ARCHEOLOGICAL AND CULTURAL RESOURCES
WHEREAS preservation and protection of these sites provides educational and cultural values for all citizens and leads to better understanding between cultures of our shared history; and
WHEREAS many citizens of Washington contribute their time and efforts to preserve and protect Washington's unique archaeological and historic sites, and traditional cultural places; and
WHEREAS these sites and places hold special cultural, historical, and spiritual significance for both tribal members and citizens of Washington; and
WHEREAS the Department of Archaeology and Historic Preservation (DAHP) and the Governor's Office of Indian Affairs (GOIA) have key statewide responsibility to enhance the public's awareness of the need and value of protecting Washington's heritage and establish effective consultation with Native American tribal governments.
NOW, THEREFORE, I, Christine O. Gregoire, Governor of the state of Washington, hereby order all state agencies to:
|1.||Review capital construction projects and land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106), with the DAHP and affected Tribes to determine potential impacts to cultural resources. This review shall be required on all capital construction projects unless they are categorically exempted by DAHP. Cultural resources are defined as archeological and historical sites and artifacts, and traditional areas or items of religious, ceremonial and social uses to affected tribes. This review should be done as early in the project planning process as possible. Should DAHP identify a known culturally significant site in the area of a project, or should DAHP inform the agency of the potential that such a significant site is likely to be found in a project locale, the agency shall:|
|A.||Work with DAHP and affected Tribes on
appropriate archaeological survey and
mitigation strategies consistent with state
and federal laws.
|B.||Consult with affected Tribes in a way that
includes a face-to-face meeting or other
agreed upon method to discuss the project
before a state agency completes the project
design. The agency will work with GOIA and
DAHP to identify affected tribes and, if
needed, seek their help to arrange a meeting
to discuss the project in question. If an
agency is unable to arrange such a meeting,
it will promptly notify GOIA and DAHP of the
|C.||Take reasonable action to avoid, minimize or
mitigate adverse effects to the archeological
or cultural resource.
|D.||Notify DAHP and GOIA, in advance, of any
meeting with affected Tribes during which
matters concerning cultural resources related
to a capital construction project will be
discussed, and extend invitations to both
agencies to attend any such meetings. If
representatives from DAHP or GOIA cannot
attend, the agencies will provide DAHP and
GOIA with detailed meeting notes.
|2.||Submit all agreements between state agencies and
affected Tribes concerning cultural resources that
are developed outside the Section 106 process for
review and comment to DAHP. DAHP's review and
comment on any such agreement must occur before the
agency can sign such agreement. Consult with DAHP
and affected Tribes during project design and prior
to construction on projects not undergoing Section
106 review, as a condition to receiving state grants
or loans for the purposes of a capital construction
project. Should either DAHP or the affected Tribes
identify cultural resources affected by the proposed
project, the state agency or agencies will ensure
that the grant recipient finds reasonable ways to
avoid, minimize or mitigate impacts to the resource
before state funding is disbursed. State agencies
shall take steps to insure that this type of review
is incorporated into their grant and loan management
|3.||The Office of Financial Management is directed to
include in its capital budget instruction a
requirement that agencies consult with DAHP and
GOIA, as appropriate, as part of the budgeting
process for pre-design, design and construction.
|4.||To the extent that they have not already received
training, all appropriate state agency employees
managing capital construction projects or pass
through capital grants will attend
Government-to-Government training and Cultural
Resource training provided by GOIA and DAHP.
|5.||By January 15, 2007, DAHP shall report back to the Governor's Office and the Office of Financial Management on the implementation of this executive order including any recommendations on ways of improving implementation.|
This executive order takes effect immediately.
Signed and sealed with the official seal of the State of Washington, on this 10th day of November 2005, at Olympia, Washington.
|Christine O. Gregoire|
|BY THE GOVERNOR:|
|Secretary of State|
Reviser's note: The spelling errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.