Common use of INTRODUCTION/OVERVIEW Clause in Contracts

INTRODUCTION/OVERVIEW. The Mississippi NRCS has developed a process to comply with requirements of the National Historic Preservation Act (NHPA) and 36CFR800. Our agency mission results in many small actions on private land in which federal involvement may be planning assistance, technical advice, project design, cost sharing, purchase of easements, and/or approval. NHPA requires that NRCS take into account the effects of its actions on historic properties. Federal regulations, 36CFR800, identify how to comply with section 106 of NHPA. The Mississippi NRCS compliance process detailed in this handbook identifies the appropriate level of effort that is commensurate with the nature of potential effects and the degree of federal involvement. This process will meet NRCS’s legal requirements and avoid adverse effects to significant cultural resources in Mississippi. It is NRCS policy to consider cultural resources early in the planning process. This means that upon identification of an undertaking, a cultural resources review should be completed. If the information on potential cultural resources concerns is identified early, the undertaking can be designed to avoid potentially significant resources or areas of concern for potential effects to cultural resources. Completing the cultural resources review prior to initiating contracts or other commitments can prevent delays and contract modifications. The compliance process works best when sufficient time is allowed for each step. Most cultural resources compliance reviews are completed upon a determination of negative results for the field inspection and pre-field information review. However, if the information review or field inspection results in the identification of cultural resources, a cultural resources survey may need to be conducted by a Cultural Resources Specialist (CRS). The CRS will also evaluate the potential for cultural resources to be present within the Area of Potential Effect (APE) based on physiographic setting, the extent of previous disturbances, soils and geomorphology, and the distribution of previously recorded resources in the vicinity of the APE. If these factors indicate a high probability for undocumented cultural resources, a cultural resources survey may be necessary. It is best to schedule archaeological survey during periods when bare ground is visible. At other times, ground preparation (such as disking previously plowed fields) or subsurface testing may be required. This adds time and cost to the undertaking. If the survey identifies cultural resources within the APE that can not be avoided, consultation with the Mississippi State Historic Preservation Officer (SHPO) and federally recognized Indian Tribes (Tribes) is required. The SHPO has 30 days to comment on an undertaking. If the SHPO, or Tribes object, NRCS must consult to determine the appropriate course of action. Consultation can be a lengthy process.