Avoidance of Cultural Resources. In accordance with Subpart C of H 190 Part 601.22(C), and in accordance with Section 110 of the NHPA, Cooperators receiving technical and financial assistance from NRCS Utah shall make all necessary efforts to avoid and minimize impacts to cultural resources that are identified during the conservation planning process. This is of particular importance for those cultural resources determined eligible for the NRHP. The policy of avoidance of cultural resources shall remain in place for the duration of the lifespan of the conservation activity, enhancement, and practice that is being implemented, in accordance with NRCS Farm Bill Programs rules. Failure to avoid historic properties could potentially result in a determination of adverse effects, mitigation where appropriate, contract termination, and withdrawal of technical and financial assistance. In accordance with the criteria for identifying Category III undertakings outlined above, conservation activities, enhancements, and practices can be redesigned to avoid cultural resources by a 50-foot buffer during the implementation process in an effort to streamline the delivery of conservation assistance in a timely manner. If, after the consultation process, an avoided cultural resource has been determined eligible for the NRHP, then Cooperators must ensure that the cultural resources remain avoided as described above. However, if an avoided cultural resource is determined not eligible for the NRHP through the consultation process, further avoidance measures are unnecessary.
Appears in 4 contracts
Samples: Prototype Programmatic Agreement, Prototype Programmatic Agreement, Prototype Programmatic Agreement
