Attachment__4_-_CA_IDP_PixleyRecirc.pdf

Procedures for Inadvertent Archaeological Discoveries

Pixley National Wildlife Refuge Unit 1 Recirculation Pump and Pipeline Project, Tulare County, California

Purpose: To outline procedures for the inadvertent discovery of human remains or significant cultural resources if discovered during implementation of the Subject Project.

Project: Pixley NWR staff propose to install a diesel-powered pump station at the northwest corner of Unit 1, which is the lowest topographical point of the wetlands. The pump would be sited at the top of the levee. A 12-or 15-inch polyvinyl chloride pipeline from the pump station would be A) buried approximately 3 to 4 feet deep down to existing grade along the base of an existing levee to avoid excavating into native soil, or B) excavated 3 to 4 feet deep below grade into native soil. The new pipeline would be tied into an existing buried 15-inch pipeline, permitting the Refuge to use existing water infrastructure for distribution. Access to and from the project location will be using existing gravel and levee roads.

Authorities that may be applicable:

State – California Environmental Quality Act CEQA); California Administrative Code, Title 14, Section 4307;

California Code of Regulations, Section 1427; California Health and Safety Code, Section 7050.5;

California Public Resources Code, Section 5097.9.

Federal – Antiquities Act of 1906 (16 U.S.C. 431-433) (on federal lands) Archaeological and Historic Preservation Act of 1974 [(16 U.S.C. § 469-469c) AHPA];

National Historic Preservation Act of 1966, as amended [(16 U.S.C. § 470 et seq.) NHPA];

Archaeological Resources Protection Act of 1979, as amended [(16 U.S.C. § 470aa-470mm) ARPA] (on federal or tribal lands) Native American Graves Protection and Repatriation Act of 1990 [(25 U.S.C. 3001-3013) NAGPRA] (on federal or tribal lands)

Procedures: The following procedures for handling inadvertent archaeological discoveries shall be adopted for all phases and aspects of work carried out by any contractor on the Project. USFWS project staff shall communicate these procedures to contractors prior to project implementation, whose superintendent shall then notify all crew members through safety briefings, tailboard meetings, or other appropriate venues. The intent is to avoid or minimize direct or indirect impacts to cultural and archaeological resources.

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Margo Schwadron, Regional Historic Preservation Officer

Region 1 and Region 8 Branch of Cultural Resources 20555 SW Gerda Lane

Sherwood, Oregon 97140 Phone: (512) 757-6363 fax: (503) 625-4887

Email: margo_schwadron@fws.gov

In Reply Refer to: FWS/R1/R8

1. General Procedures USFWS shall designate at least two Points of Contact (POC) for inadvertent archaeological discoveries, who shall be contacted immediately upon the unearthing of prehistoric or historic cultural materials, including Native American remains and /or grave goods. The POC shall be an individual who is qualified to make a rapid assessment of the potential significance of any find, assist in the notification and consultation with other appropriate parties, and develop and implement a Plan of Action in consultation with those parties.

2. Specific Procedures

a. Ground-disturbing activities shall immediately cease in the vicinity when human remains or potentially significant archaeological materials are discovered. Examples include, but are not limited to:

(a) concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chert, obsidian, or glass arrow points and other flaked tools, milling slabs, mortars, and other groundstone tools, (b) culturally altered ash-stained midden soils or shell middens associated with pre-contact Native American habitation sites, (c) concentrations of fire-altered rock and/or burned or charred organic materials, and

(d) historic structure remains such as stone-lined building foundations, wells or privy pits. Additional examples are provided at the end of this document.

b. An "exclusion zone" where unauthorized equipment and personnel are not permitted shall be established (e.g., cordoned/taped off) around the discovery area plus a 30-meter buffer zone by the contractor’s superintendent or authorized representative, or the party who made the discovery and initiated these Procedures. Ground-disturbing project activities may continue in other areas that are outside the exclusion zone.

c. The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by USFWS if considered necessary to prevent further disturbances.

d. The contractor’s superintendent, an authorized representative, or the party who made the discovery and initiated these procedures, shall be responsible for immediately contacting by telephone:

1) Margo Schwadron, USFWS Regional Archaeologist: (512) 757-6363 (office)

2) Jeremy Foin, USFWS Zone Archaeologist: (971) 442-6153 (mobile)

3) Miguel Jimenez, Project Leader, Pixley NWR: (661) 725-2767 (office)

4) (if necessary) Robert Fitzgerald, OHP Associate State Archaeologist: (916) 894-5496

e. In cases where a known or suspected human burial or skeletal remains are uncovered, the contractor’s superintendent, an authorized representative, or party who made the discovery and initiated these procedures, shall also notify:

1) Appropriate County Coroner/Medical Examiner, local law enforcement, and appropriate tribes as described at https://nahc.ca.gov/tools/discovery-of-human-remains/. Contact information is included in this document. Efforts have been made to ensure the contact information is accurate, but additional research may be required.

2) If human remains are encountered, do not disturb them in any way. Do not call 911. Do not take photos. Do not speak with the media. Ensure that the location is secured. Work shall not resume within the exclusion zone of the discovery until all parties involved agree upon a course of action.

See below for additional policies and procedures (3a-c).

f. Ground-disturbing project work within the exclusion zone of the discovery locality shall be suspended temporarily while USFWS, consulting archaeologists, Tribes, and SHPO staff consult to evaluate the significance of the find, and if determined eligible for the NRHP, to develop measures to mitigate adverse effects and arrange for disposition of any archaeological materials removed during the investigations.

g. USFWS employees and agents, including contractors, shall be obligated to protect significant cultural resource discoveries and may be subject to prosecution if applicable State or Federal laws are violated.

In no event shall unauthorized persons collect artifacts or human remains.

h. Any and all inadvertent discoveries shall be considered strictly confidential, with information about their location and nature being disclosed only to those with a demonstrated legitimate need. USFWS representatives shall coordinate the response to any requests by, or contact with, the media about a discovery.

3. Inadvertent Discovery of Native American Remains

a. In addition to the steps above, the following policies and procedures for treatment and disposition of inadvertently discovered Native American remains shall apply:

b. Discovery of Native American remains is a very sensitive issue and constitutes a serious concern to affiliated Native Americans. If human remains are encountered, they shall be treated with dignity and respect. Information about such a discovery shall be held in confidence by all project personnel on a need-to-know basis. The rights of Native Americans, to the extent permitted by State and Federal laws, to practice ceremonial observances on sites, in labs, and around artifacts, shall be upheld.

c. To facilitate application of this section, a description of what constitutes burial items, funerary objects, sacred objects, and items of cultural patrimony may be provided by the tribe(s) to the POCs and archaeologist providing assessment of discoveries. Information may be provided in a manner of the Tribes’ choosing. Oral presentation is acceptable. Specific contacts and traditional religious leaders may be designated by Tribal Chairs.

4. Documenting Inadvertent Archaeological Discoveries

a. The party who made the discovery and initiated these procedures shall make written notes and digital photographs available (of cultural materials observed excluding human remains and burial pits, which should not be photographed without explicit tribal permission), describing the date, time, location and nature of the discovery; the date and time each party was informed about the discovery; and when and how security measures were implemented. Photography of Native American remains shall not occur without specific permission by the tribal representatives.

b. USFWS shall prepare or authorize the preparation of a summary report which shall include the time and nature of the discovery; which parties were notified, and when; outcome of consultations with appropriate agencies and Native American representatives; and final disposition of any collected archaeological specimens.

c. The contractor’s superintendent or authorized representative shall record how the discovery downtime affected the immediate and near-term contracted work schedule, for purposes of negotiating contract changes where applicable.

d. Consulting archaeologists and Native American representatives, if applicable, shall maintain daily field notes on the inadvertent discovery.

e. A Plan of Action and corresponding archaeological evaluation and data recovery reports shall be authored by professionals who meet the Federal criteria for Principal Investigator Archaeologist and reference the Secretary of the Interior's Standards and Guidelines for Archaeological Documentation

(48 FR 44734-44737).

Tribal Contacts Tule River Indian Tribe Ms. Kerri Vera Kerri.vera@tulerivertribe-nsn.gov

Project Contact Miguel Jimenez, Project Leader, Kern NWR

(661) 725-2767 Miguel_jimenez@fws.gov

FWS Contacts Margo Schwadron, Regional Archaeologist Cultural Resources Team

(971) 385-7518 (mobile) margo_schwadron@fws.gov

Jeremy Foin, Zone Archaeologist Cultural Resources Team

(916) 442-6153 (mobile) jeremy_foin@fws.gov

SHPO Contact Robert Fitzgerald, Associate State Archaeologist

(916) 894-5496 Robert.Fitzgerald@parks.ca.gov

Kern County Sheriff’s Office Mike Boudreaux, Sheriff–Coroner

(559) 685-2593 (Coroner’s Division)

Native American Heritage Commission M.E. will be contacted if human remains are believed to be of Native American origin https://nahc.ca.gov/tools/discovery-of-human-remains/ 916-373-3710 (main)

EXAMPLES OF CULTURAL RESOURCES THAT MAY BE

ENCOUNTERED INCLUDE, BUT ARE NOT LIMITED TO:

Pre-Contact Features/artifacts

• Flaked and ground stone artifacts, both complete and fragmentary (projectile points, scrapers, utilized flakes, blades, lithic cores, hammerstones, milling slabs, mortars, pestles)

• Bedrock mortars, cupules

• Large stone implements (e.g., milling slabs, mortars)

• Fire pits/hearths—reddened/burnt stone clusters with charcoal and/or reddened or very dark soil

• Shell middens—diffuse to dense layers of oyster, clam, scallop, etc.

• Chipping stations—dense layers of debitage from flaked stone tool production

• Burial pits (darkened soil, grave goods such as shell beads, flaked and groundstone tools, ochre) and/or human remains

• Hard-packed floors, post molds and post holes, indicative of dwellings

• Stacked stone structures (e.g., weirs, cairns or hunting blinds)

Historic Features/artifacts

• Wooden pylons, planking, flooring with and without nails, hinges, etc.

• Building foundations

• Stone (fieldstone, cut granite, rubble) walls and flooring - both dry-laid, and mortared

• Brick walls and flooring - with and without mortar or other adhesive materials

• Concrete walls and flooring—verify aggregate and reinforcement materials for age

• Privies, cisterns, wells, trash pits—dense layers of bottles, dishes, animal bones, and other household items in dark, greasy organic soil, with or without stone/brick/concrete lining

• Large iron or other metal objects, including mining equipment and farm implements (e.g., hoes, rakes, plows, iron pipe, dragline cables).

• Mining features (prospect pits, tailings piles, arrastra stones, shafts, adits, ditches, canals)

• Transportation-related objects—wheels, tracks, trolley supports

• Gravestones, marked granite, slate pieces, coffin remnants and hardware

• Cannons, cannonballs, ordnance

• Non-human skeletal remains – discrete deposits/concentrations of non-human skeletal material that is indicative of human occupation, i.e., trash deposits of food waste, etc.

• Human remains