Common use of Category V Clause in Contracts

Category V. Category V undertakings are defined by NRCS Utah as undertakings that will involve adverse effects to historic properties as defined in 36 CFR Part 800.5.a.1. For such undertakings, NRCS Utah will resolve the adverse effects through the development of a treatment plan detailing the measures that will be used to minimize and mitigate the effects to the historic properties in accordance with 36 CFR Part 800.6. This treatment plan will be developed through consultation among the NRCS, the Utah SHPO, and other consulting parties, as appropriate. The ACHP will be invited to participate in the consultation process as well. Once the treatment plan and measures to minimize and mitigate the adverse effects are agreed upon by the consulting parties, a Memorandum of Agreement (MOA) will be executed and implemented pursuant to compliance with Section 106. VIII. CRITERIA FOR ASSISTANCE FROM NRCS UTAH CRS PERSONNEL As stated previously, participation in the National Cultural Resources Training Series and the supplemental training every five years authorizes NRCS Utah to utilize its personnel and conservation partners in completing basic cultural resources. In accordance with the NRCS Utah SPPA, the use of trained personnel for completing cultural resources investigations is limited to those undertakings where NRCS Utah has been determined to be the lead Federal agency for the purposes of Section 106, where no extenuating circumstances exist, and where the undertakings occur exclusively on privately-owned lands. Utilizing the five-category cultural resources compliance system, Table 3 presents the criteria that are used to determine if an undertaking requires further assistance from NRCS Utah CRS personnel. Table 3. Criteria for Assistance from NRCS Utah CRS Personnel Category CRS Required? Description Category I NO Category I undertakings have little or no potential to affect historic properties. A review of such undertakings can be completed by Conservation Planners and submitted to the NRCS State CRS for approval without direct assistance. Category II NO Category II undertakings are limited in size and scope and lack extenuating circumstances that would otherwise involve additional consideration for cultural resources. Pedestrian inventories for Category II undertakings can be completed by Conservation Planners and submitted to the NRCS State CRS for approval without direct assistance. Category III YES Category III undertakings warrant further consideration of cultural resources due to the extenuating circumstances that are involved. Direct assistance from NRCS CRS personnel is therefore necessary. Category IV YES Category IV undertakings require direct assistance from NRCS CRS personnel to help establish lead and cooperating Federal agencies; to complete any required fieldwork authorizations or permits; and to complete the reporting and consultation process as outlined in Section 106 and its implementing regulations found in 36 CFR Part 800. Category V YES Category V undertakings require direct assistance from NRCS CRS personnel to develop mitigation measures to resolve adverse effects, and to complete the reporting and consultation process as outlined in Section 106 and its implementing regulations found in 36 CFR Part 800.

Category V. Category V undertakings are defined by NRCS Utah as undertakings that will involve adverse effects to historic properties as defined in 36 CFR Part 800.5.a.1. For such undertakings, NRCS Utah will resolve the adverse effects through the development of a treatment plan detailing the measures that will be used to minimize and mitigate the effects to the historic properties in accordance with 36 CFR Part 800.6. This treatment plan will be developed through consultation among the NRCS, the Utah SHPO, and other consulting parties, as appropriate. The ACHP will be invited to participate in the consultation process as well. Once the treatment plan and measures to minimize and mitigate the adverse effects are agreed upon by the consulting parties, a Memorandum of Agreement (MOA) will be executed and implemented pursuant to compliance with Section 106. VIII. CRITERIA FOR ASSISTANCE FROM Criteria for Assistance from NRCS UTAH Utah CRS PERSONNEL Personnel As stated previously, participation in the National Cultural Resources Training Series and the supplemental training every five years authorizes NRCS Utah to utilize its personnel and conservation partners in completing basic cultural resources. In accordance with the NRCS Utah SPPA, the use of trained personnel for completing cultural resources investigations is limited to those undertakings where NRCS Utah has been determined to be the lead Federal agency for the purposes of Section 106, where no extenuating circumstances exist, and where the undertakings occur exclusively on privately-owned lands. Utilizing the five-category cultural resources compliance system, Table 3 presents the criteria that are used to determine if an undertaking requires further assistance from NRCS Utah CRS personnel. Table 3. Criteria for Assistance from NRCS Utah CRS Personnel Category CRS Required? Description Category I NO Category I undertakings have little or no potential to affect historic properties. A review of such undertakings can be completed by Conservation Planners and submitted to the NRCS State CRS for approval without direct assistance. Category II NO Category II undertakings are limited in size and scope and lack extenuating circumstances that would otherwise involve additional consideration for cultural resources. Pedestrian inventories for Category II undertakings can be completed by Conservation Planners and submitted to the NRCS State CRS for approval without direct assistance. Category III YES Category III undertakings warrant further consideration of cultural resources due to the extenuating circumstances that are involved. Direct assistance from NRCS CRS personnel is therefore necessary. Category IV YES Category IV undertakings require direct assistance from NRCS CRS personnel to help establish lead and cooperating Federal agencies; to complete any required fieldwork authorizations or permits; and to complete the reporting and consultation process as outlined in Section 106 and its implementing regulations found in 36 CFR Part 800. Category V YES Category V undertakings require direct assistance from NRCS CRS personnel to develop mitigation measures to resolve adverse effects, and to complete the reporting and consultation process as outlined in Section 106 and its implementing regulations found in 36 CFR Part 800.