Common use of Phase III Archaeological Data Recovery Clause in Contracts

Phase III Archaeological Data Recovery. If all parties agree that the Projects and/or mitigation will have an “adverse effect” on an eligible site and avoidance is not a feasible option, then USFWS will consult with SHPO to identify measures to minimize and mitigate the adverse effect to the site. USFWS shall ensure that the PA will be amended to include a Treatment (Data Recovery) Plan developed by Buckeye in consultation with SHPO. The plan will be consistent with SHPO guidelines and all deliverables will be submitted by USFWS to SHPO for review and comment. Following SHPO review and concurrence of proposed Phase III deliverables, no further investigations of that site will be conducted, unless an unanticipated post- review discovery is made.

Phase III Archaeological Data Recovery. If all parties agree that the Projects FRWF Phase IV and/or mitigation will have an “adverse effect” on an eligible site and avoidance is not a feasible option, then USFWS will consult with SHPO to identify measures to minimize and mitigate the adverse effect to the site. USFWS shall ensure that the PA will be amended to include a Treatment (Data Recovery) Plan will be developed by Buckeye Xxxxxx Ridge in consultation with SHPOSHPO as an amendment to this PA. The plan will be consistent with SHPO guidelines and all deliverables will be submitted by USFWS to SHPO for review and comment. Following SHPO review and concurrence of proposed Phase III deliverables, no further investigations of that site will be conducted, unless an unanticipated post- review discovery is made.