RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES. A. To the extent practicable, the Corps shall seek ways to avoid and minimize adverse effects to historic properties. If adverse effects to historic properties cannot be avoided by a Planned Project, the Corps shall prepare a Historic Properties Treatment Plan (HPTP) which shall outline how the adverse effects for the Planned Project will be resolved. The HPTP will be executed, and field work associated with the HPTP will be completed prior to the issuance of a notice to proceed for the Planned Project.
B. The Corps will develop the HPTP in consultation with the Planned Project Consulting Parties and the SHPO and tailor treatment efforts to the types and degree of anticipated Planned Project effects. Mitigation shall address the loss of location, design, setting, materials, feeling, association and workmanship.
C. If the HPTP specifically addresses mitigation for adverse effects to historic properties to which Federally or non-Federally recognized Tribes attach religious or cultural significance, the Corps shall consult with the appropriate Tribe on the distribution of the draft HPTP to the Planned Project Consulting Parties. Following that consultation, the Corps shall submit the HPTP to the Planned Project Consulting Parties for a thirty (30) day review, subject to the confidentiality provisions of 36 C.F.R. § 800.11(c).
D. After the Federally or non-Federally recognized Tribes and Planned Project Consulting Parties’ thirty (30)-day review period, the Corps shall submit the HPTP to the SHPO. The SHPO shall have a thirty (30)-day review period. If the SHPO does not concur with the HPTP, the Corps shall consult with the SHPO in an attempt to resolve the dispute. If an agreement on the HPTP cannot be reached within thirty (30) days, or as extended through agreement by the Signatories, resolution of the issue may proceed by following the dispute resolution process in Stipulation XIII or termination process in Stipulation XVIII.
E. The Corps shall ensure that the Planned Project HPTPs are tailored to the specific historic property types within the Planned Project APE and include the following framework, for consistency:
1. A description of the Planned Project(s).
2. A map of the historic property(ies) locations, situating them in relationship to the Planned Project(s).
3. A description of the historic property(ies) to which the HPTP applies, including associated primary number(s) and Trinomial(s) or other identifying names.
4. The results of previous research...
RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES. If, after carrying out the steps in Sections I and II, TVA finds that the undertaking would result in an adverse effect to an historic property, and has determined in consultation with the Signatories that avoidance of the historic property in the APE is not possible, then TVA shall notify the Council pursuant to 36 CFR § 800.6(a)(1), providing the documentation specified in § 800.11(e), and shall invite the Council to participate. TVA shall treat that historic property in the manner outlined below.
A. MINIMIZATION TVA will consult with the Signatories in order to seek a course of action that will minimize any adverse project-related effects to historic properties, if any such course is realistically possible.
B. MITIGATION
1. If avoidance and minimization alternatives have been determined by TVA, in consultation with the Signatories, not to be technically feasible or economically prudent, TVA will notify the Council pursuant to 36 CFR § 800.6(a)(1), and will develop treatment measures for mitigation of adverse effect(s) to historic properties. TVA shall consult with the Signatories to reach agreement on appropriate treatment measures.
2. In the case of an NRHP-eligible archaeological site, mitigation shall consist of data recovery. TVA will develop a Data Recovery Plan written by a qualified professional archaeologist that meets the standards set forth in Archeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines. Upon concurrence by the Signatories, TVA will distribute the Data Recovery Plan to all Signatories. The Data Recovery Plan shall be developed consistent with the applicable provisions in 36 CFR §§ 800.5 and 800.16, the standards set forth in Archeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines, and the standards set forth in the Tennessee SHPO Standards and Guidelines for Archaeological Resource Management Studies (March 2009 revision). The Data Recovery Plan shall specify, at a minimum:
a) the property, properties, or portions of properties where data recovery is to be carried out;
b) any property, properties, or portions of properties that will be destroyed without data recovery;
c) the research questions to be addressed through data recovery, with an explanation of their relevance and importance;
d) the field and laboratory methods to be used, with an explanation of their relevance to the research questions;
e) the methods to be used in analysis, data management, and dissemination ...
RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES. When adverse effects to historic properties within individual constructible elements of the Project have been resolved through the implementation of a treatment plan, the IDOT, in coordination with the FRA, shall submit to the SHPO documentation that the treatment plan has been fully implemented. Along with this documentation, the IDOT, in coordination with the FRA, shall submit to the SHPO a request for concurrence that the adverse effects have been resolved. The SHPO’s concurrence will signify that the adverse effect has been mitigated in accordance with the treatment plan and the Section 106 process has been completed for this particular constructible element of the Project. Chicago to St. Louis HSR Corridor PA Page 7
RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES. A) Prior to physical work that will have an adverse effect on the historic property beginning, mitigation measures will be developed by the Corps and Xxxxxxx County in consultation with the consulting parties to this PA.
1) If mitigation measures are required to address adverse effects, Xxxxxxx County will DRAFT PROGRAMMATIC AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, KANSAS CITY DISTRICT XXXXXXX COUNTY, MISSOURI; AND THE MISSOURI STATE HISTORIC PRESERVATION OFFICER REGARDING REPURPOSE OR DEMOMOLITION OF THE LONGVIEW FARM GARAGE/APARTMENT AND POWERHOUSE BUILDING AND THE GREENHOUSE MANAGER’S HOUSE AT LONGVIEW LAKE IN XXXXXXX COUNTY, MISSOURI develop a treatment plan that the Corps will review.
a. Mitigation measures may include, but are not limited to, oral history, history markers, an historic context, photographs, interpretive brochures, publications, and documentation in accordance with the Historic American Building Survey (HABS).
b. After the Corps and Xxxxxxx County have developed their mitigation recommendations, these recommendations will be provided by the Corps to SHPO and other consulting parties either electronically or physically to review and comment on the recommendations. The recommendation shall include:
i. Measures that will be completed to mitigate the adverse effects to historic properties
ii. Qualifications of professionals who will complete the work
iii. Project specifications that outline the work to be completed and associated deliverables.
c. The SHPO and other consulting parties shall have thirty (30) calendar days to review and comment on the proposed mitigation measures.
d. After the thirty (30) calendar days review period, the Corps, Xxxxxxx County, SHPO, and other consulting parties will participate in a meeting either in person or via virtual meeting to discuss the recommended mitigation.
e. The Corps and Xxxxxxx County will take into account and respond to all comments from SHPO and other consulting parties.
x. Xxxxxxx County and the Corps shall agree upon a revised draft plan of the mitigation measures, which shall then be provided to SHPO and consulting parties to this PA, who shall provide any comments within a period of thirty (30) business days. The Corps and Xxxxxxx County will respond to all comments received from SHPO and consulting parties within this period and will consider these comments in the formulation of the final mitigation measures.
g. Corps shall provide the SHPO with a copy of the final proposal for...
