Common use of Archaeological Resources Clause in Contracts

Archaeological Resources. A. Walla Walla VAMC will avoid, protect, and evaluate known archaeological sites, to include those whose boundaries are not completely understood. Walla Walla VAMC will ensure that construction drawings for current and future Undertaking activities will clearly identify no work zones around the sites as currently recorded and the addition of a 10-meter buffer. On the ground, the no-work zone will be marked by stakes and a silt fence; photo documentation will be provided to the signatory parties. B. To create a permanent record, the current condition of sites 45WW304, 45WW305, 45WW330 and 45WW331 which were damaged during construction activities listed in the 2010 MOA, will be documented. 1. All parties are to agree upon who conducts the damage assessment, the scope of work for the assessment, and the agreed upon mitigation package scaled to the amount of damage. 2. At minimum, damage assessments will include completion of archaeological site forms, artifact analysis (if applicable), GPS data collection, and full evaluations for individual eligibility to the NRHP and/or as contributing elements to the Fort Walla Walla Historic District. C. In consultation with DAHP and other Consulting Parties, Walla Walla VAMC will develop a Site Treatment and Management Plan addressing the future care of archaeological sites. The plan will be prepared and implemented within four months of final MOA signature and will be incorporated into the Historic Preservation Plan in Stipulation VII.B. D. Walla Walla VAMC has developed a Monitoring Plan and Discovery Protocol consistent with the Secretary of the Interior’s Standards for Archaeological Documentation (48 FR 44734-44737), the Council’s Treatment of Archaeological Properties (ACHP, draft 1980), and applicable Washington regulations (Attachment D). In accordance with Attachment D, the Walla Walla VAMC will ensure that archaeological monitoring will be implemented for all ground disturbing activities associated with construction activities. In the event of the unanticipated discovery of cultural resources, the Walla Walla VAMC and its contractors will consider the resources as NRHP-eligible and shall follow the procedures outlined in Attachment D in order to recover data and minimize construction delays. E. If human remains are encountered during any construction and ground-disturbing activities, the Walla Walla VAMC will comply with all applicable Federal and State provisions. Walla Walla VAMC has developed a Human Remains Discovery Plan (Attachment E) to comply with applicable provisions under NAGPRA and ARPA regulations and RCW 68.60 et seq., if necessary. In accordance with the Human Remains Discovery Plan, all encountered remains will be assumed to be Native American until proven otherwise. Within one working day of each non-forensic unanticipated discovery, consultation with tribes will be initiated. All forensic discoveries will be reported to the County Coroner, tribes, and Consulting Parties within 24 hours. F. Walla Walla VAMC will undertake the following measures to ensure adequate communication between the Walla Walla VAMC, DAHP, the Consulting Parties, and archaeological field crews.  Walla Walla VAMC will designate a Primary Point of Contact with cultural resource expertise to ensure the efficient flow of technical information between parties through the continued consultation and implementation of the MOA.  Within two weeks of signature of the MOA, Walla Walla VAMC shall identify the key decision points and a set of scheduled communications to include weekly field reports, conference calls at times agreed to by the parties, and, if practical, on-site meetings.

Archaeological Resources. A. Walla Walla VAMC will avoid, protectIdentification/Evaluation DelDOT in consultation with the DE SHPO and MD SHPO shall conduct identification (Phase I) archaeological surveys within the APE for the project, and will determine if identified sites will require a Phase II level archaeological survey to evaluate known their National Register of Historic Places eligibility. Evaluation Studies (Phase II) may require additional background research and/or additional field excavations. DelDOT shall prepare reports on findings of the archaeological sitesidentification/evaluation surveys and shall submit the reports to the DE SHPO and MD SHPO, to include those whose boundaries are not completely understoodas appropriate, for their review and concurrence. Walla Walla VAMC will ensure that construction drawings for current and future Undertaking activities will clearly identify no work zones around Upon receipt of the sites as currently recorded and the addition of a 10-meter buffer. On the grounddocument, the no-work zone review period will be marked by stakes thirty (30) days. FHWA and a silt fence; photo documentation DelDOT will be provided to take into account comments and will recommend any next steps. During the signatory parties. B. To create a permanent recordEvaluation Studies (Phase II), FHWA and DelDOT shall apply the current condition National Register criteria (36 CFR 60.4) in accordance with 36 CFR 800.4 (c), taking into account applicable historic contexts and management plans developed for Delaware or Maryland’s historic and prehistoric archaeological resources. If FHWA and DelDOT determine that any of sites 45WW304, 45WW305, 45WW330 and 45WW331 which were damaged during construction activities listed in the 2010 MOA, will be documented. 1. All parties National Register criteria are to agree upon who conducts the damage assessment, the scope of work for the assessmentmet, and the agreed upon mitigation package scaled to DE SHPO and/or the amount of damage. 2MD SHPO agrees, as applicable, the archaeological site(s) shall be considered eligible for the National Register. At minimumIf FHWA and DelDOT determine that the National Register criteria are not met, damage assessments will include completion of and the DE SHPO and/or the MD SHPO agrees, as applicable, the archaeological site forms, artifact analysis site(s) shall be considered not eligible for the National Register. Based on the Evaluation Studies (if applicablePhase II), GPS data collectionshould a signatory to this agreement not agree on the eligibility determination of an archaeological site(s), and full evaluations for individual eligibility to the NRHP and/or as contributing elements to the Fort Walla Walla Historic District. C. In consultation with DAHP and other Consulting Parties, Walla Walla VAMC will develop DelDOT or FHWA shall obtain a Site Treatment and Management Plan addressing the future care of archaeological sites. The plan will be prepared and implemented within four months of final MOA signature and will be incorporated into the Historic Preservation Plan in Stipulation VII.B. D. Walla Walla VAMC has developed a Monitoring Plan and Discovery Protocol consistent with determination from the Secretary of the Interior’s Standards , pursuant to 36 CFR 800.4(c)(2), 36 CFR 63.2(c) and 63.3(d). B. Effect Determination/Mitigation If eligible archaeological sites are identified and affected within the APE, DelDOT will make a reasonable effort to avoid these sites or to minimize impacts to them. If the eligible sites cannot be avoided, DelDOT will apply the Criteria of Adverse Effect in accordance with 36 CFR Part 800.5. If the project will have an adverse effect on archaeological sites, DelDOT in consultation with the DE SHPO and/or MD SHPO, shall develop a treatment plan. The treatment plan may include elements of data recovery or an alternative mitigation plan. DelDOT shall submit the treatment plan to the relevant SHPO and other consulting parties that may be identified, including Indian Tribes as defined in 36 CFR 800.16(m), for their review and comment. Upon receipt of the document, the review period will be thirty (30) days. Following 30 days, DelDOT will take into account any comments, and will recommend any next steps. Should data recovery investigations be warranted, DelDOT shall ensure that a data recovery plan is developed in consultation with the relevant SHPO. The plan shall specify, at a minimum: • the property, properties, or portions of properties where data recovery is to be carried out, and any property that will or may be destroyed without data recovery; • research questions to be addressed through data recovery, with an explanation of their relevance and importance; • the research methods to be used, with an explanation of their relevance to the research questions; • the methods to be used in analysis, data management, and data dissemination, including a schedule; • a provision for assessing materials that may be in need of conservation • proposed disposition of recovered materials and records; • proposed methods for involving the interested public in the data recovery, and for disseminating the results of the work to the interested public; • a proposed schedule for the submission of progress reports to the relevant SHPO; and • provisions to meet on-site in order to evaluate the success of the initial fieldwork phase of any data recovery program, and near the end of the fieldwork efforts to validate substantial completion. When and/or if an alternative mitigation strategy is chosen and approved by the DE SHPO, MD SHPO, FHWA, and DelDOT, it may include but is not limited to: analysis and synthesis of past data accumulated through either SHPO, FHWA, and DelDOT projects, updating the relevant SHPO and DelDOT archaeological websites and GIS databases, development of historic and prehistoric contexts and preservation priorities, statewide predictive models, development of travel or informational displays with the cultural resource work for this Project, and improved archaeological data management and access for both SHPO and DelDOT. DelDOT will complete all necessary data recovery field work prior to commencing construction in the site areas, alternative mitigation may or may not be completed prior to commencing construction in the site areas. DelDOT shall provide all draft and final archaeological reports and public information materials to the appropriate SHPO for review and comment. All final reports shall meet the Secretary of the Interior's standards and Guidelines for Archaeological Documentation (48 FR 44734-4473737), while also satisfying the Council’s Treatment of Archaeological Properties (ACHP, draft 1980), and applicable Washington regulations (Attachment D). In accordance with Attachment D, the Walla Walla VAMC will ensure that necessary SHPO's guidelines for archaeological monitoring will be implemented for all ground disturbing activities associated with construction activities. In the event of the unanticipated discovery of cultural resources, the Walla Walla VAMC and its contractors will consider the resources as NRHP-eligible and shall follow the procedures outlined in Attachment D in order to recover data and minimize construction delayssurveys or investigations. E. If human remains are encountered during any construction and ground-disturbing activities, the Walla Walla VAMC will comply with all applicable Federal and State provisions. Walla Walla VAMC has developed a Human Remains Discovery Plan (Attachment E) to comply with applicable provisions under NAGPRA and ARPA regulations and RCW 68.60 et seq., if necessary. In accordance with the Human Remains Discovery Plan, all encountered remains will be assumed to be Native American until proven otherwise. Within one working day of each non-forensic unanticipated discovery, consultation with tribes will be initiated. All forensic discoveries will be reported to the County Coroner, tribes, and Consulting Parties within 24 hours. F. Walla Walla VAMC will undertake the following measures to ensure adequate communication between the Walla Walla VAMC, DAHP, the Consulting Parties, and archaeological field crews.  Walla Walla VAMC will designate a Primary Point of Contact with cultural resource expertise to ensure the efficient flow of technical information between parties through the continued consultation and implementation of the MOA.  Within two weeks of signature of the MOA, Walla Walla VAMC shall identify the key decision points and a set of scheduled communications to include weekly field reports, conference calls at times agreed to by the parties, and, if practical, on-site meetings.

Archaeological Resources. A. Walla Walla VAMC will avoid1. Where possible, protect, USACE and evaluate known MassDOT shall avoid affecting the NRHP-eligible archaeological sites, to include those whose boundaries are not completely understood. Walla Walla VAMC will ensure that construction drawings for current and future Undertaking activities will clearly identify no work zones around the sites as currently recorded and the addition of a 10-meter buffer. On the ground, the no-work zone will be marked by stakes and a silt fence; photo documentation will be provided to the signatory parties. B. To create a permanent record, the current condition of sites 45WW304, 45WW305, 45WW330 and 45WW331 which were damaged during construction activities listed in the 2010 MOA, will be documented. 1. All parties are to agree upon who conducts the damage assessment, the scope of work for the assessment, and the agreed upon mitigation package scaled to the amount of damage.Appendix B. 2. At minimumUSACE and MassDOT will complete any required subsurface survey (intensive [locational] and site examination) to make NRHP eligibility determinations and assess effects for those locations identified as archaeologically sensitive (Appendix C). If no archaeological sites are identified or sites are identified in disturbed stratigraphic contexts, damage assessments then no further work will include completion of archaeological be required. If the survey and site forms, artifact analysis (if applicableexamination identify NRHP-eligible site(s), GPS data collectionthen avoidance will be the preferred option. If avoidance is not possible and an adverse effect will result, and full evaluations for individual eligibility to the NRHP and/or as contributing elements to the Fort Walla Walla Historic District. C. In consultation with DAHP and other Consulting Parties, Walla Walla VAMC MassDOT will develop a Site Treatment mitigation plan and Management Plan addressing once it is acceptable to the future care of archaeological sitesCRM provide it to USACE for review and consultation with other consulting parties who will have 20 working days for review and comment or concurrence. The This mitigation plan will be prepared include a section evaluating design modifications for minimizing effects to historic properties. USACE shall direct MassDOT to implement the mitigation plan once the SHPO concurs with the plan. If, after consultation, USACE and implemented within four months of final MOA signature the SHPO cannot agree on appropriate terms for the mitigation plan, USACE will refer the matter to the ACHP pursuant to Stipulation IX. 3. USACE and MassDOT will complete any required subsurface survey (intense [locational] and site examination) to make NRHP eligibility determinations and assess effects for those Project locations not currently identified or for which geotechnical information was not previously available, including catenary structures and work or construction equipment storage or staging areas. If no archaeological sites are identified or sites are identified in disturbed stratigraphic contexts, then no further work will be incorporated into required. If the Historic Preservation Plan in Stipulation VII.B. D. Walla Walla VAMC has developed survey and site examination identify NRHP eligible site(s)),) then avoidance will be the preferred option. If avoidance is not possible and an adverse effect will result, MassDOT will develop a Monitoring Plan mitigation plan and Discovery Protocol consistent once it is acceptable to the CRM provide it to USACE for review and consultation with other consulting parties who will have 20 working days for review and comment or concurrence. This mitigation plan will include a section evaluating design modifications for minimizing effects to historic properties. USACE shall approve and direct MassDOT to implement the mitigation plan once the SHPO concurs with the Secretary of plan. If, after consultation, USACE and the Interior’s Standards SHPO cannot agree on appropriate terms for Archaeological Documentation (48 FR 44734-44737)the mitigation plan, USACE will refer the Council’s Treatment of Archaeological Properties (ACHP, draft 1980), and applicable Washington regulations (Attachment D). In accordance with Attachment D, the Walla Walla VAMC will ensure that archaeological monitoring will be implemented for all ground disturbing activities associated with construction activities. In the event of the unanticipated discovery of cultural resources, the Walla Walla VAMC and its contractors will consider the resources as NRHP-eligible and shall follow the procedures outlined in Attachment D in order to recover data and minimize construction delays. E. If human remains are encountered during any construction and ground-disturbing activities, the Walla Walla VAMC will comply with all applicable Federal and State provisions. Walla Walla VAMC has developed a Human Remains Discovery Plan (Attachment E) to comply with applicable provisions under NAGPRA and ARPA regulations and RCW 68.60 et seq., if necessary. In accordance with the Human Remains Discovery Plan, all encountered remains will be assumed to be Native American until proven otherwise. Within one working day of each non-forensic unanticipated discovery, consultation with tribes will be initiated. All forensic discoveries will be reported matter to the County Coroner, tribes, and Consulting Parties within 24 hoursACHP pursuant to Stipulation IX. F. Walla Walla VAMC will undertake the following measures to ensure adequate communication between the Walla Walla VAMC, DAHP, the Consulting Parties, and archaeological field crews.  Walla Walla VAMC will designate a Primary Point of Contact with cultural resource expertise to ensure the efficient flow of technical information between parties through the continued consultation and implementation of the MOA.  Within two weeks of signature of the MOA, Walla Walla VAMC shall identify the key decision points and a set of scheduled communications to include weekly field reports, conference calls at times agreed to by the parties, and, if practical, on-site meetings.

Archaeological Resources. A. Walla Walla VAMC will avoid, protect, and evaluate known archaeological sites, to include those whose boundaries are not completely understood. Walla Walla VAMC will ensure that construction drawings for current and future Undertaking activities will clearly identify no work zones around the sites as currently recorded and the addition of The Corps shall initiate a 10-meter buffer. On the ground, the no-work zone will be marked by stakes and a silt fence; photo documentation will be provided to the signatory parties. B. To create a permanent record, the current condition of sites 45WW304, 45WW305, 45WW330 and 45WW331 which were damaged during construction activities listed in the 2010 MOA, will be documented. 1. All parties are to agree upon who conducts the damage assessment, the scope of work for the assessment, and the agreed upon mitigation package scaled to the amount of damage. 2. At minimum, damage assessments will include completion historic properties identification survey of archaeological site formsresources within the final Construction APE, artifact analysis agreed to under Stipulation II (if applicable), GPS data collection, Areas of Potential Effects) and full evaluations for individual eligibility to the NRHP and/or as contributing elements to the Fort Walla Walla Historic District. C. In consultation with DAHP and other Consulting Parties, Walla Walla VAMC will develop a Site Treatment and Management Plan addressing the future care of archaeological sites. The plan will be prepared and implemented within four months of final MOA signature and will be incorporated into the Historic Preservation Plan in Stipulation VII.B. D. Walla Walla VAMC has developed a Monitoring Plan and Discovery Protocol consistent with the Secretary of the Interior’s SOI's Standards and Guidelines for Archaeological Documentation Archeology and Historic Preservation (48 FR 44734F.R. 44716-4473744740), as design details and funding becomes available. Archaeological and above-ground historic and architectural surveys may PROGRAMMATIC AGREEMENT REGARDING THE REGARDING THE CHARLESTON PENINSULA COASTAL STORM RISK MANAGEMENT PROJECT, CHARLESTON, SOUTH CAROLINA be combined as project design and APE finalization allows. a. Prior to initiation of a survey, the Council’s Treatment of Archaeological Properties Corps shall submit a research design for the proposed survey for Consulting Party review and comment consistent with Stipulation I (ACHP, draft 1980), Timeframes and applicable Washington regulations (Attachment DReview Procedures). In accordance with Attachment D, the Walla Walla VAMC will ensure that archaeological monitoring will be implemented for all ground disturbing activities Surveys and associated with construction activities. In the event of the unanticipated discovery of cultural resources, the Walla Walla VAMC and its contractors will consider the resources as NRHP-eligible and shall follow the procedures outlined in Attachment D in order to recover data and minimize construction delays. E. If human remains are encountered during any construction and ground-disturbing activities, the Walla Walla VAMC reporting will comply with all applicable Federal guidelines and State provisionsrequirements specified in the South Carolina Standards and Guidelines for Archaeological Investigations manual. Walla Walla VAMC has developed Surveys shall ensure that archaeological resources such as submerged sites, terrestrial sites, and TCPs are recorded. Recordation of archaeological sites shall be prepared using the appropriate South Carolina Institute of Archaeology and Anthropology (SCIAA) site form. Any identified TCPs shall be recorded using the appropriate SHPO site form. b. Surveys will identify archaeological resources within the APE and determine if these properties are eligible for inclusion in the NRHP individually or as a Human Remains Discovery Plan (Attachment E) contributing element to comply with applicable provisions under NAGPRA and ARPA regulations and RCW 68.60 et seq.a district. Due to the urban environment of the Project, if necessary. In accordance with the Human Remains Discovery Plan, all encountered remains there will be assumed portions of the APE that cannot be surveyed prior to be Native American until proven otherwise. Within one working day construction; therefore, the archaeological report will evaluate the potential for the APE to contain archaeological resources and recommend locations for archaeological monitoring during construction of each non-forensic unanticipated discovery, consultation with tribes will be initiated. All forensic discoveries will be reported the Project. c. The Corps shall submit identification and evaluation survey reports to the County Coroner, tribes, and Consulting Parties within 24 hoursfor review and comment consistent with Stipulation I (Timeframes and Review Procedures). F. Walla Walla VAMC will undertake the following measures to ensure adequate communication between the Walla Walla VAMC, DAHP, the Consulting Parties, and archaeological field crews.  Walla Walla VAMC will designate a Primary Point of Contact with cultural resource expertise to ensure the efficient flow of technical information between parties through the continued consultation and implementation of the MOA.  Within two weeks of signature of the MOA, Walla Walla VAMC shall identify the key decision points and a set of scheduled communications to include weekly field reports, conference calls at times agreed to by the parties, and, if practical, on-site meetings.

Archaeological Resources. A. Walla Walla VAMC All below-grade construction activities would have occurred by 2009, except, possibly, the foundation of Tower 5. Therefore, this phase is analyzed for potential effects to archaeological resources. As described above under the Pre-September 11 Scenario, the north and south portions of the WTC Site east of the No. 1/9 IRT subway and portions of the Southern Site may be potentially sensitive for archaeological resources, such as shaft features and wharf and/or cribbing features. In order to identify any potential impacts to archaeological resources, Phase IB investigations are recommended in those areas. Based on the events of September 11, the WTC Site has been found eligible for listing on the National Register. Although the eligibility of the site does not depend on existing remnants of the prior structures, the Proposed Action would have an adverse effect on some of these remnants. LMDC will avoidconsult with SHPO, protectthe Port Authority, and evaluate known archaeological sites▇▇▇▇▇▇▇▇▇▇▇ Properties in order to minimize or mitigate such effects. LMDC is also considering a Programmatic Agreement with the Advisory Council on Historic Preservation (ACHP) and SHPO that would include additional consultation with the consulting parties who participated in the Section 106 process. By ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ and Greenwich Street would be extended through the WTC Site, restoring the street linkage between historic resources to include those whose boundaries the north and south of the WTC Site. This would be particularly beneficial to resources south of Liberty Street that are not completely understoodnow isolated by the large construction site that remains on the WTC Site. Walla Walla VAMC will ensure that construction drawings for current and future Undertaking activities will clearly identify no work zones around Although the sites as currently recorded and Proposed Action would change the study area through the addition of tall and modern towers, this is not expected to have an adverse effect. The Project Site and immediate study area have historically been developed with tall and modern structures in close proximity to low-rise and high-rise historic buildings. In addition, the Proposed Action would be in keeping with the character of the Project Site and surrounding area, which were located in a 10densely developed urban setting. New office towers would be constructed on the Project Site that would re-meter bufferintroduce tall, modern structures to this portion of the Lower Manhattan skyline. The towers of the Proposed Action would block views across the now largely open WTC Site to historic resources on the other side. In particular, views of the ▇▇▇▇▇▇▇-▇▇▇▇▇ Building and the Federal Office Building/U.S. Post Office from Church and Liberty Streets, and from the Winter Garden to St. Paul’s Chapel and the former East River Savings Bank would be blocked. Views from the corner of Vesey and Church Streets and along Church Street to the ▇▇▇▇▇ Building and ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ would be blocked. The Proposed Action would create a series of structures with retail frontage along the north and east sides of the WTC Site. Freedom Tower would rise immediately south of the ▇▇▇▇▇▇▇-▇▇▇▇▇ Building. On the groundother hand, the no-work zone will open spaces that would be marked by stakes part of the Proposed Action would benefit certain historic resources. Liberty Park would greatly improve the setting of ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ and a silt fence; photo documentation will be provided the ▇▇▇▇▇ Building. It would also generally improve the neighborhood for all the other historic resources south of the Project Site. Farther north on the WTC Site, Wedge of Light Plaza would link to St. Paul’s Chapel and historic resources east of the WTC Site. Due to the signatory parties. B. To create proximity of historic resources, adherence to Construction Protection Plans would be required to avoid potential construction period damage to architectural resources. The increased traffic levels expected as a permanent recordresult of the Proposed Action are expected to have some effect on the setting of historic resources, but not to a degree that they would constitute an adverse effect. This is primarily because most of the current condition traffic impacts would occur on streets already burdened with high levels of sites 45WW304traffic, 45WW305, 45WW330 and 45WW331 which were damaged during construction activities listed thus historic resources located in the 2010 MOA, will be documented. 1these areas have already existed in an urban environment with well-traveled city streets. All parties are to agree upon who conducts the damage assessment, the scope of work for the assessment, and the agreed upon mitigation package scaled In addition to the amount of damage. 2. At minimumimpacts on off-site resources described in 2009, damage assessments will include completion of archaeological site forms, artifact analysis (if applicable), GPS data collection, the four other office towers would increase bulk along Church Street on the WTC Site and full evaluations for individual eligibility to on the NRHP and/or as contributing elements to south end of the Fort Walla Walla Historic District. C. In consultation with DAHP and other Consulting Parties, Walla Walla VAMC will develop a Site Treatment and Management Plan addressing the future care of archaeological sitesSouthern Site. The plan will be prepared proposed office tower and implemented within four months of final MOA signature and will be incorporated hotel on the northeast quadrant would face directly into the Historic Preservation Plan in Stipulation VII.B. D. Walla Walla VAMC has developed a Monitoring Plan and Discovery Protocol consistent with the Secretary Federal Office Building/U.S. Post Office. The proposed office building south of the Interior’s Standards for Archaeological Documentation (48 FR 44734-44737), permanent WTC PATH Terminal entrance would tower over the Council’s Treatment of Archaeological Properties (ACHP, draft 1980), and applicable Washington regulations (Attachment D)former East River Savings Bank. In accordance with Attachment D, Finally the Walla Walla VAMC will ensure that archaeological monitoring will be implemented for all ground disturbing activities associated with construction activities. In tower at the event southeast corner of the unanticipated discovery of cultural resources, WTC Site would alter the Walla Walla VAMC and its contractors will consider the resources as NRHP-eligible and shall follow the procedures outlined in Attachment D in order to recover data and minimize construction delays. E. If human remains are encountered during any construction and ground-disturbing activities, the Walla Walla VAMC will comply with all applicable Federal and State provisions. Walla Walla VAMC has developed a Human Remains Discovery Plan (Attachment E) to comply with applicable provisions under NAGPRA and ARPA regulations and RCW 68.60 et seq., if necessary. In accordance with the Human Remains Discovery Plan, all encountered remains will be assumed to be Native American until proven otherwise. Within one working day of each non-forensic unanticipated discovery, consultation with tribes will be initiated. All forensic discoveries will be reported to the County Coroner, tribes, and Consulting Parties within 24 hours. F. Walla Walla VAMC will undertake the following measures to ensure adequate communication between the Walla Walla VAMC, DAHP, the Consulting Parties, and archaeological field crews.  Walla Walla VAMC will designate a Primary Point of Contact with cultural resource expertise to ensure the efficient flow of technical information between parties through the continued consultation and implementation context of the MOA▇▇▇▇▇ Building and ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇.  Within two weeks of signature of Overall, this change would not be an adverse effect, as the MOAstudy area has historically been developed with tall, Walla Walla VAMC shall identify modern structures among smaller-scaled historic buildings. As described for conditions in 2009, it is not expected that the key decision points and a set of scheduled communications to include weekly field reports, conference calls at times agreed to by the parties, and, if practical, on-site meetingsincreased traffic levels would have an adverse effect on historic resources.

Archaeological Resources. A. Walla Walla VAMC will avoidNorthern Branch is not expected to have adverse effects on Archaeological Resources. It is possible that additional, protectpreviously unidentified, Archaeological Resources may be identified within the Northern Branch APE in the future or in the area of any new Northern Branch elements, and evaluate known archaeological sitesthat these previously unidentified properties may be affected by Northern Branch. Accordingly, to include those whose boundaries are not completely understood. Walla Walla VAMC will ensure this PA sets forth the following measures that construction drawings for current and future Undertaking activities will clearly identify no work zones around the sites as currently recorded and the addition of a 10-meter buffer. On the ground, the no-work zone will be marked by stakes and a silt fence; photo documentation will be provided to implemented for Northern Branch Archaeological Resources within the signatory parties. B. To create a permanent record, the current condition of sites 45WW304, 45WW305, 45WW330 and 45WW331 which were damaged during construction activities listed in the 2010 MOA, will be documentedNorthern Branch APE. 1. All parties If design and/or construction plans change or new Project features or associated construction projects are planned as part of or expanded into areas where archaeological site potential has not been considered, then NJ TRANSIT shall conduct Phase IA Archaeological Assessments and subsequent Phase IB Archaeological field testing as warranted to agree upon who conducts the damage assessment, the scope make an adequate effort to identify Archaeological Historic Properties (AHPs) in those areas of work for the assessment, and the agreed upon mitigation package scaled to the amount of damagenew and/or additional project construction. 2. At minimumNJ TRANSIT shall, damage assessments will include completion in consultation with the SHPO, ensure that the adequacy of efforts to identify AHPs, the professional qualifications of archaeological site forms, artifact analysis (if applicable), GPS data collectionpersonnel, and full evaluations the standards for individual eligibility to the NRHP and/or as contributing elements to the Fort Walla Walla Historic District. C. In consultation with DAHP and other Consulting Parties, Walla Walla VAMC will develop a Site Treatment and Management Plan addressing the future care of archaeological sites. The plan will be prepared and implemented within four months of final MOA signature and will be incorporated into the Historic Preservation Plan all submitted reports are in Stipulation VII.B. D. Walla Walla VAMC has developed a Monitoring Plan and Discovery Protocol consistent accordance with the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716-44742), as well as the standards of the NJ SHPO (1996, 2000). 3. Where potential AHPs are identified, a NJ TRANSIT qualified professional will evaluate eligibility for listing in the National Register of Historic Places, using the Secretary of Interior's 4. NJ TRANSIT shall make an assessment of the effects of planned ground disturbing construction activities on AHPs and shall request the SHPO’s comments on the assessment. 5. NJ TRANSIT shall request the SHPO’s comments on NJ TRANSIT's plans for treating AHPs that will be adversely affected by construction activities. If an adverse effect cannot be avoided, NJ TRANSIT shall develop a data recovery plan to be reviewed and approved by the SHPO. The plan shall be consistent with the Secretary of Interior's Standards and Guidelines for Archaeological Documentation (48 FR 44734-4473737), the Council’s 's Treatment of Archaeological Properties Properties, and the standards of the NJ SHPO (ACHP1996, draft 19802000), as appropriate. The plan shall specify the exact location of data recovery; the identification of any property that will be destroyed or altered without data recovery; the research questions to be addressed by the data recovery, with an explanation of their relevance and applicable Washington regulations (Attachment D)importance; the methodology of analysis, management and dissemination of the data, including a schedule; the disposition and curation standards for recovered materials and records; the procedure for including the interested public; proposed methods for disseminating results of the work to the interested public; and a proposed schedule for submission of progress reports to the SHPO. In NJ TRANSIT shall ensure that the data recovery plan is implemented. If NJ TRANSIT and the SHPO cannot agree on how to resolve an adverse effect, NJ TRANSIT shall resolve the disagreement in accordance with Attachment D36 CFR Section 800.6(b). 6. Discovery of human skeletal remains and associated grave goods shall be addressed, and may require consultation, under the Walla Walla VAMC will ensure that archaeological monitoring will separate regulations contained in the Native American ▇▇▇▇▇▇ Protection and Repatriation Act (NAGPRA) of 1990 (43 CFR Part 10, as amended). 7. All unanticipated discoveries shall be implemented for all ground disturbing activities associated treated in accordance with construction activities. In the event of the unanticipated discovery of cultural resources, the Walla Walla VAMC and its contractors will consider the resources as NRHP-eligible and shall follow the procedures outlined in Attachment D 36 CFR 800.11 in order to recover data and minimize construction delaysconsultation with all parties of this Agreement. E. If human remains are encountered during any construction and ground-disturbing activities, the Walla Walla VAMC will comply with all applicable Federal and State provisions8. Walla Walla VAMC has developed a Human Remains Discovery Plan (Attachment E) to comply with applicable provisions NJ TRANSIT shall ensure that artifacts recovered from archaeological investigations conducted under NAGPRA and ARPA regulations and RCW 68.60 et seq., if necessary. In accordance with the Human Remains Discovery Plan, all encountered remains this Agreement will be assumed curated according to NJ State Guidelines. The New Jersey State Museum shall be Native American until proven otherwise. Within one working day given the right of each non-forensic unanticipated discovery, consultation with tribes will be initiated. All forensic discoveries will be reported to first refusal for all collections recovered under the County Coroner, tribes, and Consulting Parties within 24 hoursagreement. F. Walla Walla VAMC will undertake the following measures to ensure adequate communication between the Walla Walla VAMC, DAHP, the Consulting Parties, and archaeological field crews9.  Walla Walla VAMC will designate a Primary Point of Contact with cultural resource expertise to ensure the efficient flow of technical information between parties through the continued consultation and implementation of the MOA.  Within two weeks of signature of the MOA, Walla Walla VAMC NJ TRANSIT shall identify the key decision points and a set of scheduled communications to include weekly field reports, conference calls at times agreed to by the parties, and, if practical, on-site meetingsreimburse institutions curating these collections for their initial costs.

Archaeological Resources. A. Walla Walla VAMC will avoidAs no report of archaeological resources has yet been submitted to the SHPO, protect, and evaluate known archaeological sites, to include those whose boundaries are not completely understood. Walla Walla VAMC will ensure no archeological sites that construction drawings for current and future Undertaking activities will clearly identify no work zones around the sites as currently recorded and the addition of a 10-meter buffer. On the ground, the no-work zone will be marked affected by stakes and a silt fence; photo documentation construction of the Project have been determined to be eligible for the NRHP. If NRHP eligible sites are identified, they will be provided require Phase II archeological testing in order to the signatory parties. B. To create a permanent record, the current condition of sites 45WW304, 45WW305, 45WW330 and 45WW331 which were damaged during construction activities listed in the 2010 MOA, will be documenteddetermine significance. 1. All parties FHWA shall ensure that additional research and investigations are conducted as necessary to agree upon who conducts assess or consider the damage assessmenteligibility of identified archeological sites for nomination to the Register. Phase II fieldwork will be sufficient to assess or consider the eligibility of identified archeological sites for nomination to the Register and will establish the area of potential effect, and as appropriate, include site size and boundary, contents of the scope archeological record, depth and integrity of work cultural deposits, presence or absence of cultural features, site functions, age and cultural affiliation. The Caddo Tribe will be consulted with for their expertise and guidance in proceeding with and conducting these Phase II investigations. The Phase II investigations will conform to the Secretary of the Interior's "Standards and Guidelines for Archeology and Historic Preservation" (48 FR 44716-39) and the standards for fieldwork and report writing in A State Plan for the assessmentConservation of Archeological Resources in Arkansas (▇▇▇▇▇ ▇▇. 1982, and the agreed upon mitigation package scaled to the amount of damagerevised 1994). 2. At minimumFHWA shall determine National Register eligibility in consultation with the Caddo Tribe and the SHPO. All National Register evaluations will follow the guidelines established in National Register Bulletin 15 (U.S. Department of the Interior, damage assessments 1990). Disputes concerning eligibility will include completion be resolved by the Keeper of archaeological site formsthe National Register (the Keeper). 3. FHWA shall ensure that a treatment plan is developed for any archeological sites that are determined eligible for listing in the Register that are adversely affected by the Project. This treatment plan will consider measures to mitigate adverse effects on archeological sites such as avoidance by design adjustments, artifact analysis (if applicable)buffer zone establishment, GPS data collectionprotective fencing, construction monitoring, and full evaluations for individual eligibility education of construction personnel. The treatment plan will also take into account engineering feasibility, cost and other factors considered appropriate by FHWA. If adverse effects on archeological sites cannot be avoided, FHWA shall consult with the SHP0, the Caddo Tribe, and other interested parties to determine the appropriate measures to mitigate adverse effects. These measures will be included in the treatment plan. 4. Avoidance will be the preferred treatment of adverse effects to archeological sites, if possible. Any site that warrants preservation in place will be avoided, provided that prudent and feasible alternatives to the NRHP and/or as contributing elements to the Fort Walla Walla Historic Districtuse of that site for highway construction exist. C. In 5. If the appropriate treatment of archeological sites involves data recovery, FHWA shall ensure that a data recovery plan is developed in consultation with DAHP the Council, the SHPO, and other Consulting Parties, Walla Walla VAMC will develop a Site Treatment and Management Plan addressing the future care of archaeological sitesCaddo Tribe. The plan will Data recovery plans shall be prepared and implemented within four months of final MOA signature and will be incorporated into the Historic Preservation Plan in Stipulation VII.B. D. Walla Walla VAMC has developed a Monitoring Plan and Discovery Protocol consistent with the Secretary of the Interior’s 's Standards and Guidelines for Archaeological Archeological Documentation (48 FR 44734-44737), 37) and take into account the Council’s 's Publication, "Treatment of Archaeological Properties Archeological Properties" (ACHPAdvisory Council on Historic Preservation 1980) and the standards in a State Plan for the Conservation of Archeological Resources in Arkansas (▇▇▇▇▇ ▇▇. 1982, draft 1980revised 1994), and applicable Washington regulations (Attachment D)any tribal standards gained through consultation with the Caddo Tribe. 6. In accordance with Attachment DFHWA shall provide treatment plans and data recovery plans to the Council, the Walla Walla VAMC will ensure that archaeological monitoring will SHPO and the Caddo Tribe for review. Comments shall be implemented for all ground disturbing activities associated with construction activitiesprovided by these reviewing agencies within thirty (30) calendar days. In the event of the unanticipated discovery of cultural resources, the Walla Walla VAMC and its contractors will consider the resources as NRHP-eligible and shall follow the procedures outlined in Attachment D in order Failure to recover data and minimize construction delays. E. If human remains are encountered during any construction and ground-disturbing activities, the Walla Walla VAMC will comply with all applicable Federal and State provisions. Walla Walla VAMC has developed a Human Remains Discovery Plan (Attachment E) to comply with applicable provisions under NAGPRA and ARPA regulations and RCW 68.60 et seq., if necessary. In accordance with the Human Remains Discovery Plan, all encountered remains will be assumed to be Native American until proven otherwise. Within one working day of each non-forensic unanticipated discovery, consultation with tribes will be initiated. All forensic discoveries will be reported to the County Coroner, tribes, and Consulting Parties comment within 24 hours. F. Walla Walla VAMC will undertake the following measures to ensure adequate communication between the Walla Walla VAMC, DAHP, the Consulting Parties, and archaeological field crews.  Walla Walla VAMC will designate a Primary Point of Contact with cultural resource expertise to ensure the efficient flow of technical information between parties through the continued consultation and implementation of the MOA.  Within two weeks of signature of the MOA, Walla Walla VAMC shall identify the key decision points and a set of scheduled communications to include weekly field reports, conference calls at times agreed to by the parties, and, if practical, on-site meetings.thirty