Common use of Avoidance of Cultural Resources Clause in Contracts

Avoidance of Cultural Resources. H 190 Part 601.22 (C) and Section 110 of the NHPA state that cooperators that receive technical and financial assistance from NRCS Louisiana will make all necessary efforts to avoid and minimize impacts to cultural resources that are identified during the conservation planning process. This is important especially for those culture resources determined to be eligible for the NRHP. Avoidance of cultural resources will remain in effect for the lifespan of the conservation activity, enhancement, and practice that is being implemented in accordance with NRCS Farm Bill program rules. Failure to follow the policy could potentially result in a determination of adverse effect, mitigation when appropriate, contract termination, and withdrawal of technical and financial assistance. Conservation activities, enhancements, and practices can be redesigned to avoid cultural resources. In some instances, the delivery of conservation assistance can be streamlined by placing a 30 m buffer around a cultural resource during the implementation process. If the avoided cultural resource is determined to be eligible for the NRHP after the consultation process, then Cooperators must ensure that the cultural resource remains avoided as described above.

Avoidance of Cultural Resources. H 190 Part 601.22 (C601.22(C) and Section 110 of the NHPA state that cooperators that receive technical and financial assistance from NRCS Louisiana will make all necessary efforts to avoid and minimize impacts to cultural resources that are identified during the conservation planning process. This is important especially for those culture cultural resources determined to be eligible for the NRHP. Avoidance of cultural resources will remain in effect for the lifespan of the conservation activity, enhancement, and practice that is being implemented in accordance with NRCS Farm Bill Xxxx program rules. Failure to follow the policy could potentially result in a determination of adverse effect, mitigation when appropriate, contract termination, and withdrawal of technical and financial assistance. Conservation activities, enhancements, and practices can be redesigned to avoid cultural resources. In some instancesinstance, the delivery of conservation assistance can be streamlined by placing a 30 m buffer around a cultural resource during the implementation process. If the avoided cultural resource has been determined to be not eligible for the NRHP after the consultation process, further avoidance measures are not necessary. If the avoided cultural resource is determined to be eligible for the NRHP after the consultation process, then Cooperators must ensure that the cultural resource remains avoided as described above.