Common use of Evaluation of Historic Properties Clause in Contracts

Evaluation of Historic Properties. For each property that is identified within the APE as affected by any activity described as part of Stipulation I.A, the BLM, in consultation with the Consulting Parties, will determine NRHP eligibility pursuant to 36 CFR 800.4(c)(1). These may include properties of religious and cultural significance to Tribes or Tribal Organizations i. Where resources are identified but will be avoided or protected by implementing Standard Protective Measures, the BLM may treat such resources as eligible for inclusion in the National Register without formal evaluation. ii. The BLM will make determinations of NRHP eligibility based on the Evaluation Plan developed as part of the HPMP. iii. The BLM may make determinations of NRHP eligibility prior to completion of the Evaluation Plan. The BLM will apply the criteria for evaluation found in 36 CFR iv. XXX also acknowledges that Tribes and Tribal Organizations possess special expertise in assessing the eligibility of historic properties that may v. The BLM will distribute determinations of NRHP eligibility to Consulting Parties, with confidential or sensitive information redacted pursuant to Stipulation IX.A below, for review and comment following 36 CFR 800.4(c) for a 30 day review period. The BLM will distribute determinations, at a minimum, during any of the regularly scheduled consultation meetings pursuant to Stipulation IV.E, or as necessary based on activities pursuant to Stipulation IV.A. a. The BLM will concurrently request SHPO review and concurrence on the agency proposed determinations of eligibility. b. The BLM will forward to the SHPO all comments received during the 30 day review and comment period. c. After the 30-day comment period, the SHPO will have 10 days to provide any comments on the determination or concur with the BLM’s determination. d. If the SHPO and BLM agree that the cultural resource is not eligible for listing in the NRHP, no further review or consideration under this Agreement will be required for such resources. e. If the SHPO and BLM agree that the property is eligible, then effect determinations will be made in accordance with Stipulation IV.C. f. If the SHPO and BLM do not agree on eligibility, the BLM will consult further with the SHPO. If agreement cannot be reached within 30 days, the BLM will obtain a determination of eligibility from the Keeper of the National Register (Keeper) pursuant to 36 CFR 800.4(c)(2) and 36 CFR Part 63. The Keeper’s determination will be final. g. Pursuant to 36 CFR 800.4(C)(2), if a Tribe or Tribal Organization that attaches religious and cultural significance to a property located off Tribal lands does not agree with the BLM determination of eligibility, the Tribe or Tribal Organization may ask the ACHP to request that the BLM obtain a determination of eligibility from the Keeper.

Evaluation of Historic Properties. For each property that is To the maximum extent feasible, all cultural resources identified within an APE for an Undertaking covered by this Agreement shall be evaluated using the APE as affected by any activity described as part of Stipulation I.ANational Register Criteria for Xxxxxxxxxx [00 XXX Part 60.4], BLM Manual 8110 Identifying and Evaluating Cultural Resources, BLM Manual 8140 Protecting Cultural Resources, the Secretary of Interior’s Standards and Guidelines for Archaeology and Historic Preservation [48 Fed. Reg. 447816], and appropriate National Register Bulletins (NRB) (for example NRB 15, 30 and 38. A. The BLM, in consultation with -Arizona acknowledges that Tribes possess special expertise to contribute to the Consulting Parties, will determine evaluation of potential NRHP eligibility pursuant to 36 CFR 800.4(c)(1). These of cultural resources that may include properties of have religious and cultural significance to Tribes or Tribal Organizations i. Where resources are identified but will be avoided or protected by implementing Standard Protective MeasuresTribes. In evaluating the potential NRHP eligibility of cultural resources, the BLM may treat such resources as eligible for inclusion Agency Official shall make a reasonable and good faith effort to consult with any affected Tribe and determinations made shall reflect the information obtained during that consultation. Consultation on NRHP eligibility shall follow the provisions and timelines outlined in the National Register without formal evaluationStipulations X, XI, and XII. ii. The BLM will make determinations of B. Following the consultation defined in Stipulation VI.A, the Agency Official shall forward NRHP eligibility based on the Evaluation Plan developed as part of the HPMP. iii. The BLM may make determinations of NRHP eligibility prior to completion of the Evaluation Plan. The BLM will apply the criteria for evaluation found in 36 CFR iv. XXX also acknowledges that Tribes and Tribal Organizations possess special expertise in assessing the eligibility of historic properties that may v. The BLM will distribute determinations of NRHP eligibility to Consulting Parties, with confidential or sensitive information redacted pursuant to Stipulation IX.A below, for review and comment following 36 CFR 800.4(c) for a 30 day review period. The BLM will distribute determinations, at a minimum, during any of the regularly scheduled consultation meetings pursuant to Stipulation IV.E, or as necessary based on activities pursuant to Stipulation IV.A. a. The BLM will concurrently request SHPO review and concurrence on the agency proposed determinations of eligibility. b. The BLM will forward to the SHPO all appropriate SHPO(s) along with any comments received during the 30 day review and comment periodconsultation. The SHPO(s) shall have thirty (30) days to comment. c. After 1. If the 30-day comment period, the SHPO will have 10 days to provide any comments on the determination or concur with SHPO(s) and the BLM’s determination. d. If the SHPO and BLM -Arizona agree that the cultural resource is not eligible for listing in the NRHPlisting, no further review or consideration under this Agreement will be required for such resourcesis required. e. 2. If the SHPO BLM-Arizona determines any of the NRHP criteria are met and BLM agree that the appropriate SHPO(s) agree, the property is eligible, then effect determinations will shall be made in accordance with Stipulation IV.C.considered eligible for the NRHP for the purposes of this Agreement. f. 3. If the SHPO BLM-Arizona and BLM the SHPO(s) do not agree on eligibilitythe eligibility determination, or if the ACHP requests, the BLM will consult further with the SHPO. If agreement cannot be reached within 30 days, the BLM will obtain BLM-Arizona shall request a determination of eligibility from the Keeper of the National Register (Keeper) NRHP pursuant to 36 CFR 800.4(c)(2) and 36 CFR Part 63. The Keeper’s determination will be decision is final. g. Pursuant C. Any cultural resources subject to 36 CFR 800.4(C)(2)potential direct, if a Tribe indirect, or Tribal Organization that attaches religious and cultural significance to a property located off Tribal lands does not agree with the BLM determination of eligibility, the Tribe or Tribal Organization may ask the ACHP to request that the BLM obtain a determination of eligibility cumulative effect(s) from the KeeperUndertaking which remain unevaluated following completion of the historic properties identification efforts, shall be treated as eligible for the NRHP for the purposes of this Agreement.