Common use of POST-REVIEW DISCOVERIES Clause in Contracts

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees of the discovery and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation). b. Immediately upon receipt of the notification required in the above Stipulation, ARHA and/or its assignees shall: 1. inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and 2. clearly xxxx the area of the discovery; and 3. implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. have a City archeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. notify the City, the SHPO and other Consulting Parties of the discovery describing the measures that have been implemented to comply with this Stipulation. c. Upon receipt of the information required in the above Stipulation, the City shall provide ARHA, the SHPO and other Consulting Parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effects. In making its evaluation, the City, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). ARHA, the SHPO and other consulting parties shall respond to the City’s assessment within forty-eight (48) hours of receipt. d. The City will take into account the SHPO, ACHP and other Consulting Parties’ recommendations on eligibility and treatment of the discovery and will notify the ARHA of any appropriate required actions. ARHA must comply with the required actions and provide the City and Consulting Parties with a report on the actions when implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). e. Construction activities may proceed in the area of the discovery, when the City has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are complete.

POST-REVIEW DISCOVERIES. a. A. ARHA and/or its assignees shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees of the discovery and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation).” b. B. Immediately upon receipt of the notification required in the above Stipulation, ARHA and/or its assignees shall: 1. inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and 2. clearly xxxx mark the area of the discovery; and 3. implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. have a City archeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. notify the City, the SHPO and other Consulting Concurring Parties of the discovery describing the measures that have been implemented to comply with this Stipulation. c. C. Upon receipt of the information required in the above Stipulation, the City shall provide ARHA, the SHPO and other Consulting Concurring Parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effects. In making its evaluation, the City, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR C.F.R. § 800.13(c). ARHA, the SHPO and other consulting parties Concurring Parties shall respond to the City’s assessment within forty-eight (48) hours of receipt. d. D. The City will take into account the SHPO, ACHP and other Consulting Concurring Parties’ recommendations on eligibility and treatment of the discovery and will notify the ARHA of any appropriate required actions. ARHA must comply with the required actions and provide the City and Consulting Concurring Parties with a report on the actions when implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). e. E. Construction activities may proceed in the area of the discovery, when the City has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are complete. The City will not reasonably withhold its determination and approval so as the development’s required Placed In Service date is met in accordance with Section 42 of the Internal Revenue Code. F. The City shall ensure that all other activities outlined in this MOA that are not the subject of the discovery shall be implemented while the discovery is addressed.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees The NPS shall ensure that all construction documents include the following provision is included in all construction contracts: “provisions: A. If previously unidentified historic properties or unanticipated effects to historic properties are discovered during constructionconstruction activities, the construction contractor shall immediately halt all activity within a one hundred (100) -foot radius of the discovery, notify ARHA and/or its assignees the NPS of the discovery discovery, and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation)finding(s) in place. b. B. Immediately upon receipt of the notification required in Stipulation V.A of this document, the above Stipulation, ARHA and/or its assignees NPS shall: 1. inspect Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and. 2. clearly xxxx Clearly mark the area of the discovery; and. 3. implement Implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and. 4. have Have a City archeologist qualified subject matter expert (archeologist, historian, historic landscape architect, historic architect, etc., as appropriate) inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and. 5. Depending on recommendations from the qualified subject matter expert after discussion with NPS cultural resources personnel, for resources that could potentially be eligible for the NRHP the NPS will notify the City, the AZ SHPO and other Consulting Parties tribes and traditionally associated with SAGU. Notification will include a description of the discovery describing finding and the measures that have been implemented to comply with Stipulations V.B.1-4 of this Stipulationdocument. c. Upon C. Within 48 hours of receipt of the information required notification described in the above StipulationStipulation V.B.5 of this document, the City NPS shall provide ARHA, the UT SHPO and other Consulting Parties tribes traditionally associated with CARE with its assessment of the NRHP eligibility of the discovery and the measures proposed it proposes to take to resolve adverse effects. In making its official evaluation, the CityNPS, in consultation with the SHPO, UT SHPO and tribes may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). ARHA, the The UT SHPO and other consulting parties tribes shall respond to the City’s assessment within forty-eight (48) 48 hours of receipt. d. D. The City will NPS, which shall take into account the SHPO, ACHP and other Consulting Partiesconsulting parties’ recommendations on eligibility and treatment of the discovery and will notify the ARHA of any discovery, shall ensure that appropriate required actions. ARHA must comply with the required actions are carried out and provide the City UT SHPO and Consulting Parties the other consulting parties with a report on the these actions when they have been implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). e. E. Construction activities may only proceed in the area of the discovery, when the City after NPS has determined that implementation of the any actions undertaken necessary to address the discovery pursuant to this Stipulation V.A-D have been completed. F. The NPS will comply with the requirements of the Native American Xxxxxx Protection and Repatriation Act (NAGPRA, 1990) and adhere to the principles outlined in the ACHP’s Policy Statement on Burial Sites, Human Remains, and Funerary Objects, dated March 1, 2023. No human remains or NAGPRA cultural items are completeknown to exist in the APE; however, any such encounters would be treated in accordance with a NAGPRA Plan of Action as developed among the NPS and Tribes, as necessary.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees A. The City shall ensure that the following provision is included in all construction contractscontracts associated with the Project: “If previously unidentified historic properties or unanticipated effects to historic properties archaeological resources are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred hundred- foot (100-foot) foot radius of the discovery, notify ARHA and/or its assignees the Director of Public Works/City Engineer of the discovery discovery, and implement interim measures to protect the discovery from looting and vandalism” (.” B. In the Stipulation). b. Immediately upon receipt event that a previously unidentified archaeological resource is discovered during ground disturbing activities associated with construction of the notification required in Project, the above Stipulation, ARHA and/or its assignees shall: 1. inspect City shall require the construction site contractor to determine the extent of the discovery and ensure that halt all construction activities have halted; and 2. clearly xxxx work involving subsurface disturbance in the area of the discovery; and 3resource and in surrounding areas where additional subsurface remains can reasonably be expected to occur. implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. have a City archeologist inspect the construction site to determine the extent Work in all other areas of the discovery and provide recommendations regarding its NRHP eligibility and treatment; andProject may continue. 5. C. The City shall notify the CityFHWA and the VDOT of the archaeological discovery within one (1) working day of its discovery, and shall notify the SHPO and other Consulting Parties within two (2) working days of the discovery describing the measures that have been implemented to comply with this Stipulation. c. Upon receipt of the information required in the above Stipulation, the City shall provide ARHA, the SHPO and other Consulting Parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effectsdiscovery. In making its evaluationthe case of prehistoric or historic Native American sites, the City, in consultation with the FHWA and the VDOT, shall also notify appropriate federal Indian tribes and appropriate Indian tribes recognized by the Commonwealth of Virginia within two (2) working days of the discovery. D. The City shall ensure that an archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards (48 FR 44739) investigates the work site and the resource, and the City shall then forward to the FHWA, the VDOT, and the SHPO, may assume and assist the discovery FHWA in providing to be appropriate Indian tribes, an assessment of the eligibility of the resource for listing on NRHP eligible for the purposes of Section 106 pursuant according to 36 CFR § 800.13(c)60.4, and proposed treatment actions to resolve any adverse effects on the resource. ARHA, the The SHPO and other consulting parties appropriate Indian tribes shall respond to within five (5) working days of receipt of the City’s assessment within forty-eight (48) hours of receipt. d. NRHP eligibility of the resource and proposed action plan. The City will City, in consultation with FHWA and the VDOT, shall take into account the SHPO, ACHP and other Consulting Parties’ recommendations on eligibility and treatment of the discovery SHPO and will notify appropriate Indian tribes regarding NRHP eligibility of the ARHA of any appropriate required actions. ARHA must comply with the required actions resource and provide proposed action plan, and then the City shall carry out the appropriate actions. E. The City shall ensure that construction work within the affected area does not proceed until the appropriate treatment measures are developed and Consulting Parties with a report implemented or the determination is made that the located resource is not eligible for inclusion on the actions when implementedNRHP. Any actions that the City deems appropriate for ARHA Prior to take with regard authorizing construction work to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). e. Construction activities may proceed in the area of the discoveryaffected area, when the City shall provide written documentation to the SHPO, FHWA, and the VDOT that one or the other of these requirements has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are completebeen met.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees shall ensure that A. Section 107.16(d) of the following provision is included in VDOT's Road and Bridge Specifications govern all VDOT construction contracts: “If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, contracts and require the construction contractor shall to act immediately halt all activity within a one hundred (100) foot radius of to suspend work at the discovery, notify ARHA and/or its assignees site of the discovery of any previously unidentified archaeological resource encountered during construction and implement interim measures to protect notify the discovery from looting and vandalism” (the Stipulation)VDOT Project Engineer. b. B. Immediately upon receipt of notification of the notification required in post-review discovery by the above Stipulationcontractor, ARHA and/or its assignees the VDOT shall: 1. inspect Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and; 2. clearly Clearly xxxx the area of the discovery; and; 3. implement Implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. have Have a City qualified archeologist meeting the requirements of Stipulation IX of this Agreement inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and. 5. C. Within 48 hours of the discovery, the VDOT shall notify the Norfolk District, the SHPO, the ACHP, the City, the SHPO and other Consulting Parties consulting parties of the discovery discovery, describing the measures that have been implemented to comply with this Stipulation. In the case of prehistoric or historic Native American sites, the VDOT shall also notify appropriate tribal leaders and the Virginia Council on Indians (VCI). c. D. Upon receipt of the information required in the above StipulationStipulation VII.B, the City Norfolk District shall provide ARHAthe VDOT, the SHPO SHPO, the ACHP, the City, and other Consulting Parties consulting parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve any adverse effects. In making its evaluation, the CityNorfolk District, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). ARHAThe VDOT, the SHPO SHPO, the ACHP, the City, and other consulting parties shall respond to the CityNorfolk District’s assessment within forty-eight (48) hours of receipt. d. E. The City will Norfolk District shall take into account the recommendations of the SHPO, ACHP the ACHP, the City, and other Consulting Parties’ recommendations consulting parties on eligibility and treatment of the discovery and will notify the ARHA VDOT of any appropriate required actions. ARHA VDOT must comply with the required actions and provide the City Norfolk District and Consulting Parties consulting parties with a report on the actions when implemented. Any actions that the City Norfolk District deems appropriate for ARHA VDOT to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit Permit and become conditions to the permitPermit. If ARHA VDOT fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15)Permit. e. F. Construction activities may proceed in the area of the discovery, discovery when the City Norfolk District has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are is complete.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees A. The NPS shall ensure that all construction documents include the following provision is included in all construction contracts: “provisions: 1. If previously unidentified historic properties or unanticipated effects to historic properties are discovered during constructionproject implementation, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees the NPS of the discovery discovery, and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation). b. 2. Immediately upon receipt of the notification required in Stipulation III.A.1 of this document, the above Stipulation, ARHA and/or its assignees NPS shall: 1. (a) inspect the construction Maid’s Cabins site to determine the extent of the discovery and ensure that construction activities have halted; and; 2. (b) clearly xxxx mark the area of the discovery; and; 3. (c) implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. (d) have a City professional archeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. (e) notify the City, the SHPO and other Consulting Parties of the discovery describing the measures that have been implemented to comply with Stipulations III.A.1 and A.2 of this Stipulationdocument. c. Upon 3. Within forty-eight (48) hours of receipt of the information required notification described in the above StipulationStipulation III.A.2 (e) of this document, the City NPS shall provide ARHA, the SHPO and other Consulting Parties with its assessment of the NRHP eligibility of the discovery and the measures proposed it proposes to take to resolve potential adverse effects. In making its official evaluation, the CityNPS, in consultation with the SHPO, SHPO and other consulting parties may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § Part 800.13(c). ARHA, the The SHPO and other consulting parties shall respond to the City’s assessment within forty-eight (48) hours of receipt. d. 4. The City will NPS, which shall take into account the SHPO, ACHP and other Consulting Parties’ ’s recommendations on eligibility and treatment of the discovery and will notify the ARHA of any discovery, shall ensure that appropriate required actions. ARHA must comply with the required actions are carried out and provide the City and Consulting Parties SHPO with a report on the these actions when they have been implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). e. 5. Construction activities may proceed in the area of the discovery, discovery when the City NPS has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation III.A are complete.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees A. The Permittee shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees the Xxxxx River Water Authority of the discovery and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation).” b. B. Immediately upon receipt of the a notification required by the contract provision described in Stipulation IX.A., the above Stipulation, ARHA and/or its assignees Permittee shall: 1. inspect Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and; 2. clearly xxxx Clearly mark the area of the discovery; and; 3. implement Implement additional measures, as appropriate, to protect minimize risk to the discovery from looting and vandalism; and; 4. have Have a City professional archeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. notify Notify the CityCorps, the SHPO SHPO, and other Consulting Parties consulting parties of the discovery describing and describe the measures that have been implemented to comply with this Stipulation. c. C. Upon receipt of the information required in the above StipulationStipulation IX.B.5., the City Corps shall provide ARHAthe Permittee, the SHPO SHPO, and other Consulting Parties consulting parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to avoid or resolve any adverse effectseffects within five (5) business days. In making its evaluation, the CityCorps, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR C.F.R. § 800.13(c). ARHAIf the Permittee, the SHPO SHPO, and other consulting parties shall wish to respond to the City’s assessment Corps’ assessment, they must do so within forty-eight (48) hours of receipt. d. D. The City will Corps shall take into account the SHPO, ACHP ’s and other Consulting Partiesconsulting parties’ recommendations on eligibility and treatment of the discovery and will determine which actions, if any, are appropriate for the Permittee to take with regard to the discovery. The Corps shall notify and provide documentation to the ARHA Permittee regarding any such appropriate actions that are required within forty-eight (48) hours of any appropriate required actionsreceipt. ARHA The Permittee must comply with the required actions and provide the City Corps, the SHPO, and Consulting Parties consulting parties with a report on the actions when implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). e. E. Construction activities may proceed in the area of the discovery, discovery when the City Corps has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation IX.D are complete.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees Dominion shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated adverse effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees of the discovery and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation).the b. Immediately upon receipt of the notification required in the above StipulationStipulation VII(a) above, ARHA and/or its assignees Dominion shall: 1. inspect Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and; 2. Xxxx clearly xxxx the area of the discovery; and; 3. implement Implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and; 4. have Engage a City professional archeologist to inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. notify Notify the City, Corps and the SHPO and other Consulting Parties of the discovery describing the measures that have been implemented to comply with this Stipulationstipulation. c. Upon receipt of the information required in the above Stipulationstipulation, the City Corps shall provide ARHA, Dominion and the SHPO and other Consulting Parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effects. In making its evaluation, the CityCorps, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). ARHADominion, the SHPO and other consulting parties shall respond to the City’s Corps’ assessment within forty-eight (48) hours of receipt. d. The City Corps will take into account the SHPO, ACHP and other Consulting Parties’ SHPO recommendations on eligibility and treatment of the discovery and will notify the ARHA Dominion of any appropriate required actions. ARHA Dominion must comply with the required actions and provide the City Corps and Consulting Parties SHPO with a report on the actions when implemented. Any actions that the City Corps deems appropriate for ARHA Dominion to take with regard to such discovery will automatically become additional stipulations to this Agreement MOA and thereby will be incorporated in the permit and become conditions to the permit. If ARHA Dominion fails to comply with such actions, such failure will constitute a breach of this Agreement MOA and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15)permit. e. Construction activities may proceed in the area of the discovery, discovery when the City Corps has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are complete.actions

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated effects to A. When historic properties are discovered identified after the FHWA has approved an undertaking, but before construction has started, the consultation process outlined in Stipulation IX will be followed. B. When potential historic properties are identified during construction, the construction contractor following process shall immediately halt all activity within a one hundred be followed: (1001) foot radius Work in the immediate area of the discovery shall cease, and TxDOT shall be notified of the discovery; if appropriate, security measures will be initiated to protect the discovery. (2) TxDOT will notify ARHA and/or its assignees the SHPO and, if appropriate, federally recognized tribes, of the discovery and implement interim measures invite them to protect accompany TxDOT staff (or consultants) to the discovery from looting and vandalism” (the Stipulation)location within 48 hours of discovery. b. Immediately (3) TxDOT will evaluate the need, if any, for further investigations upon receipt of visiting the notification required in the above Stipulation, ARHA and/or its assignees shall: 1. inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and 2. clearly xxxx the area location of the discovery; . (4) If TxDOT determines that the discovery is an unrecorded archeological site, they shall complete a State of Texas Archeological Site Data Form. (5) If TxDOT determines that the site does not warrant further investigations, they will write to the SHPO and 3. implement additional measures, as if appropriate, federally recognized tribes outlining their reasons and requesting their concurrence within one (1) business day of the visit to protect the discovery from looting location. The SHPO and, if appropriate, federally recognized tribes, will have two (2) business days to respond. No response will be deemed to represent concurrence and vandalism; andconstruction will resume. 4. have (6) If TxDOT determines that the site warrants further investigation, a City archeologist inspect the construction site to determine the extent scope of work for investigations will be developed within 24 hours of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5visit to the site. notify the City, The scope of work will be submitted to the SHPO and other Consulting Parties appropriate federally recognized tribes who will have one business day to review and comment on the scope of the discovery describing the measures that have been implemented work. No response will be deemed to comply with this Stipulation. c. Upon receipt of the information required in the above Stipulation, the City shall provide ARHA, the SHPO and other Consulting Parties with its assessment of the NRHP eligibility of the discovery represent concurrence and the measures proposed to resolve adverse effectsscope shall be implemented. In making its evaluationIf comments are received, TxDOT and the City, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). ARHA, the SHPO and other consulting parties FHWA shall respond to the City’s assessment within forty-eight (48) hours of receipt. d. The City will take into account those comments and carry out the SHPO, ACHP and other Consulting Parties’ recommendations on eligibility and treatment final scope of work. Upon completion of the discovery and will notify approved work, construction may proceed as planned. A report of the ARHA of any appropriate required actions. ARHA must comply with the required actions and provide the City and Consulting Parties with a report on the actions when implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby investigations will be incorporated in completed within the permit time frame established by the scope of work and become conditions copies provided to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15)all consulting parties. e. Construction activities may proceed in the area of the discovery, when the City has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are complete.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees The NPS shall ensure that all construction documents include the following provision is included in all construction contracts: “provisions: A. If previously unidentified historic properties or unanticipated effects to historic properties are discovered during constructionconstruction activities, the construction contractor shall immediately halt all activity within a one hundred (100) -foot radius of the discovery, notify ARHA and/or its assignees the NPS of the discovery discovery, and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation). b. B. Immediately upon receipt of the notification required in Stipulation VI.A of this document, the above Stipulation, ARHA and/or its assignees NPS shall: 1. inspect Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and; 2. clearly xxxx Clearly mark the area of the discovery; and; 3. implement Implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and; 4. have Have a City archeologist qualified subject matter expert (archeologist, architect, etc. as appropriate) inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. Depending on recommendations from the archeological and/or tribal monitor after discussion with NPS cultural resources personnel, for resources that could potentially be eligible for the NRHP notify ND SHPO. For new findings that are limited to new architectural features associated with the Cityroad, notification can be limited to ND SHPO. For any new findings of archeological or traditional cultural value that could be potentially eligible for the NRHP, notify ND SHPO and other Consulting Parties tribes traditionally associated with THRO. Notification will include a description of the discovery describing finding and the measures that have been implemented to comply with Stipulations VI.B.1-4 of this Stipulation.document.‌ c. Upon C. Within 48 hours of receipt of the information required notification described in the above StipulationStipulation VI.B.5 of this document, the City NPS shall provide ARHA, the ND SHPO and other Consulting Parties tribes traditionally associated with THRO with its assessment of the NRHP eligibility of the discovery and the measures proposed it proposes to take to resolve adverse effects. In making its official evaluation, the CityNPS, in consultation with the SHPO, ND SHPO and tribes may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR Part § 800.13(c). ARHA, the The ND SHPO and other consulting parties tribes shall respond to the City’s assessment within forty-eight (48) 48 hours of receipt. d. D. The City will NPS, which shall take into account the SHPO, ACHP and other Consulting Partiesconsulting parties’ recommendations on eligibility and treatment of the discovery and will notify the ARHA of any discovery, shall ensure that appropriate required actions. ARHA must comply with the required actions are carried out and provide the City ND SHPO and Consulting Parties the other consulting parties with a report on the these actions when they have been implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). e. E. Construction activities may proceed in the discovery area of the discovery, when the City NPS has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation VI.A-D are complete.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees The NPS shall ensure that all construction documents include the following provision is included in all construction contracts: “provisions: A. If previously unidentified historic properties or unanticipated effects to historic properties are discovered during constructionconstruction activities, the construction contractor shall immediately halt all activity within a one hundred (100) -foot radius of the discovery, notify ARHA and/or its assignees the NPS of the discovery discovery, and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation). b. B. Immediately upon receipt of the notification required in Stipulation VII.A of this document, the above Stipulation, ARHA and/or its assignees NPS shall: 1. inspect Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and. 2. clearly xxxx Clearly mark the area of the discovery; and. 3. implement Implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and. 4. have Have a City archeologist qualified subject matter expert (archeologist, architect, etc. as appropriate) inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and. 5. Depending on recommendations from the archeological and/or tribal monitor after discussion with NPS cultural resources personnel, for resources that could potentially be eligible for the NRHP notify AZ SHPO. For new findings that are limited to new architectural features associated with the Cityroad, notification can be limited to ND SHPO. For any new findings of archeological or traditional cultural value that could be potentially eligible for the NRHP, notify AZ SHPO and other Consulting Parties tribes traditionally associated with THRO. Notification will include a description of the discovery describing finding and the measures that have been implemented to comply with Stipulations VII.B.1-4 of this Stipulationdocument. c. Upon C. Within 48 hours of receipt of the information required notification described in the above StipulationStipulation VII.B.5 of this document, the City NPS shall provide ARHA, the AZ SHPO and other Consulting Parties tribes traditionally associated with THRO with its assessment of the NRHP eligibility of the discovery and the measures proposed it proposes to take to resolve adverse effects. In making its official evaluation, the CityNPS, in consultation with the SHPO, AZ SHPO and tribes may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR Part § 800.13(c). ARHA, the The AZ SHPO and other consulting parties tribes shall respond to the City’s assessment within forty-eight (48) 48 hours of receipt. d. D. The City will NPS, which shall take into account the SHPO, ACHP and other Consulting Partiesconsulting parties’ recommendations on eligibility and treatment of the discovery and will notify the ARHA of any discovery, shall ensure that appropriate required actions. ARHA must comply with the required actions are carried out and provide the City AZ SHPO and Consulting Parties the other consulting parties with a report on the these actions when they have been implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). e. E. Construction activities may proceed in the discovery area of the discovery, when the City NPS has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation VII.A-D are complete.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees The Permittee shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees the [NAME of Applicant] of the discovery and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation).. “ b. Immediately upon receipt of the notification required in the above Stipulation, ARHA and/or its assignees shall: 1. the Permittee shall inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and 2. and clearly xxxx the area of the discovery; and 3. and implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and 4. and have a City professional archeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. and notify the CityCorps, the SHPO and other Consulting Parties consulting parties of the discovery describing the measures that have been implemented to comply with this Stipulation. c. Upon receipt of the information required in the above Stipulation, the City Corps shall provide ARHAthe Permittee, the SHPO and other Consulting Parties consulting parties with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effects. In making its evaluation, the CityCorps, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). ARHAThe Permittee, the SHPO and other consulting parties shall respond to the City’s Corps’ assessment within forty-eight (48) hours of receipt. d. The City Corps will take into account the SHPO, ACHP SHPO and other Consulting Partiesconsulting parties’ recommendations on eligibility and treatment of the discovery and will notify the ARHA Permittee of any appropriate required actions. ARHA The Permittee must comply with the required actions and provide the City Corps and Consulting Parties consulting parties with a report on the actions when implemented. Any actions that the City Corps deems appropriate for ARHA the Permittee to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA the Permittee fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15)permit. e. Construction activities may proceed in the area of the discovery, when the City Corps has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation are complete.

POST-REVIEW DISCOVERIES. a. ARHA and/or its assignees The NASA WFF HPO shall ensure that the following provision is included in all construction contracts: “contractors involved in ground disturbing activities are aware of the provisions in Stipulations IV of this Agreement. A. If previously unidentified historic properties or unanticipated effects to historic properties are discovered during construction, the construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify ARHA and/or its assignees the NASA WFF HPO of the discovery discovery, and implement interim measures to protect the discovery from looting and vandalism” (the Stipulation). b. B. Immediately upon receipt of the notification required in Stipulation XII.A, the above Stipulation, ARHA and/or its assignees NASA WFF HPO shall: 1. inspect Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and; 2. clearly Clearly xxxx the area of the discovery; and; 3. implement Implement additional measures, as appropriate, to protect the discovery from looting and vandalism; and; 4. have Have a City archeologist professional archaeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. notify the City, Notify the SHPO and other Consulting Parties consulting parties, as appropriate, of the discovery describing the measures that have been implemented to comply with this Stipulationimplemented. c. Upon C. Within forty-eight (48) hours of receipt of the information required notification described in Stipulation XII.B.5 the above Stipulation, the City NASA WFF HPO shall provide ARHA, the SHPO and other Consulting Parties consulting parties, as appropriate, with its assessment of the NRHP eligibility of the discovery and the measures proposed it proposes to take to resolve adverse effects. In making its official evaluation, the CityNASA WFF HPO, in consultation with the SHPO, may assume the discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). ARHAThe NASA WFF HPO, the SHPO SHPO, and other consulting parties parties, as appropriate, shall respond to the City’s assessment within forty-eight (48) hours of receipt. d. D. The City will NASA WFF HPO shall take into account the SHPO, ACHP and other Consulting Parties’ SHPO recommendations on eligibility and treatment of the discovery and will notify the ARHA of any discovery, shall ensure that appropriate required actions. ARHA must comply with the required actions are carried out, and provide the City SHPO and Consulting Parties other consulting parties, as appropriate, with a report on the these actions when they have been implemented. Any actions that the City deems appropriate for ARHA to take with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If ARHA fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the requirements for HUD authorization to use funds pursuant to a Request for Release of Funds and Certification (form HUD-7015.15). e. E. Construction activities may proceed in the area of the discovery, when the City NASA WFF HPO has determined that implementation of the actions undertaken to address the discovery pursuant to this Stipulation XII.B are complete. F. Any disputes over the evaluation or treatment of previously unidentified resources will be resolved in accordance with Stipulation XIV of this Agreement.