DISCOVERY SITUATIONS. There is some potential for encountering previously unrecorded properties or for affecting properties in an unanticipated manner during the course of project implementation. Previously unrecorded properties that are encountered during the course of a Project shall be protected in the same manner as other properties, using the protection measures in Attachment 3. If the Forest determines that a property has been damaged, the Forests shall halt all activities that could result in further damage to the property and shall notify SHPO concerning proposed actions to resolve adverse effects. The SHPO shall respond within 48 hours of notification. The Forests shall carry out the agreed- upon actions.
DISCOVERY SITUATIONS. On public or private lands where NRCS is providing financial assistance and has control of the outcome of the project, the agency will assume the lead agency status for cultural resources compliance. Depending on which agency has decision making control of the outcome of a project, whether by financial responsibility or edict, if another federal agency is cooperating in the same project and wishes to assume the lead role, written documentation on the designation of the lead agency accepting that responsibility and the corresponding agency official who shall act in their behalf shall be provided to the SHPO allowing NRCS to defer its Section 106 NHPA responsibilities to the other agency and still be able to fulfill its Section 106 NHPA obligations. If, under these situations, a lead federal agency is not designated, NRCS remains individually responsible for their compliance with this part. If inadvertent discoveries of human remains and/or associated funerary objects are identified in the APE, all activities will cease in the vicinity of the find. Though policy requires at least 50’ or more around the site of each discovery, that buffer may be refined as NRCS works with its consulting parties. As the lead agency, NRCS, in concert with the SHPO, THPO(s), or tribal representative(s) and other consulting parties, shall ensure that consultation is conducted during this process.
DISCOVERY SITUATIONS. Pursuant to 36 CFR 800.11, if cultural material is discovered during the implementation of the project, the FHWA shall ensure that all construction activities will cease in the area of the discovery and the SHPO, the Caddo Tribe, and other interested parties shall be notified. The FHWA, through consultation with the Caddo Tribe and the SHPO, will determine eligibility of the discovered properties for the Register and the treatment of historic properties. The Caddo Tribe will be provided with an opportunity to review and comment on proposed treatment measures. Disputes arising from such review will be resolved in accordance with Stipulation XIII below.
DISCOVERY SITUATIONS. If previously unidentified historic properties are discovered or if there 641 are unanticipated effects on historic properties after NMDOT has completed its review under 642 this PA, then construction within 50 feet of the discovery shall stop immediately. The project 643 engineer or manager shall immediately contact the NMDOT Environmental Bureau, Cultural 644 Resource Section who will in turn contact the land managing agency (if other than NMDOT), 645 the SHPO, the THPO (if applicable), and any Indian Tribe(s) that may ascribe traditional 646 cultural and religious significance to the discovered property. FHWA and NMDOT shall 647 consult with the appropriate agencies and the SHPO to record, document and evaluate the 648 National Register eligibility of the discovery and design a plan for avoiding or mitigating 649 adverse effects if necessary. 650 651 652 XV. Human remains: If human remains are uncovered during construction, construction 653 activities within 50 feet shall stop immediately. The remains shall be respectfully covered 654 and the project engineer or manager will immediately contact the NMDOT Cultural 655 Resource Section Supervisor and notify the appropriate law enforcement agency as set 656 forth below. 657 658 A. . If the human remains are from state or private lands, the Cultural Properties Act 659 (§ 18-6-11.2, NMSA 1978) will apply. The local law enforcement with jurisdiction and 660 the SHPO will be notified immediately. The law enforcement agency will notify the 661 Office of the Medical Investigator. The consultation process detailed in 4.10.11 NMAC 662 will be followed for both Native American remains and non-Native American remains 663 664 B. If the human remains are from federal or Indian lands, the appropriate federal law 665 enforcement officer will be notified immediately. If the remains are determined to be 666 Native American, the FHWA and federal land manager or Tribe with jurisdiction shall 667 consult with the proper tribal representatives per the Native American Xxxxxx Protection 668 and Repatriation Act (NAGPRA)(Public Law 101-601; 25 USC 3001 et seq.). 669 670
DISCOVERY SITUATIONS. The BLM and SHPO have agreed upon a standard discovery plan for inclusion in this Protocol, see Appendix K. A Field Office may use this discovery plan without additional SHPO consultation. The BLM will encourage development of undertaking-specific discovery plans for large and complex undertakings and location specific plans for areas known to contain buried archaeological sites. Undertaking and/or location specific discovery plans will be forwarded to the SHPO in Cheyenne for a 30 day review along with BLM’s determination of effect for the undertaking. If SHPO does not respond within 30 days, BLM may assume concurrence with the discovery plan. When a discovery plan has been accepted by BLM and SHPO, the BLM will follow the plan when cultural resources are discovered during implementation of an undertaking. The BLM shall make reasonable efforts to avoid and minimize adverse effects to such properties until treatment is completed in accordance with the discovery plan.
DISCOVERY SITUATIONS. Previously unrecorded cultural materials or human remains that are discovered during the course of road maintenance shall be protected and all activity that could result in disturbance to the property shall halt, and the Forest Archaeologist shall be notified immediately. If the Forest Archaeologist determines that a property is eligible and will be impacted, the Forest shall notify the SHPO of the discovery and the proposed action.
DISCOVERY SITUATIONS. There is some potential for encountering previously unrecorded properties or for affecting properties in an unanticipated manner during the course of noxious weed control activity implementation. Previously unrecorded properties that are encountered during the course of a noxious weed control activity shall be protected in the same manner as other eligible or unevaluated properties, using the protection measures in Item 6 above. If a Forest determines that an eligible or unevaluated property has been damaged, the Forest shall halt all activities that could result in further damage to the property and shall notify SHPO and any affected tribes concerning proposed actions to resolve adverse effects. The SHPO shall respond within 48 hours of notification. The Forest shall carry out the agreed-upon actions.
DISCOVERY SITUATIONS. Previously unrecorded properties that are encountered during the course of implementing a ground-disturbing range management activity shall be protected in the same manner as other eligible or unevaluated properties, using the protection measures in Item VI above. If a Forest determines that an eligible or unevaluated property has been damaged, the Forest shall halt all activities that could result in further damage to the property and shall notify SHPO and any affected tribes concerning proposed actions to resolve adverse effects. The SHPO shall respond within 48 hours of notification. The Forest shall carry out the agreed-upon treatment actions.
DISCOVERY SITUATIONS. Previously unrecorded properties that are encountered during the course of implementing a ground- disturbing activity associated with travel management shall be protected in the same manner as other eligible or unevaluated properties, using the protection measures in Section IX above. If a Forest determines that an eligible or unevaluated property has been damaged, the Forest shall halt all activities in the area of actual or possible damage and shall notify SHPO and any affected tribes concerning proposed actions to resolve adverse effects. The SHPO shall respond within 48 hours of notification. The Forest shall carry out the agreed-upon actions.
DISCOVERY SITUATIONS. A. On discovery of any artifact or other evidence, by anyone associated with the Undertaking, indicating the possibility of a buried or previously unidentified potential historic property, other than isolates:
