Inadvertent_Discovery_Dairy_Restoration.pdf

U.S. Department of the Interior March 2023

Plan and Procedures for Inadvertent Discovery of Cultural Resources and Human Remains PSFR Parcel Acquisition Remediation Project Columbia Basin Project, Washington Columbia-Pacific Northwest Region

Mission Statements The Department of the Interior (DOI) conserves and manages the Nation’s natural resources and cultural heritage for the benefit and enjoyment of the American people, provides scientific and other information about natural resources and natural hazards to address societal challenges and create opportunities for the American people, and honors the Nation’s trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated island communities to help them prosper.

The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

Plan and Procedures for Inadvertent Discovery of Cultural Resources and Human Remains

PSFR Parcel Acquisition Remediation Project Columbia Basin Project, Washington Columbia-Pacific Northwest Region

Prepared for:

Bureau of Reclamation Columbia-Pacific Northwest Region Ephrata Field Office Ephrata, WA

Prepared by:

Marit Bovee, M.A., RPA Columbia-Cascades Area Office Archaeologist Columbia-Pacific Northwest Region Bureau of Reclamation Yakima, WA

Cover Page Photo: Overview of Crab Creek. Reclamation photo taken 2004.

Table of Contents Introduction

Project Description

Location

Cultural Compliance Summary

Area of Potential Effects Definition

Cultural Resource Stipulations

References Cited

Appendices

Appendix A: Inadvertent Discovery Plan

List of Figures

Figure 1. Project Location Overview Map

Introduction The U.S. Department of the Interior, Bureau of Reclamation (Reclamation) is proposing to complete remediation activities on Grant County Parcel #170934000 in preparation for use of the Crab Creek portion of the Potholes Supplemental Feed Route to carry irrigation water to the Potholes Reservoir.

This plan addresses Reclamation’s compliance responsibilities for the project under Section 106 of the National Historic Preservation Act (54 USC § 306108) and its implementing regulations for post-review discoveries (36 CFR § 800.13), the Native American Grave Protection and Repatriation Act (25 USC § 3001 et seq.) and its implementing regulations for inadvertent discoveries (43 CFR § 10.4). It summarizes cultural stipulations for the project and lays out steps that would be taken in the event cultural resources or human remains are found.

Project Description The proposed project includes remediation activities on Grant County Parcel #170934000.

Acquired in fee by Reclamation, the parcel was previously a working dairy. Proposed activities on the parcel are likely to include the remediation of the effluent lagoons and soil contamination, removal of septic systems and manure, building demolition, and revegetation. Additional information on proposed remediation activities in Reclamation’s Environmental Assessment for the project (Reclamation 2021).

Location The project area in this report is on land owned in fee by Reclamation within Grant County, Washington. The legal location is Township 20N, Range 28E, Section 15, covered by the Moses Lake North 7 ½ minute USGS quadrangles (Figure 1).

Cultural Compliance Summary

To comply with Section 106 of the National Historic Preservation Act (36 CFR 800), a field survey was undertaken by Historical Research Associates, Inc to identify historic properties within the project’s area of potential effect (APE). One built environment resource was identified during the survey, a manufactured home (Property ID #729842). The resource was evaluated as Not Eligible for the National Register of Historic Places (NRHP). No other cultural resources were encountered during the survey.

Based on the results of the field survey Reclamation determined that the undertaking would result in No Historic Properties Affected (per 36 CFR 800.4(d)(1). Letters sent to the consulting parties identified for this undertaking (Washington Department of Archaeology and Historic Preservation [DAHP], the Confederated Tribes and Bands of the Yakama Nation [YN], and Confederated Tribes of the Colville Reservation [CTCR]) on February 14, 2023. Concurrence was received on Reclamation’s defined APE and Finding of Effect from DAHP on February 15, 2023 and from the CTCR on February 23, 2023. No comments were received from the YN within the 30-day review period.

Area of Potential Effects Definition Reclamation defined the area of potential effects (APE) as the approximately 103 acres contained by Grant County Parcel 170934000. The block encompasses the proposed remediation and restoration activities. It includes the geographic area where the project may directly or indirectly affect historic properties.

Cultural Resource Stipulations As a result of identification efforts and subsequent consultation with DAHP and affected Tribes;

no further work is recommended. The agency recommends the project proceed with the following stipulations:

1- STANDARD CULTURAL AND PALEONTOLOGICAL RESOURCES

STIPULATION (36 CFR 800.13). The operator must immediately report to Reclamation’s authorized officer and Columbia-Cascades Area Office archaeologist any cultural and/or paleontological resource (historic or precontact site, object, human remains, funerary object, artifact, or fossil) discovered on the area of use by the operator, or any person working on their behalf. The operator must suspend all activities in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer in consultation with Washington State Historic Preservation Office and affected Tribes to determine appropriate actions to prevent the loss of significant cultural or scientific values. No further work shall be allowed on the project until consultation has been completed. See Appendix A for detailed procedures.

References Cited Thiel, Samantha, Kathryn Burk-Hise, and Morgan McKenna 2023 Cultural Resources Inventory for the Potholes Supplemental Feed Route Parcel

Acquisition Remediation Project, Grant County, Washington. Historical Research Associates, Inc: Spokane, WA. On file Department of Archaeology and Historic Preservation, Olympia, Washington.

U.S. Bureau of Reclamation (Reclamation) 2021 Acquisition of Grant County Parcel 170934000; Potholes Supplemental Feed Route

Environmental Assessment and Finding of No Significant Impact. Columbia-Cascades Area Office, Yakima, Washington.

Appendices

Appendix A: Inadvertent Discovery Plan

Figure 1. Project Location Overview Map.

Appendix A:

Plan and Procedures for the

Inadvertent Discovery of Cultural Resources and Human Remains

Project Title: PSFR Parcel Acquisition Remediation Project Location: Grant County, Washington Township 20N, Range 28E, Section 15

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:

Marit Bovee

307-460-0016 mbovee@usbr.gov mailto:mbovee@usbr.gov

STEP 3: Notify the Project Manager of this project:

Tom Appler 541-571-2238 tappler@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

Washington Department of Archaeology and Historic Preservation (DAHP).

mailto:tappler@usbr.gov

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

• 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 Confederated Tribes of the Colville Reservation Guy Moura Tribal Historic Preservation Officer

(509) 634-2695 guy.moura@colvilletribes.com

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 determine if the remains are human, whether the discovery site constitutes a crime scene, and will then notify DAHP.

mailto:guy.tasa@dahp.wa.gov mailto:rob.whitlam@dahp.wa.gov mailto:Jerry_Meninick@Yakama.gov mailto:guy.moura@colvilletribes.com

Grant County Coroner, Craig Morrison 1038 W Ivy, Suite 3 Moses Lake, WA 98837 Telephone: (509) 765-7601 Emergency Phone: (509) 762-1160 Email: cmorrison@co.grant.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:cmorrison@co.grant.wa.us