Common use of Category V Clause in Contracts

Category V. Category V undertakings are defined by NRCS Utah as undertakings that will involve adverse effects to historic properties as defined in 36 CFR Part 800. 5.a.1. For such undertakings, NRCS Utah will resolve the adverse effects through the development of a treatment plan detailing the measures that will be used to minimize and mitigate the effects to the historic properties in accordance with 36 CFR Part 800.6. This treatment plan will be developed through consultation among the NRCS, the Utah SHPO, and other consulting parties, as appropriate. The ACHP will be invited to participate in the consultation process as well. Once the treatment plan and measures to minimize and mitigate the adverse effects are agreed upon by the consulting parties, a Memorandum of Agreement (MOA) will be executed and implemented pursuant to compliance with Section 106. VIII. CRITERIA FOR ASSISTANCE FROM NRCS UTAH CRS PERSONNEL As stated previously, participation in the National Cultural Resources Training Series and the supplemental training every five years authorizes NRCS Utah to utilize its personnel and conservation partners in completing basic cultural resources. In accordance with the NRCS Utah SPPA, the use of trained personnel for completing cultural resources investigations is limited to those undertakings where NRCS Utah has been determined to be the lead Federal agency for the purposes of Section 106, where no extenuating circumstances exist, and where the undertakings occur exclusively on privately-owned lands. Utilizing the five-category cultural resources compliance system, Table 3 presents the criteria that are used to determine if an undertaking requires further assistance from NRCS Utah CRS personnel.