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Unanticipated Discovery Plan
Rare Element Resources Bear Lodge Project
Crook County, Wyoming
This document represents a proposed Unanticipated Discovery Plan (Plan) for the
evaluation and treatment of previously unknown or unexpected discoveries of cultural
resources that may be encountered during the exploratory or construction phase of the
Rare Element Resources (RER) Bear Lodge Project in Crook County, Wyoming. The
implementation of this Plan is dependent on agency review and approval or the creation
of a Programmatic Agreement.
The objectives of the Plan are to 1) protect existing and known archaeological sites and
historic properties in the vicinity of proposed ground disturbing activities; 2) establish
procedures (pursuant to 36 CFR 800.13) to be implemented should previously
unidentified archaeological sites that appear to meet one or more National Register
criteria be encountered during ground disturbing activities (herein a “discovery”); and 3)
set forth a plan of action that conforms with the Native American Graves Protection Act
(NAGPRA) for discoveries of human remains or items of cultural patrimony. Actions
following the inadvertent discovery of cultural material during project construction are
guided by the 36 CFR 800 regulations for Unanticipated Discoveries (36 CFR 800.13).
Regulations for the protection of cultural resources on public land include 36 CFR 800.13
and the Archeological Resource Protection Act (ARPA) codified at 43 CFR 7 and the
American Graves Protection and Repatriation Act (NAGPRA) codified at 43 CFR 10 that
protects Native American funerary items and/or physical remains. In addition, ARPA
provides for the assessment of criminal and/or civil penalties for damaging cultural
resources, human remains, items of cultural patrimony, and sacred objects or funerary
items. Other regulations that would affect unanticipated discoveries include Section 106
of the National Historic Preservation Act (as amended) and the implementing regulations
of the Advisory Council on Historic Preservation (36 CFR Part 800, Protection of
Historic Properties), Antiquities Act of 1906, and the National Environmental Policy Act
of 1969. In addition to federal laws, various state antiquities laws may also be relevant
including the Wyoming Antiquities Act (Wyoming State Lands Title 36 [36-1-114 –
116]). Discovery of human remains could potential fall under Wyoming State Lands
Title 7 Chapter 4 regulating the duties of County Coroners.
The following procedures are proposed and will require possible approval with a
programmatic agreement.
Protection of Known Archaeological Sites
In September 2011, Western Cultural Resource Management, Inc. (WCRM) conducted a Class III
cultural resource inventory of approximately 22.6 acres of privately held lands, lands
administered by the United States Department of Agriculture (USDA) Forest Service (FS)-
Bearlodge Ranger District (BRD), and the State of Wyoming. WRCM conducted the Class III
inventories for the baseline environmental monitoring component of the Bear Lodge Project.
The Class III cultural resource inventory resulted in the identification and documentation of two
previously recorded archaeological sites and one isolated resource. Both of the archaeological
sites are recommended as eligible to the NRHP.
