Common use of Execution and Implementation Clause in Contracts

Execution and Implementation. Execution of this MOA by the Signatories and its subsequent filing with the ACHP by FRA, demonstrates that FRA has taken into account the effect of the Undertaking on historic properties, has afforded the ACHP an opportunity to comment, and FRA has satisfied its responsibilities under Section 106 of the NHPA and its implementing regulations. MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA FEDERAL RAILROAD ADMINISTRATION By: Xxxxxx Xxxxxx Acting Federal Preservation Officer Date: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER By: Xxx X. Xxxxxxx South Dakota State Historic Preservation Officer Date: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION By: Xxxx Xxxxx Secretary Date: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA XXXXX & EASTERN COMPANY By: Xxxxx Xxxxx President Date: ATTACHMENT 1 – SECTION 106 CONSULTATION DOCUMENTATION ATTACHMENT 2 – AREA OF POTENTIAL EFFECTS

Execution and Implementation. Execution of this MOA by the Signatories and its subsequent filing with the ACHP by FRA, demonstrates that FRA has taken into account the effect of the Undertaking Project on historic properties, has afforded the ACHP an opportunity to comment, and FRA has satisfied its responsibilities under Section 106 of the NHPA and its implementing regulations. MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, ADMINISTRATION AND THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA COLORADO STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY OFFICER REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES AMIMAS RIVER BRIDGE NUMBER 495A REPLACEMENT PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA SAN JUAN COUNTY, SOUTH DAKOTA COLORADO (HISTORY COLORADO NO. 80315) FEDERAL RAILROAD ADMINISTRATION By: Date: Xxxxxx Xxxxxx Acting Federal Preservation Officer Date: Office of Environmental Program Management Cultural Resources Division MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, ADMINISTRATION AND THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA COLORADO STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY OFFICER REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES AMIMAS RIVER BRIDGE NUMBER 495A REPLACEMENT PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA SAN JUAN COUNTY, SOUTH DAKOTA SOUTH DAKOTA COLORADO (HISTORY COLORADO NO. 80315) COLORADO STATE HISTORIC PRESERVATION OFFICER By: Xxx X. Xxxxxxx South Dakota Date: Xxxx XxXxxxxx State Historic Preservation Officer Date: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, ADMINISTRATION AND THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA COLORADO STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY OFFICER REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES AMIMAS RIVER BRIDGE NUMBER 495A REPLACEMENT PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA SAN JUAN COUNTY, SOUTH DAKOTA SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION COLORADO (HISTORY COLORADO NO. 80315) DURANGO & SILVERTON NARROW GAUGE RAILROAD (D&SNGR) By: Xxxx Xxxxx Secretary Date: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA XXXXX & EASTERN COMPANY By: Xxxxx Xxxxx President Date: ATTACHMENT 1 – SECTION 106 CONSULTATION DOCUMENTATION ATTACHMENT 2 – AREA OF POTENTIAL EFFECTSXxxxxxx Xxxxxxxxxx

Execution and Implementation. Execution and implementation of this MOA by Agreement evidences that the Signatories and its subsequent filing with the ACHP by FRA, demonstrates that FRA has taken into account the effect of the Undertaking on historic properties, has afforded the ACHP an opportunity to comment, STB and FRA has have satisfied its responsibilities under Section 106 of the NHPA and its implementing regulationsNational Historic Preservation Act pursuant to 36 CFR 800. MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA FEDERAL RAILROAD ADMINISTRATION S IGNATORIES Surface Transportation Board By: Xxxxxx Xxxxxx Acting Federal Preservation Officer Date: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATIONXxxxxxxx Xxxxxx, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATIONDirector, THE SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER Office of Environmental Analysis Advisory Council on Historic Preservation By: Xxx Xxxx X. Xxxxxxx South Dakota Xxxxxx, Executive Director Alaska State Historic Preservation Officer By: Xxxxxx X. Xxxxxxx, State Historic Preservation Officer Federal Railroad Administration By: Date: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATIONDate: Date: Xxxx Xxxxxxxx, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATIONAssociate Administrator for Railroad Development INVITED S IGNATORIES Knik Tribal Council By: Xxxxxxx Xxxxxxx, THE SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICERActing Director Alaska Railroad Corporation By: Date: Date: Xxxxxxxxxxx Xxxxxxxx, AND THE XXXXX & EASTERN COMPANY REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION President and Chief Executive Officer CONCURRING PARTIES Chickaloon Village Traditional Council By: Xxxx Xxxxx Secretary DateXxxxxxxx, Chief Native Village of Eklutna By: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATIONXxxxxxx Xxxx, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, THE SOUTH DAKOTA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES PROJECT XXXXXXX AND SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA XXXXX & EASTERN COMPANY President Native Village of Tyonek By: Xxxxx Xxxxx Xxxxxxxxx, President Date: Date: Date: Cook Inlet Region, Inc. By: Xxxxxxxx X. Xxxxx, President and Chief Executive Officer Eklutna, Inc. By: Xxxxxx XxXxxxx, Chief Executive Officer Knikatnu, Inc. By: Xxxxxxx Xxxxxxxx, President State of Alaska, Department of Natural Resources By: Date: Date: Date: Date: Xxx Xxxxxxx, Acting Director, Division of Mining, Land, and Water Matanuska-Susitna Borough Historical Commission By: Xxxx Xxxxxx-Boss, Cultural Resources Specialist Date: Happy Trails Kennels By: Xxxxxx Xxxxx Willow Dog Mushers Association By: Xxxx XxXxxxxx, President Iditarod Historic Trails Alliance By: Xxxxxx X. Xxxxxxx, President Date: Date: Date: ATTACHMENT 1 – SECTION 106 CONSULTATION DOCUMENTATION ATTACHMENT 2 – AREA A PLAN OF POTENTIAL EFFECTSACTION FOR THE TREATMENT OF UNANTICIPATED DISCOVERY OF HUMAN REMAINS , XXXXXX AND HIS TORIC PROPERTIES A.1. Human Remains and Gra ves The Native American Xxxxxx Protection and Repatriation Act (NAGPRA) regulations (43 CFR 10), do not apply to the Undertaking because it would not occur on Federal lands. The following steps must be taken if human remains, or suspected human remains, are discovered:

Execution and Implementation. Execution of this MOA Agreement by the Signatories and its subsequent filing with the ACHP by FRA, demonstrates that FRA has taken into account the effect of the Undertaking on historic properties, has afforded the ACHP an opportunity to comment, and FRA has satisfied its responsibilities under Section 106 of the NHPA and its implementing regulations. MEMORANDUM OF PROGRAMMATIC AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATIONCALIFORNIA STATE HISTORIC PRESERVATION OFFICER, THE SOUTH DAKOTA NEVADA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY ADVISORY COUNCIL ON HISTORIC PRESERVATION, REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES BRIGHTLINE WEST – LAS VEGAS TO XXXXXX VALLEY PROJECT XXXXXXX IN BAKER, YERMO, AND SIOUX FALLSBARSTOW, MINNEHAHA IN SAN BERNARDINO COUNTY, SOUTH DAKOTA FEDERAL RAILROAD ADMINISTRATION CALIFORNIA, AND IN LAS VEGAS AND PRIMM, IN CLARK COUNTY, NEVADA SIGNATORY: CALIFORNIA STATE HISTORIC PRESERVATION OFFICER By: Xxxxxx Xxxxxx Acting Federal Xxxxxxxx Xxxxxxx State Historic Preservation Officer Date: MEMORANDUM OF July 28, 2023 PROGRAMMATIC AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATIONCALIFORNIA STATE HISTORIC PRESERVATION OFFICER, THE SOUTH DAKOTA NEVADA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY ADVISORY COUNCIL ON HISTORIC PRESERVATION, REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES BRIGHTLINE WEST – LAS VEGAS TO XXXXXX VALLEY PROJECT XXXXXXX IN BAKER, YERMO, AND SIOUX FALLSBARSTOW, MINNEHAHA IN SAN BERNARDINO COUNTY, SOUTH DAKOTA SOUTH DAKOTA STATE CALIFORNIA, AND IN LAS VEGAS AND PRIMM, IN CLARK COUNTY, NEVADA SIGNATORY: ADVISORY COUNCIL ON HISTORIC PRESERVATION OFFICER By: Xxx Acting for Xxxx X. Xxxxxxx South Dakota State Historic Preservation Officer Xxxxxx Executive Director Date: MEMORANDUM OF 8/15/2023 DocuSign Envelope ID: 27C4D63E-9150-43B7-BF25-7793B4C668DB PROGRAMMATIC AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATIONCALIFORNIA STATE HISTORIC PRESERVATION OFFICER, THE SOUTH DAKOTA NEVADA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY ADVISORY COUNCIL ON HISTORIC PRESERVATION, REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES BRIGHTLINE WEST – LAS VEGAS TO XXXXXX VALLEY PROJECT XXXXXXX IN BAKER, YERMO, AND SIOUX FALLSBARSTOW, MINNEHAHA IN SAN BERNARDINO COUNTY, SOUTH DAKOTA SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION CALIFORNIA, AND IN LAS VEGAS AND PRIMM, IN CLARK COUNTY, NEVADA INVITED SIGNATORY: DESERTXPRESS ENTERPRISES, LLC By: Xxxx Xxxxx Secretary Xxxxxxxxx President Date: MEMORANDUM OF 7/28/2023 PROGRAMMATIC AGREEMENT AMONG THE FEDERAL RAILROAD ADMINISTRATION, THE SOUTH DAKOTA DEPARTMENT OF TRANSPORTATIONCALIFORNIA STATE HISTORIC PRESERVATION OFFICER, THE SOUTH DAKOTA NEVADA STATE HISTORIC PRESERVATION OFFICER, AND THE XXXXX & EASTERN COMPANY ADVISORY COUNCIL ON HISTORIC PRESERVATION, REGARDING THE XXXXX & EASTERN SIOUX FALLS AREA BRIDGES BRIGHTLINE WEST – LAS VEGAS TO XXXXXX VALLEY PROJECT XXXXXXX IN BAKER, YERMO, AND SIOUX FALLSBARSTOW, MINNEHAHA IN SAN BERNARDINO COUNTY, SOUTH DAKOTA XXXXX & EASTERN COMPANY By: Xxxxx Xxxxx President Date: ATTACHMENT 1 – SECTION 106 CONSULTATION DOCUMENTATION ATTACHMENT 2 – AREA OF POTENTIAL EFFECTSCALIFORNIA, AND IN LAS VEGAS AND PRIMM, IN CLARK COUNTY, NEVADA INVITED SIGNATORY: