Common use of Phase II Archaeological Testing Clause in Contracts

Phase II Archaeological Testing. If all parties agree that the “eligibility of a site is indeterminable” and avoidance is not feasible, USFWS shall ensure that a Phase II Research Design will be developed by Buckeye in consultation with the SHPO. This document will be consistent with SHPO guidelines. Phase II work will be designed to provide information regarding the significance of an archaeological site as “site is not eligible” or “site is eligible” to the NRHP. This work will be done in consultation with SHPO and all deliverables will be submitted by USFWS to SHPO for review and comment. 1) If USFWS determines and SHPO concurs that a “site is not eligible” for the NRHP, then no further investigations of that site will be conducted. 2) If USFWS determines but SHPO will not concur regarding eligibility, all appropriate information regarding the site will be submitted by USFWS to the Keeper of the National Register, National Park Service, for review. The Keeper’s determination of eligibility will be final. 3) If USFWS determines and SHPO concurs that an eligible site can and will be avoided, which would be the preferred option, then no further investigation of that site will be conducted, unless avoidance no longer becomes feasible.

Phase II Archaeological Testing. If all parties agree that the “eligibility of a site is indeterminable” and avoidance is not feasible, USFWS shall ensure that a Phase II Research Design will be developed by Buckeye Xxxxxx Ridge in consultation with the SHPO. This document will be consistent with SHPO guidelines. Phase II work will be designed to provide information regarding the significance of an archaeological site as “site is not eligible” or “site is eligible” to the NRHP. This work will be done in consultation with SHPO and all deliverables will be submitted by USFWS to SHPO for review and comment. 1) If USFWS determines and SHPO concurs that a “site is not eligible” for the NRHP, then no further investigations of that site will be conducted. 2) If USFWS determines but SHPO will not concur regarding eligibility, all appropriate information regarding the site will be submitted by USFWS to the Keeper of the National Register, National Park Service, for review. The Keeper’s determination of eligibility will be final. 3) If USFWS determines and SHPO concurs that an eligible site can and will be avoided, which would be the preferred option, then no further investigation of that site will be conducted, unless avoidance no longer becomes feasible.