Common use of Category III Clause in Contracts

Category III. For Category III undertakings, implementation shall proceed at the discretion of the NRCS State CRS upon the completion of fieldwork with a determination of ‘no historic properties affected’ in accordance with 36 CFR Part 800.4(d)(1). Implementation shall proceed through communication between the NRCS State CRS and the Conservation Planner. If archaeological sites or TCPs are present within the APE, and the proposed conservation activities, enhancements, and/or practices can be modified to avoid the resource with a buffer zone of no less than 50 feet (15 meters), then implementation can proceed in accordance with the design specifications stated in the conservation plan. NRCS Utah CRS personnel will meet with the Conservation Planner to document the cultural resources and evaluate them for eligibility for the NRHP. Once the Section 106 consultation process has been completed, the NRCS State CRS will return a signed copy of the NRCS Utah Cultural Resources Review Form to the Conservation Planner. Conservation Planners will maintain a signed copy of the form and any associated cultural resources reports and consultation letters with the conservation plan for the undertaking. 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 and unaffected to the extent that the eligibility of the cultural resource for the NRHP is not adversely affected. Avoidance shall last for the lifespan of the conservation activity, enhancement, and/or practice that is being planned. However, if an avoided cultural resource is determined not eligible for the NRHP through the consultation process, further avoidance measures are unnecessary and can be maintained at the discretion of the property owner.

Appears in 4 contracts

Samples: Prototype Programmatic Agreement, Prototype Programmatic Agreement, Prototype Programmatic Agreement

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