Attachment E-1 Inadvertent Discovery Plan~2.pdf

[Updated September 2024]

ARCHAEOLOGICAL AND HUMAN REMAINS INADVERTENT DISCOVERY PLAN (IDP) Project: Silver Falls State Park North and South Well Replacement Project Project Manager: Jason Brateng Landowner Agency: Oregon Parks and Recreation Department (OPRD) Date: March 9, 2026 OPRIS Project # 39450 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 identified 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 as 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) Archaeological Contractor Project Manager 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. 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.

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

3. Oregon State Police9 DO NOT CALL 91110 _________ (time) _________ (initials) 4. State Historic Preservation Office (SHPO) _________ (time) _________ (initials) 5. Commission on Indian Services (LCIS) _________ (time) _________ (initials) 6. Appropriate Native American Tribes11 _________ (time) _________ (initials) Name of Tribe(s) Contacted and Individual(s) contacted: ________________________________________________________________________________

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

Person Responsible Responsibility Construction contractor will… Notify the Project Manager Jason Brateng 503-428- 4024 and Park Manager: Jason Wagoner 503-931-0170 Jason Brateng or Jason Wagoner will…. Notify Valley Region Archaeologist Nancy Nelson 503-339-6713 Nancy Nelson will… Notify the State Agencies (OSP, LCIS, SHPO); In the event that Nancy Nelson is unavailable, Jason Wagoner will notify the agencies. Nancy Nelson will… Notify the Native American Tribes identified by LCIS; In the event that Nancy Nelson is unavailable, Jason Wagoner will notify the agencies. Jason Brateng will… Enforce the work stoppage and buffer 9 OSP will be responsible for contacting the county or state medical examiner’s office as appropriate.

10 Unless remains are clearly modern. 11 ALL Tribes designated by LCIS must be notified. Contacting one or some of the Tribes does not fulfill the obligation to notify.

D. CONTACT INFORMATION12

Agency Position/Contact Contact Information Project Manager Jason Brateng 503-428- 4024 Park Manager Jason Wagoner 503-931-0170 Agency Official Nancy Nelson, OPRD Valley Region Archaeologist 503-339-6713 Legislative Commission on 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, northern command13 800-442-0776 Secondary Contact: Dispatch, southern command14 800-442-2068

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 Confederated Tribes of Grand Ronde Briece Edwards, Deputy Tribal Historic Preservation Officer, Manager of Historic Preservation Office

503-879-2084 Confederated Tribes of Grand Ronde 503-879-1675

12 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) 13 Northern command: Benton, Clackamas, Clatsop, Columbia, Crook, Deschutes, Gilliam, Hood River, Jefferson, Klamath, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Sherman, Tillamook, Wasco, Washington, Wheeler, Yamhill 14 Southern command: Baker, Coos, Curry, Douglas, Grant, Harney, Jackson, Josephine, parts of Klamath, Lake, Malheur, Morrow, Umatilla, Union, and Wallowa

Chris Bailey, Cultural Protection Specialist Confederated Tribes of Siletz Indians Peter Sv-gvs (Black Bear Hatch), History & Archaeology Specialist 541-444-8319 PeterH@ctsi.nsn.us

Confederated Tribes of the Warm Springs Reservation of Oregon, Larry Squiemphen, Tribal Historic Preservation Officer lawrence.squiemphen@ctwsbnr.org

E. CONFIDENTIALITY The Silver Falls State Park North and South Well Replacement Project and employees 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 Oregon Parks and Recreation Department. 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 192.345(11)) establishes that the location of archaeological sites, both on land and underwater, shall be confidential.

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, funerary object(s), or sacred object

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 and NOT archaeological

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

Continue work stoppage and 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. Cross section of shell midden.

Beads

Figure 7. Dentalium shell beads (UOMNCH).

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

Fish Weirs

Figure 9. Wooden fish weir

Figure 10. Fishing weir.

Figure 11. Close up of fishing weir.

Culturally Modified Trees

Figure 12. Example of peeled pine.

Figure 13. Arborglyph on aspen tree

Historic Artifacts

Figure 14. Historical glass

Figure 15. Historical metal artifacts