Common use of Provide Documentation Clause in Contracts

Provide Documentation. 1. ADOT shall submit drafts of archaeological reports and historic built environment reports (see Stipulation IV.C.6, above) generated during the course of Tier 2 projects to all consulting parties for a 35-calendar-day review and comment period. 2. The distribution of reports shall be accompanied by a Section 106 consultation letter from ADOT. This letter shall provide or identify, at minimum: a. Historic properties within the Tier 2 APE that are listed in the NRHP. b. Previous determinations of NRHP eligibility and, if available, details regarding concurrence from SHPO or THPO. c. References for documents, interviews, studies, or other sources used to assess NRHP eligibility for newly-recorded resources or those previously known but not previously evaluated. (1) Known archaeological properties that cannot be evaluated prior to approval of an undertaking will be presumed and treated as NRHP eligible. (2) Where archaeological testing to determine NRHP eligibility is feasible and deemed necessary, project-specific memoranda of agreement (MOAs) or project-specific programmatic agreements (PAs) (hereafter collectively referred to as Tier 2 Agreement Documents; see Stipulation IV.H.1, below) may include a provision for historic property treatment plans (HPTPs) that include archaeological testing or the use of a combined archaeological testing and data recovery program (i.e., phased data recovery). d. Newly-developed determinations of NRHP eligibility or ineligibility (see Stipulation IV.D), the criteria under which any determinations of eligibility were made, pursuant to 36 CFR § 60.4, and justification for any such determinations. e. Any statutory exemptions to further Section 106 consideration, if applicable (e.g., Section 106 Exemption Regarding Effects to the Interstate Highway System, Exemption Regarding Historic Preservation Review Process for Projects Involving Historic Natural Gas Pipelines). f. Planned or potential measures to overcome obstacles to assessing eligibility (e.g., archaeological testing). g. ADOT’s determination of project effect upon historic properties (see Stipulation IV.G, below). 3. Upon receipt of distributed reports and accompanying letter(s), consulting parties may pose questions, request changes, provide recommendations, or raise concerns within the ensuing 35-calendar-day review period. Such responses shall be made in writing. The protocol for addressing such responses shall follow that set forth in Stipulation IV.D.3, above. 4. If any consulting party requests additional information or a re-evaluation of a resource’s NRHP eligibility, ADOT shall, as appropriate: a. Provide requested information b. Consider and address concerns c. Reconsider or reevaluate determinations of eligibility d. Revise the report(s) in question 5. If, following the review and comment period, ADOT makes only non- substantive revisions to the report(s), the revised report(s) will be sent to all consulting parties for their records. 6. If, following the review and comment period, ADOT makes substantive changes to the report(s), the revised report(s) will be sent to all consulting parties for another 35-day review and comment period. 7. The above-described process of distribution, review, revision, and consultation shall repeat, as necessary, until such time as no substantive revisions are necessary. ▇. ▇▇ such time as no objections or requests for substantive revision are received by ADOT, within the original or subsequent review period, ADOT shall send the final report(s) to all consulting parties for their records. 9. If questions, recommendations, objections, or proposed changes are received after the close of the final review period, ADOT shall make good faith efforts to respond and address these. However, ADOT shall have no obligation to reconsider or alter the determinations of report adequacy. 10. If, after the distribution of the final report(s), there are changes to the Tier 2 APE or Tier 2 project that introduce additional cultural resources other than those previously determined NRHP-ineligible or which are statutorily exempt from Section 106 evaluation, or if new information is received that suggests the presence or potential presence of additional cultural resources within the APE, supplemental reports will be prepared, as necessary, and distributed to all consulting parties for a 35- calendar-day review and comment period. The consultation process for such supplemental reports shall follow that described above in Stipulation IV.E.1—8.

Provide Documentation. 1. ADOT shall submit drafts of archaeological reports and historic built environment reports (see Stipulation IV.C.6III.C.6, above) generated during the course of Tier 2 projects to all consulting parties for a 35-calendar-day review and comment period. This submission may co-occur or coincide with other elements of Section 106 consultation. 2. The distribution of reports shall be accompanied by a Section 106 consultation letter from ADOT. This letter shall provide or identify, at minimum: a. Historic properties within the Tier 2 APE that are listed in the NRHP. b. Previous determinations of NRHP eligibility and, if available, details regarding concurrence from SHPO or THPO. c. References for documents, interviews, studies, or other sources used to assess NRHP eligibility for newly-recorded resources or those previously known but not previously evaluated. (1) Known archaeological properties that cannot be evaluated prior to approval of an undertaking will be presumed and treated as NRHP eligible. (2) Where archaeological testing to determine NRHP eligibility is feasible and deemed necessary, project-specific memoranda of agreement (MOAs) or project-specific programmatic agreements (PAs) (hereafter collectively referred to as Tier 2 Agreement Documents; see Stipulation IV.H.1III.H.1, below) may include a provision for historic property treatment plans (HPTPs) that include archaeological testing or the use of a combined archaeological testing and data recovery program (i.e., phased data recovery). d. Newly-developed determinations of NRHP eligibility or ineligibility (see Stipulation IV.DIII.D), the criteria under which any determinations of eligibility were made, pursuant to 36 CFR § 60.4, and justification for any such determinations. e. Any statutory exemptions to further Section 106 consideration, if applicable (e.g., Section 106 Exemption Regarding Effects to the Interstate Highway System, Exemption Regarding Historic Preservation Review Process for Projects Involving Historic Natural Gas Pipelines). f. Planned or potential measures to overcome obstacles to assessing eligibility (e.g., archaeological testing). g. ADOT’s determination of project effect upon historic properties (see Stipulation IV.GIII.G, below). 3. Upon receipt of distributed reports and accompanying letter(s), consulting parties may pose questions, request changes, provide recommendations, or raise concerns within the ensuing 35-calendar-day review period. Such responses shall be made in writing. The protocol for addressing such responses shall follow that set forth in Stipulation IV.D.3III.D.3, above. 4. If any consulting party requests additional information or a re-evaluation of a resource’s NRHP eligibility, ADOT shall, as appropriate: a. 5. Provide requested information b. 6. Consider and address concerns c. 7. Reconsider or reevaluate determinations of eligibility d. 8. Revise the report(s) in question 5. If, following the review and comment period, ADOT makes only non- substantive revisions to the report(s), the revised report(s) will be sent to all consulting parties for their records. 6. If, following the review and comment period, ADOT makes substantive changes to the report(s), the revised report(s) will be sent to all consulting parties for another 35-day review and comment period. 7. The above-described process of distribution, review, revision, and consultation shall repeat, as necessary, until such time as no substantive revisions are necessary. ▇. ▇▇ such time as no objections or requests for substantive revision are received by ADOT, within the original or subsequent review period, ADOT shall send the final report(s) to all consulting parties for their records. 9. If questions, recommendations, objections, or proposed changes are received after the close of the final review period, ADOT shall make good faith efforts to respond and address these. However, ADOT shall have no obligation to reconsider or alter the determinations of report adequacy. 10. If, after the distribution of the final report(s), there are changes to the Tier 2 APE or Tier 2 project that introduce additional cultural resources other than those previously determined NRHP-ineligible or which are statutorily exempt from Section 106 evaluation, or if new information is received that suggests the presence or potential presence of additional cultural resources within the APE, supplemental reports will be prepared, as necessary, and distributed to all consulting parties for a 35- calendar-day review and comment period. The consultation process for such supplemental reports shall follow that described above in Stipulation IV.E.1—8.