GE14-04(B): Qualification Program for Cultural Resource Compliance & Documentation

Type: Bulletin

Topic or Program: Environmental  |  NEPA & Cultural Resources

Final Number: GE14-04(B)

Effective Date: 11/13/2014

Updated Date: 05/15/2023

Signature on File: John Raasch, State Environmental Manager

This bulletin establishes professional expectations for consultants contracting with the Oregon Department of Transportation (ODOT) and/or through Local Agencies, to prepare Cultural Resource compliance documentation under Section 106 of the National Historic Preservation Act (NHPA). ODOT will only authorize consultants who successfully complete the Qualification Program described in this Bulletin to prepare or oversee Section 106 documents for ODOT and Local Agency projects.

To improve the consistency of Section 106 documentation and streamline interagency consultation, ODOT requires internal cultural resource staff and consultants (we are certifying the person not the firm) to meet the Secretary of the Interior’s (SOI) Standards (36 CFR Part 61) in the required discipline for the work conducted. While not everyone in a firm must be ODOT qualified, those who conduct architectural history work must meet SOI standards in architectural history and those who conduct archaeological work must meet SOI standards in archaeology. Of those SOI qualified staff carrying out the work for each discipline, the person overseeing the work must complete ODOT’s training course, and pass an exam before submitting Section 106 documentation to ODOT. This helps ensure consistent quality of the deliverables and reduce the frequency of rejected documents. This certification must be renewed online every three years.

In 2010, the ODOT Cultural Resource Program implemented the Consultant Training Qualification Program to meet the following goals:

• Improve the quality and consistency of consultant documentation
• Reduce the cost of consultant documentation and ODOT staff review
• Establish best practices for ODOT and consultant communication

Elements of the ODOT Qualification Program are below; additional information is on the ODOT Cultural Resource Program web page:

https://www.oregon.gov/ODOT/GeoEnvironmental/Pages/Cultural-resources.aspx

Statements of Work for this and other professional services contracts as well as Intergovernmental Agreements for cultural resource services on ODOT projects must reflect the requirements of this qualification program.

1. Minimum Qualifications

   Consultants eligible to produce Section 106 documentation on behalf of ODOT and Local Agencies are required to meet minimum professional qualifications. The federal requirements can be found on the National Park Service website: https://www.nps.gov/articles/sec-standards-prof-quals.htm. Archaeologists must meet the minimums set forth in the “Archaeology” category, while Archictectural Historians must meet the minimums set forth in the “Architectural History” category. Documentation of required education and experience is mandatory for non-ODOT personnel seeking qualification. Consultants must also maintain a “qualified” status through the ODOT Consultant Training Qualification Program, posted on ODOT’s cultural resources website.

2. Training and Testing

   Only consultants who meet the minimum qualifications can complete the training and pass the test will be considered qualified. ODOT developed the Cultural Resource Qualification course and will revise it as necessary. This course is available on-line through https://workdaylearning.dasapp.oregon.gov/.
   

   Participants must pass the appropriate discipline exam; testing material is separate for archaeology and architectural history. A passing score of 80 percent qualifies the consultant to provide Section 106 documentation on behalf of ODOT and Local Agencies.

   Individuals who fail to pass the exam following three attempts must re-take the training. Qualification lasts for three years. Individuals are responsible for staying current with their qualification.

   ODOT reserves the right to provide face-to-face training should it be warranted. Consultants are expected to attend these trainings as content will be pertinent to work performed under contract.

3. Ensuring Quality

   ODOT has two additional requirements to assure the quality of Section 106 documentation produced on behalf of ODOT and Local Agencies.

   1. The use of templates approved ODOT which are available on the ODOT Cultural Resource Program web page. ODOT expects qualified consultants to check for updates to the respective templates each time they produce Section 106 documents; ODOT is not responsible for notifying qualified consultants of template updates.

      To remain qualified, consultants must maintain their qualification by taking the training and passing the test every three years. This training is on-line through Workday Learning. The qualified consultant list can be found on ODOT Cultural Resource Program web page,

      https://www.oregon.gov/odot/geoenvironmental/pages/cultural-resources.aspx

Environmental Peer Group (EPG)

• Communicate expectations of the ODOT Consultant Training Qualification Program for Section 106 compliance and documentation to Region environmental staff, Consultant Project Managers (CPMs) and Federal-Aid Specialists and/or Local Agency Liaisons.
• Forward Qualification Program issues and suggestions for improvement to the Geo-Environmental Section, Environmental Resources Unit, and Cultural Resources Program Manager.

ODOT Cultural Resources Program NEPA & Cultural Resources Unit

• Confirm that non-ODOT registrants meet ODOT Cultural Resource education and experience requirements.
• Develop and revise the ODOT Qualification Program for Section 106 compliance and documentation as needed.
• Revise the required exam as needed.
• Post Program documents and templates on ODOT’s Cultural Resource webpage.
• Involve stakeholders as needed to ensure that the goals of the Qualification Program are being met.
• Advise ODOT project management staff of qualified consultants.
• Maintain an updated list on the cultural resources website with assistance from ODOT Geo-Admin Staff.
• Provide feedback to the Environmental Peer Group on the effectiveness of the ODOT Qualification Program.
• Update this Bulletin every three years, or as needed.

Region Environmental Staff, Federal-Aid Specialists, Local Agency Liaisons

• For contracted Section 106 documentation, only use consulting firms that employ or sub-consult to ODOT-qualified consultants, or require in the contract that consultants must complete the qualification course prior to Notice to Proceed.

Workday Learning Staff Assigned to Cultural Resources Unit

• Administer and correct tests developed for the program, track test scores, and track consultants qualified by ODOT to perform Section 106 documentation.
• Provide retesting opportunities as necessary.
• Establish an ODOT expenditure account and manage payments received from training participants at in-person events.

Consultants and Local Agencies that Provide Section 106 Documentation to ODOT

• Meet and maintain the minimum qualifications identified in this Bulletin to be eligible to produce documents on behalf of ODOT.
• Enroll in the Consultant Training Qualification Program course.
• Check the ODOT Cultural Resource Program website for updated guidance and templates; use the most recent information and templates.
• Submit Section 106 documents to Regional Environmental Staff for review, processing and submittal to SHPO. Documents must come through ODOT to ensure quality prior to SHPO submittal.

This Bulletin is effective immediately.