Cultural Resources and Native American Concerns

Cultural resources are locations that contain the physical evidence of past human behavior that allow for its interpretation, including prehistoric or historic sites, buildings, structures, objects, or districts, and any associated artifacts, records, and material remains. Such resources are identifiable through field survey, historic documentation, or other sources such as oral history. Significant cultural resources are those listed in or eligible for inclusion in the National Register of Historic Places [NRHP], generally are referred to as historic properties (36 CFR 800.16(l)(1)). For clarification purposes, such resources are hereafter referred to as NRHP-eligible cultural resources. Resources of traditional religious and cultural significance to Native American tribes could be deemed eligible for listing on the National Register. Additionally, Native American tribes, ethnic or religious groups, organizations, communities, or the public could consider specific cultural resources to be of cultural, historic, or religious importance, regardless of their NRHP eligibility. National Historic Landmarks are cultural resources recognized to possess exceptional value commemorating or illustrating the history of the United States. The law and regulations require that agencies, “to the maximum extent possible, undertake such planning and actions as could be necessary to minimize harm to such landmark.”

The cultural resources analysis area is the area of potential effects (APE) for the Project, as defined by WAPA (per 36 CFR 800.16(l)(1)). The APE is the area within which NRHP-eligible cultural resources could sustain loss of integrity (as defined in 36 CFR 60.4) by alteration or destruction caused by the Project. The APE includes

• horizontally, the Project footprint, which entails the physical footprint of Project facilities within an approximately 26,000-acre area where Project facilities could be built;

• vertically, a maximum depth of 15 feet for the construction of the wind turbine foundations and a maximum height of 675 feet for construction of wind turbines; and

• a 10-mile zone from the Project Area boundary within which NRHP-eligible cultural resources where “setting” and/or “feeling” are determined critical to the resource’s NRHP eligibility.

The Project would not physically impact known NRHP-eligible cultural resources or known resources of potential traditional or religious cultural importance to Native Americans, as avoidance of these significant resources, as well as other cultural resources, where possible, is planned. If not avoidable, the programmatic agreement (PA) would further address the minimization and mitigation of physical impacts and adverse effects. The Project would result in nonphysical impacts to known NRHP-eligible cultural resources where setting and/or feeling are important characteristics contributing to the site’s NRHP eligibility, and possibly to resources of potential tribal importance, should these be identified in the extent of the Project viewshed within the 10-mile zone of the APE during the consultation process, or newly identified during Class III survey for the Project. Implementation of measures specified under the PA, including a Historic Properties Treatment Plan, would resolve all adverse effects under the NHPA, satisfying the mitigation of physical and nonphysical impacts under NEPA.