J_3_D_Inadvertent_Discovery_Plan_0001.pdf

Appendix A:

Plan and Procedures for the

Inadvertent Discovery of Cultural Resources and Human Remains

Project Title: Clear Creek Dam Fish Passage Location: Yakima County, Washington Township 13N, Range 12E, Section 11-12

1. INTRODUCTION

The following Inadvertent Discovery Plan (IDP) outlines procedures to perform in the event of discovering archaeological materials or human remains, in accordance with federal and state laws.

2. RECOGNIZING CULTURAL RESOURCES

Archaeology can be found during any ground-disturbing activity. A cultural resource discovery can include evidence or remnants of historic-era and/or precontact activities by humans.

Examples include:

a. An accumulation of shell, burned rocks, or other food related materials.

b. Bones or small pieces of bone.

c. An area of charcoal or very dark stained soil with artifacts.

d. Stone tools or waste flakes (i.e. an arrowhead or stone chips).

e. Clusters of tin cans or bottles, wood pipes, agricultural equipment that appears to be older than 50 years.

When in doubt, assume the material is a cultural resource.

3. ON-SITE RESPONSIBILITIES

STEP 1: Stop Work. If any employee, contractor or subcontractor believes that he or she has uncovered a cultural resource at any point in the project, all work must stop immediately. Notify the appropriate party(s). Leave the surrounding area untouched, and provide a demarcation adequate to provide the total security, protection, and integrity of the discovery. The discovery location may be secured by a temporary fence or other onsite security.

STEP 2: Notify the Bureau of Reclamation, Columbia-Cascades Area Office Archaeologist:

Mary Velazquez 509-573-8000 mvelazquez@usbr.gov mailto:mbovee@usbr.gov

STEP 3: Notify the Project Manager of this project:

Clint Wertz 509-573-8004 cwertz@usbr.gov

The CCAO Archaeologist, Project Manager, or applicable staff will make all calls and necessary notifications. If human remains are encountered, treat them with dignity and respect at all times. Cover the remains with a tarp or other materials (not soil or rocks) for temporary protection and to shield them from being photographed. Do not call 911 or speak with the media. Do not take pictures unless directed to do so by the CCAO Archaeologist or DAHP. See Section 5.

4. FURTHER CONTACTS AND CONSULTATION

A. Project Manager’s Responsibilities:

• Protect Find: The Project Manager is responsible for taking appropriate steps to protect the discovery site. All work will stop immediately in a surrounding area adequate to provide for the complete security of location, protection, and integrity of the resource (minimum 30 meter/100 foot buffer). Vehicles, equipment, and unauthorized personnel will not be permitted to traverse the discovery site. Work in the immediate area will not resume until treatment of the discovery has been completed following provisions for treating archaeological/cultural material as set forth in this document.

• Direct Construction Elsewhere On-Site: The Project Manager may direct construction away from cultural resources to work in other areas prior to contacting the concerned parties.

B. Senior Staff Responsibilities:

• Identify Find: The CCAO Archaeologist or contract archaeologist will ensure that a qualified professional archaeologist examines the area to determine if there is an archaeological find.

o If it is determined not to be of archaeological, historical, or human remains, work may proceed with no further delay.

o If it is determined to be an archaeological find, the CCAO Archaeologist or a designee will continue with all notifications.

o If the find may be human remains or funerary objects, CCAO

Archaeologist or designee will ensure that a qualified physical anthropologist examines the find. If it is determined to be human remains, the procedure described in Section 5 will be followed.

• Notify DAHP: The CCAO Archaeologist or designee will contact the mailto:cwertz@usbr.gov

Washington Department of Archaeology and Historic Preservation (DAHP) and US Forest Service.

Department of Archaeology and Historic Preservation:

Guy Tasa State Physical Anthropologist

(360) 790-1633 guy.tasa@dahp.wa.gov

Rob Whitlam, Ph.D.

State Archaeologist

(360) 890-2615 rob.whitlam@dahp.wa.gov

USDA, Okanogan-Wenatchee National Forest:

TBD

Heritage Program Manager

Anna Jannson South Zone Archaeologist

(509) 852-1032 anna.jannson@usda.gov

• Notify Tribes: The CCAO Archaeologist or designee will contact the interested and affected Tribes.

Tribe consulted on this project is:

Confederated Tribes and Bands of the Yakama Nation Jerry Meninick Deputy Director, Cultural Resource Program (509)865-5151 x 6007 Jerry_Meninick@Yakama.gov

5. SPECIAL PROCEDURES FOR THE DISCOVERY OF HUMAN SKELETAL

MATERIAL

Any human skeletal remains, regardless of antiquity or ethnic origin, will at all times be treated with dignity and respect. Do not take photographs by any means, unless you are pre-approved to do so.

The provisions of the Native American Graves Protection and Repatriation Act of 1990 apply on federal lands associated with this project, and the Bureau of Reclamation will follow its provisions.

If a discovery occurs on the non-federal land of the project, the Project Manager will comply with applicable state and federal laws, and the following procedure:

A. In all cases you must notify a law enforcement agency or Medical

Examiner/Coroner’s Office:

In addition to the actions described in Sections 3 and 4, the Project Manager will immediately notify the local law enforcement agency. Do not call 911.

The Medical Examiner/Coroner (with assistance of law enforcement personnel) will mailto:guy.tasa@dahp.wa.gov mailto:rob.whitlam@dahp.wa.gov mailto:anna.jannson@usda.gov mailto:anna.jannson@usda.gov mailto:Jerry_Meninick@Yakama.gov determine if the remains are human, whether the discovery site constitutes a crime scene, and will then notify DAHP.

Yakima County Coroner, Jim Curtice 128 N 2nd Street Yakima, WA 98902 Telephone: (509)574-1610 Email: jim.curtice@co.yakima.wa.us

B. Jurisdiction on Private Lands:

Per RCW 27.44.055, RCW 68.50, and RCW 68.60, DAHP will have jurisdiction over non-forensic human remains discovered on private lands associated with this project.

C. Further Activities on Private Lands:

• Documentation of human skeletal remains and funerary objects will be agreed upon through the consultation process described in RCW 27.44.055, RCW 68.50, and RCW 68.60.

• When consultation and documentation activities are complete, construction in the discovery area may resume as described in Section 7.

6. CONFIDENTIALITY

All personnel shall make their best efforts, in accordance with federal and state law, to ensure that the discovery is kept confidential. The media, or any third-party member or members of the public are not to be contacted or have information regarding the discovery, and any public or media inquiry is to be reported to Bureau of Reclamation. Prior to any release, the responsible agencies and Tribes shall concur on the amount of information, if any, to be released to the public.

To protect fragile, vulnerable, or threatened sites, the National Historic Preservation Act, as amended (54 U.S.C. 307103) establishes that the location of archaeological sites, both on land and underwater, shall be confidential.

7. PROCEEDING WITH WORK

Work outside the discovery location may continue while documentation and assessment of the cultural resources proceed. A professional archaeologist must determine the boundaries of the discovery location. Section 106 consultation and associated federal laws will make the final determinations about treatment and documentation.

Work may continue at the discovery location only after compliance with state and federal law is complete.

mailto:jim.curtice@co.yakima.wa.us