DISCOVERY SITUATIONS Clause Samples

DISCOVERY SITUATIONS. On public, private or state lands, if NRCS is providing financial assistance and has control of the outcome of the project, the agency assumes the lead agency status for cultural resources compliance. Depending on which agency has decision making control of the outcome of a project, whether by financial responsibility or edict, if another federal agency is cooperating in the same project and wishes to assume the lead role, written documentation on the designation of the lead agency accepting that responsibility and the corresponding agency official who shall act in their behalf shall be provided to the SHPO allowing NRCS to defer its Section 106 NHPA responsibilities to the other agency and still be able to fulfill its Section 106 NHPA obligations. If, under these situations, a lead federal agency is not designated, NRCS remains individually responsible for their compliance with this part. If inadvertent discoveries of human remains and/or associated funerary objects are identified in the APE, all activities will cease in the vicinity of the find. Though policy requires at least 50’ or more around the site of each discovery, that buffer may be refined as NRCS works with its consulting parties. As the lead agency, NRCS, in concert with the SHPO, THPO(s), or tribal representative(s) and other consulting parties, shall ensure that consultation is conducted during this process. a. NRCS personnel are required to prevent further excavation or disturbance of a site or any nearby area reasonably suspected to overlie adjacent human remains. b. NRCS shall contact the SHPO, THPO, tribes, County Coroner, and local law enforcement within 24 hours of the discovery c. If it is determined that the remains and associated grave goods are of Native American descent or cultural affiliation, NRCS will coordinate with its consulting parties to develop a treatment plan and as per procedures outlined with NAGPRA and RCW 27.44 for the handling and disposition of these materials. NRCS will also contact ACHP to describe the proposed actions to mitigate adverse effects and request ACHP comments. THPOs, tribes, and ACHP have 30 days to respond and provide final comments to NRCS. d. If remains are not of Native American descent and are not part of an ongoing police investigation, NRCS will continue to consult and develop an appropriate plan to treat the remains for reburial, recovery, or protection in situ. For discoveries other than those that contain human remains, NRCS will halt act...

DISCOVERY SITUATIONS. A. On discovery of any artifact or other evidence, by anyone associated with the Undertaking, indicating the possibility of a buried or previously unidentified potential historic property, other than isolates: 1. The County will immediately stop all surface disturbing activities within 30 feet of the location of the discovery; 2. The County will notify the designated Corps contact and the County’s archaeologist to evaluate the discovery;

DISCOVERY SITUATIONS. There is some potential for encountering previously unrecorded properties or for affecting properties in an unanticipated manner during the course of hazardous fuels reduction treatments. Previously unrecorded properties that are encountered during the course of a WUI Project shall be protected in the same manner as other properties, using the protection measures in Appendix

DISCOVERY SITUATIONS. Previously unrecorded properties that are encountered during the course of implementing a ground- disturbing activity associated with travel management shall be protected in the same manner as other eligible or unevaluated properties, using the protection measures in Section IX above. If a Forest determines that an eligible or unevaluated property has been damaged, the Forest shall halt all activities in the area of actual or possible damage and shall notify SHPO and any affected tribes concerning proposed actions to resolve adverse effects. The SHPO shall respond within 48 hours of notification. The Forest shall carry out the agreed-upon actions.

DISCOVERY SITUATIONS. There is some potential for encountering previously unrecorded properties or for affecting properties in an unanticipated manner during the course of noxious weed control activity implementation. Previously unrecorded properties that are encountered during the course of a noxious weed control activity shall be protected in the same manner as other eligible or unevaluated properties, using the protection measures in Item 6 above. If a Forest determines that an eligible or unevaluated property has been damaged, the Forest shall halt all activities that could result in further damage to the property and shall notify SHPO and any affected tribes concerning proposed actions to resolve adverse effects. The SHPO shall respond within 48 hours of notification. The Forest shall carry out the agreed-upon actions.

DISCOVERY SITUATIONS. The BLM and SHPO have agreed upon a standard discovery plan for inclusion in this Protocol, see Appendix K. A Field Office may use this discovery plan without additional SHPO consultation. The BLM will encourage development of undertaking-specific discovery plans for large and complex undertakings and location specific plans for areas known to contain buried archaeological sites. Undertaking and/or location specific discovery plans will be forwarded to the SHPO in Cheyenne for a 30 day review along with BLM’s determination of effect for the undertaking. If SHPO does not respond within 30 days, BLM may assume concurrence with the discovery plan. When a discovery plan has been accepted by BLM and SHPO, the BLM will follow the plan when cultural resources are discovered during implementation of an undertaking. The BLM shall make reasonable efforts to avoid and minimize adverse effects to such properties until treatment is completed in accordance with the discovery plan.

DISCOVERY SITUATIONS. Previously unrecorded cultural materials or human remains that are discovered during the course of road maintenance shall be protected and all activity that could result in disturbance to the property shall halt, and the Forest Archaeologist shall be notified immediately. If the Forest Archaeologist determines that a property is eligible and will be impacted, the Forest shall notify the SHPO of the discovery and the proposed action.

DISCOVERY SITUATIONS. Previously unrecorded properties that are encountered during the course of implementing a ground-disturbing range management activity shall be protected in the same manner as other eligible or unevaluated properties, using the protection measures in Item VI above. If a Forest determines that an eligible or unevaluated property has been damaged, the Forest shall halt all activities that could result in further damage to the property and shall notify SHPO and any affected tribes concerning proposed actions to resolve adverse effects. The SHPO shall respond within 48 hours of notification. The Forest shall carry out the agreed-upon treatment actions.

DISCOVERY SITUATIONS. Pursuant to 36 CFR 800.11, if cultural material is discovered during the implementation of the project, the FHWA shall ensure that all construction activities will cease in the area of the discovery and the SHPO, the Caddo Tribe, and other interested parties shall be notified. The FHWA, through consultation with the Caddo Tribe and the SHPO, will determine eligibility of the discovered properties for the Register and the treatment of historic properties. The Caddo Tribe will be provided with an opportunity to review and comment on proposed treatment measures. Disputes arising from such review will be resolved in accordance with Stipulation XIII below.