Common use of POST-REVIEW DISCOVERIES Clause in Contracts

POST-REVIEW DISCOVERIES. If, during the implementation of an undertaking, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. § 800.13(b). A. In the event that previously unidentified archeological sites or human remains are discovered during project construction, that portion of the project shall stop immediately and the project manager shall take appropriate steps to immediately secure the site, and shall notify the Agency Official within 48 hours. The Agency Official shall immediately notify the SHPO/THPO, Tribes, and other relevant consulting parties including descendent communities. B. If human remains are discovered, they shall be respectfully covered over and protected. In addition, the project manager shall immediately notify local and/or state law enforcement authorities including medical examiner or coroner, pursuant to local and state law. C. The Agency Official shall consult with the SHPO/THPO and Tribes or other descendent community representatives to determine if the discovered site appears eligible for the National Register. If it does appear eligible, the Agency Official shall submit a treatment plan for the avoidance, protection, recovery of information, or destruction without data recovery to the SHPO for review and comment. The treatment plan shall be consistent with the ACHP’s handbook Treatment of Archaeological Properties and subsequent amendments and SHPO Human Remains Discovery Protocol. If human remains are discovered, the treatment plan shall follow the guidance in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communities. Avoidance and preservation in place are the preferred options for treating human remains. D. The Agency Official shall notify relevant consulting parties of the unanticipated discovery and provide the proposed treatment plan for their comment. Construction work in the area of the discovery shall not continue until the plan has been accepted by SHPO/THPO and implemented. E. An undertaking that may affect a human burial site shall comply with provisions of New York State and local laws, the terms of this Agreement notwithstanding.

POST-REVIEW DISCOVERIES. If, during the implementation of an undertaking, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. § 800.13(b).take the following steps: A. In the event that previously unidentified archeological sites or human remains are discovered during project construction, that portion of the project shall stop immediately and the project manager shall take appropriate steps to immediately secure the site, and shall notify the Agency Official within 48 hours. The Agency Official shall immediately notify the SHPO/THPO, Tribes, and other relevant consulting parties including descendent communities. B. If human remains are discovered, they shall be respectfully covered over and protected. In addition, the project manager shall immediately notify local and/or state law enforcement authorities including medical examiner or coroner, pursuant to local and state law. C. The Agency Official shall consult with the SHPO/, THPO and Tribes tribes or other descendent community representatives to determine if the discovered site appears eligible for the National Register. If it does appear eligible, the Agency Official shall submit a treatment plan for the avoidance, protection, recovery of information, or destruction without data recovery to the SHPO SHPO, THPOs, tribes, and other consulting parties for review and comment. The treatment plan shall be consistent with the ACHP’s handbook Treatment of Archaeological Properties and subsequent amendments Section 106 Archaeology Guidance, and SHPO Human Remains Discovery Protocol. If human remains are discovered, the treatment plan shall also follow the guidance in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communities. Avoidance and preservation in place are the preferred options for treating human remains. D. The Agency Official shall notify relevant consulting parties of the unanticipated discovery and provide the proposed treatment plan for their comment. Construction work in the area of the discovery shall not continue until the plan has been accepted by SHPO/, THPO and tribes, and implemented. If objections to proposed treatment plans cannot be resolved the ACHP shall be consulted as per Stipulation VII. E. An undertaking that may affect a human burial site shall comply with provisions of New York State and local laws, the terms of this Agreement notwithstanding.

POST-REVIEW DISCOVERIES. If, during A. Procedures for an Unanticipated Discovery of Human Remains and Burials. In the implementation case of an undertakingunanticipated discovery of human remains or burials on Federal land, IDOT will follow the procedures outlined by the (a) Upon encountering human remains or an unmarked human burial during ground disturbing construction activities, IDOT will ensure that the construction contractor immediately stops work within a previously unidentified property one hundred fifty (150) foot radius from the point of discovery. The IDOT will ensure that may be eligible for inclusion the construction contractor implements interim measures to protect the discovery from vandalism and looting, but must not remove or otherwise disturb any human remains or other items in the National Register is encountered, or a known historic property may be affected in an unanticipated mannerimmediate vicinity of the discovery. (b) Immediately following receipt of such notification from the contractor, the Agency Official shall follow 36 C.F.R. § 800.13(b)IDOT will ensure that construction activities have halted within a one hundred fifty (150) foot radius from the point of discovery and assume responsibility for implementing additional measures, as appropriate, to protect the discovery from looting and vandalism until the requirements of state law have been completed. A. In (c) IDOT will determine if the event skeletal remains are human, the degree to which they were disturbed, and, if possible, assess their potential age and cultural affiliation without any further disturbance. (d) IDOT will notify the county coroner, the HSRPA Coordinator, and SHPO within forty-eight (48) hours of the discovery. (e) Within seventy-two (72) hours after notification, the county coroner will determine jurisdiction. If the remains are older than one hundred (100) years, the county coroner will notify the HSRPA Coordinator. (f) The HSRPA Coordinator is responsible for notifying FHWA and IDOT within twenty-four (24) hours of its findings. (g) If it is determined that previously unidentified archeological sites intact or fragmented human remains are discovered during project constructionpresent IDOT will consult with the HSRPA Coordinator, that portion of the project shall stop immediately and the project manager shall take appropriate steps to immediately secure the siteSHPO, and shall notify the Agency Official within 48 hours. The Agency Official shall immediately notify the SHPO/THPO, TribesFHWA, and other relevant consulting interested parties including descendent communities. B. If regarding additional measures to avoid and protect or mitigate the adverse effect of the Project on the human remains are discovered, they shall be respectfully covered over and protectedburial site. In addition, These measures may include: i. formal archaeological evaluation of the project manager shall immediately notify local and/or state law enforcement authorities including medical examiner or coroner, pursuant to local and state law.site; C. The Agency Official shall consult with the SHPO/THPO and Tribes or other descendent community representatives to determine ii. if the discovered site appears eligible for the National Registerremains are determined to be Native American, consultation with appropriate Tribes will be required; iii. If it does appear eligible, the Agency Official shall submit a treatment plan for the avoidance, protection, recovery of information, or destruction without data recovery visits to the SHPO for review site by the HSRPA Coordinator, SHPO, and commentother interested parties; iv. The treatment plan shall be consistent with exploration of potential alternatives to avoid the ACHP’s handbook Treatment of Archaeological Properties and subsequent amendments and SHPO Human Remains Discovery Protocol. If human remains are discoveredor burial; v. for Native American remains, the treatment implementation of a mitigation plan shall follow the guidance by IDOT in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objectsconsultation with appropriate Tribes, including appropriate consultation with descendent communitiesprocedures for disinterment and re- interment; vi. Avoidance and preservation in place are the preferred options for treating human remains. D. The Agency Official shall notify relevant consulting parties implementation of the unanticipated discovery and provide the proposed treatment plan for their commentmitigation plan; and vii. Construction work in the area FHWA approval to resume construction following completion of the discovery shall not continue until fieldwork component of the plan has been accepted by SHPO/THPO and implementedmitigation plan. E. An undertaking that may affect a human burial site shall comply with provisions of New York State and local laws, the terms of this Agreement notwithstanding.

POST-REVIEW DISCOVERIES. If, during the implementation of an undertaking, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. § 800.13(b). A. In the event that previously unidentified archeological sites or human remains are discovered during project construction, that portion of the project shall stop immediately work immediately, and the project manager shall take appropriate steps to immediately secure the site, site and shall notify the Agency Official within 48 hours. The Agency Official shall immediately notify the SHPO/THPO, Tribes, and other relevant consulting parties including descendent communities. B. If human remains are discovered, they shall be respectfully covered over and protected. The project manager shall notify the Agency Official, SHPO, THPO, and other consulting party signatories. In addition, the project manager shall immediately notify local and/or state law enforcement authorities including [medical examiner or examiner, coroner, state police, etc.] pursuant to local and local/state law, [local/ state law§ 27-502 and § 27-503]. C. The Agency Official shall consult with the SHPO/, THPO and Tribes or other descendent community representatives to determine if the discovered site appears eligible for the National Register. If it does appear eligible, the Agency Official shall submit a treatment plan for the avoidance, protection, recovery of information, or destruction without data recovery to the SHPO for review and comment. The treatment plan shall be consistent with the ACHP’s handbook Treatment of Archaeological Properties and subsequent amendments and SHPO Human Remains Discovery ProtocolConsulting with the Idaho State Historic Preservation Office. If human remains are discovered, the treatment plan shall follow the guidance in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communities. Avoidance and preservation in place are is the preferred options option for treating human remains. D. The Agency Official shall notify relevant consulting parties of the unanticipated discovery and provide the proposed treatment plan for their comment. Construction work in the area of the discovery shall not continue until the plan has been accepted by SHPO/THPO and implemented. If objections to proposed treatment plans cannot be resolved the ACHP shall be consulted as per Stipulation XI. E. An All human burial sites in the state of Idaho are protected under [local/state law § 27-502 and § 27-503], and any undertaking that may affect a human burial site shall comply with provisions of New York State [local/state law§ 27-502 and local laws§ 27-503], the terms of this Agreement notwithstanding.

POST-REVIEW DISCOVERIES. If, during the implementation of an undertaking, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. § 800.13(b). A. In the event that previously unidentified archeological sites or human remains are discovered during project construction, that portion of the project shall stop immediately and the project manager shall take appropriate steps to immediately secure the site, and shall notify the Agency Official within 48 hours. The Agency Official shall immediately notify the SHPO/THPO, Tribes, and other relevant consulting parties including descendent communities. B. If human remains are discovered, they shall be respectfully covered over and protected. In addition, the project manager shall immediately notify local and/or state law enforcement authorities including medical examiner or coroner, pursuant to local and state law. C. The Agency Official shall consult with the SHPO/THPO and Tribes or other descendent community representatives to determine if the discovered site appears eligible for the National Register. If it does appear eligible, the Agency Official shall submit a treatment plan for the avoidance, protection, recovery of information, or destruction without data recovery to the SHPO for review and comment. The treatment plan shall be consistent with the ACHP’s handbook Treatment T reatment of Archaeological Properties and subsequent amendments and SHPO Human Remains Discovery Protocol. If human remains are discovered, the treatment plan shall follow the guidance in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communities. Avoidance and preservation in place are the preferred options for treating human remains. D. The Agency Official shall notify relevant consulting parties of the unanticipated discovery and provide the proposed treatment plan for their comment. Construction work in the area of the discovery shall not continue until the plan has been accepted by SHPO/THPO and implemented. E. An undertaking that may affect a human burial site shall comply with provisions of New York State and local laws, the terms of this Agreement notwithstanding.

POST-REVIEW DISCOVERIES. If, during the implementation of an undertaking, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. § 800.13(b). A. . In the event that previously unidentified archeological sites or human remains are discovered during project construction, that portion of the project shall stop immediately and the project manager shall take appropriate steps to immediately secure the site, and shall notify the Agency Official within 48 hours. The Agency Official shall immediately notify the SHPO/THPO, Tribes, and other relevant consulting parties including descendent communities. B. . If human remains are discovered, they shall be respectfully covered over and protected. In addition, the project manager shall immediately notify local and/or state law enforcement authorities including medical examiner or coroner, pursuant to local and state law. C. . The Agency Official shall consult with the SHPO/THPO and Tribes or other descendent community representatives to determine if the discovered site appears eligible for the National Register. If it does appear eligible, the Agency Official shall submit a treatment plan for the avoidance, protection, recovery of information, or destruction without data recovery to the SHPO for review and comment. The treatment plan shall be consistent with the ACHP’s handbook Treatment of Archaeological Properties and subsequent amendments and SHPO Human Remains Discovery Protocol. If human remains are discovered, the treatment plan shall follow the guidance in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communities. Avoidance and preservation in place are the preferred options for treating human remains. D. . The Agency Official shall notify relevant consulting parties of the unanticipated discovery and provide the proposed treatment plan for their comment. Construction work in the area of the discovery shall not continue until the plan has been accepted by SHPO/THPO and implemented. E. . An undertaking that may affect a human burial site shall comply with provisions of New York State and local laws, the terms of this Agreement notwithstanding.

POST-REVIEW DISCOVERIES. IfIf potential historic properties are discovered or unanticipated effects on historic properties found, during the implementation of an undertakingFHWA shall make reasonable efforts to avoid, a previously unidentified property that may be eligible for inclusion in the National Register is encounteredminimize, or a known historic property may be affected in an unanticipated manner, mitigate adverse effects to such properties and follow the Agency Official shall follow requirements of 36 C.F.R. § CFR Section 800.13(b). A. In the event that previously unidentified archeological sites or Illinois, if human remains are encountered during construction, IL DOT will comply with 20 Illinois Compiled Statutes 3440/0.01, et seq. (Human Skeletal Remains Protection Act), and if the remains are determined to be Native American, the provisions of the Memorandum of Understanding regarding Tribal Consultation Requirements for the Illinois Federal Transportation Program, effective September 19, 2011, will be followed, and Tribes with an interest in Adams County, Illinois will be consulted. B. In Missouri, if cultural resources are encountered during construction: i. The contractor shall immediately stop all work within a 50-foot buffer around the limits of the resource, and shall not resume without specific authorization from a MO DOT Historic Preservation (MO DOT HP) Specialist. ii. The contractor shall notify the MO DOT Resident Engineer or Construction Inspector, who shall contact the MO DOT HP within 24 hours of the discovery. iii. MO DOT HP shall contact FHWA and SHPO within 48 hours of learning of the discovery to report the discovery after a preliminary evaluation of the resource and reasonable efforts to see if it can be avoided. iv. If it is determined that it is a historic property that will be adversely affected by the undertaking, MO DOT HP will immediately notify FHWA and SHPO of the finding and provide recommendations to minimize or mitigate the adverse effect. v. FHWA will notify the Council and any tribes that might attach religious and/or cultural significance to the property within 48 hours of this determination. vi. FHWA shall take into account Council and Tribal recommendations regarding the eligibility of the property and proposed actions, and direct MO DOT to carry out the appropriate actions. vii. MO DOT will provide FHWA and SHPO with a report of the actions when they are completed. viii. FHWA shall provide this report to the Council and the Tribes. C. In Missouri, the FHWA recognizes that any human remains (other than from a crime scene or covered under Missouri’s Cemeteries Law, §§ 214. RSMo) that may be discovered during project construction, that portion activities and are located on non-federal land are subject to the immediate jurisdiction of the project SHPO, albeit FHWA or its delegate is responsible to have a professional archeologist analyze the remains and advise SHPO of the physical location and cultural and biological characteristics, and if SHPO determines, as per the consultation conducted under Stipulation 3(c)(VII), excavation is warranted such remains will be handled pursuant to the Missouri Unmarked Human Burial Sites Act, §§ 194.400 – 194.410, RSMo, and subject to the provisions of the Native American Xxxxxx Protection and Repatriation Act as may apply. D. In Missouri, if human remains are encountered during construction: i. The contractor shall immediately stop immediately and all work within a 50-foot radius of the project manager shall take appropriate steps to immediately secure the siteremains, and shall not resume without specific authorization from either the SHPO or the local law enforcement officer, whichever party has jurisdiction over and responsibility for such remains. ii. The contractor shall notify the Agency Official MO DOT Construction Inspector and/or Resident Engineer who will contact the MO DOT HP section within 48 hours24 hours of the discovery. iii. The Agency Official shall MO DOT HP staff will immediately notify the SHPO/THPOlocal law enforcement (to ensure that it is not a crime scene) and the SHPO as per RSMo 194 or to notify SHPO what has occurred and that it is covered by Missouri’s Cemeteries Law, Tribes, and other relevant consulting parties including descendent communities. B. If §§ 214. RSMo. iv. MO DOT HP staff will notify FHWA that human remains are discovered, they shall be respectfully covered over and protected. In addition, the project manager shall immediately notify local and/or state law enforcement authorities including medical examiner or coroner, pursuant to local and state law. C. The Agency Official shall consult with the SHPO/THPO and Tribes or other descendent community representatives to determine if the discovered site appears eligible for the National Register. If it does appear eligible, the Agency Official shall submit a treatment plan for the avoidance, protection, recovery have been encountered within 24 hours of information, or destruction without data recovery to the SHPO for review and comment. The treatment plan shall be consistent with the ACHP’s handbook Treatment of Archaeological Properties and subsequent amendments and SHPO Human Remains Discovery Protocol. If human remains are discovered, the treatment plan shall follow the guidance in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communities. Avoidance and preservation in place are the preferred options for treating human remains. D. The Agency Official shall notify relevant consulting parties being notified of the unanticipated discovery and provide the proposed treatment plan for their comment. Construction work in the area of the discovery shall not continue until the plan has been accepted by SHPO/THPO and implementedfind. E. An undertaking that may affect a human burial site shall comply with provisions of New York State and local laws, the terms of this Agreement notwithstanding.

POST-REVIEW DISCOVERIES. If, during the implementation of an undertaking, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. § 800.13(b). A. In the event that previously unidentified archeological sites or human remains are discovered during project construction, that portion of the project shall stop immediately work immediately, and the project manager shall take appropriate steps to immediately secure the site, site immediately and shall notify the Agency Official within 48 hours. The Agency Official shall immediately notify the SHPO/THPO, Tribes, and other relevant consulting parties including descendent communities. B. If human remains are discovered, they shall be respectfully covered over and protected. The project manager shall notify the Agency Official, SHPO, THPO, and other consulting party signatories. In addition, the project manager shall immediately notify local and/or state law enforcement authorities including medical examiner or examiner, coroner, state police, etc., pursuant to local and state lawTitle 27 Chapter 5 of the Idaho State Statute (Idaho Code § 27-501 through § 27-504). C. The Agency Official shall consult with the SHPO/, THPO and Tribes or other descendent community representatives to determine if the discovered site appears eligible for the National Register. If it does appear appears eligible, the Agency Official shall submit a treatment plan for the avoidance, protection, recovery of informationinformation recovery, or destruction without data recovery to the SHPO for review and comment. The treatment plan shall be consistent with the ACHP’s handbook Treatment of Archaeological Properties Section 106 Archaeology Guidance and subsequent amendments and SHPO Human Remains Discovery Protocolin consultation with the Idaho State Historic Preservation Office. If human remains may be or are discovered, the identification and treatment plan shall follow be informed by the guidance in Advisory Council on Historic Preservation principles within the ACHP's 2023 Policy Statement Regarding Treatment of on Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communities. Avoidance and preservation in place are is the preferred options option for treating human remains. D. The Agency Official shall notify relevant consulting parties of the unanticipated discovery and provide the proposed treatment plan for their comment. Construction work in the area of the discovery shall not continue until the plan has been accepted by SHPO/THPO and implemented. If objections to proposed treatment plans cannot be resolved the ACHP shall be consulted as per Stipulation XI. E. An All human burial sites in the state of Idaho are protected under [local/state law § 27-502 and § 27-503], and any undertaking that may affect a human burial site shall comply with provisions of New York State [local/state law§ 27-502 and local laws§ 27-503], the terms of this Agreement PA notwithstanding.