Why do HRIAs (Historic Resource Impact Assessments)?

“Archaeological heritage is an essential element in the affirmation of our Canadian identity and a source of inspiration and knowledge. It is the policy of the Government of Canada to protect and manage this heritage.1

This sentiment is echoed through all levels of government and most provinces2, territories, and municipalities have either a piece of legislation, regulation, policy, or official plan in place that enables the government to protect heritage resources on lands within its jurisdiction.

For example, it’s stated in Alberta’s Historical Resources Act that when the Minister thinks a proposed operation or activity is likely to alter, damage, or destroy a historic resource, the Minister may order that person to undertake an HRIA3. This means that the Minister of Alberta Culture and Tourism (ACT) has the authority to require developers to conduct studies that assess the potential impacts of their development on historic resources. In Alberta, these studies are called “Historic Resources Impact Assessments” or HRIAs.

If the HRIA determines that there are historic resources located within the development footprint that may be impacted by the proposed development, ACT may require that the impacts be mitigated before the project will receive development approval (i.e. through modification of the development plan or the completion of a Historic Resource Impact Mitigation / HRIM). The goal of HRIA and HRIM studies is to ensure that significant historic resources are preserved through the development and land use planning processes. As such, the Minister may require the authority responsible for approving the proposed development (such as Alberta Environment and Parks, Agriculture and Forestry, or the Alberta Energy Regulator) to withhold or suspend the approval (or licence/permit/etc.) until the HRIA/HRIM requirements have been satisfied.

Have you been required to obtain a permit-status archaeologist to undertake an HRIA/HRIM? We’d be happy to discuss how Tree Time Services can best help you through the approvals process so you can focus on your core business. Call Kurt at 780-472-8878 or email [email protected].

1 Archaeological Heritage Policy Framework, Department of Canadian Heritage, Ottawa, 1990.

2 “We value the natural heritage and human history of Alberta because they help us understand and value the past on which our present is built, and give us a deepened awareness of our common roots and shared identity.” The Spirit of Alberta: Alberta’s Cultural Policy, 2009:3

3 Alberta’s Historical Resources Act, Section 37.2

What is Mitigative Excavation?

Mitigative excavation is the process of digging an archaeological site that is threatened either by development or natural erosion. Mitigative excavations have different goals than academic excavations. The goal of mitigative excavations is is to save as much information about the site before it is destroyed, whereas in academic digs the goal is to answer specific questions about how people were using the site in the past.

When a planned development is in direct conflict with a significant archaeological site our normal first recommendation is for a project redesign in order to avoid impacting the site. When a project redesign is not a viable option a mitigative excavation might be required.

Before the excavation begins additional shovel testing may be required to ensure that the boundaries of the site have been confidently established and to identify the most important or valuable part of the site. Using what we have learned from the shovel testing we select areas for excavation blocks. We try to target the places where we’ll get the best return, in scientific information, for the investment of time. These excavation blocks are usually excavated in 1×1 m units. During the excavation layers of a predetermined depth are carefully removed. The sediment is screened and artifacts are collected. While excavating each layer is carefully described and locations of artifacts within the layer are recorded. Any changes in the soils or unusual staining is also described in detail. As each layer is removed photos are taken to further document the process. Once the unit is excavated to its final depth photos and drawings are taken of the unit walls. These photos and drawings will help us to understand the natural formation of the site area by studying the statigraphy. Looking at the layers of the soil can help us to determine if some artifacts in the site are older than others and can help us to understand how long or often the site was used by people in the past.

Mitigative excavations in Alberta typically do not involve excavation of the entire site as you might see in academic research excavations; instead archaeologists first consult with the developer and the government and excavate a sample of the site that focuses on the area of impact, and maximizes the information value of the dig.

Once the mitigative excavation is complete and the final report describing the project has been approved by the government the development will be allowed to proceed.

Mitigative excavations usually move along at a faster pace than academic excavations. This is related to time restrictions associated with development planning and budgetary concerns, as well as our focus on efficiency, and maximizing the return on investment. Academic excavations often take place over many field seasons but mitigative excavations have to be completed before the developer begins construction.

Mitigative excavation is our best tool to preserve archaeological heritage when avoidance isn’t an option, but it’s still a net loss in heritage value. Archaeological sites are non-renewable resources, once they have been destroyed, whether by excavation or development, no more information can be collected about the site.

HRV 4C – What Happens Now?

You have made a plan for a development and reviewed your plan against the Listing of Historic Resources. You’ve found that you have a conflict on your land parcel, it is listed with an HRV of 4C. What does that mean?

An HRV of 4C indicates that an historic resource site is located on that parcel of land, and that one or more First Nations groups have reported that the site is of cultural significance to them. These sites are usually Traditional Use Sites with a historic component, or spiritually significant or religious sites. Some examples include historic cabins or trails, community campsites, prayer trees or other spiritual sites, burials, cemeteries, rock art sites, and mission sites.

Before you can proceed you or your historic resource consultant must submit a Historic Resource Application through OPAC (the Online Permitting And Clearance system) to the Aboriginal Heritage Section of Alberta Culture & Tourism. Aboriginal Heritage will review the development plans against their confidential records of the site and determine whether impacts are likely. If impacts to the HRV 4C site are likely, Aboriginal Heritage will issue site-specific Consultation requirements.

This means you may have to Consult with the First Nations who have Listed the site. More than one group may have an interest in the site because of shared history and land use. Be sure to consult with all interested parties in this matter. Consulting with only one group on overlapping Listings is not sufficient. Alberta Culture will inform you if Consultation is required or not, and with which groups site specific Consultation is required (Listing of Historic Resources, Instructions for Use). It’s very important to understand that any Site-Specific Historic Resource Consultation requirements are separate from and in addition to any other standard Consultation requirements regarding Treaty rights and land use. You may have to go back to First Nations you’ve already Consulted about your project in general, and may have to Consult with different groups or individuals.

Whether you are required to Consult with First Nations groups or not, an HRV of 4C may also result in a requirement for an Historic Resources Impact Assessment. The fact that a specific historic resource has been identified within your land parcel does not mean that the rest of the area has been surveyed and that there is only the one site there. It only indicates that an historic resource site has been reported. An historic resources impact assessment requirement is likely because areas that are considered culturally significant today usually have been considered important for centuries, or millennia. Areas with an HRV of 4C have a high potential to contain additional historic resources such as archaeological sites.

You may be required to redesign your project to avoid the HRV 4C historic resources site. If the site can’t be avoided, mitigation may be required. Mitigation of archaeological and historic sites typically requires extensive shovel testing, detailed block excavations proportional to the percent of the site to be impacted and detailed mapping of the site. Mitigation of impacts to a Culturally Significant site would likely be site-specific, and determined in collaboration with the affected communities.

Our recommendation for HRV 4C conflicts is to identify them early, discuss them with communities in advance, avoid them at the planning stage.

If you don’t know where to start, or would like someone to help you Consult with First Nations contact Kurt or Madeline at 780-472-8878 or toll free at 1-866-873-3846 or email us at [email protected]. We are happy to help.

Index to Alberta Homestead Records 1870 to 1930

Many people are interested in researching their family history and genealogy. The Index to Alberta Homestead Records are an excellent place to start your research. The following blog will give instructions on how to use the Index. If you wish to learn what the homestead records are, or how they can help archaeologists, please check out our previous posts.

The Index to Alberta Homestead Records 1870 to 1930 was a project created for the 100th anniversary of Alberta joining the confederacy. The members of the Alberta Genealogical Society and friends created an all name index to the homestead files to help researchers. There are 686 reels of microfilm that contain homestead records from 1870 to 1930. With this index, the researchers would be pointed to the exact reel and file number. For more information on this project or the Alberta Genealogical Society please visit their website (http://www.abgenealogy.ca/).

You can search the homestead record index by different methods including surname, legal description, or place name. Once you have that information either visit the Alberta Genealogical Society’s website and under resources click on Alberta Homestead Index then search the index or click on the following link: http://www.abgenealogy.ca/ab-homestead-index-page.

If you are doing research on your own family history, you can search by surname. When we were conducting research on the cabin that we found near Peace River, we searched the area by the legal land description.

legal search

Once you fill in the information you have, the search results will automatically appear. You can see part of our results below.

Index search results

If you want to see the scanned microreel file of the homestead records, you will need to copy the film number and the file number. The film number for the homestead records only consists of numbers. The one we were searching for is circled in green. The red arrow is pointing to a different file type (grazing lease) and it consists of letters and numbers. Once you have the film and file number, go to https://archive.org/. In the search area type in Alberta homestead with the film number you wish to search for as we did below.archive search

The reel with your homestead record should pop up. Click on the link (where the red arrow is pointing).

reel results

Then you can download it in the format that you wish. Personally I prefer downloading it as a PDF.download

The next step is the longest part of the process. You will have to look though the reel until you find the file number associated with your previous search. This may take some time because reels can contain hundreds of files. As mentioned in the previous blog post, the file number is associated with a quarter section of land and the first page often contains the file number. If you searched by a person, you might find that the results will have multiple file numbers (maybe even on multiple reels), indicating claims on different sections.

If you are not able to do the research yourself, you are able to order the homestead records (or other research) from the Alberta Genealogical Society. Check out the following link for more information

http://www.abgenealogy.ca/content.php?nid=1550&mid=1155

The Alberta Homestead Index is a wonderful tool directing researchers to the required reel or reels. Before this index was created you can imagine how long it would take to search through all of the records. This is especially true when searching by surname since the only way to tell if someone tried to homestead multiple sections would have been to search though every single record. Thanks to the Alberta Genealogical Society this is no longer the case. Happy researching!

The Alberta Homestead Process

Homestead records are a valuable research tool for archaeologists, historians and for people researching their own family history or genealogy. If you want to see how homestead records can help archaeologists please read our previous blog post. Before I explain how to use these records, I will give a brief description of the homesteading process and what type of files you might find in the records.

In order to gain land under the Dominion Lands Act, people who wished to homestead had to apply at the local land agency office. These offices were under the Dominion Lands Branch in Ottawa. For a $10 filing fee, an applicant could apply to homestead a quarter section (160 acres). Once a quarter section was homesteaded for the first time it was given a file number. All documents related to that section of land were then filed under that number. As we saw in the previous blog post about the cabin we found near Peace River, multiple people might apply to homestead on one section.

The first page of the file for a quarter section typically looks just like this (see below). The number circled in red is the file number.

file number

After filing, the homesteader then had three years to ‘prove up‘ their homestead claim. The requirements changed over the years as did the requirements for eligibility of the applicants. If you did not complete the process in three years, you would have to ask for an extension. One file contained a statement of a homesteader asking for an extension because his neighbor (allegedly) killed his horses.

horses

Applicants typically had to be male, meet the age requirement, and be a British subject (or declare an intention to be one). The required duties were that the person had to occupy the land for a set amount of time and had to undertake certain improvements upon the land within three years. The improvements usually included the construction a house and fences, and breaking and cropping a portion of the land. If you “proved up” your homestead you could apply for a patent which would give you legal ownership of the land. There were special exemptions to these rules. For example in some cases widows could apply for patents upon the death of their husbands, or as in the case below their “mysterious disappearance”.

widow

For more information on the changes to the original Dominion Lands Act, check out this website:

http://www.saskarchives.com/collections/land-records/history-and-background-administration-land-saskatchewan/homesteading

The files normally include an application for homestead, an application for patent, and a notice that the patent has been issued.

The application for entry is the first form that was filled out when someone wanted to homestead a quarter section. This form would capture information about the applicant’s age, birthplace, last residence, prior occupation, and the number of people in the household.

Below is a picture of what the top half of an application for entry looks like. You can see that the file number is recorded on the page.

appplication for homestead

When we were researching the cabin near Peace River, the forms that we found were all application for entry. This usually indicates that the land was abandoned and wasn’t successfully homesteaded before 1930. After 1930 the homestead process changed as control of natural resources was transferred to the province.

The application for patent is the form that was filed to gain the patent (title) for the land. In order for the patent to be granted the applicant had to complete the required duties. These forms contained information about the applicant’s, age, occupation, nationality, number of people in the household, residency information, post office, as well as work they’d done like breaking, cropping, buildings, fencing, and livestock.

The notification of patent is the letter granting the patent (title to the land). It demonstrates that the applicant was successful and gained legal ownership of the land and it contains the date it was issued.

Sometimes the application was not for a homestead but for a pre-emption or a purchased homestead. A pre-emption allowed a homesteader to obtain a second quarter section of land next to their homestead entry. They had requirements that had to be fulfilled in addition to the requited duties of the homestead. Purchased homesteads were typically bought for $3 an acre. The accompanying files for both pre-emptions and purchased homestead are typically the same as those for the homestead applications.

The files can contain additional documents such as inspector’s reports, witness affidavits, records of abandonment, handwritten letters, court proceedings, wills, naturalization, and even poetry and pictures.

photo of poet

poem

The above images are of the poet and poem found in the same file. Although this is by far not what the typical file looks like, until you look at the file you will never know what type of information you can find! If you want to learn how to use the Alberta Homestead Index for research keep an eye out for our next blog post.