Common use of Archaeological Resources Clause in Contracts

Archaeological Resources. A. As no report of archaeological resources has yet been submitted to the SHPO, no archeological sites that will be affected by construction of the Project have been determined to be eligible for the NRHP. If NRHP eligible sites are identified, they will require Phase II archeological testing in order to determine significance. 1. FHWA shall ensure that additional research and investigations are conducted as necessary to assess or consider the eligibility 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 archeological record, depth and integrity of 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 Conservation of Archeological Resources in Arkansas (Xxxxx xx. 1982, revised 1994). 2. FHWA 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, 1990). Disputes concerning eligibility will be resolved by the Keeper of the 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, buffer zone establishment, protective fencing, construction monitoring, and 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 use of that site for highway construction exist. 5. If the appropriate treatment of archeological sites involves data recovery, FHWA shall ensure that a data recovery plan is developed in consultation with the Council, the SHPO, and the Caddo Tribe. Data recovery plans shall be consistent with the Secretary of the Interior's Standards and Guidelines for Archeological Documentation (48 FR 44734-37) and take into account the Council's Publication, "Treatment of Archeological Properties" (Advisory Council on Historic Preservation 1980) and the standards in a State Plan for the Conservation of Archeological Resources in Arkansas (Xxxxx xx. 1982, revised 1994), and any tribal standards gained through consultation with the Caddo Tribe. 6. FHWA shall provide treatment plans and data recovery plans to the Council, the SHPO and the Caddo Tribe for review. Comments shall be provided by these reviewing agencies within thirty (30) calendar days. Failure to comment within thirty

Archaeological Resources. A. 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 no report 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 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 yet been submitted to 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 consult with SHPO, no archeological sites that will be affected by construction of the Project have been determined to be eligible for the NRHP. If NRHP eligible sites are identifiedPort Authority, they will require Phase II archeological testing and Xxxxxxxxxxx Properties in order to determine significance. 1minimize or mitigate such effects. FHWA shall ensure that additional research and investigations are conducted as necessary to assess or consider the eligibility 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 archeological record, depth and integrity of 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 Conservation of Archeological Resources in Arkansas (Xxxxx xx. 1982, revised 1994). 2. FHWA shall determine National Register eligibility in consultation LMDC is also considering a Programmatic Agreement 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, 1990). Disputes concerning eligibility will be resolved by the Keeper of the 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, buffer zone establishment, protective fencing, construction monitoring, and 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 use of that site for highway construction exist. 5. If the appropriate treatment of archeological sites involves data recovery, FHWA shall ensure that a data recovery plan is developed in consultation with the Council, the SHPO, and the Caddo Tribe. Data recovery plans shall be consistent with the Secretary of the Interior's Standards and Guidelines for Archeological Documentation (48 FR 44734-37) and take into account the Council's Publication, "Treatment of Archeological Properties" (Advisory Council on Historic Preservation 1980(ACHP) and the standards in a State Plan for the Conservation of Archeological Resources in Arkansas (Xxxxx xx. 1982, revised 1994), and any tribal standards gained through SHPO that would include additional consultation with the Caddo Tribe. 6consulting parties who participated in the Section 106 process. FHWA shall provide treatment plans By 0000, Xxxxxx Xxxxxx and data recovery plans Greenwich Street would be extended through the WTC Site, restoring the street linkage between historic resources to the Councilnorth and south of the WTC Site. This would be particularly beneficial to resources south of Liberty Street that are now isolated by the large construction site that remains on the WTC Site. Although the 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 SHPO Proposed Action would be in keeping with the character of the Project Site and surrounding area, which were located in a densely developed urban setting. New office towers would be constructed on the Project Site that would re-introduce 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 Xxxxxxx-Xxxxx Building and the Caddo Tribe 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 Xxxxx Building and 00 Xxxx Xxxxxx 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 Xxxxxxx-Xxxxx Building. On the other hand, the open spaces that would be part of the Proposed Action would benefit certain historic resources. Liberty Park would greatly improve the setting of 00 Xxxx Xxxxxx and the Xxxxx Building. It would also generally improve the neighborhood for reviewall the other historic resources south of the Project Site. Comments shall 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 proximity of historic resources, adherence to Construction Protection Plans would be provided by required to avoid potential construction period damage to architectural resources. The increased traffic levels expected as a result 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 traffic impacts would occur on streets already burdened with high levels of traffic, thus historic resources located in these reviewing agencies within thirty (30) calendar daysareas have already existed in an urban environment with well-traveled city streets. Failure In addition to comment within thirtythe impacts on off-site resources described in 2009, completion of the four other office towers would increase bulk along Church Street on the WTC Site and on the south end of the Southern Site. The proposed office tower and hotel on the northeast quadrant would face directly into the Federal Office Building/U.S. Post Office. The proposed office building south of the permanent WTC PATH Terminal entrance would tower over the former East River Savings Bank. Finally the tower at the southeast corner of the WTC Site would alter the context of the Xxxxx Building and 000-000 Xxxxxxx Xxxxxx. Overall, this change would not be an adverse effect, as the study area has historically been developed with tall, modern structures among smaller-scaled historic buildings. As described for conditions in 2009, it is not expected that the increased traffic levels would have an adverse effect on historic resources.

Archaeological Resources. A. As 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 report work zones around the sites as currently recorded and the addition of archaeological resources has yet been submitted 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 SHPOsignatory parties. B. To create a permanent record, no archeological the current condition of sites that 45WW304, 45WW305, 45WW330 and 45WW331 which were damaged during construction activities listed in the 2010 MOA, will be affected by construction of the Project have been determined to be eligible for the NRHP. If NRHP eligible sites are identified, they will require Phase II archeological testing in order to determine significancedocumented. 1. FHWA shall ensure that additional research All parties are to agree upon who conducts the damage assessment, the scope of work for the assessment, and investigations are conducted as necessary to assess or consider the eligibility of identified archeological sites for nomination agreed upon mitigation package scaled to the Register. Phase II fieldwork will be sufficient to assess or consider the eligibility amount 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 archeological record, depth and integrity of 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 Conservation of Archeological Resources in Arkansas (Xxxxx xx. 1982, revised 1994)damage. 2. FHWA shall determine National Register At minimum, damage assessments will include completion of archaeological site forms, artifact analysis (if applicable), GPS data collection, and full evaluations for individual eligibility in 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 Caddo Tribe and the SHPOfuture care of archaeological sites. All National Register evaluations will follow the guidelines established in National Register Bulletin 15 (U.S. Department of the Interior, 1990). Disputes concerning eligibility The plan will be resolved by the Keeper prepared and implemented within four months of the 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, buffer zone establishment, protective fencing, construction monitoring, final MOA signature and 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 incorporated into the Historic Preservation Plan in the treatment plan.Stipulation VII.B. 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 D. Walla Walla VAMC has developed a Monitoring Plan and feasible alternatives to the use of that site for highway construction exist. 5. If the appropriate treatment of archeological sites involves data recovery, FHWA shall ensure that a data recovery plan is developed in consultation with the Council, the SHPO, and the Caddo Tribe. Data recovery plans shall be Discovery Protocol consistent with the Secretary of the Interior's ’s Standards and Guidelines for Archeological Archaeological Documentation (48 FR 44734-37) and take into account 44737), the Council's Publication, "’s Treatment of Archeological Properties" Archaeological Properties (Advisory Council on Historic Preservation ACHP, draft 1980) and the standards in a State Plan for the Conservation of Archeological Resources in Arkansas (Xxxxx xx. 1982, revised 1994), 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 tribal standards gained through 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 Caddo TribeCounty Coroner, tribes, and Consulting Parties within 24 hours. 6. FHWA shall provide treatment plans and data recovery plans F. Walla Walla VAMC will undertake the following measures to ensure adequate communication between the CouncilWalla Walla VAMC, DAHP, the SHPO Consulting Parties, and archaeological field crews.  Walla Walla VAMC will designate a Primary Point of Contact with cultural resource expertise to ensure the Caddo Tribe for reviewefficient flow of technical information between parties through the continued consultation and implementation of the MOA. Comments  Within two weeks of signature of the MOA, Walla Walla VAMC shall be provided identify the key decision points and a set of scheduled communications to include weekly field reports, conference calls at times agreed to by these reviewing agencies within thirty (30) calendar days. Failure to comment within thirtythe parties, and, if practical, on-site meetings.

Archaeological Resources. A. As no report of archaeological resources has yet been submitted to the SHPO1. Where possible, no archeological sites that will be affected by construction of the Project have been determined to be eligible for USACE and MassDOT shall avoid affecting the NRHP. If NRHP -eligible archaeological sites are identified, they will require Phase II archeological testing listed in order to determine significance. 1. FHWA shall ensure that additional research and investigations are conducted as necessary to assess or consider the eligibility 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 archeological record, depth and integrity of 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 Conservation of Archeological Resources in Arkansas (Xxxxx xx. 1982, revised 1994).Appendix B. 2. FHWA shall determine National Register USACE 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, then no further work will be required. If the 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 mitigation plan and 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 direct MassDOT to implement the Caddo Tribe mitigation plan once the SHPO concurs with the plan. If, after consultation, USACE and the SHPO. All National Register evaluations SHPO cannot agree on appropriate terms for the mitigation plan, USACE will follow refer the guidelines established in National Register Bulletin 15 (U.S. Department of matter to the Interior, 1990). Disputes concerning eligibility will be resolved by the Keeper of the National Register (the Keeper)ACHP pursuant to Stipulation IX. 3. FHWA shall ensure that a treatment plan is developed USACE and MassDOT will complete any required subsurface survey (intense [locational] and site examination) to make NRHP eligibility determinations and assess effects for any archeological sites that are determined eligible those Project locations not currently identified or 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 adjustmentswhich geotechnical information was not previously available, buffer zone establishment, protective fencing, including catenary structures and work or construction monitoring, and education of construction personnel. The treatment plan will also take into account engineering feasibility, cost and other factors considered appropriate by FHWAequipment storage or staging areas. If adverse effects on archeological no archaeological sites cannot be avoidedare identified or sites are identified in disturbed stratigraphic contexts, FHWA shall consult with the SHP0, the Caddo Tribe, and other interested parties to determine the appropriate measures to mitigate adverse effects. These measures then no further work will be included in required. If the treatment plan. 4. Avoidance survey and site examination identify NRHP eligible site(s)),) then avoidance will be the preferred treatment of option. If avoidance is not possible and an adverse effect will result, MassDOT will develop a mitigation plan and 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 archeological siteshistoric properties. USACE shall approve and direct MassDOT to implement the mitigation plan once the SHPO concurs with the plan. If, if possible. Any site that warrants preservation in place after consultation, USACE and the SHPO cannot agree on appropriate terms for the mitigation plan, USACE will be avoided, provided that prudent and feasible alternatives refer the matter to the use of that site for highway construction existACHP pursuant to Stipulation IX. 5. If the appropriate treatment of archeological sites involves data recovery, FHWA shall ensure that a data recovery plan is developed in consultation with the Council, the SHPO, and the Caddo Tribe. Data recovery plans shall be consistent with the Secretary of the Interior's Standards and Guidelines for Archeological Documentation (48 FR 44734-37) and take into account the Council's Publication, "Treatment of Archeological Properties" (Advisory Council on Historic Preservation 1980) and the standards in a State Plan for the Conservation of Archeological Resources in Arkansas (Xxxxx xx. 1982, revised 1994), and any tribal standards gained through consultation with the Caddo Tribe. 6. FHWA shall provide treatment plans and data recovery plans to the Council, the SHPO and the Caddo Tribe for review. Comments shall be provided by these reviewing agencies within thirty (30) calendar days. Failure to comment within thirty