Common use of REVIEW DISCOVERIES Clause in Contracts

REVIEW DISCOVERIES. If, during the implementation of an undertaking, a previously unidentified property that may meet the criteria for eligibility for inclusion in the National Register is encountered, or a known and previously identified historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. Part 800.13(b). A. In the event of an unexpected discovery and/or unanticipated effect during project implementation or 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 of discovery. The Agency Official shall immediately notify the SHPO/THPO, Tribes, and other relevant consulting parties including descendent communities by email and phone. 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 the coroner/medical examiner pursuant to local/state law. C. In the event of an unexpected discovery of a site, 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 to meet the Criteria for eligibility for listing in the National Register, 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 PA SHPO’s Guidelines for Archaeological Investigations in Pennsylvania. 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 is the preferred 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.

REVIEW DISCOVERIES. IfA. If newly identified historic properties are discovered during Project construction or unanticipated effects on known historic properties are identified, during the implementation of an undertakingFRA and DRPT will comply with 36 CFR § 800.13 by consulting with NPS, a previously unidentified property DC SHPO and/or VDHR and, if applicable, federally recognized Indian tribes that may meet attach religious and/or cultural significance to the criteria for eligibility for inclusion in the National Register is encounteredaffected property; and by developing and implementing avoidance, minimization, or a known and previously identified historic property may be affected in an unanticipated mannermitigation measures with the concurrence of NPS, the Agency Official shall follow 36 C.F.R. Part 800.13(b)DC SHPO and/or VDHR and, if applicable, federally recognized Indian tribes. A. In the event of an unexpected discovery 1. DRPT will immediately cease all ground disturbing and/or unanticipated effect during project implementation or construction, that portion construction activities within a 50- foot radius of the project shall stop immediatelydiscovery. DRPT will not resume ground disturbing and/or construction activities until the specified Section 106 process required by this PA is complete. 2. DRPT will notify FRA of any discovery within forty-eight (48) hours of the discovery. In turn, DRPT and/or FRA, will inform the Signatories of the discovery and their projected path forward to comply with Section 106 within fourteen (14) calendar days and the project manager shall take appropriate steps plan to immediately secure the site and shall notify the Agency Official within 48 hours of discoverymove forward. 3. The Agency Official shall immediately notify Signatories will review the SHPO/THPO, Tribes, documents and other relevant consulting parties including descendent communities by email provide written comments to FRA and phoneDRPT within seven (7) calendar days or another agreed upon timeframe. B. If human remains are discovered4. DRPT, they shall be respectfully covered over in consultation with FRA, will consider the written comments to the fullest reasonable extent. Should DRPT, in consultation with FRA, object to any comments made by the Signatories, DRPT will provide a written explanation of their objection and protected. In addition, the project manager shall immediately notify local and/or state law enforcement authorities including the coroner/medical examiner pursuant to local/state law. C. In the event of an unexpected discovery of a site, the Agency Official shall will consult with the SHPO, THPO and tribes or other descendent community representatives Signatories to determine if resolve the discovered site appears eligible for the National Registerobjection. If it does appear no agreement is reached within thirty (30) calendar days following receipt of a written explanation, FRA will request the ACHP to meet review the Criteria for eligibility for listing dispute in accordance with Stipulation X. 5. If no Signatory provides written comments within the National Registeragreed upon timeframe noted above, FRA will assume they have no comments regarding 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 discovery and commenttheir outlined path forward. The treatment plan shall be consistent DRPT may then proceed with the ACHP’s handbook Treatment of Archaeological Properties and subsequent amendments and PA SHPO’s Guidelines for Archaeological Investigations in Pennsylvaniasubmitted plan. 6. If human remains are discoveredDRPT receives any type of objection, the treatment plan shall follow the guidance DRPT will notify FRA and then work in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communitiesFRA to take the appropriate action and notify Signatories of FRA’s decision. Avoidance DRPT xxx prepare and preservation in place is the preferred option for treating human remainsdistribute correspondence on behalf of FRA after coordination. 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.