Common use of Discoveries Without Prior Planning Clause in Contracts

Discoveries Without Prior Planning. 1. If a plan for subsequent discoveries is not in place and a project or activity affects a previously unidentified state-owned cultural resource or affects a known state-owned historical resource in an unanticipated manner, the Caltrans District shall promptly stop construction activity in the vicinity of the property and implement all reasonable measures needed to avoid, minimize, or mitigate further harm to the resource. 2. Within 48 hours of the discovery, the Caltrans District shall assess the discovery and, if determined to be potentially eligible, provide initial notification to CSO and the SHPO, and may, as appropriate, notify any Indian tribe that might attach religious or cultural significance to the affected property, or any other interested party that may have a demonstrated interest in potentially affected properties. Notification shall include, to the extent such information is available: description of the nature and extent of the cultural resource(s), assessment of NRHP and CHL eligibility of any properties, the type and extent of any damage to the resource(s), the proposed action, any prudent and feasible treatment measures that would take any effects into account, and a request for comments. Caltrans, at its discretion, may furnish this information through correspondence, hard copy, electronic media, telephone, or meetings, taking into account the capabilities of the interested parties and must document this process for the administrative record. Caltrans may assume eligibility, for purposes of the project or activity, of any potentially affected cultural resource(s) and proceed with the provisions of this sub-part. 3. Should any of the notified parties respond with comments within 72 hours of the initial notification of the discovery or indicate that they wish to be involved in resolving the situation; the Caltrans District shall take into account their comments or continue consultation with any commenting parties. Caltrans shall provide any remaining information specified in subpart 2, above, as it becomes available. The Caltrans District shall determine the time frame for any further consultation, taking into account the qualities of the property, consequences of construction delays, and comments by interested parties. Following the conclusion of any further consultation, Xxxxxxxx shall take all comments received into account and may carry out actions to resolve any effects. Failure of any notified party to respond within 72 hours of the notification shall not preclude Caltrans from proceeding with their proposed actions.

Discoveries Without Prior Planning. 1. If a plan for subsequent discoveries is not in place and a project or activity an undertaking affects a previously unidentified state-owned cultural resource property or affects a known state-owned historical resource historic property in an unanticipated manner, the Caltrans District shall promptly stop construction activity in the vicinity of the property and implement all reasonable measures needed to avoid, minimize, or mitigate further harm to the resourceproperty. 2. Within 48 hours of the discovery, the Caltrans District shall assess the discovery and, if determined to be potentially eligible, provide initial notification to CSO and CSO, the SHPO, and mayFHWA where responsibility for environmental review has not been assigned, as appropriate, notify any Indian tribe that might attach religious or cultural significance to the affected property, the federal agency if federal lands are involved and the federal agency has designated Caltrans lead pursuant to 36 CFR § 800.2(a)(2), the Corps District if within a DA Permit area, or any other interested consulting party that may have a demonstrated interest in potentially affected properties. Notification shall include, to the extent such information is available: description of the nature and extent of the cultural resource(s)property or properties, assessment of NRHP and CHL eligibility of any properties, the type and extent of any damage to the resource(s)property, the proposed action, any prudent and feasible treatment measures that would take any effects into account, and a request for comments. Caltrans, at its discretion, Caltrans may furnish this information through correspondence, hard copy, electronic media, telephone, or meetings, at its discretion taking into account the capabilities of the interested consulting parties and must document this process for the administrative record. Caltrans may assume eligibility, for purposes of the project or activity, eligibility of any potentially affected cultural resource(s) property and proceed with the provisions of this sub-part. 3. Should any of the notified parties respond with comments within 72 hours of the initial notification of the discovery or indicate that they wish to be involved in resolving the situation; , the Caltrans District shall take into account their comments or continue consultation with any commenting parties. Caltrans shall provide any remaining information specified in subpart 2, above, as it becomes available. The Caltrans District shall determine the time frame for any further consultation, taking into account the qualities of the property, consequences of construction delays, and comments by interested interests of consulting parties. Following the conclusion of any further consultation, Xxxxxxxx shall take all comments received into account and may carry out actions to resolve any effects. Failure of any notified party to respond within 72 hours of the notification shall not preclude Caltrans from proceeding with their proposed actions. 4. If a National Historic Landmark is affected, the Caltrans District shall include the Secretary of the Interior and the ACHP in the notification process.

Discoveries Without Prior Planning. 1. If a plan for subsequent discoveries is not in place and a project or activity an undertaking affects a previously unidentified state-owned cultural resource property or affects a known state-owned historical resource historic property in an unanticipated manner, the Caltrans District shall promptly stop construction activity in the vicinity of the property and implement all reasonable measures needed to avoid, minimize, or mitigate further harm to the resourceproperty. 2. Within 48 hours of the discovery, the Caltrans District shall assess the discovery and, if determined to be potentially eligible, provide initial notification to CSO and CSO, the SHPO, and mayFHWA where responsibility for environmental review has not been assigned, as appropriate, notify any Indian tribe that might attach religious or cultural significance to the affected property, the federal agency if federal lands are involved and the federal agency has designated Caltrans lead pursuant to 36 CFR § 800.2(a)(2), the Corps District if within a DA Permit area, or any other interested consulting party that may have a demonstrated interest in potentially affected properties. Notification shall include, to the extent such information is available: description of the nature and extent of the cultural resource(s)property or properties, assessment of NRHP and CHL eligibility of any properties, the type and extent of any damage to the resource(s)property, the proposed action, any prudent and feasible treatment measures that would take any effects into account, and a request for comments. Caltrans, at its discretion, Caltrans may furnish this information through correspondence, hard copy, electronic media, telephone, or meetings, at its discretion taking into account the capabilities of the interested consulting parties and must document this process for the administrative record. Caltrans may assume eligibility, for purposes of the project or activity, eligibility of any potentially affected cultural resource(s) property and proceed with the provisions of this sub-part. 3. Should any of the notified parties respond with comments within 72 hours of the initial notification of the discovery or indicate that they wish to be involved in resolving the situation; , the Caltrans District shall take into account their comments or continue consultation with any commenting parties. Caltrans shall provide any remaining information specified in subpart 2, above, as it becomes available. The Caltrans District shall determine the time frame for any further consultation, taking into account the qualities of the property, consequences of construction delays, and comments by interested interests of consulting parties. Following the conclusion of any further consultation, Xxxxxxxx Caltrans shall take all comments received into account and may carry out actions to resolve any effects. Failure of any notified party to respond within 72 hours of the notification shall not preclude Caltrans from proceeding with their proposed actions. 4. If a National Historic Landmark is affected, the Caltrans District shall include the Secretary of the Interior and the ACHP in the notification process.

Discoveries Without Prior Planning. 1. If a plan for subsequent discoveries is not in place and a project or activity an undertaking affects a previously unidentified state-owned cultural resource property or affects a known state-owned historical resource historic property in an unanticipated manner, the Caltrans District shall promptly stop construction activity in the vicinity of the property and implement all reasonable measures needed to avoid, minimize, or mitigate further harm to the resourceproperty. 2. Within 48 hours of the discovery, the Caltrans District shall assess the discovery and, if determined to be potentially eligible, provide initial notification to CSO and CSO, the SHPO, and mayFHWA where responsibility for environmental review has not been assigned, as appropriate, notify any Indian tribe that might attach religious or cultural significance to the affected property, the federal agency if federal lands are involved and the federal agency has designated Caltrans lead pursuant to 36 CFR § 800.2(a)(2), the Corps District if within a DA Permit area, or any other interested party that may have a demonstrated interest in potentially affected properties. Notification shall include, to the extent such information is available: description of the nature and extent of the cultural resource(s), assessment of NRHP and CHL eligibility of any properties, the type and extent of any damage to the resource(s), the proposed action, any prudent and feasible treatment measures that would take any effects into account, and a request for comments. Caltrans, at its discretion, may furnish this information through correspondence, hard copy, electronic media, telephone, or meetings, taking into account the capabilities of the interested parties and must document this process for the administrative record. Caltrans may assume eligibility, for purposes of the project or activity, of any potentially affected cultural resource(s) and proceed with the provisions of this sub-part.consulting 3. Should any of the notified parties respond with comments within 72 hours of the initial notification of the discovery or indicate that they wish to be involved in resolving the situation; , the Caltrans District shall take into account their comments or continue consultation with any commenting parties. Caltrans shall provide any remaining information specified in subpart 2, above, as it becomes available. The Caltrans District shall determine the time frame for any further consultation, taking into account the qualities of the property, consequences of construction delays, and comments by interested interests of consulting parties. Following the conclusion of any further consultation, Xxxxxxxx shall take all comments received into account and may carry out actions to resolve any effects. Failure of any notified party to respond within 72 hours of the notification shall not preclude Caltrans from proceeding with their proposed actions. 4. If a National Historic Landmark is affected, the Caltrans District shall include the Secretary of the Interior and the ACHP in the notification process.

Discoveries Without Prior Planning. 1. If a plan for subsequent discoveries is not in place and a project or activity affects a previously unidentified state-owned cultural resource or affects a known state-state- owned historical resource in an unanticipated manner, the Caltrans District shall promptly stop construction activity in the vicinity of the property and implement all reasonable measures needed to avoid, minimize, or mitigate further harm to the resource. 2. Within 48 hours of the discovery, the Caltrans District shall assess the discovery and, if determined to be potentially eligible, provide initial notification to CSO and the SHPO, and may, as appropriate, notify any Indian tribe that might attach religious or cultural significance to the affected property, or any other interested party that may have a demonstrated interest in potentially affected properties. Notification shall include, to the extent such information is available: description of the nature and extent of the cultural resource(s), assessment of NRHP and CHL eligibility of any properties, the type and extent of any damage to the resource(s), the proposed action, any prudent and feasible treatment measures that would take any effects into account, and a request for comments. Caltrans, at its discretion, may furnish this information through correspondence, hard copy, electronic media, telephone, or meetings, taking into account the capabilities of the interested parties and must document this process for the administrative record. Caltrans may assume eligibility, for purposes of the project or activity, of any potentially affected cultural resource(s) and proceed with the provisions of this sub-part. 3. Should any of the notified parties respond with comments within 72 hours of the initial notification of the discovery or indicate that they wish to be involved in resolving the situation; the Caltrans District shall take into account their comments or continue consultation with any commenting parties. Caltrans shall provide any remaining information specified in subpart 2, above, as it becomes available. The Caltrans District shall determine the time frame for any further consultation, taking into account the qualities of the property, consequences of construction delays, and comments by interested parties. Following the conclusion of any further consultation, Xxxxxxxx shall take all comments received into account and may carry out actions to resolve any effects. Failure of any notified party to respond within 72 hours of the notification shall not preclude Caltrans from proceeding with their proposed actions.

Discoveries Without Prior Planning. 1. If a plan for subsequent discoveries is not in place and a project or activity affects a previously unidentified state-owned cultural resource or affects a known state-owned historical resource in an unanticipated manner, the Caltrans District shall promptly stop construction activity in the vicinity of the property and implement all reasonable measures needed to avoid, minimize, or mitigate further harm to the resource. 2. Within 48 hours of the discovery, the Caltrans District shall assess the discovery and, if determined to be potentially eligible, provide initial notification to CSO and the SHPO, and may, as appropriate, notify any Indian tribe Tribe that might attach religious or cultural significance to the affected property, or any other interested party that may have a demonstrated interest in potentially affected properties. Notification shall include, to the extent such information is available: description of the nature and extent of the cultural resource(s), assessment of NRHP and CHL eligibility of any properties, the type and extent of any damage to the resource(s), the proposed action, any prudent and feasible treatment measures that would take any effects into account, and a request for comments. Caltrans, at its discretion, may furnish this information through correspondence, hard copy, electronic media, telephone, or meetings, taking into account the capabilities of the interested parties and must document this process for the administrative record. Caltrans may assume eligibility, for purposes of the project or activity, of any potentially affected cultural resource(s) and proceed with the provisions of this sub-part. 3. Should any of the notified parties respond with comments within 72 hours of the initial notification of the discovery or indicate that they wish to be involved in resolving the situation; the Caltrans District shall take into account their comments or continue consultation with any commenting parties. Caltrans shall provide any remaining information specified in subpart 2, above, as it becomes available. The Caltrans District shall determine the time frame for any further consultation, taking into account the qualities of the property, consequences of construction delays, and comments by interested parties. Following the conclusion of any further consultation, Xxxxxxxx shall take all comments received into account and may carry out actions to resolve any effects. Failure of any notified party to respond within 72 hours of the notification shall not preclude Caltrans from proceeding with their proposed actions.