ATTACHMENT E-1

INADVERTENT DISCOVERY PLAN (IDP)

Cape Lookout State Park

Parkwide Improvements Project

This document outlines procedures and protocols to be followed if archaeological objects or features, or human remains are encountered in the course of work. These procedures are intended for circumstances where there is not an expectation or anticipation of encountering cultural resources or human remains. This is not a replacement for due diligence, robust project design, and consultation with appropriate Native American Tribes.1 Prior to undertaking project work, an assessment of the likelihood for disturbance to cultural resources and tribal heritage should be completed. All personnel will be briefed on all procedures and reporting structures before the start of any work.

CONTENTS OF THIS DOCUMENT

A. Procedures for archaeological features and materials

B. Procedures for human remains, burials, funerary objects, sacred objects, and objects of cultural patrimony

C. Roles and responsibilities

D. Contact information

E. Confidentiality statement

F. Procedure flow chart

G. Visual reference guide for archaeology and tribal heritage items

A. PROCEDURES FOR INADVERTENT DISCOVERY OF ARCHAEOLOGICAL FEATURES AND MATERIALS

(DOES NOT INCLUDE HUMAN REMAINS, BURIALS, FUNERARY OBJECTS, OBJECTS OF CULTURAL

PATRIMONY, OR SPIRITUAL OBJECTS)

It is expected that ALL artifacts, features, structural elements, and other cultural items that are identified will be reported to required project, agency, and Tribal contacts, and accounted for as soon as possible. It is understood that there will be a single project point of contact to coordinate with the project archaeologist, SHPO, LCIS, and appropriate Native American Tribes.

Step 1. Stop work (immediately after discovery)

1 Appropriate Native American Tribes will be designated by LCIS

If any person believes that they have located an archaeological object2 or site3, all work must stop immediately.

Discovery made in field _________(date/time) _________ (initials of discoverer)

Step 2. Secure and protect the area (within first hour after discovery)

Establish a minimum 30 meter/100-foot area of protection, or more if necessary, around the find(s). Exclude all vehicle traffic and non-essential foot traffic. Non-ground-disturbing work may continue outside of the area of protection with caution until the situation is assessed by a qualified archaeologist.4

Buffer established _________ (time) _________ (initials of person responsible)

Step 3. Notify (within first hour after discovery)

Notify the project manager, agency official (if applicable), and project archaeologist. If there is not an archaeologist on-site, or on retainer for the project, the project manager will contact an

Oregon Qualified Archaeologist (which include agency and Tribal archaeologists) to assess the find.

Project Manager contacted _________ (time) _________ (initials of contactor)

Agency Official contacted _________ (time) _________ (initials of contactor)

Project Archaeologist contacted _________ (time) _________ (initials of contactor)

Step 4. Identify and Follow Guidance (timeline variable, as soon as possible)

If the archaeologist determines the find is an archaeological feature or object, or other cultural item or feature, OR if no qualified archaeologist can be contacted within the first hour of discovery, the State Historic Preservation Office (SHPO) and appropriate Native American

Tribes must be contacted, and their guidance must be followed. SHPO, Native American

Tribes, and project and agency personnel will determine in consultation how or if work may continue at the site. If the discovery is determined to not be archaeological or a cultural item, you may continue work. This determination should be confirmed in writing to the project manager and agency official.

SHPO contacted _________ (time) _________ (initials of contactor)

2 “Archaeological object” means an object that is at least 75 years old (or 50 years if there is a federal nexus), is part of the physical record of an indigenous or other culture found in the state or waters of the state, and is material remains of past human life or activity that are of archaeological significance including, but not limited to, monuments, symbols, tools, facilities, technological by-products and dietary by-products (ORS 358.905).

3 “Archaeological site” means a geographic locality in Oregon that contains archaeological objects and the contextual associations of the archaeological objects with each other or biotic or geological remains or deposits (ORS 358.905).

4 Ground-disturbing work on different landforms distant from the find and outside of the buffer may continue.

Appropriate Native American Tribes5 _________ (time) _________ (initials of contactor)

B. PROCEDURES FOR INADVERTENT DISCOVERY OF HUMAN REMAINS

(INCLUDES HUMAN REMAINS, BURIALS, FUNERARY OBJECTS, OBJECTS OF CULTURAL PATRIMONY, AND SPIRITUAL OBJECTS)

It is expected that ALL potential human remains, burials, funerary objects, or objects of cultural patrimony that are identified will be reported and accounted for within 3 hours of discovery.6 It is understood that there will be a single project point of contact to coordinate with the project archaeologist, SHPO, LCIS, OSP and appropriate Native American Tribes.

Step 1: Stop work (immediately after discovery)

If any person believes that they have located human remains7, ALL work will stop immediately.

Any human remains, regardless of antiquity or ethnic origin, will always be treated with dignity and respect.

Step 2. Secure and protect the area (as soon as possible, within c. 10 min)

Secure and protect the area of inadvertent discovery with a minimum of 100 meter/300 foot buffer, or more if necessary. The location and other information about the find should be treated as confidential and shared on a need to know basis only. Prevent all vehicle traffic and unauthorized foot traffic from entry. Block remains from view and protect them from damage or exposure without touching or disturbing the remains, and leave them in place.

Do not take photographs unless approved by the appropriate Native American Tribes and

Oregon Legislative Commission on Indian Services (LCIS), and only for the purpose of identification. Do not speak to the media or public or post any information about the find on social media. Non-ground-disturbing work may continue outside of the buffer with caution.8

Buffer established _________ (time) _________ (initials of person responsible)

Step 3. Notify (within first hour after discovery) – see contact list below (section D)

1. Project Manager _________ (time) _________ (initials)

2. Agency Official _________ (time) _________ (initials)

3. Oregon State Police9 DO NOT CALL 911 _________ (time) _________ (initials)

5 ALL Tribes designated by LCIS must be notified. Contacting one or some of the Tribes does not fulfill the obligation to notify.

6 Modifications to reporting timelines can be made in consultation with SHPO and Tribes.

7 Bone may be fragmented, weathered, or otherwise modified to make it difficult to identify, so when in doubt, stop work and call it in.

8 Ground-disturbing work on different landforms distant from the find and outside of the buffer may continue.

9 OSP will be responsible for contacting the county or state medical examiner’s office as appropriate.

4. State Historic Preservation Office (SHPO) _________ (time) _________ (initials)

5. Commission on Indian Services (LCIS) _________ (time) _________ (initials)

6. Appropriate Native American Tribes10 _________ (time) _________ (initials)

Name of Tribe(s) Contacted and Individual(s):

Step 4. Follow guidance (timeline variable, may be up to several days)

If the site is determined not to be a crime scene by the Oregon State Police, do not move anything! The remains will continue to be secured in place along with any associated funerary objects, and protected from weather, water runoff, and shielded from view. Follow all guidance provided by OSP, LCIS, SHPO, and appropriate Native American Tribes.

Continue to maintain the work stoppage within the buffer until a plan is developed and carried out between the Oregon State Police, SHPO, LCIS, and appropriate Native American Tribes and you are directed in writing by the project manager that work may proceed.

C. ROLES AND RESPONSIBILITIES

Responsibility Person Responsible

Notify Project Manager Contractor/Park Staff

Notify Park Manager/OPRD Archaeologist Darrell Monk

Notify Contracted Archaeologist

Stacy Scott Notify State Agencies (OSP, LCIS, SHPO)

Notify Native American Tribes

Enforce work stoppage and buffer Jason Elkins/Darrell Monk

D. CONTACT INFORMATION11

Agency Position/Contact Contact Information

Project Manager Darrell Monk 503-298-1879

Park Manager Jason Elkins 503-884-6195

10 ALL Tribes designated by LCIS must be notified. Contacting one or some of the Tribes does not fulfill the obligation to notify.

11 ***Contact information should be regularly updated for all individuals. Up to date contacts for LCIS, OSP, SHPO, and Native American Tribes can be found on the LCIS cultural resources page: Commission on

Indian Services archaeology (oregonlegislature.gov) https://www.oregonlegislature.gov/cis/Pages/archaeology.aspx https://www.oregonlegislature.gov/cis/Pages/archaeology.aspx

Coast Region

Archaeologist Stacy Scott 503-931-3153

Legislative

Commission in

Indian Services

(LCIS)

Primary Contact: Dr. Elissa Bullion, State Physical Anthropologist 971-707-1372

Secondary Contact: LCIS Office 503-986-1067

Oregon State Police

(OSP)

Primary Contact: Sgt. Ryan Tague 541-576-4393

Secondary Contact: Dispatch 503-731-3030

State Historic

Preservation Office

(SHPO)

Primary Contact: John Pouley, State

Archaeologist 503-480-9164

Secondary Contact: Jamie French, Asst.

State Archaeologist 503-979-7580

Native American

Tribes

Peter Hatch – Siletz Tribe PeterH@ctsi.nsn.us

(503) 884-6195

Buddy Lane- Siletz Tribe BuddyL@ctsi.nsn.us

(541) 444-8230

Briece Edwards- Conf Tribes of Grand Ronde briece.edwards@grandronde.org

(503) 879-2084

E. CONFIDENTIALITY

OPRD employee and contractors shall make their best efforts, in accordance with federal and state law, to ensure that its personnel and contractors keep the discovery 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 OPRD. Photos shall not be taken except for when authorized by LCIS, SHPO, and Native American Tribes for identification purposes, and no photos will be circulated publicly or on social media. 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

(Section 304 [16 U.S.C. 470s-3]), and Oregon State law (ORS 192.501(11)) establishes that the location of archaeological sites, both on land and underwater, shall be confidential.

mailto:PeterH@ctsi.nsn.us mailto:BuddyL@ctsi.nsn.us mailto:briece.edwards@grandronde.org

F. PROCEDURE FLOW CHART

There is an unanticipated find during work

Stop all ground disturbing work and protect the find

The find is potentially human remains, a burial, or funerary object(s)

Notify:

1. Project and Agency Contacts

2. State Contacts (OSP, LCIS, SHPO)

3. All Appropriate Tribes

The context is NOT a crime scene and human remains are present

Continue work stoppage and buffer

The context is a crime scene

Follow law enforcement guidance

The find is NOT human remains

Work may continue

The find is potentially an archaeological feature or object(s)

Notify:

1. Project and Agency Contacts

2. Project/OR Qualified Archaeologist

The find is archaeological

Notify:

2. State Contacts

(SHPO)

3. All Appropriate

Tribes

The find is NOT archaeological

Work may continue

G. Visual Reference Guide for Archaeology in Oregon (Modify based on region/context)

Lithics and stone tools

Figure 1. Stone flakes

Figure 2. Stone projectile points

Figure 3. Ground stone tools: (left) pestle, (right) net weights, Basketry/Cordage

Figure 4. Open diagonal twine basket fragments from Fort Rock Cave (UOMNCH).

Figure 5. Three-strand braid, sagebrush bark from Paisley Caves (UOMNCH).

Shell Middens

Figure 6.

Beads

Figure 7. Dentalium shell beads (UOMNCH).

Figure 8. Glass trade beads, Upper Columbia River (UOMNCH).

Fish Weirs

Figure 9. Wooden fish weir (Scott Byram, 2010)

Figure 10. Stone fish weir (Brown and Brown, 2009)

Culturally Modified Trees

Figure 11. Example of peeled pine.

Figure 12. Arborglyph on aspen tree

Historic Artifacts

Figure 13. Historical glass

Figure 14. Historical metal artifacts