FOREST SERVICE MANUAL PACIFIC NORTHWEST REGION (REGION 6) PORTLAND, OREGON

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FOREST SERVICE MANUAL

PACIFIC NORTHWEST REGION (REGION 6)

PORTLAND, OREGON

FSM 1500 – EXTERNAL RELATIONS

CHAPTER 1530

– INTERDEPARTMENTAL

W-W Supplement No.: 1500-2007-2

Effective Date: July 12, 2007

Duration: This supplement is effective until superseded or removed.

Approved: STEVEN A. ELLIS Date Approved: 07/12/2007

Forest Supervisor

Posting Instructions: Supplements are numbered consecutively by title and calendar year.

Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this title was WW FSM-

1500-93-1 to FSM 1500.

New Document

Superseded Document(s) by Issuance Number and

1500-2007-2

1500-2007-1

3 Pages

3 Pages

Effective Date

Digest

1530-Provides policy on inadvertent discovery of human remains on the Wallowa-Whitman NF.

R6/PNW SUPPLEMENT FSM-1530-2007-1

EFFECTIVE DATE: April 11, 2007

DURATION: This supplement is effective until superseded or removed.

FSM 1500 – EXTERNAL RELATIONS

CHAPTER 1530 INTERDEPARTMENTAL

1530

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1530 - Policy on Inadvertent Discovery of Human Remains

Procedural Authorities:

43 CFR 10.4 Inadvertent discoveries

43 CFR 10.5 Consultation

43 CFR 10.6 Procedural Authority

Discovery and Notification:

In the event that a human burial or human remains, funerary objects, sacred objects or objects of cultural patrimony, are encountered in any Forest project activity, all disturbance within or near the discovery area will cease and the local Forest Service law enforcement officer or Patrol

Captain and the Forest or Zone Archæologist will be contacted as soon as practical. If Forest

Service law enforcement personnel are not available, the local Sheriff’s Office will be notified.

The area will be secured and protected, and activities in the vicinity of the discovery will not recommence until clearance is given by the Forest Archæologist. All procedures will follow the

Native American Graves Protection and Repatriation Act (NAGPRA) implementing regulations

43 CFR 10.4 Inadvertent discoveries .

Law enforcement personnel will contact the appropriate county coroner, medical examiner, forensic experts, or physical anthropologist to determine if the remains are human. If they are, a determination will be made as to whether the remains are modern or ancient and, if they fall under the jurisdiction of law enforcement, a determination of whether the remains are Native

American or not will be made. The examinations necessary to make these determinations will be as non-disturbing as is technically possible and limited to non-destructive observational analysis.

Consultation:

If the remains are determined to be Native American, those Tribes with cultural affiliations in the area will be notified immediately. This notification will include appropriate Tribal governing authorities, cultural resources staff, and or Tribal Historic Preservation Officers. The appropriate

State Historic Preservation Office (SHPO) will also be notified. All procedures will follow

NAGPRA implementing regulation 43 CFR 10.5 Consultation .

Security/Protection of Remains:

The area will remain secured until affiliated Tribal authorities can be consulted on the appropriate procedures for properly handling the remains and any associated or unassociated funerary objects or artifacts.

Reburial/Relocation:

If at all possible, without further disturbance, human remains and associated or unassociated funerary objects or artifacts will remain in their original context or re-interred to the location from which they came, in consultation with representatives of the affiliated Tribes.

R6/PNW SUPPLEMENT FSM-1530-2007-1

EFFECTIVE DATE: April 11, 2007

DURATION: This supplement is effective until superseded or removed.

FSM 1500 – EXTERNAL RELATIONS

CHAPTER 1530 INTERDEPARTMENTAL

1530

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Should preservation in situ not be feasible, alternative protective or mitigation measures will be developed in consultation with the affiliated Tribes and the appropriate SHPO. If there is not agreement on disposition of the remains by affiliated Tribes, the Forest will turn control of the remains over to the closest culturally affiliated tribe, when a sufficient amount of evidence allows such determination. Procedural Authority.

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