DISCOVERIES AND UNANTICIPATED EFFECTS. A. The City shall notify the SHPO as soon as possible if it appears that an Undertaking may affect a previously unidentified property that may be eligible for inclusion in the NRHP or affect a known Historic Property in an unanticipated manner. The City may suspend construction of all or part of the Undertaking in the vicinity of the discovery and require that reasonable measures be taken to avoid or minimize harm to the property until the City concludes consultation with the SHPO.
B. If the newly discovered property has not previously been included in or determined eligible for inclusion in the NRHP, the City may assume that the property is eligible for purposes of this PA. The City shall notify the SHPO at the earliest possible time and consult to develop actions that take the effects of the Undertaking on the property into account. The City shall notify the SHPO of any time constraints, and the City and the SHPO shall mutually agree on the time frames for this consultation. The City shall provide the SHPO with written recommendations that take the effect of the Undertaking into account. If the SHPO does not object to the City's recommendations within the agreed upon time frame, the City shall require the scope of work for the Undertaking to be modified as necessary to implement its recommendations.
DISCOVERIES AND UNANTICIPATED EFFECTS i. The SHPO and any appropriate Alaska Native Tribe(s) or Alaska Native Corporation(s) shall be notified by the Forest Service as soon as practicable (within a maximum of 48 hours) upon confirmation of the discovery that a known historic property or previously unidentified cultural resource has been affected by an undertaking in accordance with the provisions of 36 CFR 800.13(a)(1) and at that point the Forest Service shall revert to standard Section 106 procedures for determination of eligibility and assessment of effects.
DISCOVERIES AND UNANTICIPATED EFFECTS. 234 235 A. If the BLM, INF or SHPO determine that implementation of the Undertaking will affect a 236 previously unidentified property that may be eligible for the National Register, or affect a 237 known historic property in an unanticipated manner, the BLM or INF will address the 238 discovery, or unanticipated effect, in accordance with the procedures outlined in 36 CFR 239 800.13 and the attached Historic Properties Avoidance Plan (Appendix 6). The BLM, 240 INF, and SHPO at their discretion may hereunder assume any discovered prehistoric 241 property to be eligible for inclusion in the National Register, and will evaluate any historic 242 period resource; and that compliance with this stipulation shall satisfy the requirements of 243 36 CFR 800.13(a)(2). Pursuant to 36 CFR 800.13, the BLM will notify the SHPO and 244 Native American consulting groups within forty-eight (48) hours of the discovery. The 245 notification shall describe the actions proposed by the BLM to resolve the adverse effects. 246 The SHPO shall respond within forty-eight (48) hours of the notification. The BLM will 247 ask the Signatories to also respond within forty-eight (48) hours of the notification 248 pursuant to 36 CFR 800.13. The BLM shall take into account their recommendations, and 249 then carry out the appropriate actions. The Signatories agree that only cultural resources 250 determined or assumed to be eligible for the National Register will be subject to further 251 consideration under terms of the MOA. A detailed Inadvertent Discovery Plan is included 252 in the Historic Properties Avoidance Plan (Appendix 6) and incorporated herein. 253 254 VI. ADMINISTRATIVE STIPULATIONS 255 256 A. STANDARDS 257 258 1. Professional Qualifications. All activities prescribed by Stipulations II, III, IV, and V 259 of this MOA shall be carried out under the authority of the BLM by or under the 260 direct supervision of a person or persons meeting at a minimum the Secretary of the 261 Interior's Professional Qualifications Standards(PQS) (48 Fed Reg. 44,738-44,739) 262 (PQS) in the appropriate disciplines. Nothing in this stipulation may be interpreted to 263 preclude the BLM or any agent or contractor thereof, from using the services of 264 persons who do not meet the PQS who are supervised by persons who meet the PQS. 265
DISCOVERIES AND UNANTICIPATED EFFECTS i. The SHPO shall be notified by the Forest Service as soon as practicable (within a maximum of 48 hours) upon confirmation of the discovery that a known historic property or previously unidentified cultural resource has been affected by an undertaking in accordance with the provisions of 36 CFR 800.13(a)(1) and at that point the Forest Service shall revert to standard Section 106 procedures for determination of eligibility and assessment of effects. Comment by Xxxxx Xxxxxx: And Alaska Native Tribe(s) and Alaska Native Corporation(s that might attach religious and cultural significance to the affected property
ii. All activities in the vicinity of the discovery shall cease and reasonable efforts shall be taken to avoid or minimize harm to the resource. Human Remains
DISCOVERIES AND UNANTICIPATED EFFECTS. A. As legally mandated, human remains and related items discovered during the implementation of the terms of this Agreement and the Undertaking will be treated in accordance with the requirements of Health and Safety Code Section 7050.5(b). If pursuant to of Health and Safety Code Section 7050.5(c) the coroner determines that the human remains are or may be those of a Native American, then the discovery shall be treated in accordance with the provisions of Public Resources Code Sections 5097.98 (a)- (d). Caltrans, as the landowner, shall ensure, to the extent possible, that the views of the Most Likely Descendent(s), as determined by the California Native American Heritage Commission, are taken into consideration when decisions are made about the disposition of Native American human remains and associated objects.
B. If Caltrans determines, during implementation of the terms of this MOA or after construction of the Undertaking has commenced, that the Undertaking will affect a previously unidentified property that may be eligible for listing in the NRHP or affect a known historic property in an unanticipated manner, Caltrans will address the discovery or unanticipated effect in accordance with 36 CFR Section 800.13(b)(3). Caltrans at its discretion may hereunder assume any discovered property to be eligible for the NRHP in accordance with 36 CFR Section 800.13.
DISCOVERIES AND UNANTICIPATED EFFECTS. A. If Caltrans determines, during implementation of the terms of this PA, and after construction of the Undertaking has commenced, that the Undertaking will affect a previously unidentified property that may be eligible for the National Register, or affect a known historic property in an unanticipated manner, Caltrans will address the discovery or unanticipated effect in accordance with the ATDRP and per Stipulations VI.B through
DISCOVERIES AND UNANTICIPATED EFFECTS. Caltrans will ensure, as appropriate, that a qualified professional, as set forth in Stipulation XIII, monitors construction near areas identified as ESAs and in areas that Caltrans’ research has indicated may contain human remains or buried, unknown archeological deposits. Whether or not an archeological monitor is present, Caltrans will ensure that the following actions are taken in the event of a discovery of, or an unanticipated effect on, a historic property.
A. When an undertaking will affect a previously unidentified property that may be eligible for inclusion in the National Register or will affect a known historic property in an unanticipated manner, Caltrans shall require that construction activity is stopped in the vicinity of the property and that all reasonable measures are taken to avoid or minimize harm to the property until Caltrans concludes consultation with SHPO. At the earliest possible time, Caltrans shall notify FHWA, SHPO, and if federal or tribal lands are involved, the appropriate federal agency or Indian Tribe.
B. If the newly discovered property has not previously been included in or determined eligible for the National Register, Caltrans may assume that the property is eligible for purposes of this PA. Caltrans shall consult with SHPO, FHWA, and the federal agency or Indian Tribe, as appropriate, to develop actions that will take the effects of the undertaking into account. Caltrans will provide concurrently to FHWA, SHPO, and the federal agency or Indian Tribe, as appropriate, written recommendations reflecting this consultation. FHWA and SHPO shall review those recommendations within fifteen (15) working days. Caltrans will request, as appropriate, timely consultation from the federal agency or Indian Tribe. Failure of FHWA and SHPO to respond within this time frame shall not preclude Caltrans from implementing these recommendations.
DISCOVERIES AND UNANTICIPATED EFFECTS. 239 240 a. If the BLM determines during implementation of the HPTP that either the Treatment 241 Plan or the Undertaking will affect a previously unidentified property that may be 242 eligible for the NRHP, or affect a known Historic Property in an unanticipated 243 manner, the BLM will address the discovery or unanticipated effect in accordance 244 with those provisions of the HPTP that relate to the treatment of discoveries and 245 unanticipated effects. The BLM at its discretion may hereunder assume any 246 discovered property to be eligible for inclusion in the National Register. The HPTP 247 includes a Plan for Discovery, which will specify procedures for the documentation, 248 evaluation, and treatment of new discoveries. The BLM compliance with this 249 stipulation shall satisfy the requirements of 36 CFR § 800.13(a)(2). 250 251 VI. TREATMENT OF HUMAN REMAINS OF NATIVE AMERICAN ORIGIN 252 253 a. The parties to this MOA agree that Native American burials and related items 254 discovered on BLM administered lands during implementation of the terms of the 255 MOA will be treated in accordance with the requirements of the Native American 256 Xxxxxx Protection and Repatriation Act (NAGPRA). The BLM will consult with 257 concerned Indian Tribes, Tribal Organizations, or individuals in accordance with the 258 requirements of §§ 3(c) and 3(d) of the NAGPRA and implementing regulations 259 found at 43 CFR Part 10 to address the treatment of Native American burials and 260 related cultural items that may be discovered during implementation of this MOA.
DISCOVERIES AND UNANTICIPATED EFFECTS. If District 3, in conjunction with the County, determines after construction of the Undertaking has commenced, that either the Undertaking will affect a previously unidentified property that may be eligible for the National Register, or affect a known historic property in an unanticipated manner, the County will address the discovery or unanticipated effect in accordance with Stipulation XV.B of the Section 106 PA. District 3 at its discretion may hereunder and pursuant to 36 CFR §800.13(c) assume any discovered property to be eligible for inclusion in the National Register.
DISCOVERIES AND UNANTICIPATED EFFECTS. A. The Grantee shall notify the LHDC and the SHPO immediately if it appears that a proposed undertaking will cause adverse effects on a previously unidentified property or resource that may be eligible for listing on the NRHP or the LHD, or cause effects to a known historic property or resource in an unanticipated manner.
B. The Grantee shall stop construction activities in the vicinity of the discovery and will take measures to avoid or minimize harm to the Property until the Grantee concludes consultation with the LHDC and the SHPO. The Grantee shall consult with the LHDC and the SHPO to develop actions that will take the effects of the proposed undertaking on the Property into account.
C. The Grantee shall notify LHDC and the SHPO of any time constraints, and the Grantee and the LHDC and the SHPO will mutually agree upon a time frame for this consultation, which shall not exceed thirty
