Government Affairs Committee Report to Members, May 7, 2021
Prepared by Al Tonetti, Chair
Andy Sewell, Lauren Sieg, and Mike Striker, Committee Members
The mission of the Government Affairs Committee is to develop and advance legislative priorities, consult with government agencies, interested parties, and the public regarding the effects of government policies, regulations, actions, and projects on Ohio archaeology and archaeological resources, and provide leadership regarding the role of archaeology and archaeologists in civic affairs. If you want to participate in the Committee’s work, please contact Al Tonetti.
SHPO Online Mapping System Update. The State Historic Preservation Office’s (SHPO) GIS was recently updated to include a county-level database showing Federally recognized tribes, local historical societies, and historic preservation organizations, including the Ohio Archaeological Council (OAC), who should be consulted during Section 106 undertakings. This “interested parties” list includes the OAC for all 88 Ohio counties.
SHPO Integrated Project System (IPS). Later this year, SHPO plans to launch a web-based application for use by agencies, consulting firms, interested parties, and others to submit projects for Section 106 review, National Register nominations, Ohio Historic Inventory Forms and Ohio Archaeological Inventory Forms. Documents, images, reports, and correspondence for any given project will be stored in IPS and be available for viewing by those directly associated with projects. SHPO will review submissions and communicate with submitters through IPS. Updates will be posted at https://www.ohiohistory.org/ips.
Human Burial Places Protection Bill. The Ohio History Connection (OHC) and its SHPO continue to work with the OAC on this matter. Since we were unsuccessful in getting a bill introduced into the 133rd General Assembly, primarily due to legislative inaction during the pandemic and some opposition from interested parties, we decided to take a different approach. We decided to draft a bill creating a human burial grounds task force to study relevant issues and make recommendations to the Governor and leaders of the General Assembly, similar to the Ohio Cemetery Law Task Force of 2013-2014. The bill has been drafted and we met twice with the likely sponsor, Representative Mark Johnson (R-Chillicothe), discussing the need for and composition of the task force. With his background in the construction industry, Rep. Johnson has some familiarity with encountering human burial places during construction projects and wants to see a reasonable process for dealing with these matters established in Ohio. A few other legislators interested in co-sponsoring the bill have been identified. The task force would be composed of 15 individuals representing various interest groups, including someone from the OAC, appointed by the Governor and leaders of the House and Senate. Rep. Johnson is contacting the interest groups gauging their interest in serving. The OHC would provide administrative support for the task force. The task force would address better protection of human burial grounds including abandoned and inactive cemeteries as well as unmarked human burial sites and the human remains contained therein, but not active cemeteries, the latter of which was the focus of the 2013-2014 task force. The new task force would receive testimony from interested parties and have one year to complete their work and submit a report to the Governor, House Speaker, and Senate President. If you are interested in serving as the OAC’s representative on this task force or know of someone who should, please contact President Nolan or Al Tonetti ASAP.
Foster Cemetery, Green Township, Adams County. The OAC was contacted by The Nature Conservancy (TNC) for advice concerning how to address graves in danger of eroding into Ohio Brush Creek at the township administered cemetery. Erosion is severe and the threat ongoing. TNC is an adjacent landowner considering having any graves removed reburied on their property. Ohio has no standards for how such removals should be done, and the township does not have funds for conducting the proper removal and reburial. Options for getting bioarchaeologists to assist with the removal were explored, and the Columbus-based Institute for Research and Learning in Archaeology and Bioarchaeology (IRLAB) submitted a proposal to do so as part of their education and training programs.
Worthington Cemetery, Highland Township, Defiance County. The OAC was contacted for help in identifying a vanished 19th century African American cemetery being farmed by a local government agency. Prior to discovering what is thought to be the general location of the cemetery, in 1993 an archaeological investigation of the area was conducted for a proposed sewer and water treatment facility, which has not been built. The archaeological survey identified a Late Archaic “Glacial Kame” site that was recommended for additional investigation because it yielded artifacts often associated with human burials. A piece of a headstone was subsequently recovered in the general location of what is thought to be the historic cemetery. Discussions concerning how to locate graves from the African American cemetery and who could do this work ensued. The local group trying to preserve this cemetery is working with the local government agency to stop farming the area thought to contain the cemetery, to maintain it as green space, erect a marker at the site, and allow public access to it.
Newark Earthworks Litigation. On July 7, 2020, the Ohio Supreme Court decided that it would hear Moundbuilders Country Club appeal that OHC can terminate their lease using Ohio’s eminent domain statute. Oral arguments were held April 13, 2021. The court documents and the oral arguments video can be found at https://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2020/0191.
ODNR Acquisition of Oldtown Council House Site, Greene County. The Ohio Department of Natural Resources (ODNR) will acquire and develop a new state park at the former late 18th Shawnee Indian settlement of Oldtown in Xenia. The State Controlling Board approved ODNR's proposal to purchase the property for $260,000 and to transform the half-acre property into Ohio's 76th state park. ODNR plans to engage with the three sovereign and federally recognized Shawnee Tribes, the Eastern Shawnee Tribe of Oklahoma, the Shawnee Tribe, and the Absentee Shawnee, to preserve the site. The state park will include an interpretive center and several markers memorializing historical events at Oldtown.
Ohio Underground Damage Prevention Coalition. Due to the pandemic, subcommittees of the Coalition discussing revising Ohio’s “call before you dig”/underground utilities protection law met infrequently last year. A virtual Coalition meeting was held on February 25, 2021 discussing where we go from here. Subcommittees may make recommendations on revising the law to the Coalition later this year, but any changes would be unlikely until 2022. Changes to training requirements are still in the discussion phase. OHIO811’s website, https://www.oups.org/legislative-coalition-oudpc/, contains updates.
Statehood Day. A virtual Statehood Day was held on March 1, and the Ohio Museums Association hosted a follow-up discussion about the legislative priorities on March 2. Approximately 215 attended the former and 30 the latter. The priorities include the bill creating the human burial grounds task force and OHC’s budget.
Bills in Congress (information on all bills available at https://congress.gov/):
African American Burial Grounds Network Study Act. Senator Sherrod Brown (D-OH) and Senator Tim Scott (R-SC) are preparing to reintroduce the African American Burial Ground Network Study Act. This bill directs the Secretary of the Interior to study how to identify, interpret, and preserve historic African American burial grounds. It authorizes $2.5 million to conduct the study and requires the results to be presented to Congress within three years of the money being made available. This bill differs somewhat from the legislation (S.2827) that was introduced in the last Congress and passed by the Senate on December 20, 2020.
S. 820, Paving the Way for Rural Communities Act. This bill would exclude certain federal undertakings from complying with the National Environmental Policy Act, the Endangered Species Act, and the National Historic Preservation Act (i.e., Section 106) in any area of the country that is not part of a metropolitan statistical area. This bill is similar to legislation that was introduced in the previous Congress. The bill was referred to the Senate Environment and Public Works Committee.
H.R. 2930/S. 1471, Safeguard Tribal Objects of Patrimony Act. These bipartisan bills, to enhance protections of Native American tangible cultural heritage, including human remains and cultural items, have been reintroduced in the House and Senate. Among other things, the bills would bar and establish stronger penalties for knowingly exporting Native American cultural items that were obtained in violation of the Native American Graves Protection and Repatriation Act and/or the Archaeological Resources Protection Act; establish an export certification system for items allowed to be exported; establish a Native American working group to provide recommendations regarding the voluntary return of tangible cultural heritage by collectors, dealers, other individuals, and non-Federal organizations that hold tangible cultural heritage, and the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets. H.R. 2930 was referred to the House Committee on Natural Resources, and Committees on the Judiciary, and Foreign Affairs. In the Senate, S. 1471 was referred to the Committee on Indian Affairs.
Boston Mills North, Cuyahoga River Restoration. USEPA/NPS/USACE project, Cuyahoga Valley National Park, Cuyahoga and Summit counties. The OAC is a consulting party on this project to restore habitat and hydrology along several miles of the river. Federally recognized tribes are also involved. The project has been revised so it would not impact known and likely significant (National Register eligible) archaeological sites. However, the revised project has the potential to affect areas where there is a high potential for new sites to be found. A programmatic agreement addressing these impacts is being developed and scoping for archaeological investigations is underway, led by the National Park Service (NPS) and the U.S. Army Corps of Engineers (USACE). We participate in all consulting party meetings and have submitted comments on the project’s scope of work to identify cultural resources and other matters. The project website can be found at https://parkplanning.nps.gov/document.cfm?parkID=121&documentID=105031
Buckeye Lake East End Dredge Material Relocation Area. USACE/ODNR project, Perry County. The OAC is a consulting party on this project that affects 33PE1221, an open-air Late Archaic habitation site determined NRHP eligible. Avoidance of project impacts was recommended by USACE/ODNR (Ohio Department of Natural Resources) and SHPO. The OAC requested further clarification on the site’s NRHP eligibility and why avoidance was recommended over data recovery. The site has been fenced off and will be avoided by the project.
Irishtown Bend Hillside Stabilization. USDOT project, Cleveland, Cuyahoga County. The OAC accepted the invitation from the U.S. Department of Transportation (USDOT) Maritime Administration to participate as a consulting party for the stabilization of the Irishtown Bend hillside to prevent it from sliding into the Cuyahoga River and disrupting Cuyahoga River commerce and recreation. The Irishtown Bend hillside includes a large archaeological district listed in the NRHP. Its significance spans the period 1850 – 1910 when it was an enclave of unskilled European immigrants’ homes and shops supporting Cleveland’s shipping and other industries. In accepting the invitation, we noted that the project is likely to cause adverse effects to the archaeological district, which was archaeologically investigated in the late 1980s by the Cleveland Museum of Natural History. Consulting party meetings and scoping of the archaeological investigations begin on May 12.
McConnelsville Dam Replacement. ODNR and USACE project, Morgan County. The OAC is a consulting party on this project to replace the dam and its adverse effects to it (see Muskingum River Locks and Dams Assessments and Improvements project immediate below). We are currently discussing what measures are appropriate to mitigate adverse effects to the dam as stipulations in the Memorandum of Agreement (MOA) being developed. A draft of the MOA is anticipated this week.
Muskingum River Locks and Dams Assessments and Improvements. ODNR and USACE project, Coshocton, Morgan, Muskingum, and Washington counties. The OAC is a consulting party in developing a programmatic agreement to consider the effects of improvements on NRHP-listed structures in the Muskingum River Navigation Historic District. The improvements would be done over a 10-year period. Our comments are primarily focused on concerns for archaeological investigations of construction staging areas and roads to same and identifying archaeological resources during dewatering around dam and lock facilities.
Thornwood Crossing Bridge. ODOT project, Licking County (Newark). The OAC accepted the Ohio Department of Transportation’s (ODOT) invitation to be a consulting party to address impacts on 33LI1740, a Middle Woodland period Hopewell habitation site containing relatively undisturbed pit features, midden, and activity areas. We reviewed and commented on the archaeological reports and data recovery plan.
WAR-SR 63-0.38. ODOT project, Warren County. We accepted an invitation from ODOT to be a consulting party on this project. The project will widen a 3.4-mile segment of SR 63 to four lanes. Archaeological resources associated with the West Families of the Union Shaker Village may be affected by the project.
Wayne National Forest Plan Revision. After two years of planning, the Wayne National Forest Supervisor decided to suspend revision of the 2006 forest plan in order to focus on ongoing priorities. See plan revision information at https://www.fs.usda.gov/main/wayne/landmanagement/planning.
Zoar Levee and Diversion Dam repair. USACE project, Tuscarawas County. We continue to participate in monthly consulting party meetings on this project affecting the Zoar Historic District, a National Historic Landmark. The USACE and their archaeological consultants have conducted multiple archaeological and geophysical investigations in the project area. We reviewed and commented on the Phase 1 archaeological survey report, which included geomorphological, geophysical, deep trenching, and shovel test pit investigations. We reviewed and commented on the finding of effects and effects management options report. We also reviewed and commented on a management summary of a second geophysical survey report noting concerns about its efficacy. We are now reviewing a proposed scope of work for a third archaeological and geophysical survey. For information on this project see https://www.lrh.usace.army.mil/Missions/Civil-Works/Current-Projects/Zoar/.
It is once again time for our spring members meeting, which will be virtually hosted on May 7th from 9:30 to 14:30. I am excited to see some of the presenters for this meeting, including the panel discussion that will be kicking off the meeting. Our meeting will be held via Webex, hosted by president Kevin Nolan. Members will receive an email invitation to the Zoom and Webex meetings in advance of May 7.
We are also trying out a virtual poster session, held during the lunch hour. The poster authors will be available for questions, and if necessary, we will create breakout rooms on Zoom. The posters can be viewed at the following site: https://padlet.com/eolseric/ivb12a6pgu6etnfy. You do not need an account to access the posters, and you do not need an account to post comments. You can visit the site as often as you would like so long as you have the link.
For the public, we will be live streaming the meeting, except the OAC business meeting, on the OAC youtube channel: https://www.youtube.com/channel/UCihQNObsGAzCtTT__euQ1kA. For those members of the public who wish to speak at the meeting, there will also be a Zoom meeting, hosted by president Nolan. See below for a full list of presenters and abstracts. We look forward to seeing you there!
|9:30||Al Tonetti, Kevin Nolan, Jarrod Burks, Thomas Grooms||Geophyisics as a Viable Tool in Phase 1 Archaeological Investigations: Bringing Ohio Archaeology Into the 21st Century|
|10:30||Jarrod Burks||There’s More than One Way to Make a Great Circle: Magnetic Survey Results from the Deer Creek Circle and the Bertsch Site|
|11:00||Elizabeth Hoag||Update on the Shaker Dig program, Shaker Heights, Ohio.|
|11:30||Kevin Nolan||Newark Earthworks and Virtual World Heritage Ohio: Introduction to a Prototype, Multi-audience Virtual World Experience|
|1:00||Jeb Bowen||Hopewellian, Chesser and Jack's Reef Point Distributions in South-Central Ohio|
|1:30||OAC Business Meeting|
There’s More than One Way to Make a Great Circle: Magnetic Survey Results from the Deer Creek Circle and the Bertsch Site
Great Circles are one of the more common large earthwork types in the Middle Ohio Valley. They occur as stand-alone ditch-and-embankment enclosures, often 1000 feet or more in diameter, or are attached to other large enclosures. In the winter of 2020-2021, the Heartland Earthworks Conservancy conducted magnetic gradiometer surveys at two Woodland period earthwork sites with Great Circles: the Deer Creek Circle and Bertsch. This presentation explores the results of the surveys and contextualizes these two distinct interpretations of the Great Circle class of earthen enclosure. The Deer Creek Circle is located in northern Ross County, OH and was only recently discovered in aerial photographs by David Lamp. In addition to the enclosure, the magnetic data also reveal two possible structures and an intriguing array of large pit features. Bertsch is a well known site in eastern Indiana with nearly three dozen small enclosures, some of which are arranged in a pattern echoing the Great Circles of southern and central Ohio. Though located some distance outside the main concentrations of large earthwork complexes in the region, the Bertsch site monuments show that the shift to large enclosure use and construction was realized in a variety of ways.
Geophysics as a Viable Tool in Phase 1 Archaeological Investigations: Bringing Ohio Archaeology Into the 21st Century
Al Tonetti (Moderator). Panelists: Kevin Nolan, Jarrod Burks, Thomas Grooms
This panel discussion will examine the efficacy of using archaeological geophysics in Phase 1 field investigations to identify archaeological “sites” (a construct we may re-examine at another time) eligible for listing in the National Register of Historic Places, called “historic properties”. The primary question explored is under what circumstances in regulatory processes (e.g., 36 CFR Part 800/Section 106 and ORC 149.53) is magnetic gradiometry (and/or other geophysical instrumentation) a Phase 1 survey best practice for complying with the Section 106 standard of making a reasonable and good faith effort to identify historic properties archaeological in nature.
Hopewellian, Chesser and Jack's Reef Point Distributions in South-Central Ohio
The distributions of Hopewellian (1600 to 1900 years), Chesser (1600 to 1300 years) and Jack's Reef (1300 to 1100 years) Points within south-central Ohio are mapped. The similarities and differences are discussed in terms of settlement/land-use patterns, as well as sampling and reporting biases and inconsistencies.
Update on the Shaker Dig program, Shaker Heights, Ohio
The Shaker Dig youth program is about to enter its 7th consecutive summer at the Shaker Historical Museum. I offer here an update about how we have managed to keep the program alive throughout the past year as we navigated a number of challenges, including how to engage with the public and with young people through a pandemic, and our hopeful and ambitious plans going forward.
Newark Earthworks and Virtual World Heritage Ohio: Introduction to a Prototype, Multi-audience Virtual World Experience
Kevin C. Nolan, John Fillwalk, Brad Lepper, Jennifer Aultman, Meghan Federer, Neil Zehr, Jade Moore, Christine Ballengee Morris, Brett Barnes, Marti L. Chaatsmith, and James J. Connolly
The Hopewell (ca. 1 to 400 CE) monumental earthworks were expressions of a brilliant florescence of art, architecture, ceremony, and interregional interaction unparalleled in contemporary North America. “Hopewell” societies participated in a sophisticated interaction sphere that likely involved a mixture of gift-giving, pilgrimage offerings, extraordinary journeys by individuals and small groups, and trade. These places of aggregation, celebration, and renewal are now severed from these functions. It is no longer possible to experience and investigate the original forms of these monuments. The barriers of time and space limit various audiences (e.g., tribal citizens, K-12 schools, researchers) from being able to interact with and learn from these earthworks. New digital technologies provide opportunities to overcome these challenges through virtual Hopewellian built environments.
The Newark Earthworks, the preeminent example of Hopewellian geometric earthworks, consists of four large enclosures connected by avenues of parallel walls enveloping more than 3.9 mi2. The complex inscribes intricate knowledge of the celestial ecosystem into the site geometry. Precisely inscribing these alignments on the ground, required extensive planning and exquisite knowledge of the sky’s various cycles.
The Applied Anthropology Laboratories and the Institute for Digital Intermedia Arts, in partnership with the Ohio History Connection, The Works: Ohio Center for History, Art & Technology, and a project Advisory Board, with a Level II Digital Humanities Advancement Grant (HAA-269032-20), develop an interactive 3D simulation to advance scholarship on, and public engagement with the Newark Earthworks, specifically, and Ohio’s Hopewell ceremonial centers, generally. We present an introductory overview of Virtual World Heritage Ohio and a discussion of our progress to-date.
Identifying and Mapping the Chaine Operatoire: ASC’s Phase III Investigations of a Cobble Chert Quarry/Workshop site, Brown County, Ohio
Recently, ASC Group, Inc. completed a multi-season Phase III investigation of the Yates site, an 11-ac multicomponent prehistoric site next to White Oak Creek in Brown County, Ohio. The site combines elements of Late Archaic and Late Woodland camp sites with a small-scale low-intensity quarry/workshop for cobble chert. It appears that the quarry and workshop component was utilized most intensively in the Early Archaic period (10,000 BC-ca. 5800 BC) and Late Archaic period (3500 BC-800 BC) and, most likely, usage tailed off during the Woodland period (800 BC-AD 900. Attempts to disentangle the habitation and quarry/workshop components of the site led to use of two analytical techniques: 1) the development of chaine operatoire diagrams for a divergent lithic reduction sequence; and, 2) mapping and spatial statistical analysis of debitage and tools. First, I focus on a composite chaine operatoire (operator chain), which is a flow chart, that identifies the bifacial reduction continuum and how expedient tools are often created as co-products incident to the bifacial tradition. The bifacial reduction continuum is better studied and expedient tool making techniques are poorly known. The spatial distribution of cobbles, intermediate products like cores, hammerstones, chert tools, and debitage then were mapped in relation to the swales from which raw materials were gathered. The Local Indicator of Spatial Association (LISA), a spatial statistical technique, was applied to cortical and non-cortical debitage. The results demonstrate where decortication of chert cobbles was occurring and consequently how the sequencing of lithic reduction operations played out across the site. This research improves our knowledge of expedient and low-intensity lithic processing technology.
The Hilliard Site, Cuyahoga County, Ohio
The Hilliard site was first documented by Arthur Smith circa 1908 at the corner of Hilliard Road and Indianola Avenue in Rocky River, Cuyahoga County, Ohio. Smith published several accounts of his investigations of the site spanning roughly 50 years in Ohio Archaeologist. Recently, part of Smith’s collection was rediscovered at the University of Akron archaeology laboratory. Though the information and collection are small, these artifacts represent a handful of archaeological investigations within the entire Rocky River watershed.
On March 1 you can help advance archaeology in Ohio by joining hundreds of participants in advocating for important history-related initiatives. It is the annual Statehood Day event, this year a virtual one on Zoom. Admission is free but advance registration is required.
You can learn more and register for Statehood Day at
Please consider donating all or part of your state income tax refund to the Ohio History Fund, line 26a on your IT 1040 return. More than 12,000 tax filers did so last year, with the average donation around $10. Combined with other support, there was more than $130,000 to grant this year. This year’s grant recipients will be announced next month.
Since the Ohio History Fund started in 2012, it has made 78 grants for a total of nearly $739,000. There is an even greater need: the Ohio History Fund has received 437 grant applications totaling $5.3 million in requests and pledges of $13.6 million in local matching funds.
The Ohio History Fund is one of the few grant programs in the state solely for archaeology, history, and preservation projects. Your contribution to the “Ohio History Fund” tax check-off on your state tax return makes these in-demand grants possible.
Our spring 2021 membership meeting will, once again, be held virtually on May 7th, 2021. However, we have some exciting new events to switch things up from our usual format. I have created a short, 15 minute tutorial on using WebEx, Padlet, and the general format of our virtual meeting. If you need a crash course or refresher on any of the relevant technology, I recommend checking it out: https://www.youtube.com/watch?v=Zk75BFkOSfU.
Poster submissions must meet the following criteria: images cannot exceed 10 MB in file size; images should not exceed 300 DPI; please limit photographs/images to no more than 5. There is no restriction on the number of tables. Padlet has limited storage capacity on their servers, and we should be respectful of other poster presenters needs. Unlike other poster sessions, you do not need to format your content in another application like MS Publisher. If you decide to post directly into padlet (either by typing and uploading images, or by copy-and-paste) keep in mind that submissions will be very long and thin, meaning a 500 word poster will require scrolling. Attachments such as pdfs and images, can be selected by viewers to enlarge them and zoom in. So, you may also wish to upload the poster using third party applications (such as MS Publisher). Usually, a pdf copy of a poster will take up significantly less space than raw image files, so I recommend uploading the poster from a third-party application for the best visual formatting and storage space on the padlet server.
In addition to the poster session, John Schweikart will be leading an educational seminar with Q & A about the newly revised OHPO Archaeology Guidelines. Between the seminar and the poster session, we will have slightly fewer than normal presentation time-slots for this meeting (approximately 3 or 4); however, we are still calling for papers for this meeting. There is no focus or specific theme to this meeting, so I encourage anyone to submit an abstract! Please email abstracts and titles to Eric Olson no later than April 23rd, 2021.
The Archaeology Channel has exciting news about a new streaming channel for shows about archaeology and cultural heritage:
We [The Archaeology Channel] made this for people who may be tired of mindless reality TV shows, or watered-down content disguising itself as science, and who might be interested in binge-worthy shows, NOT from Netflix, that people can watch on their own smart TVs.
Heritage Broadcasting Service, or just plain Heritage, launched formally on January 1. Developed by nonprofit Archaeological Legacy Institute (that’s us, the people who created The Archaeology Channel at archaeologychannel.org), Heritage features more than 100 outstanding film titles from many countries, on familiar subjects such as ancient Egypt, Stonehenge, Mesoamerica, and Peru, but also on diverse and rarer topics ranging from prehistoric astronomers to the only Japanese bombing of the US mainland in World War II. Many more titles are in the pipeline. Subscribers will be able to watch all the shows on their smart TVs with Roku. as well as on their desktop computers, tablets and smartphones. See our short video about Heritage at https://youtu.be/e8md5evVUro.
You can check out the Heritage site at HeritageTAC.org, where you can watch many trailers already before subscribing and read descriptions of the dozens of titles posted there so far. Subscriptions ($5.99 per month, with discounts for longer terms) are available. Gift cards (at https://heritagetac.org/gift_cards/new) are available for immediate redemption. You can support this nonprofit service now by reserving gift cards as presents or even for yourself.