Common use of TREATMENT OF HISTORIC PROPERTIES Clause in Contracts

TREATMENT OF HISTORIC PROPERTIES. A. Memoranda of Agreement 1. A MOA will be developed by the Authority for each undertaking where the FRA determines there would be an adverse effect to historic properties or when phased identification is necessary and adverse effects would occur. 2. Each MOA will include avoidance, minimization, and protective measures for eligible properties identified in the HPSRs such as preservation-in-place; processes for addressing project design changes or refinements after the HPSRs, FOEs and project XXXx are completed, incomplete identification of buried resources, and unanticipated discoveries. 3. The FRA will notify the Council of any findings of adverse effect and invite the Council to participate in the development of the MOAs pursuant to 36 CFR 800.6(a)(1)(i)(c) as appropriate. 4. Should Native American tribes or groups decline to participate as signatories to an MOA, they will not be provided documentation regarding treatment that is called for in this Agreement or in subsequent MOAs unless they expressly request such information. Native American tribes and groups will continue to receive information on the undertakings as part of the NEPA process and may request to consult on an undertaking, or request additional coordination with the Authority or the FRA. 5. Pursuant to 36 CFR 800.11(e) through (g), views of the public will be considered and included where appropriate in individual section MOAs. 6. Upon review, concurrence, and execution of the MOA, Section 106 will be considered concluded for that undertaking.