Common use of Work Plans Clause in Contracts

Work Plans. When SHPO and DoD concur in the need for supplemental identification and evaluation efforts, DoD will submit a work plan to the SHPO prior to conducting field investigations, such as archaeological testing, architectural surveys, other data collection, or ethnographic interviews. a. DoD will notify the Signatories of the submission of a work plan and, upon request, these parties may review work plans; however, data subject to Archaeological Resources Protection Act (ARPA) (16 U.S.C. 470hh) and NHPA (16 U.S.C. 470w-3) will be restricted consistent with those statutes DoD will consider comments from these parties in consultation with SHPO, as stipulated below in subpart b of this part. b. SHPO will comment on work plans provided by DoD within 45 days of the date such documentation is received by the SHPO. If SHPO concurs with the plan, DoD may proceed accordingly. If DoD has received no written comments from the SHPO within 45 days after submission of the plan to the SHPO, DoD may assume concurrence and proceed consistent with its findings. c. If SHPO disagrees with the work plan, SHPO will provide written notification to DoD within 45 days from the date SHPO received the plan. The notice should include the reasons for the disagreement and SHPO’s proposed resolution. DoD will take SHPO’s comments into account and advise SHPO of DoD’s response. If the parties still disagree, DoD and SHPO will consult for an additional period not to exceed 15 days from the date of DoD’s notice of proposed response. If consensus cannot be reached within 15 days, DoD will provide written notice to the Signatories, Invited Signatories, and Concurring Parties of DoD’s decision and further disagreement, if any, will be addressed in accordance with Stipulation XIII.B. The party referring the matter for resolution under Stipulation XIII.B must provide DoD with written notification of the referral within 10 days of DoD’s notice of decision.

Work Plans. When SHPO and DoD concur in the need for supplemental identification and evaluation efforts, DoD will submit a work plan to the SHPO prior to conducting field investigations, such as archaeological testing, architectural surveys, other data collection, or ethnographic interviews. a. DoD will notify the Signatories of the submission of a work plan and, upon request, these parties may review work plans; however, data subject to Archaeological Resources Protection Act (ARPA) (16 U.S.C. 470hh) and NHPA (16 U.S.C. 470w-3) will be restricted consistent with those statutes DoD will consider comments from these parties in consultation with SHPO, as stipulated below in subpart b of this part. b. SHPO will comment on work plans provided by DoD within 45 days of the date such documentation is received by the SHPO. If SHPO concurs with the plan, DoD may proceed accordingly. If DoD has received no written comments from the SHPO within 45 days after submission of the plan to the SHPO, DoD may assume concurrence and proceed consistent with its findings. c. If SHPO disagrees with the work plan, SHPO will provide written notification to DoD within 45 days from the date SHPO received the plan. The notice should include the reasons for the disagreement and SHPO▇▇▇▇’s proposed resolution. DoD will take SHPO’s comments into account and advise SHPO of DoD’s response. If the parties still disagree, DoD and SHPO will consult for an additional period not to exceed 15 days from the date of DoD’s notice of proposed response. If consensus cannot be reached within 15 days, DoD will provide written notice to the Signatories, Invited Signatories, and Concurring Parties of DoD’s decision and further disagreement, if any, will be addressed in accordance with Stipulation XIII.B. The party referring the matter for resolution under Stipulation XIII.B must provide DoD with written notification of the referral within 10 days of DoD’s notice of decision.