ES&H Manual -->
Volume III: Environment--Controls
and Hazards --> Document 33.4Cultural and Paleontological Revision Definitions Table of Contents1.0 Introduction2.0 Applicability to LLNL Activities 6.0 Resources for More Information
1.0 Introduction
If you are planning a project that will involve construction or ground disturbance, notifying the LLNL archaeologist within the Operations & Regulatory Affairs Division (ORAD) early in the planning stage will help ensure that project activities will not be delayed by the cultural resource protection compliance process. During the compliance process, every effort is made to locate surface
cultural resource deposits. However, it is possible that subsurface deposits
may be unearthed during construction activities. Mitigation Measures 4.1.1
and 4.2.1 of the 1992 Environmental Impact Statement/Environmental Impact
Report (EIS/EIR) require that these deposits be reported to the LLNL ORAD
archaeologist immediately. Work in the area of the find should be halted
until the archaeologist assesses the discovery. Artifacts are protected
under the ARPA; fossils are protected under the Antiquities Act. Such
resources may not be collected or defaced.
Section 110 sets forth the broad affirmative responsibilities for balancing agency missions with cultural values. Its purpose is to ensure that historic preservation is fully integrated into federal agency programs. Section 106 requires federal agencies to take into account the effects their projects may have on "historic properties" (cultural resources), and they must allow a reasonable time period for the Advisory Council on Historic Preservation (the Council) to comment. The Section 106 regulations (36 CFR 800, Protection of Historic and Cultural Properties) outline a five-step review process that is conducted on a project-by-project basis. The five steps are the following:
During most project reviews, the State Historic Preservation Officer (SHPO) represents the Council. The California Environmental Quality Act (CEQA), Appendix K, outlines a project-by-project historic property review process for state agencies similar to the Federal Section 106 process described above. If non-human bones or fossils are found, the Antiquities Act regulates the protection or excavation of the resource. A permit to excavate may be required through the U.S. Department of the Interior (DOI). The Environmental Evaluations Group (EEG) within ORAD will coordinate activities that may need to be implemented should paleontological resources be identified. (See Section 4.0.) 2.0 Applicability to LLNL ActivitiesEach project that involves construction or ground-disturbing activities (including drilling) must be evaluated to ensure that it will not affect significant historic, prehistoric, or paleontological sites. At Site 300, 29 sites (7 prehistoric, 21 historic, and 1 with elements of each) and several paleontological resource sites have been discovered to date. At the LLNL main site, the World War II-era buildings themselves may be eligible for the National Register of Historic Places; however, this determination has not yet been made. One historic resource site and several paleontological resource sites have been identified at the main site.
3.0 ResponsibilitiesIt is the responsibility of each Responsible Individual to notify an ORAD archaeologist, who will initiate a cultural resources investigation of the project site and notify the DOE, SHPO, and/or the DOI at the appropriate time.
4.0 Process for Compliance
Notify an LLNL ORAD archaeologist early in the project planning stage. Plant Engineering has a soil excavation, grading, and/or drilling permit process in place for all such Site 300 projects that may involve surface disturbance and for main site projects in certain sensitive areas, such as the buffer zones and near the arroyos. The archaeologist reviews the Site 300-related permit applications as another mechanism to ensure that proposed projects that could impact sensitive cultural resources are identified before the project starts. Because the main site does not contain ground surfaces that are undisturbed or have not been previously surveyed for the presence of cultural/paleontological resources, main site related permits are not reviewed by the archaeologist. Then the archaeologist will check to see whether the project site has been surveyed and, if not, will survey the site, as appropriate. He or she will also prepare the necessary NHPA documentation and notify the DOE and/or SHPO. If no sites are discovered during the survey, the project will be notified by the ORAD archeologist that it may proceed (pending other environmental and regulatory approvals). If sites are discovered, what happens next depends on the type and significance of the site and whether or not the site will be affected by the project. Figure 13-1 shows the process for complying with cultural resource laws at LLNL. If a significant site is discovered, appropriate mitigation measures will be developed in consultation with DOE, SHPO, and/or DOI and other interested parties.
Figure 1. Cultural and paleontological resource compliance process.
5.0 Work Standards5.1 Work Smart Standards36 CFR 60, National Register of Historic Places [criteria for listing, DOE takes Advisory Council comments into account before impacting property - Sect. 106] 36 CFR 63, Determinations of Eligibility for Inclusion in the National Register of Historic Places NR [for Federal Agencies] 36 CFR 68, The Secretary of the Interior's Standards for the Treatment of Historic Properties 36 CFR 79, Curation of Federally-owned and Administered Archeological Collections 36 CFR 800, Protection of Historic and Cultural Properties 43 CFR 3, Preservation of American Antiquities 43 CFR 7, Protection of Archeological Resources 16 USC §§ 432-433, Antiquities Act of 1906 16 USC § 469a-1, Threat of Irreparable Loss or Destruction of Significant Scientific, Prehistorical, Historical or Archeological Data by Federal Construction Projects; Notice to Secretary of the Interior; Survey; Recovery, Preservation, and Protection of Data 16 USC § 470f, Effect of Federal Undertakings Upon Property Listed in National Register; Comment by Advisory Council on Historic Preservation 16 USC § 470h-2, Historic Properties Owned or Controlled by Federal Agencies 16 USC § 470h-3, Lease or Exchange of Historic Property 16 USC § 470w-3, Access to Information 16 USC § 470cc Excavation and Removal 16 USC § 470ee Prohibited Acts and Criminal Penalities 16 USC § 470ff, Civil Penalties 16 USC § 470hh, Confidentiality of Information Concerning Nature and Location of Archaoelogical Resources 25 USC § 3001-3005, Native American Graves Protection and Repatriation Act of 1990 42 USC § 1996, American Indian Religious Freedom Act
California Environmental Quality Act (CEQA), Appendix K (1983) Executive Order 11593 (1971), Protection and Enhancement of the Cultural Environment Federal Aid to Highways Act (1956 & 1958) Final Environmental Impact Statement and Environmental Impact Report for Continued Operation of Lawrence Livermore National Laboratory and Sandia National Laboratories, Livermore, August 1992; DOE/EIS 0157, UC EIR SCH #90030847 (1992 EIS/EIR), and its January 21, 1993 DOE Record of Decision (58FR6268) Health and Safety Code Section 7050.5 (added 1982) Historic Sites, Buildings, and Antiquities Act, as amended. 16 U.S.C. 461467 (Public Law 74-292) National Historic Preservation Act Amendments of 1980, Public Law 96-515 National Historic Preservation Act Amendments of 1992, Public Law 102-575 NEPA of 1969. 42 U.S.C. 4321-4361; 40 CFR 1500-1508, 10 CFR 1021; Executive Order 11514, as amended by Executive Order 11991; (Public Law 91-190). DOE NEPA Regulation/Rule: 57FR15122, April 1992 6.0 Resources for More Information6.1 LLNL ContactsIf you have any questions or need assistance, contact an LLNL archaeologist in ORAD.
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