Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0620 - General Management Area Cultural Resources Review Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Provisions for Implementing the
			 Cultural Resources Protection Process.
(a) All
			 cultural resource surveys, evaluations, assessments, and mitigation plans shall
			 be performed by professionals whose expertise reflects the type of cultural
			 resources that are involved. Principal investigators shall meet the
			 professional standards published in  36 CFR Part 61  and Guidelines for
			 Evaluating and Documenting Traditional Cultural Properties (Parker and King, no
			 date).
(b) Cultural resource
			 surveys, evaluations, assessments, and mitigation plans shall generally be
			 conducted in consultation with tribal governments and any person who submits
			 written comments on a proposed use (interested person). Tribal governments
			 shall be consulted if the affected cultural resources are precontact or
			 otherwise associated with Native Americans. If the cultural resources are
			 associated with non-Native Americans, such as an historic house or pioneer
			 campsite, the tribal governments do not have to be consulted.
(c) Comments received from a tribal
			 government at any time during the Executive Director's review of a proposed
			 development or use shall be considered to ensure that the proposed development
			 or use does not affect or modify the treaty or other rights of that
			 tribe.
(d) As used in 350-082-0620,
			 "large-scale uses" are: residential development involving two or more new
			 dwellings; all recreation facilities; commercial development; public
			 transportation facilities; electric facilities, lines, equipment, and
			 appurtenances that are 33 kilovolts or greater; and communications, water and
			 sewer, and natural gas transmission (as opposed to distribution) lines, pipes,
			 equipment, and appurtenances. As used in this Chapter, small-scale uses are all
			 uses and developments that are not large-scale uses.
(e) Determination of potential effects to
			 significant cultural resources shall include consideration of cumulative
			 effects of proposed development that is subject to a reconnaissance or historic
			 survey, a determination of significance, an assessment of effect, or a
			 mitigation plan.
(f) The Gorge
			 Commission shall conduct and pay for all reconnaissance and historic surveys
			 for small-scale uses in the GMA. When archaeological resources or traditional
			 cultural properties are discovered, the Gorge Commission also shall identify
			 the approximate boundaries of the resource or property and delineate a
			 reasonable buffer zone. Reconnaissance surveys and buffer zone delineations for
			 large-scale uses shall be the responsibility of the project applicant.
(g) Project applicants are
			 responsible for paying for evaluations of significance, assessments of effect,
			 and mitigation plans for cultural resources that are discovered in a
			 reconnaissance or historic survey or during construction of smallscale and
			 large-scale uses in the GMA.