Late Discoveries Clause Samples

Late Discoveries. 1. If previously unidentified archaeological or historic properties, or unanticipated effects, are discovered after NCDOT has completed its review under this PA and the project is under construction, that portion of the undertaking shall stop immediately. 2. No further construction in the area of discovery shall proceed until the requirements of 36 CFR 800.13 have been satisfied, including consultation with tribes that may attach traditional cultural and religious significance to the discovered property. 3. NCDOT shall consult with SHPO, lead federal agency, and tribes, as appropriate, to record, document, and evaluate NRHP eligibility of the property and the undertaking’s effects on the property, and to design a plan for avoiding, minimizing, or mitigating adverse effects on the eligible property. 4. If neither SHPO, lead federal agency nor a tribe files an objection within 72 hours of NCDOT’s plan for addressing the discovery, NCDOT may carry out the requirements of 36 CFR 800.13, and ACHP does not need to be notified.

Late Discoveries. 1. If previously unidentified historic properties, or unanticipated effects, are discovered after WSDOT has completed its review under this Agreement, the contractor for the project shall immediately halt construction in that portion of the project in accordance with the WSDOT Standard Specification in 1-07.16

Late Discoveries. 1. If previously unidentified archaeological or historic properties, or unanticipated effects are discovered during construction that portion of the project will stop immediately. For the inadvertent finds processes for human remains and archaeological sites, see Attachments B and C. 2. No further construction in the area of discovery will proceed until the requirements of 36 C.F.R. § 800.13 have been satisfied, including consultation with Tribes that may attach traditional cultural and religious significance to the discovered property. Tribes that are invited signatories or concurring parties to this Agreement are presumed to be tribes that may attach traditional cultural and religious significance to the discovered property for purposes of late discoveries. 3. MDOT will consult with the SHPO and Tribes, as appropriate, to record, document, and evaluate NRHP eligibility of the property and the project's effect on the property, and to design a plan for avoiding, minimizing, or mitigating adverse effects on the eligible property. 4. If neither the SHPO nor any Tribe files an objection within 72 hours of the receipt of MDOT's plan for addressing the discovery, MDOT may carry out the requirements of 36 C.F.R. § 800.13 on behalf of FHWA and is not required to notify the ACHP.

Late Discoveries. If any unanticipated discoveries of historic properties or archaeological sites are encountered during the implementation of this undertaking, PennDOT shall suspend work in the area of the discovery, and PennDOT shall immediately notify the FHWA. In compliance with 36 CFR § 800.13, FHWA shall notify, within 24 hours, the ACHP, the SHPO, and, if applicable, federally recognized Tribal Nations that attach religious and/or cultural significance to the affected property. The SHPO, the FHWA, PennDOT, and Tribal representatives, as appropriate, may conduct a joint field view within 72 hours of the notification to the FHWA. The FHWA, in consultation with the appropriate parties, will determine an appropriate treatment of the discovery prior to the resumption of construction activities within the area of discovery.

Late Discoveries. 2 3 For a discovery occurring after completion of reviews under this PA, PRHTA will 4 ensure the following steps are carried out: 6 1. The construction contractor immediately ceases all ground-disturbing activity 7 in the immediate area of the discovery and secures the discovery location from 8 further disturbance. 9 10 2. The construction contractor notifies PRHTA. PRHTA will notify SHPO and 11 the applicable Lead Federal Agency. 12 13 3. A qualified professional will inspect the discovery within 48 hours of the 14 discovery and record its nature, extent, age, and integrity in sufficient detail to 15 provide a recommendation on National Register eligibility and effect. Within

Late Discoveries. If unanticipated cultural materials (e.g., large, intact artifacts or animal bones; large clusters of artifacts or animal bones; large soil stains or patterns of soil stains; buried brick or stone structures; clusters of brick or stone) or human skeletal remains are discovered prior to or during land altering or construction activities, then GCRA will temporarily halt any activities and immediately notify the SHPO of the late discoveries. A minimum 50-foot buffer shall be immediately established around the cultural materials by the construction project manager. The buffer will be flagged by appropriate personnel. All project personnel will be notified by GCRA that no land altering activities will be allowed within this buffer zone until the course of action hereinafter described has been established. The halt will afford the SHPO the opportunity to assess the situation and recommend a course of action within two (2) business days of such notification. If human remains are found or suspected, they should be left in place and protected until appropriate consultation is completed. GCRA is responsible for notifying the SHPO, the local coroner or medical examiner, and interested parties, such as Native American tribes, of the find to initiate consultation. Please note that human remains and burial grounds are subject to South Carolina law that addresses abandoned cemeteries and burials, including but not limited to S.C. Code of Laws §§ 27-43-10 to - 40; ▇▇-▇▇-▇▇▇; 6-1-35; ▇▇-▇▇-▇▇▇; ▇▇-▇▇-▇▇▇; and S.C. Code of Regulations §§ 61-19-28 to -29.

Late Discoveries. 1. If previously unidentified archaeological or historic properties, or unanticipated effects are discovered during construction, that portion of the project will stop immediately. 2. No further construction in the area of discovery will proceed until the requirements of 36 C.F.R. § 800.13 have been satisfied, including consultation with Tribes that may attach traditional cultural and religious significance to the discovered property. 3. RIDOT will consult with the SHPO and Tribes, as appropriate, to record, document, and evaluate NRHP eligibility of the property and the project's effect on the property, and to design a plan for avoiding, minimizing, or mitigating adverse effects on the eligible property. 4. If neither the SHPO nor any Tribe files an objection within 72 hours of the receipt of ▇▇▇▇▇'s plan for addressing the discovery, RIDOT may carry out the requirements of 36 C.F.R. § 800.13 on behalf of FHWA and is not required to notify the ACHP.

Late Discoveries. 1. If previously unidentified archaeological or historic properties, or unanticipated effects, are discovered after MaineDOT has completed its review under this Agreement, that portion of the project will stop immediately, in accordance with 2. No further construction in the area of discovery will proceed until the requirements of 36 CFR 800.13 have been satisfied, including consultation with Tribes that may attach traditional cultural and religious significance to the discovered property. 3. MaineDOT, in coordination with the Lead Federal Agency, will record, document, and evaluate NRHP eligibility of the property and the project's effect on the property, then consult with SHPO and Tribes and notify other Consulting Parties, as appropriate, regarding design of a plan for avoiding, minimizing, or mitigating adverse effects on any eligible property. 4. If neither the SHPO nor a Tribe files an objection within 72 hours of Maine DOT's plan for addressing the discovery, MaineDOT may carry out the requirements of 36 CFR 800.13 on behalf of the Lead Federal Agency, and the ACHP does not need to be notified.

Late Discoveries. If previously unidentified archaeological or historic properties, or unanticipated effects, are discovered after NDDOT has completed its review under this Agreement, that portion of the project will stop immediately, the area will be protected, and the NDDOT cultural resource staff will be notified. No further construction in the area of the discovery will proceed until the requirements of 36 CFR 800.13 have been satisfied, including consultation with Tribes that may attach traditional cultural and religious significance to the discovered property. NDDOT will consult with SHPO and Tribes, as appropriate to record, document, and evaluate or assume NRHP eligibility of the property and the project’s effect on the property, and to design a plan for avoiding, minimizing, or mitigating adverse effects on the eligible property. If neither the SHPO nor a Tribe files an objection within 72 hours of NDDOT’s plan for addressing the discovery, NDDOT may carry out the requirements of 36 CFR 800.13 on behalf of FHWA, and ACHP does not need to be notified.