Common use of Other Considerations Clause in Contracts

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee shall notify FEMA and shall require a subgrantee to notify it immediately when a subgrantee proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Roles and Responsibilities, the Grantee shall immediately notify FEMA and require the subgrantee to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes and any other consulting parties. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutes, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient shall notify FEMA and shall require a subgrantee sub-recipient to notify it immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient Roles and Responsibilities, the Grantee Recipient shall immediately notify FEMA and require the subgrantee sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesCommonwealth statute(s), and protect the remains from any harm. Discoveries Notify the SHPO within twenty- four (24) hours of identifying human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicableremains. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes SHPO and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects effect(s) of the Undertaking, resolve adverse effects effect(s) if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In additionnative to Puerto Rico, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, FEMA and SHPO, and affected Tribes, and following applicable State or Tribal guidelinesfederal guidelines (36 CFR Part 79). 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes SHPO and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, facility that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) SHPO and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesub-recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient and shall require that the Grantee Recipient advise its subgrantees sub-recipient in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesSHPO, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesSHPO, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPORecipient, Grantee. appropriate Tribes SHPO and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee subrecipient to notify it immediately when a subgrantee subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee subrecipient of an unexpected discovery, or if it appears that a an Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee subrecipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify cease work at that location immediately and contact the local law enforcement Wisconsin Historical Society Burial Sites Preservation Program office at (000) 000-0000 for further instruction pursuant to Wis. Stat. § 157.70 and coroner/medical examiner in accordance with applicable State statutes, and protect the remains from any harmWis. Admin. Code § HS 2. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee subrecipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Native American, FEMA shall consult with the appropriate Tribal representatives and the SHPO, consistent with all provisions of Wis. Stat. § 157.70 and NAGPRA, if applicable. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be the Wisconsin Archeological Survey’s Guide for Public Archeology in forceWisconsin. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall sha ll require a subgrantee sub-recipient to notify it immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities.responsibilitie s. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate initia te consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes and appropriate Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall sha ll immediately notify the SHPO, participating Tribesand appropriate Tribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/state medical examiner investigator in accordance with applicable State statutesof New Mexico statute(s), and protect the remains and any nearby area that may also contain human remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §§ 3001-3013, ; 18 U.S.C. § 1170) and ARPA, as applicable. Discoveries of huma n remains and associated funerary objects on state or private land shall be subject to XXXX 0000, Section 18-6-11.2 of the New Mexico Cultural Properties Act and its implementing rule in Title 4, Chapter 10, Part 11 of the New Mexico Administra tive Code (NMAC). d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes appropriate Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Native American, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeRecipient(s), in coordination with the SHPO, and affected Tribesappropriate Tribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribesappropriate Tribe(s), and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes appropriate Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.design

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee shall 1. DESPP/DEMHS and DEEP, as appropriate, will notify FEMA and shall require a subgrantee as soon as practicable of any proposed change to notify it immediately when a subgrantee proposes changes to an the approved scope of work for an Undertaking. 1. If FEMA determines may authorize the Subgrantee, through DESPP/DEMHS, and DEEP, as appropriate, to proceed with the change if it meets a Programmatic an Allowance in Appendix B, or has no effect on the property, FEMA shall approve the change. 2. If if the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI the Secretary’s Standards, . FEMA shall conclude its Section 106 review responsibilitiesmay consult again with the SHPO to determine if the change will have an effect on the historic property. 32. If FEMA determines that the change does not meet an Allowance, or if FEMA and SHPO determine that the change cannot be modified to conform to the Secretary’s Standards, FEMA shall initiate adverse effect consultation pursuant to Stipulation II.C, Standard Project ReviewIII.C.6. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discoverySubgrantees are required to notify DESPP/DEMHS, or and DEEP, as appropriate, immediately if it appears that a FEMA funded Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner. 2. DESPP/DEMHS, in accordance with Stipulation I.B.3(e)and DEEP, Grantee Roles and Responsibilitiesas appropriate, the Grantee shall immediately notify FEMA and will require the subgrantee to: a. Stop Subgrantee to immediately stop construction activities in the vicinity of the discovery. b. Take discovery and take all reasonable measures to avoid or minimize harm to the property until DEMHS or DEEP, as appropriate, notifies the Subgrantee that FEMA has completed consultation with the SHPO, participating Tribes SHPO and any other consulting parties. 3. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating TribesDESPP/DEMHS, and other consulting parties that may have an interest in DEEP, as appropriate, will notify FEMA immediately of the discovery, previously unidentified property or unexpected effectseffects so that FEMA may take prompt action to address the emergency nature of the situation. 4. FEMA will notify the SHPO and other interested parties of the discovery, at the earliest possible time, and consult to evaluate the discovery for National Register eligibility or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutes, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject develop actions to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary. FEMA will notify the SHPO of any time constraints, and ensure compliance with applicable Federalall parties will mutually agree upon timeframes for this consultation. DESPP/DEMHS and DEEP, Stateas appropriate, and local statutesthe Subgrantee will participate in this consultation in keeping with their level of responsibility for project implementation. FEMA will provide the SHPO with written recommendations to take into account the effects of the Undertaking. Recognizing the need for swift resolution, the SHPO will respond to the written recommendation within five (5) days of its receipt. ii5. If the SHPO does not object to FEMA’s recommendations within the agreed upon timeframe, FEMA shall coordinate with will require the Grantee Subgrantee, through DESPP/DEMHS, and the subgrantee regarding any needed modification DEEP, as appropriate, to modify the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with recommendations. If the Undertaking. iii. In cases where discovered human remains are determined SHPO objects to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instancesrecommendations, FEMA and the GranteeSHPO will consult further to resolve this objection through actions including, in coordination with the SHPObut not limited to, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and identifying project alternatives that may result in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the having no adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999))historic properties, or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking proceeding in accordance with Stipulation II.C, Standard Project ReviewIII.C.6. ii6. If after coordination human remains are discovered during the course of project implementation, the Subgrantee shall immediately stop construction activities in the vicinity of the discovery and comply with the SHPO requirements of Connecticut General Statute, Section 10-388 et seq (Human burials) by immediately notifying the Office of the Medical Examiner and appropriate TribesOffice of the State Archaeologist of the discovery. In turn, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review processDESPP/DEMHS, and DEEP, as appropriate, will notify FEMA immediately and require the applicable Subgrantee to cease all project activities in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm until FEMA program shall take consults with the outcome into account before making Office of the State Archaeologist and receives notification that a decision whether to fund the Undertaking. FEMA shall provide written notification suitable plan of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review action has been developed in accordance with this stipulation are included in state law. The signatories will consult to determine the annual reportappropriate implementation of the plan of action.

Other Considerations. ‌ A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee subrecipient to notify it immediately when a subgrantee subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee subrecipient of an unexpected discovery, or if it appears that a an Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee subrecipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesor Commonwealth statute(s), and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee subrecipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in forcethe Michigan Attorney General’s Opinion No. 6585 (June 7, 1989) regarding the disinterment and reinterment of human remains. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee sub-recipient to notify it immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesstatute(s), and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) ); the West Virginia Code, related to the “Protection of human skeletal remains, grave artifacts and grave markers; permits for excavation and removal; penalties.” (§29-1-8a); and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Native American, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeRecipient(s), in coordination with the SHPO, and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. FEMA shall ensure that all collection materials are prepared for curation in accordance with the standards of the chosen repository. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for Phase I, II, and III Archaeological Investigations and Architectural Resource Identification Studies,” Technical Report Preparation, ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA FEMA’s acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesub- recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient(s) and shall require that the Grantee Recipient(s) advise its subgrantees sub-recipients in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes Tribe(s) and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee Subrecipient to notify it immediately when a subgrantee Subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Secretary’s Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an a Programmatic Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee Recipient or Subrecipient of an unexpected discovery, or if it appears that a an Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee Recipient or Subrecipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with provisions of applicable laws of the State statutesof Vermont, including 13 VSA 3761 (Unauthorized Removal of Human Remains), 13 VSA 3764 (Cemeteries and Monuments – Grave markers and historic tablets) and 18 VSA 5212 (Permit to Remove Dead Bodies), or of supplanting laws or regulations, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee Subrecipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeRecipient(s), in coordination with the SHPO, and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for Conducting Archaeology in Vermont, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- Fed. Reg. 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR C.F.R. Part 79, “79 (Curation of Federally Owned and Administered Archaeological Collections,” ) and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant provide assistance to the Recipient of a subgrantee Subrecipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, the Recipient(s), appropriate Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteeRecipient or Subrecipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient(s) and shall require that the Grantee Recipient(s) advise its subgrantees Subrecipients in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee Subrecipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR C.F.R. § 800.12(d); or or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall elect to coordinate with the Grantee, SHPO and appropriate Tribes Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review processprocess and inform the Federal Preservation Officer (FPO) of the outcome, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the Recipient(s), SHPO, Grantee. appropriate Tribes Tribe(s) and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee shall 1. SDOEM will notify FEMA and shall require a subgrantee as soon as practicable of any proposed change to notify it immediately when a subgrantee proposes changes to an the approved scope of work for an Undertaking. 1Undertaking related to a historic property. If FEMA determines may authorize SDOEM to proceed with the change if it meets a Programmatic an Allowance in Appendix B, or has no effect on the property, FEMA shall approve the change. 2. If if the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI the Secretary’s Standards, . FEMA shall conclude its Section 106 review responsibilitiesmay consult again with SHPO to determine if the change will have an effect on the historic property. 32. If FEMA determines that the change does not meet an Allowance, or if FEMA and SHPO determine that the change cannot be modified to conform to the Secretary’s Standards, FEMA shall initiate adverse effect consultation pursuant to Stipulation II.C, Standard Project ReviewIII.C.6. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or Subgrantees are required to notify SDOEM immediately if it appears that a FEMA funded Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Roles and Responsibilities, the Grantee shall immediately notify FEMA and . 2. SDOEM will require the subgrantee to: a. Stop Subgrantee to immediately stop construction activities in the vicinity of the discovery. b. Take discovery and take all reasonable measures to avoid or minimize harm to the property until SDOEM notifies the Subgrantee that FEMA has completed consultation with the SHPO, participating Tribes SHPO and any other consulting parties. 3. Upon notification by SDOEM will notify FEMA immediately of the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effectseffects so that FEMA may take prompt action to address the emergency nature of the situation. 4. FEMA will notify SHPO and other interested parties of the discovery, at the earliest possible time, and consult to evaluate the discovery for National Register eligibility or develop actions to take into account the effects of the Undertaking. FEMA will notify SHPO of any time constraints, and all parties will mutually agree upon timeframes for this consultation. SDOEM and the Subgrantee will participate in this consultation in keeping with their level of responsibility for project implementation. FEMA will provide SHPO with written recommendations to take into account the effects of the Undertaking. Recognizing the need for swift resolution, SHPO will respond to the written recommendation within five (5) days of its receipt. 5. If SHPO does not object to FEMA’s recommendations within the agreed upon timeframe, FEMA will require SDOEM, to modify the scope of work to implement the recommendations. If the SHPO objects to the recommendations, FEMA and SHPO will consult further to resolve this objection through actions including, but not limited to, identifying project alternatives that may result in the Undertaking having no adverse effect on historic properties, or proceeding in accordance with Stipulation III.C.6. c. 6. If human remains are discovereddiscovered during the course of project implementation, notify SDOEM shall immediately stop construction activities in the local law enforcement office vicinity of the discovery and coroner/medical examiner follow the guidance outlined in accordance with applicable State statutesthe NPS publication National Register Bulletin 41: Guidelines for Evaluating and Registering Cemeteries and Burial Places, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to consider the Native American Xxxxxx Protection and Repatriation Act of 1990 (NAGPRA) (25 U.S.C. §3001PL 101-3013160), 18 U.S.C. § 1170) and ARPAas appropriate, as applicable. d. Assist the Code of South Dakota Regulations, which requires the reporting of discovered human remains to law enforcement officials and the State Department of Health [South Dakota Statutes – ????]. In turn, SDOEM will notify FEMA immediately and require the sub-grantee to cease all project activities in completing the following actions, as required: i. vicinity of the discovery and take all reasonable measures to avoid or minimize harm until FEMA shall consult consults with the SHPO, participating Tribes Office of the State Archaeologist and other consulting parties receives notification that a suitable plan of action has been developed in accordance with state law. The signatories will consult to determine the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects appropriate implementation of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutesplan of action. iiC. Anticipatory Actions and After the Fact Review 1. FEMA shall coordinate with the Grantee specifically advise SDOEM and the subgrantee regarding any needed modification to the scope of work for shall require that SDOEM advise its Subgrantees in writing that they may not initiate the Undertaking necessary for which they are seeking Federal funding prior to implement recommendations of the consultation and facilitate proceeding compliance with the Undertaking. iiithis Agreement. In cases where discovered human remains SDOEM also shall advise its Subgrantees in writing that they may jeopardize Federal funding if activities are determined initiated prior to be American Indian FEMA shall consult compliance with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelinesthis Agreement. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee Subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteeSubgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee Subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine will determine if the Undertaking is of a type for which FEMA has no further would have required Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation review in accordance with 36 CFR § 800.12(d); orStipulation III.C, Standard Project Review. iii4. A Programmatic Allowance as described under If FEMA determines no Section 106 review or consultation with SHPO would have been required pursuant to Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a.III.C, aboveStandard Project Review, FEMA shall will document this determination in to the project files, files and consider the Undertaking project Section 106 compliant. c. 5. If FEMA determines the Undertaking would have required Section 106 reviewconsultation, FEMA shall will coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. a. If after coordination with the SHPO and appropriate TribesSHPO, FEMA determines that consultation is feasible, FEMA shall review the Undertaking will be reviewed in accordance with Stipulation II.CIII.C, Standard Project Review. ii. b. If after coordination with the SHPO and appropriate TribesSHPO, FEMA determines that review is infeasible, FEMA shall will document that the outcome to the project is noncompliant with Section 106 review process106, and the applicable FEMA program shall take the outcome into account before making then will make a decision whether to fund the Undertakingfunding eligibility decision. 6. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall will ensure that all Undertakings considered for after the after-the-fact review in accordance with this stipulation are included in the annual report. D. Non-Disclosure of Protected Information 1. Draft Determinations of Eligibility and Determinations of Effects Documents a. These documents are pre-decision documents and do not necessarily represent FEMA’s final decision. Such documents are protected from disclosure to outside third parties under exemptions to the Freedom of Information Act, 5 U.S.C. 552 a. 2. Archaeological Site Forms, Archaeological Management Summaries, Draft Reports and some Final Reports a. If disclosure of the information to outside third parties would cause a significant invasion of privacy, risk harm to historic resources, or impede the use of a traditional religious site by practitioners, FEMA shall invoke document protections authorized under Section 304 of the National Historic Preservation Act, 16 U.S.C. 470 and 36 CFR 800.11 (c) E. Curation 1. FEMA and SDOEM shall work with SHPO to ensure that all records produced during the course of an archaeological survey, testing, and any data recovery operations, related to the implementation of its Undertakings, are curated at an acceptable repository within the State of South Dakota and in accordance with 36 C.F.R. Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and relevant State Archaeologist’s requirements.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient shall notify FEMA and shall require a subgrantee sub-recipient to notify it immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic an Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic an Allowance, or conform to any applicable SOI SOI’s Standards, FEMA shall conclude complete its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.CII.D., Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient Roles and Responsibilities, the Grantee Recipient shall immediately notify FEMA and require the subgrantee sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes organization(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating Tribesorganization(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutes, Virgin Islands Territorial statute(s) and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001U.S.C.§3001-3013, 18 U.S.C. § §1170) and Archeological Resources Protection Act of 1979 (ARPA), as applicable... d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes SHPO and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, StateTerritorial, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In additiondiscovered, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any stateterritory-specific policies that may be in force. C. Curation 1. In cases where archaeological archeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeRecipient, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, and SHPO, and affected Tribes, and following applicable State or Tribal USVI guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall will consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for Conducting Archaeological Studies, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall will be curated at a facility, preferably in- in-state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal US-VI requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k110(K) of the NHPA, FEMA shall not grant assistance to a subgrantee sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) SHPO and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesub-recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient and shall require that the Grantee Recipient advise its subgrantees sub-recipients in writing that they may jeopardize Federal funding if work is performed without all required local, StateUSVI, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A.II.B. b. In any such cases cases, listed in Stipulation III.D.3.a., III.D.2. above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesSHPO, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.CII.D., Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesSHPO, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPORecipient, Grantee. appropriate Tribes SHPO and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. ‌ A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee subrecipient to notify it immediately when a subgrantee subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review.. --DRAFT-- B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee subrecipient of an unexpected discovery, or if it appears that a an Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee subrecipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesor Commonwealth statute(s), and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee subrecipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking.. --DRAFT-- iii. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in forcethe Michigan Attorney General’s Opinion No. 6585 (June 7, 1989) regarding the disinterment and reinterment of human remains. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Grantee(s) shall notify FEMA and shall require a subgrantee to notify it immediately when a subgrantee proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Grantee(s) Roles and Responsibilities, the Grantee Grantee(s) shall immediately notify FEMA and require the subgrantee to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes OAS, and any other consulting parties. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating TribesOAS, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance examiner. Should the discovery be located on private, local, or State government land, the Grantee will ensure that the Applicant complies with applicable State statutesthe Burial Desecration Law, Oklahoma Statute Title 21 Chapter 47 (Section 1168.0 - 1168.6), and protect the remains from any harmOklahoma Antiquities Law, Oklahoma Statute Chapter 20 (Section 361). Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and the Archaeological Resources Protection Act (ARPA) (16 U.S.C. §§ 470aa–470mm), as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes OAS, and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Grantee(s) and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeGrantee(s), in coordination with the SHPO, and affected TribesOAS, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Grantee(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesOAS, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes OAS, and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsSecretary of the Interior's Standards and Guidelines for Archaeological Documentation, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- in­ state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) OAS, and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Grantee(s) and shall require that the Grantee Grantee(s) advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7I.A.8; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes OAS to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesOAS, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesOAS, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes OAS and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee OEM shall notify FEMA and shall require a subgrantee sub- recipient to notify it immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee OEM Roles and Responsibilities, the Grantee OEM shall immediately notify FEMA and require the subgrantee sub- recipient to: a. Stop construction activities in the vicinity of the discovery.; and b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes affected Tribe(s), and any other consulting parties. Upon notification by the Grantee OEM of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties.; and c. If human remains are discovered, notify the local and state law enforcement office office, affected Tribe(s), Commission on Indian Services, and coroner/medical examiner SHPO and treat remains and associated funerary objects in accordance with applicable State statutesOregon Revised Statutes 97.740-760 when on non-Federal, public, or private lands; and protect the remains from any further harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §§ 3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable.; and d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee OEM and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Native American, FEMA shall consult with the Commission on Indian Services, the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner, unless covered under ORS97.740. In such instances, FEMA and the GranteeOEM, in coordination with the SHPO, and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee OEM shall ensure that recovered artifacts and related documentation are curated in a suitable repository federally approved repository, such as the Oregon Museum of Natural and Cultural History, as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following follow applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, after evaluating various treatment measures, FEMA may treat mitigate the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for Conducting Field Archaeology in Oregon (revised 2015), Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, facility that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements, such as the Oregon Museum of Natural and Cultural History. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate affected Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesub- recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee advise, and shall require that the Grantee OEM advise its subgrantees sub-recipients in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., aboveIII.D.3(a), FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes affected Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate participating Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribesparticipating Tribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and inform its Federal Preservation Officer of the outcome, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes OEM, participating Tribe(s) and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee shall notify FEMA and shall require a subgrantee to notify it immediately when a subgrantee proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Roles and Responsibilities, the Grantee shall immediately notify FEMA and require the subgrantee to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s) and any other consulting parties. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner examiner, and State Archaeologist in accordance with applicable State statutesTennessee Code, Section 11-6-107d, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s) and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s) and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes Tribe(s) and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient shall notify FEMA and shall require a subgrantee sub-recipient to notify it immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient Roles and Responsibilities, the Grantee Recipient shall immediately notify FEMA and require the subgrantee sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesCommonwealth statute(s), and protect the remains from any harm. Discoveries Notify the SHPO within twenty- four (24) hours of identifying human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicableremains. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes SHPO and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects effect(s) of the Undertaking, resolve adverse effects effect(s) if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In additionnative to Puerto Rico, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, FEMA and SHPO, and affected Tribes, and following applicable State or Tribal guidelinesfederal guidelines (36 CFR Part 79). 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes SHPO and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, facility that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) SHPO and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesub-recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient and shall require that the Grantee Recipient advise its subgrantees sub-recipient in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.aIII.D.2.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesSHPO, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPORecipient, Grantee. appropriate Tribes SHPO and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee subrecipient to notify it immediately when a subgrantee subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee subrecipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee subrecipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with provisions of applicable laws of the State statutesof Maine, including 22MRSA, Part 6, Chapter 707 (“Deaths and Burials”), Section 2842-B (“Indian Human Remains”), or of supplanting laws or regulations. and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee subrecipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeRecipient(s), in coordination with the SHPO, and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsArchaeological Survey Guidelines, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee subrecipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesubrecipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient(s) and shall require that the Grantee Recipient(s) advise its subgrantees subrecipients in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee subrecipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7I.A.8; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes Tribe(s) and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipients shall notify FEMA and shall require a subgrantee sub-recipient to notify it the Recipient immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Unanticipated Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a an Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipients Roles and Responsibilities, the Grantee Recipients shall immediately notify FEMA and require the subgrantee sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes and any other consulting parties. Upon notification by the Grantee Recipients of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesCommonwealth statute(s), and protect the remains from any harm. Discoveries Notify the SHPO within twenty- four (24) hours of identifying human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicableremains. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes SHPO and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects effect(s) of the Undertaking, resolve adverse effects effect(s) if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipients and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In additionnative to Puerto Rico, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipients shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, FEMA and SHPO, and affected Tribes, and following applicable State or Tribal guidelinesfederal guidelines (36 CFR Part 79). 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes SHPO and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, facility that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) SHPO and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesub- recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipients and shall require that the Grantee Recipients advise its subgrantees sub-recipient in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesSHPO, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesSHPO, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPORecipients, Grantee. appropriate Tribes SHPO and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee Subrecipient to notify it immediately when a subgrantee Subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Secretary’s Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee Subrecipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee Subrecipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, OAS, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating TribesOAS, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance examiner. Should the discovery be located on private, local, or State government land, the Grantee will ensure that the Applicant complies with applicable State statutesthe Burial Desecration Law, Oklahoma Statute Title 21 Chapter 47 (Section 1168.0 - 1168.6), and protect the remains from any harmOklahoma Antiquities Law, Oklahoma Statute Chapter 20 (Section 361). Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable.ARPA (16 U.S.C. §§ 470aa– d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, OAS, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee Subrecipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Native American, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s updated Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (20072023) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land ownerlandowner. In such instances, FEMA and the GranteeRecipient(s), in coordination with the SHPO, OAS, and affected Tribes, shall encourage land owners landowners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.Tribal

Other Considerations. A. Changes The Subgrantee will notify the Grantee and the Grantee will notify FEMA if the proposed open space use does not conform with the activities listed in 44 CFR § 80.19(a)(1) or if construction of a structure is proposed in the open space. If FEMA receives a notice of open space use, FEMA will ensure the open space use is reviewed to an Approved Scope ensure compliance with the terms of Work: this Programmatic Agreement. B. The Subgrantee shall immediately notify the Grantee if there are proposed changes to the Undertaking. When notified by the Subgrantee, the Grantee shall notify FEMA and shall require a subgrantee as soon as possible of any proposed change to notify it immediately when a subgrantee proposes changes to an the approved scope of work. FEMA shall then consult with SHPO to determine if the scope of work for change will have an Undertakingeffect to the historic property. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. C. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee the Subgrantee of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Roles and Responsibilities, the Grantee shall immediately notify FEMA and require the subgrantee Subgrantee to: a. Stop construction activities on the construction site in the vicinity event of the a discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. . c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with Kentucky Revised Statutes (KRS 72.020) and protect the remains from any harm. d. Assist FEMA in completing the following actions, as required: i. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for the National Register eligibility or the and effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutes, and protect the remains from any harmii. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation IIII.B.5.c., Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, necessary and ensure compliance with applicable Federal, State, and local statutes. iiiii. FEMA shall coordinate with the Grantee and the subgrantee Subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement the recommendations of the consultation and facilitate proceeding with the Undertaking. iiiiv. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. D. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected TribesTribe(s), shall encourage the land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository and associated costs are covered as agreed to by FEMA, SHPO, and affected Tribes, Tribe(s) and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of any significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), ) including a specific plan for curationcuration and determine who is responsible for associated costs. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for Conducting Archaeological Studies, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” Sites published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. . As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, facility preferably in- in state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient shall notify FEMA and shall require a subgrantee sub-recipient to notify it immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient Roles and Responsibilities, the Grantee Recipient shall immediately notify FEMA and require the subgrantee sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately within 24 hours notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/office, the medical examiner or the Director of the Division of Historical and Cultural Affairs (SHPO) in accordance with applicable State statutesthe Delaware Unmarked Human Burials and Skeletal Remains Act; (Delaware Code: Title 7, Chapter 54; 66 Del. Laws, c. 38. § 1; 75 Del. Laws., c. 153 §§ 4, 5.), and protect the remains from any harmfurther exposure of and damage to the remains. FEMA, the Recipient and sub-recipient will consult with the SHPO to develop and implement appropriate treatment plan, in compliance with the above cited state law. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered If the human remains are determined of Native American affiliation, then FEMA will immediately notify the Federally Recognized Indian Tribes. FEMA and the Recipient will forward information regarding Native American discoveries to be American the SHPO and the Federally Recognized Indian Tribes for review and comments. This will occur as soon as possible, within a period no longer than two (2) weeks. FEMA shall will request that the parties comment on the information within two (2) weeks of receipt. FEMA will then consult with the appropriate Tribal representatives Federally Recognized Indian Tribes, the SHPO and the SHPORecipient to determine an appropriate course of action in accordance with 36 CFR 800, and taking into account the above cited state law. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing or data recovery are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeRecipient, in coordination with the SHPO, and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. Preference will be given to in-state repositories that meet the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections.” FEMA shall ensure that all collection materials are prepared for curation in accordance with the standards of the chosen repository. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for Architectural and Archaeological Surveys in Delaware (Delaware Division of Historical and Cultural Affairs 0000), Archaeological and Architectural Resource Identification Studies,” ACHPXXXX’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA FEMA’s acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPANHPA (codified as amended at 54 U.S.C. § 306113), FEMA shall not grant assistance to a subgrantee sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesub-recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient and shall require that the Grantee Recipient advise its subgrantees sub-recipient(s) in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7I.A.7 or I.A.8; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. the Recipient, appropriate Tribes Tribe(s), and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee shall notify FEMA and shall require a subgrantee to notify it immediately when a subgrantee proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Roles and Responsibilities, the Grantee shall immediately notify FEMA and require the subgrantee to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes and any other consulting parties. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner examiner, and State Archaeologist in accordance with applicable State statutesTennessee Code, Section 11-6-107d, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient shall notify FEMA and shall require a subgrantee subrecipient to notify it immediately when a subgrantee subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee subrecipient of an unexpected discovery, or if it appears that a an Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient Roles and Responsibilities, the Grantee Recipient shall immediately notify FEMA and require the subgrantee subrecipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discoveredencountered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesstatute(s), and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient and the subgrantee subrecipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered encountered human remains are determined to be American Indian Native American, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.2007).1

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Grantee(s) shall notify FEMA and shall require a subgrantee to notify it immediately when a subgrantee proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Grantee(s) Roles and Responsibilities, the Grantee Grantee(s) shall immediately notify FEMA and require the subgrantee to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes OAS, and any other consulting parties. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating TribesOAS, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance examiner. Should the discovery be located on private, local, or State government land, the Grantee will ensure that the Applicant complies with applicable State statutesthe Burial Desecration Law, Oklahoma Statute Title 21 Chapter 47 (Section 1168.0 - 1168.6), and protect the remains from any harmOklahoma Antiquities Law, Oklahoma Statute Chapter 20 (Section 361). Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and the Archaeological Resources Protection Act (ARPA) (16 U.S.C. §§ 470aa–470mm), as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes OAS, and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Grantee(s) and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeGrantee(s), in coordination with the SHPO, and affected TribesOAS, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Grantee(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesOAS, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes OAS, and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsSecretary of the Interior's Standards and Guidelines for Archaeological Documentation, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) OAS, and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Grantee(s) and shall require that the Grantee Grantee(s) advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7I.A.8; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes OAS to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesOAS, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesOAS, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes OAS and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee shall 1. HSEM will notify FEMA and shall require a subgrantee as soon as practicable of any proposed change to notify it immediately when a subgrantee proposes changes to an the approved scope of work for an Undertaking. 1. If FEMA determines may authorize the HSEM/Subgrantee to proceed with the change if it meets a Programmatic an Allowance in Appendix C, or has no effect on the property, FEMA shall approve the change. 2. If if the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI the Secretary’s Standards, . FEMA shall conclude its Section 106 review responsibilitiesmay reconsult with the SHPO to determine if the change will have an effect on the historic property. 32. If FEMA determines that the change does not meet an Allowance, or if FEMA and SHPO determine that the change cannot be modified to conform to the Secretary’s Standards, FEMA shall initiate adverse effect consultation pursuant to Stipulation II.C, Standard Project ReviewIII.C.6. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or HSEM shall require Subgrantees to notify FEMA immediately if it appears that a FEMA funded Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Roles and Responsibilities, the Grantee shall immediately notify FEMA and . 2. HSEM will require the subgrantee to: a. Stop Subgrantee to immediately stop construction activities in the vicinity of the discovery. b. Take discovery and take all reasonable measures to avoid or minimize harm to the property until HSEM notifies the Subgrantee that FEMA has completed consultation with the SHPO, participating Tribes SHPO and any other consulting parties. 3. Upon notification by HSEM will notify FEMA immediately of the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effectseffects so that FEMA may take prompt action to address the emergency nature of the situation. 4. FEMA will notify the SHPO and other interested parties of the discovery, at the earliest possible time, and consult to evaluate the discovery for National Register eligibility or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutes, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject develop actions to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary. FEMA will notify the SHPO of any time constraints, and ensure compliance all parties will mutually agree upon timeframes for this consultation. HSEM and the Subgrantee will participate in this consultation in keeping with applicable Federal, State, and local statutes. iitheir level of responsibility for project implementation. FEMA shall coordinate will provide the SHPO with written recommendations to take into account the Grantee and effects of the subgrantee regarding any needed modification Undertaking. Recognizing the need for swift resolution, the SHPO will respond to the written recommendation within three (3) days of its receipt.‌ 5. If the SHPO does not object to FEMA’s recommendations within the agreed upon timeframe, FEMA will require the HSEM/Subgrantee to modify the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with recommendations. If the Undertaking. iii. In cases where discovered human remains are determined SHPO objects to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instancesrecommendations, FEMA and the GranteeSHPO will consult further to resolve this objection through actions including, in coordination with the SHPObut not limited to, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and identifying project alternatives that may result in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the having no adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999))historic properties, or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and proceeding in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirementsStipulation III.C.6. D. Review 6. If human remains are discovered during the course of Undertakings Initiated Before Initiation project implementation, the Subgrantee shall immediately stop construction activities in the vicinity of the discovery and take all reasonable measures to avoid or Completion minimize harm prior to implementing the procedures regarding the discovery of Section 106 Reviewhuman remains as codified in Revised Statues Annotated of the State of New Hampshire, Title XIX, § 227-C:8-a-8-j. C. Anticipatory Actions 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee Subgrantee who, with intent to avoid the requirements of this Agreement Agreement, Section 106, or Section 106 of the NHPA36 C.F.R. Part 800, has intentionally significantly and adversely caused a significant adverse affected to a historic property to which the assistance would relate, or having legal power authority to prevent it, allowed an such significant adverse effect to occur. However, if after consultation consulting with the SHPO, appropriate Tribes(s) SHPO and the ACHP, FEMA determines may determine that extraordinary circumstances justify granting such assistance despite the adverse effect created or permitted by the subgranteeSubgrantee, FEMA shall and will complete consultation for the Undertaking pursuant to the terms of this AgreementStipulation III.C.6. 2. FEMA shall will specifically advise the Grantee HSEM of this Anticipatory Actions Stipulation and shall will require that the Grantee HSEM advise its subgrantees Subgrantees in writing that they may not initiate construction on projects for which they are seeking federal funding prior to compliance with this Agreement. HSEM will also advise Subgrantees that they may jeopardize Federal federal funding if work construction is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent prior to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance compliance with this stipulation are included in the annual reportAgreement.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee shall 1. MEMA will notify FEMA and shall require a subgrantee as soon as practicable of any proposed change to notify it immediately when a subgrantee proposes changes to an the approved scope of work for an Undertaking. 1. If FEMA determines may authorize the MEMA/Subgrantee to proceed with the change if it meets a Programmatic an Allowance in Appendix C, or has no effect on the property, FEMA shall approve the change. 2. If if the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI the Secretary’s Standards, . FEMA shall conclude its Section 106 review responsibilitiesmay reconsult with the SHPO to determine if the change will have an effect on the historic property. 32. If FEMA determines that the change does not meet an Allowance, or if FEMA and SHPO determine that the change cannot be modified to conform to the Secretary’s Standards, FEMA shall initiate adverse effect consultation pursuant to Stipulation II.C, Standard Project ReviewIII.C.6. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or Subgrantees are required to notify MEMA immediately if it appears that a FEMA funded Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Roles and Responsibilities, the Grantee shall immediately notify FEMA and . 2. MEMA will require the subgrantee to: a. Stop Subgrantee to immediately stop construction activities in the vicinity of the discovery. b. Take discovery and take all reasonable measures to avoid or minimize harm to the property until MEMA notifies the Subgrantee that FEMA has completed consultation with the SHPO, participating Tribes SHPO and any other consulting parties. 3. Upon notification by MEMA will notify FEMA immediately of the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effectseffects so that FEMA may take prompt action to address the emergency nature of the situation. 4. FEMA will notify the SHPO and other interested parties of the discovery, at the earliest possible time, and consult to evaluate the discovery for National Register eligibility or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutes, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject develop actions to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary. FEMA will notify the SHPO of any time constraints, and ensure compliance all parties will mutually agree upon timeframes for this consultation. MEMA and the Subgrantee will participate in this consultation in keeping with applicable Federaltheir level of responsibility for project implementation. FEMA will provide the SHPO with written recommendations to take into account the effects of the Undertaking. Recognizing the need for swift resolution, State, and local statutesthe SHPO will respond to the written recommendation within three (3) days of its receipt. ii5. If the SHPO does not object to FEMA’s recommendations within the agreed upon timeframe, FEMA shall coordinate with will require the Grantee and the subgrantee regarding any needed modification MEMA/Subgrantee to modify the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with recommendations. If the Undertaking. iii. In cases where discovered human remains are determined SHPO objects to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instancesrecommendations, FEMA and the GranteeSHPO will consult further to resolve this objection through actions including, in coordination with the SHPObut not limited to, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and identifying project alternatives that may result in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the having no adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999))historic properties, or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking proceeding in accordance with Stipulation II.C, Standard Project ReviewIII.C.6. ii6. If after coordination with human remains are discovered during the SHPO and appropriate Tribescourse of project implementation, FEMA determines that review is infeasible, FEMA the Subgrantee shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included immediately stop construction activities in the annual reportvicinity of the discovery and take all reasonable measures to avoid or minimize harm. MEMA will advise the sub-grantees of any applicable laws of the Commonwealth of Massachusetts, including, but not limited to, procedures for the discovery of human skeletal remains set out in the Massachusetts Unmarked Burial Law, Massachusetts General Laws Chapter 38, section 6 (Discovery of skeletal remains likely to be Native American); Chapter 9, sections 26A (State archaeologist; duties; reservation of lands from sale; cooperation of governmental agencies) & 27C (Projects; notice; adverse effect; review); and Chapter 7, section 38A (Skeletal remains; preservation; excavation; analysis), or any amendments or supplanting laws and regulations.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Grantee(s) shall notify FEMA and shall require a subgrantee to notify it immediately when a subgrantee proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic an Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic an Allowance, or conform to any applicable SOI Secretary Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, II.C Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a an Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee I.B.3.e Grantee(s) Roles and Responsibilities, the Grantee Grantee(s) shall immediately notify FEMA and require the subgrantee to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesNevada Revised Statutes (NRS) Chapters 383.150 - 383.190, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §§ 3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, II Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Grantee(s) and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in forcethe requirements of NRS 383.170 for private and state land. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeGrantee(s), in coordination with the SHPO, SHPO and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Grantee(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository in Nevada as agreed to by FEMA, the SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelinesguidelines on Tribal land under THPO authority. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” Sites published in the Federal Register ([64 Federal Register 27085- 27085-27087 (May 18, 1999))], or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State , or Tribal requirementsrequirements for resources located on Tribal land. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly intentionally, significantly, and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Grantee(s), and shall require that the Grantee Grantee(s) advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic An Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., III.D.3.a above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, II.C Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to of the Section 106 review process, and the applicable FEMA program Program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, the Grantee. , appropriate Tribes Tribe(s) and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the after-the-fact review in accordance with this stipulation Stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee shall notify FEMA and shall require a subgrantee to notify it immediately when a subgrantee proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Roles and Responsibilities, the Grantee shall immediately notify FEMA and require the subgrantee to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesKentucky Revised Statutes (KRS0 72.020, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for Conducting Archaeological Studies, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7I.A.8; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes Tribe(s) and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Grantee(s) shall notify FEMA and shall require a subgrantee to notify it immediately when a subgrantee proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic an Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic an Allowance, or conform to any applicable SOI Standards, FEMA shall conclude complete its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Grantee(s) Roles and Responsibilities, the Grantee Grantee(s) shall immediately notify FEMA and require the subgrantee to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPOSHPO or participating Tribe(s), participating Tribes and any other consulting parties. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutes, Georgia Statute (OCGA) 31-21-6 and OGCA 00-00-000 and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Grantee(s) and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeGrantee(s), in coordination with the SHPO, SHPO and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Grantee(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible an archaeological site and all avoidance and minimization efforts have been exhaustedproperty, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall will consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsStandards and Guidelines for Conducting Archaeological Surveys (xxxx://xxxxxxx-xxxxxxxxxxx.xxx/GCPA/wp- content/uploads/2007/05/ga_standards_final.pdf), Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall will be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or of Completion of Section 106 Review106 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) affected Tribe(s), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Grantee(s) and shall require that the Grantee Grantee(s) advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7I.A.8; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A.II.A, b. In any such cases listed in Stipulation III.D.3.a., abovecases, FEMA shall will document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes affected Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate affected Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribesaffected Tribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes Tribe(s), and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient shall notify FEMA and shall require a subgrantee sub-recipient to notify it immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic an Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic an Allowance, or conform to any applicable SOI Secretary Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.CII.C., Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e)I.B.3.e., Grantee Recipient Roles and Responsibilities, the Grantee Recipient shall immediately notify FEMA and require the subgrantee sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, OHA, participating Tribes Native Hawaiian organization(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, OHA, participating TribesNative Hawaiian organization(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the SHPD, local law enforcement office office, and coroner/medical examiner in accordance with applicable State statutesthe Hawaii Administrative Rules (HAR) §00-000-00 (inadvertent discovery of human remains), and protect the remains from any harmharm by covering the human remains with a tarp or similar material until after consultation occurs with known lineal descendants and the appropriate IBC. Discoveries of human remains or cultural items on Federal or Tribal lands land shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §§ 3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, OHA, participating Tribes Native Hawaiian organization(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II., Project Review, to develop a mutually mutually-agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Native Hawaiian, the discovery will be treated in accordance with the Hawaii Revised Statutes § 6E, as amended, and FEMA shall consult with the appropriate Tribal Native Hawaiian representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any stateState-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeRecipient, in coordination with the SHPO, SHPO and affected TribesNative Hawaiian organization(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, the SHPO, and affected TribesNative Hawaiian organization(s), and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register Register-listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, OHA, participating Tribes Native Hawaiian organization(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant the appropriate curation provisions contained stipulated in the SHPO’s “Reporting StandardsHAR §13-276-6 (archaeological inventory survey), Archaeological and Architectural Resource Identification Studies,” HAR §13-278-5 (data recovery), or HAR §13-279-6 (archaeological monitoring), ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” Sites published in the Federal Register ([64 Federal Register 27085- 27085-27087 (May 18, 1999))], or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- statein the State of Hawaii, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” , and applicable State requirements, or Tribal requirementsif no such facility is available or is able to curate the collection, the collection shall be curated at a facility approved by the SHPO. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly intentionally, significantly, and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, OHA, appropriate Tribes(s) Native Hawaiian organization(s), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesub-recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient and shall require that the Grantee Recipient advise its subgrantees sub-recipients in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7.; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic An Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the GranteeSHPO, SHPO OHA, and appropriate Tribes Native Hawaiian organization(s) to determine if consultation is feasible. i. If after coordination with the SHPO SHPO, OHA, and appropriate TribesNative Hawaiian organization(s), FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.II.C.,

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Grantee(s) shall notify FEMA and shall require a subgrantee to notify it immediately when a subgrantee proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Grantee(s) Roles and Responsibilities, the Grantee Grantee(s) shall immediately notify FEMA and require the subgrantee to: a. Stop Immediately stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribes, and any other consulting parties. Upon notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutes, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribes, and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Grantee(s) and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force., C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeGrantee(s), in coordination with the SHPO, SHPO and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Grantee(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State South Carolina Standards and Guidelines for Archaeological Investigations or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribes, and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsSouth Carolina Standards and Guidelines for Archaeological Investigations, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State South Carolina Standards and Guidelines for Archaeological Investigations or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) Tribes, and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Grantee(s) and shall require that the Grantee Grantee(s) advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7I.A.8; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes Tribes, and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee NASA ARC shall notify FEMA and shall require a subgrantee enact the following actions to notify it immediately when a subgrantee proposes address proposed changes to an approved scope of work for an Undertaking.: 1. If FEMA determines the CRM and Qualified Personnel determine that the change to an approved scope of work meets a Programmatic Allowance Allowance, will be modified to meet a Programmatic Allowance, conforms to the Standards, or has no effect on the property, FEMA NASA ARC shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall and conclude its Section 106 review responsibilities. 32. If FEMA determines the CRM and Qualified Personnel determine that the change does not meet an a Programmatic Allowance, FEMA NASA ARC shall initiate consultation pursuant to Stipulation II.C, Standard Project ReviewIII. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee In the event of an unexpected discovery, or if it appears that a an Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Roles and Responsibilities, the Grantee shall immediately notify FEMA and require the subgrantee toNASA ARC shall: a. a) Stop all construction activities in the vicinity of the discoverydiscovery or affected historic property and in any adjacent areas where effects to the resource can reasonably be expected to occur. b. b) Inspect the construction site to determine the extent of the discovery or effects on historic properties and ensure that construction activities have halted. c) Clearly mark the area of discovery and implement interim measures to protect the discovery from looting and vandalism. d) Ensure that a Qualified archaeologist will inspect the work site to determine the extent and nature of an affected archaeological resource. e) Ensure that a Qualified architectural historian or historic architect will inspect any unexpected effects and/or damages to affected buildings or structures. f) Take all reasonable measures to avoid or minimize harm to the property until FEMA NASA ARC has completed consultation with the SHPO, participating Tribes and any other consulting parties. . g) Allow construction work to then proceed in the project area outside of the area of discovery. h) Upon notification by the Grantee of a discovery, FEMA the CRM shall immediately notify the FPO, SHPO, participating Tribes, and other consulting parties specified for the Undertaking that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register NRHP eligibility or and/or the effects of the Undertaking on historic properties. c. i) If human remains are discovered, ensure that there shall be no further excavation of disturbance of any nearby area that may also contain human remains, and immediately notify the local law enforcement office and NASA ARC Office of Protective Services, which will then notify the Federal Bureau of Investigation and/or the county coroner/medical examiner in accordance with applicable State statutesexaminer, and protect the remains from any harmas applicable. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §§ 3001-3013, 18 U.S.C. § 1170) and ARPAthe Archeological Resources Protection Act (16 U.S.C. § 470aa-470mm, as amended), as applicable. d. Assist FEMA in completing 2. NASA ARC shall complete the following actions, as required: i. FEMA a) In accordance with 36 C.F.R. § 800.13(b)(3), within 48 hours of receipt of the notification, the CRM shall provide the SHPO and other consulting parties, as appropriate, with its assessment of the NRHP eligibility of the discovery and the measures it proposes to take to resolve adverse effects. In making its official evaluation, the CRM and Qualified Personnel, in consultation with the SHPO, may assume the discovery to be NRHP-eligible for the purposes of Section 106 pursuant to 36 C.F.R. § 800.13(c). The CRM, the SHPO, and other consulting parties, as appropriate, shall respond within 48 hours of receipt. b) NASA ARC shall consult with the SHPO, participating Tribes SHPO and other consulting parties in accordance with the consultation process outlined in Stipulation IIIII, Project Review, to develop a mutually mutually-agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA c) NASA ARC shall coordinate with the Grantee and the subgrantee regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. d) In cases where discovered human remains are determined to be American Indian FEMA Indian, NASA ARC shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA NASA ARC shall follow the guidelines outlined in the ACHP’s ACHP s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any stateappropriate State-specific policies that may be in force. C. Curation 13. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain Any disputes over the property evaluation or treatment of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelines. 2. When an Undertaking previously unidentified resources will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and resolved in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms Stipulation VIII of this Agreement. 2. FEMA C. Curation: NASA ARC shall specifically advise ensure that archaeological artifacts recovered from archaeological investigations or post-review discoveries will be stored in a curatorial repository that meets federal standards stipulated in 36 C.F.R. Part 79 (Curation of Federally-Owned and Administered Archeological Collections). D. Ground-Disturbing Activities: For ground-disturbing activities, the Grantee CRM and Qualified Personnel in Archaeology shall require that determine whether the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work footprint(s) of proposed activities is performed without all required local, State, and Federal licenses, permitsconfined to areas previously studied for subsurface archaeological deposits, or approvals, including the completion in previously surveyed areas of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Considerationlow sensitivity, as applicable, as well as all project approval documents specifying delineated on the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent ARC Composite Archaeological Sensitivity Map attached to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has APPENDIX H CONFIDENTIAL. If Qualified Personnel in Archaeology determine that no further Section 106 responsibilitiesarchaeological survey efforts are warranted, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue because the area has been previously surveyed for cultural resources and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a.no historic properties are present, above, FEMA shall document this determination in or due to the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination low potential for intact subsurface remains supported by existing information from previously conducted investigations with the SHPO s agreement/concurrence, as currently described in the Xxxx Research Center Archaeological Resources Study (2017) on file at ARC and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHPthen no additional archaeological survey work is required. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee subrecipient to notify it immediately when a subgrantee subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on potential to affect the property, meets an Allowance, or the previous effect determination is still applicable, FEMA shall approve the change. 2. If FEMA determines that the change can be modified to meet a Programmatic an Allowance, or conform to any applicable SOI Standards, or a previously determined finding of effect is still applicable, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance; may cause additional effects to the property; does not conform to any applicable Standards; or changes a previously determined finding of effect, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee : Recipient(s) shall require its subrecipient to notify it immediately of an unexpected discoverydiscovery (including archaeological deposits found in tree root balls during removal), or if it appears that a an Undertaking has affected a previously unidentified property property, or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities. In addition, the Grantee shall immediately any Signatory may notify FEMA if it learns of an unexpected discovery, previously unidentified property, or unexpected effects. Following such notice, FEMA will, at the earliest possible time, notify Recipient and require subrecipient and request that Recipient and subrecipient manage the subgrantee tounexpected discovery, previously unidentified property, or unexpected effects by following the steps set out below: a. Stop construction activities in 1. The Recipient(s) shall notify FEMA at the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPOearliest possible time, participating Tribes and any other consulting parties. Upon but no later than twenty-four (24)-hours after Recipient(s) received notification by the Grantee of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, and other consulting parties that may have an interest in regarding the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or the effects of the Undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutes, and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee and the subgrantee regarding any needed modification steps that have been taken to secure the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the Grantee, in coordination with the SHPO, and affected Tribes, shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected Tribes, and following applicable State or Tribal guidelinessite. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhausted, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA Recipient(s) shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained require its subrecipient stop construction activities in the SHPO’s “Reporting Standards, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval vicinity of the curation plan. a. As stipulated in discovery or unexpected effects, restrict access to the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards ofaffected area or deposits, and in accordance with secure the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1area. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgrantee, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee and shall require that the Grantee advise its subgrantees in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.Recipient

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee subrecipient to notify it immediately when a subgrantee subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee subrecipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee subrecipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes SHPO and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating Tribes, SHPO and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, the Recipient will ensure that work in the vicinity of the find shall stop. The Recipient will notify FEMA, the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesstatute(s). The remains shall be left in place and protected from further disturbance. If the remains are determined to be archaeological in nature, the State Historic Preservation Office, appropriate Native American Tribes and other signatories shall be contacted. No further work in the vicinity of the remains shall be conducted until the matter is resolved. The treatment of human remains shall follow the guidelines developed for the Arkansas burial Law (Act 753 of 1991 and Xxx 0000 of 1999) and the Advisory Council on Historic Preservations Policy Statement Regarding Treatment of Burial Sties, Human Remains, and protect the remains from any harmFunerary Objects. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes SHPO and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee subrecipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Indian, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeRecipient(s), in coordination with the SHPO, and affected Tribesappropriate Tribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for Archeological Fieldwork and Report Writing in Arkansas found in A State Plan for the Conservation of Archeological Resources in Arkansas (Xxxxx and Early 2010), Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee subrecipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate affected Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesubrecipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient(s) and shall require that the Grantee Recipient(s) advise its subgrantees subrecipients in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee subrecipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7I.A.8; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate Tribes, FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate Tribes, FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes SHPO and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved Scope of Work: The Grantee shall TDEM is required to notify FEMA and shall will require a subgrantee its Subrecipients to notify it immediately when a subgrantee Subrecipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance that all new project elements conform to one or has no effect on the propertymore allowances in Appendix B of this Agreement, FEMA shall approve complete the changeSection 106 review process for the new project elements by documenting this determination in the project file, without SHPO review or notification. 2. If the change can be modified to meet a Programmatic Allowance, or FEMA determines any new project elements do not conform to any applicable SOI Standardsone or more allowances listed in Appendix B of this Agreement, FEMA shall conclude its conduct Section 106 review responsibilities. 3. If FEMA determines that for the change does not meet an Allowancenew project elements in accordance with Stipulation II.B, FEMA shall initiate consultation pursuant to Expedited Review for Emergency Undertakings, or Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee Subrecipient of an unexpected discovery, or if it appears that a an Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(eI.B.3(d), Grantee TDEM Roles and Responsibilities, the Grantee TDEM shall immediately notify FEMA and require the subgrantee Subrecipient to: a. Stop construction activities in the vicinity within 100 feet of the discovery. Stop activities within 300 feet for burials or funerary objects. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee TDEM of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking undertaking on historic properties. c. If human remains are discovered, notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesstatute(s), and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) ); _8 Texas Health and Safety Code § 711–715; 13 Texas Administrative Code § 22; and ARPA, as applicable. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee TDEM and the subgrantee Subrecipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Native American, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeTDEM, in coordination with the SHPO, and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee TDEM shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for conducting archaeological studies, Archaeological and Architectural Resource Identification Studies,” ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27085-27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA FEMA’s acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- in-state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee Subrecipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteeSubrecipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee TDEM and shall require that the Grantee TDEM advise its subgrantees Subrecipients in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee Subrecipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7I.A.8; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a., above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review process, and inform the Federal Preservation Officer (FPO) of the outcome, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes Tribe(s) and the ACHP. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.

Other Considerations. A. Changes to an Approved approved Scope of Work: The Grantee Recipient(s) shall notify FEMA and shall require a subgrantee sub-recipient to notify it immediately when a subgrantee sub-recipient proposes changes to an approved scope of work for an Undertaking. 1. If FEMA determines the change meets a Programmatic Allowance or has no effect on the property, FEMA shall approve the change. 2. If the change can be modified to meet a Programmatic Allowance, or conform to any applicable SOI Standards, FEMA shall conclude its Section 106 review responsibilities. 3. If FEMA determines that the change does not meet an Allowance, FEMA shall initiate consultation pursuant to Stipulation II.C, Standard Project Review. B. Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects: 1. Upon notification by a subgrantee sub-recipient of an unexpected discovery, or if it appears that a Undertaking has affected a previously unidentified property or affected a known historic property in an unanticipated manner, in accordance with Stipulation I.B.3(e), Grantee Recipient(s) Roles and Responsibilities, the Grantee Recipient(s) shall immediately notify FEMA and require the subgrantee sub-recipient to: a. Stop construction activities in the vicinity of the discovery. b. Take all reasonable measures to avoid or minimize harm to the property until FEMA has completed consultation with the SHPO, participating Tribes Tribe(s), and any other consulting parties. Upon notification by the Grantee Recipient of a discovery, FEMA shall immediately notify the SHPO, participating TribesTribe(s), and other consulting parties that may have an interest in the discovery, previously unidentified property or unexpected effects, and consult to evaluate the discovery for National Register eligibility or and/or the effects of the Undertaking on historic properties. c. If human remains are discovered, the sub-recipient shall notify the local law enforcement office and coroner/medical examiner in accordance with applicable State statutesstatute(s), and protect the remains from any harm. Discoveries of human remains on Federal or Tribal lands shall be subject to the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) (25 U.S.C. §3001-3013, 18 U.S.C. § 1170) and ); ARPA, as applicable; and the requirements of the Commonwealth’s burial laws. d. Assist FEMA in completing the following actions, as required: i. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties in accordance with the consultation process outlined in Stipulation II, Project Review, to develop a mutually agreeable action plan with timeframes to identify the discovery or previously unidentified property, take into account the effects of the Undertaking, resolve adverse effects if necessary, and ensure compliance with applicable Federal, State, and local statutes. ii. FEMA shall coordinate with the Grantee Recipient(s) and the subgrantee sub-recipient regarding any needed modification to the scope of work for the Undertaking necessary to implement recommendations of the consultation and facilitate proceeding with the Undertaking. iii. In cases where discovered human remains are determined to be American Indian Native American, FEMA shall consult with the appropriate Tribal representatives and the SHPO. In addition, FEMA shall follow the guidelines outlined in the ACHP’s Policy Statement Regarding the Treatment of Burial Sites, Human Remains, and Funerary Objects (2007) and any state-specific policies that may be in force. C. Curation 1. In cases where archaeological survey and testing are conducted on private land, any recovered collections remain the property of the land owner. In such instances, FEMA and the GranteeRecipient(s), in coordination with the SHPO, and affected TribesTribe(s), shall encourage land owners to donate the collection(s) to an appropriate public or Tribal entity, which may include, but is not limited to the State Museum of Pennsylvania. In cases where the property owner wishes to transfer ownership of the collection(s) to a public or Tribal entity, and in the case of artifacts recovered from public lands, FEMA and the Grantee Recipient(s) shall ensure that recovered artifacts and related documentation are curated in a suitable repository as agreed to by FEMA, SHPO, and affected TribesTribe(s), and following applicable State or Tribal guidelines. FEMA shall ensure that all collection materials are prepared for curation in accordance with the standards of the chosen repository. 2. When an Undertaking will adversely affect a National Register listed or eligible archaeological site and all avoidance and minimization efforts have been exhaustedsite, FEMA may treat the adverse effect by providing for the recovery of significant information through archaeological data recovery. FEMA shall consult with the SHPO, participating Tribes Tribe(s), and other consulting parties to prepare a research design (data recovery plan), including a specific plan for curation. This plan will incorporate any relevant curation provisions contained in the SHPO’s “Reporting StandardsGuidelines for Phase I, II, and III Archaeological Investigations and Architectural Resource Identification Studies,” Technical Report Preparation, ACHP’s “Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites” published in the Federal Register (64 Federal Register 27085- 27087 (May 18, 1999)), or other provisions agreed to by the consulting parties. No excavation should be initiated before FEMA FEMA’s acceptance and approval of the curation plan. a. As stipulated in the curation plan, artifacts, as well as field and laboratory records sufficient to document the collection, shall be curated at a facility, preferably in- state, that meets the standards of, and in accordance with the provisions of 36 CFR Part 79, “Curation of Federally Owned and Administered Archaeological Collections,” and applicable State or Tribal requirements. This may include, but is not limited to the State Museum of Pennsylvania. D. Review of Undertakings Initiated Before Initiation or Completion of Section 106 Review 1. In accordance with Section 110(k) of the NHPA, FEMA shall not grant assistance to a subgrantee sub-recipient who, with intent to avoid the requirements of this Agreement or Section 106 of the NHPA, has intentionally significantly and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed an adverse effect to occur. However, if after consultation with the SHPO, appropriate Tribes(s) ), and the ACHP, FEMA determines that extraordinary circumstances justify granting assistance despite the adverse effect created or permitted by the subgranteesub- recipient, FEMA shall complete consultation for the Undertaking pursuant to the terms of this Agreement. 2. FEMA shall specifically advise the Grantee Recipient(s) and shall require that the Grantee Recipient(s) advise its subgrantees sub-recipients in writing that they may jeopardize Federal funding if work is performed without all required local, State, and Federal licenses, permits, or and/or approvals, including the completion of the Section 106 process. FEMA also shall document this requirement in its Record of Environmental Consideration, as applicable, as well as all project approval documents specifying the project scope and limits, and containing all conditions and caveats. 3. In circumstances where FEMA determines a subgrantee sub-recipient has initiated an Undertaking without willful intent to avoid the requirements of this Agreement or Section 106 of NHPA, FEMA shall proceed as follows: a. Determine if the Undertaking is of a type for which FEMA has no further Section 106 responsibilities, namely: i. An Undertaking listed in Stipulation I.A.7; or ii. An immediate rescue and salvage operation in accordance with 36 CFR § 800.12(d); or iii. A Programmatic Allowance as described under Stipulation II.A. b. In any such cases listed in Stipulation III.D.3.a.III.D.3(a), above, FEMA shall document this determination in the project files, and consider the Undertaking Section 106 compliant. c. If FEMA determines the Undertaking would have required Section 106 review, FEMA shall coordinate with the Grantee, SHPO and appropriate Tribes Tribe(s) to determine if consultation is feasible. i. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that consultation is feasible, FEMA shall review the Undertaking in accordance with Stipulation II.C, Standard Project Review. ii. If after coordination with the SHPO and appropriate TribesTribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 review processprocess and inform the FPO of the outcome, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. Undertaking FEMA shall provide written notification of its funding decision to the SHPO, Grantee. appropriate Tribes Tribe(s) the ACHP, and the ACHPRecipient. 4. FEMA shall ensure that all Undertakings considered for after the fact review in accordance with this stipulation are included in the annual report.