POST-REVIEW DISCOVERIES. If, during the implementation of an undertaking, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. § 800.13(b).
A. In the event that previously unidentified archeological sites or human remains are discovered during project 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. The Agency Official shall immediately notify the SHPO/THPO, Tribes, and other relevant consulting parties including descendent communities.
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 medical examiner or coroner, pursuant to local and state law.
C. 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 eligible, 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 SHPO Human Remains Discovery Protocol. 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 are the preferred options 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.
E. An undertaking that may affect a human burial site shall comply with provisions of New York State and local laws, the terms of this Agreement notwithstanding.
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 noncom...
POST-REVIEW DISCOVERIES. If potential historic properties are discovered or unanticipated effects on historic properties found, the [Agency abbreviation] shall implement the discovery plan included as attachment [insert number of attachment] of this MOA. [Insert this stipulation if there is an indication that historic properties are likely to be discovered during implementation of the undertaking.]
POST-REVIEW DISCOVERIES. If potential historic properties are discovered or unanticipated effects on historic properties found, the FHWA shall make reasonable efforts to avoid, minimize, or mitigate adverse effects to such properties and follow the requirements of 36 CFR Section 800.13(b).
POST-REVIEW DISCOVERIES. If FTA and CTA determine after construction has commenced that Project activities will affect a previously unidentified archaeological or historical resource that may be eligible for the NRHP, or affect a known resource in an unanticipated manner, FTA will address the discovery or unanticipated effect in accordance with 36 CFR § 800.13(a)(2). FTA, at its discretion, may assume any unanticipated discovered property to be eligible for inclusion in the NRHP, pursuant to 36 CFR § 800.13(c). If human remains or archaeological sites are inadvertently discovered, or unanticipated effects on historic properties are found, then CTA will implement the following procedures:
A. Regarding the unanticipated discovery of human remains or burials during demolition or construction activities, CTA will comply with the Illinois Human Skeletal Remains Protection Act (20 ILCS 3440) as administered by the SHPO and will follow the following procedures:
i. Upon encountering human remains or an unmarked human burial during ground disturbing construction activities, CTA will ensure that the construction contractor immediately stops work within a 150-foot radius from the point of discovery. CTA will ensure that the construction contractor implements interim measures to protect the discovery from vandalism and looting but must not remove or otherwise disturb and human remains or other items in the immediate vicinity of the discovery.
ii. CTA will notify the County Coroner, FTA, SHPO, the Tribes, and their interested parties within 48 hours of the discovery. CTA/FTA will contact, by phone, the point of contact for each interested Tribe of the discovery.
iii. The County Coroner will determine jurisdiction. If the remains are older than 100 years, the County Coroner will transfer jurisdiction to SHPO.
iv. In coordination with SHPO, CTA will determine if the skeletal remains are human, the degree to which they were disturbed, and if possible, assess their potential age and cultural affiliation without any further disturbance.
v. CTA/FTA is responsible for notifying the Tribes within 24 hours of SHPO’s findings.
vi. If it is determined by SHPO that intact or fragmented human remains are present and they are Native American, CTA will consult with SHPO, FTA, the Tribes, and other interested parties regarding additional measures to avoid, and protect or mitigate, the adverse effect of the project on the human remains and burial site. These measures may include:
a. Formal archaeological evalu...
POST-REVIEW DISCOVERIES. If previously unidentified historic properties are discovered after PennDOT has completed its review under this PA, or if an undertaking affects previously known historic properties in an unanticipated manner, the procedures under 36 CFR 800.13 will be followed. If the discovery is made during construction, the contractor shall immediately cease work in the area of the discovery and shall follow PennDOT Publication 408. When the discovery consists of human remains, xxxxxx, or grave-associated artifacts or other properties that may be of interest to federally recognized Tribes or Nations with ancestral ties to Pennsylvania, PennDOT will follow the procedures in Stipulation VI. Construction shall not resume in the area of the discovery until the Lead Federal Agency has complied with the requirements of 36 CFR 800.13.
POST-REVIEW DISCOVERIES. If, during project construction, properties are discovered that may be historically significant, or if unanticipated effects on historic properties found, in accordance with 36 CFR § 800.13(a)(2), Pasco County shall immediately notify the SHPO. Demolition or construction activities shall not resume without verbal and/or written authorization from the SHPO. In the event that unmarked human remains are encountered during demolition or construction activities, all work shall stop immediately and the proper authorities shall be notified in accordance with Chapter 872.05, Florida Statutes.
POST-REVIEW DISCOVERIES. If potential historic properties are discovered or unanticipated effects on historic properties found, FHWA shall consult in accordance with 36 CFR Section 800.6(c)(6). If any unanticipated discoveries of historic properties or archaeological sites are encountered during the implementation of this undertaking, MaineDOT shall suspend work in the area of the discovery in accordance with Maine Department of Transportation Standard Specification J 05. 9: Historic and Archaeological Considerations and DOT shall immediately notify the FHWA. In compliance with 36 CFR §800.13, FHWA shall notify within 24 hours the ACHP, the Maine SHPO, and, if applicable, federally recognized tribal organizations that attach religious and/or cultural significance to the affected property. The Maine SHPO, FHWA, MaineDOT, and Tribal representatives, as appropriate, may conduct a joint field review within 72 hours of the notification to the FHWA. The FHWA, in consultation with the appropriate parties, will determine an appropriate treatment of the discovery prior to the resumption of construction activities in the area of the discovery.
POST-REVIEW DISCOVERIES. In the event of any unanticipated discoveries of archaeological sites, unmarked cemeteries, or human remains and associated funerary objects during the implementation of the Projects and/or mitigation, all activities will be suspended in the area of discovery. Buckeye will contact USFWS and SHPO within 48 business hours of the discovery, via telephone at the following numbers: For USFWS, Regional Historic Preservation Officer Xxxxx Xxxxxx at 000-000-0000 and Xxxxx Xxxxxxx, NEPA Projects Manager at 614-416-8993 ext. 16, and for SHPO Xxxxx Xxxxxx at 614-298-2000. If the discovery is of human remains, local law enforcement will be contacted as well. In consultation with SHPO, USFWS shall ensure that, if necessary, a qualified archaeologist, hired and paid by Buckeye (if applicable), will visit and assess the discovery, anticipated to be within 72 hours of the initial notification, or as soon as practicable. Based upon that verbal or written assessment and through consultation, USFWS and SHPO shall agree upon the appropriate treatment of the discovery prior to resumption of construction activities in the area of discovery. If human remains are determined to be of Native American origin, SHPO, in consultation with USFWS shall determine the treatment and disposition of human remains. Buckeye affirms that all human remains will be avoided by direct construction impacts where feasible. If the construction contractor for Buckeye believes that a discovery contains human remains and the discovery is not on federal lands, USFWS and Buckeye will notify the SHPO within two (2) days. Prior to the start of construction and mitigation Buckeye will remind its contractor, in writing, that finding unknown sites and/or human remains are still possible even if the project has been cleared and outline to them the process of inadvertent discovery notification as described above.
POST-REVIEW DISCOVERIES. A. If potential historic properties are discovered or unanticipated effects on historic properties are found in a VA alternative, VA shall notify the SHPO, City, relevant federally recognized tribes, and the ACHP within 48 hours of discovery. If potential historic properties are discovered at the RPC site, and the City is the current owner of the property at that time, the City shall notify VA, SHPO, the relevant federally recognized tribes, and the ACHP within 48 hours of the discovery. If potential historic properties are discovered or unanticipated effects on historic properties are found in a FEMA / FP&C alternative, FP&C shall notify FEMA immediately. Within 48 hours of notification, FEMA will contact the SHPO, City, relevant federally recognized tribes, and the ACHP.
1. VA (in the case of the VA Undertaking) or FP&C (in the case of the FEMA Undertaking) immediately shall secure the jobsite and suspend work in the vicinity of the affected resource. VA or FEMA will consult with the Signatory Parties, relevant federally recognized tribes, and the ACHP to resolve adverse effects. The Responsible Agency shall take into account the recommendations of these parties and take appropriate actions and provide a report of the actions when they are completed.
B. VA and FP&C shall insure that all construction contractors are made aware of the requirements of the PA.
