Common use of Review Procedures Clause in Contracts

Review Procedures. a. In consultation with the Illinois SHPO, NRCS shall identify those undertakings with little to no potential to affect historic properties and list those undertakings in Appendix A. Upon the determination by the CRS that a proposed undertaking is included in Appendix A, the NRCS is not required to consult further with the SHPO for that undertaking. A list of undertakings with the potential to affect historic properties comprises Appendix B. b. The lists of undertakings provided in Appendices A and B may be modified through consultation and written agreement between the NRCS State Conservationist and the SHPO without requiring an amendment to this Illinois Prototype Agreement. The NRCS State Office will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale for classifying the practices accordingly. c. Undertakings identified in Appendix B shall require further review as outlined in Stipulation V. a. The NRCS shall consult with the SHPO to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing the undertaking. 1) NRCS may provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single transmittal to the SHPO, provided this documentation meets the substantive standards in 36 CFR Part 800.4-5 and 800.11. 2) The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) Where the NRCS proposes a finding of "no historic properties affected" or "no adverse effect" to historic properties, the SHPO shall have 30 calendar days from receipt of this documented description and information to review it and provide comments. The NRCS shall take into account all timely comments. i. If the SHPO, or another consulting party, disagrees with NRCS' findings and/or determination, it shall notify the NRCS within the thirty (30) calendar daytime period. The NRCS shall consult with the SHPO or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. ii. If the SHPO does not respond to the NRCS within the thirty (30) calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs with the NRCS' determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above and may move forward with the undertaking. 4) Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.

Review Procedures. a. In consultation with the Illinois Hawaii SHPO, the NRCS has identified those undertakings with little to no potential to affect historic properties, and listed those undertakings in Sections I. and II. of Appendix [A]. 1. Upon the determination by the NRCS that a proposed undertaking is included in Section I. or Section II. of Appendix [A], and when NRCS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the Hawaii SHPO for that undertaking, and the undertaking may proceed as planned. 2. The NRCS shall identify document the “no historic properties affected” determination on the NRCS PIA Cultural Resources Technical Note #2 in Appendix [B]. The CRS shall submit to the Hawaii SHPO on a quarterly basis, a hard-copy and a PDF copy on CD of the Cultural Resources Technical Note #2 and a summary spreadsheet report. b. In consultation with the Hawaii SHPO, the NRCS has identified those undertakings with little to no potential to affect historic properties or potential to affect historic properties dependent on their installation method, and list listed those undertakings in Section III. of Appendix A. [A]. In consultation with the Hawaii SHPO, the NRCS has identified those undertakings that always have potential to affect historic properties, and listed those undertakings in Section IV. of Appendix [A]. 1. Upon the determination by the CRS NRCS that a proposed undertaking is included in Section III. of Appendix [A] is non-intrusive and therefore has little to no potential to affect historic properties, and when NRCS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the Hawaii SHPO for that undertaking, and the undertaking may proceed as planned. i. The NRCS shall document the “no historic properties affected” determination on the NRCS PIA Cultural Resources Technical Note #2 in Appendix [B]. A list The CRS shall submit to the Hawaii SHPO on a quarterly basis, a hard-copy and a PDF copy on CD of undertakings with the Cultural Resources Technical Note #2 and a summary spreadsheet report. 2. Upon determination by the NRCS that a proposed undertaking included in Section III. of Appendix [A] is intrusive, or that a proposed undertaking is included in Section IV. of Appendix [A], and therefore has potential to affect historic properties comprises Appendix B. b. The lists of undertakings provided in Appendices A and B properties, the NRCS may be modified through consultation and written agreement between required to consult further with the NRCS State Conservationist and the Hawaii SHPO without requiring an amendment to this Illinois Prototype Agreement. The NRCS State Office will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale for classifying the practices accordinglythat undertaking, as described below. c. Undertakings identified in Appendix B shall require further review as outlined in Stipulation V. a. i. The NRCS shall consult with the SHPO to define the undertaking’s APE and a NRCS Planner shall conduct a preliminary field inspection of the APE to determine the presence/absence of cultural resources. The NRCS Planner shall then document the results of the field inspection on the NRCS PIA Cultural Resources Technical Note #2 in Appendix [B] and submit it to the CRS. The CRS shall review the Cultural Resources Technical Note #2 submittal, and conduct background research inclusive of a literature review to further identify the potential for presence/absence of cultural resources (see Appendix E for a listing of potential cultural resource types in Hawaii). Background research sources shall include Hawaii’s SIHP (State Inventory of Historic Places) database files, NRHP/HRHP (National Register of Historic Places / Hawaii Register of Historic Places) sites, and archival maps, including Land Commission Award maps and/or Boundary Commission maps. If the CRS determines that the undertaking is located within an area with potential for historic properties, a field inspection by the CRS may be necessary. ii. If the NRCS determines that cultural resources are absent from the APE, and when the CRS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the Hawaii SHPO for that undertaking, and the undertaking may proceed as planned. 1. The NRCS shall document the “no historic properties affected” determination on the NRCS PIA Cultural Resources Technical Note #2 in Appendix [B]. The CRS shall submit to the Hawaii SHPO on a quarterly basis, a hard-copy and a PDF copy on CD of the Cultural Resources Technical Note #2 and a summary spreadsheet report. iii. If the NRCS determines that cultural resources are present within the APE, or during the literature review determines that the APE is located in an area with a potential for the discovery of previously unknown historic properties, the CRS and/or professional consultants retained to assist with cultural resource compliance studies shall, in consultation with the Hawaii SHPO and NHO, conduct an inventory survey to identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing installation of the undertakingconservation practice or implementation of the action. 1) . The NRCS may provide its proposed APE, identification of historic properties and/or properties, scope of identification efforts, and assessment determination of effects in a single transmittal to the Hawaii SHPO, provided this NHOs, and other consulting parties. This documentation meets must meet the substantive standards in 36 CFR Part 800.4-5 and 800.11. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) . The CRS shall invite SHPD staff to accompany the CRS on field visits and/or inventory surveys when historic properties are documented within the APE. iv. Where the NRCS proposes a finding determination of "no historic properties affected" or "“no adverse effect" ” to historic properties, the Hawaii SHPO and NHO shall have 30 thirty (30) calendar days from receipt of this documented description and information the documentation to review it and provide commentsto concur, or not. The NRCS shall take into account all timely comments. i. 1. If the Hawaii SHPO, a NHO, or another consulting party, party disagrees with NRCS' findings and/or ’ determination, it shall notify the NRCS in writing within the thirty (30) calendar daytime day time period. The NRCS shall consult with the SHPO Hawaii SHPO, the NHO, or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII VIII. below. ii2. If the Hawaii SHPO does not respond to the NRCS within the thirty (30) calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs with the NRCS' determination and proposed actions to avoid adverse effectsperiod, the NRCS shall document the concurrence/lack of response within on the review time noted above NRCS PIA Cultural Resources Technical Note #2 in Appendix [B], and may move forward with the undertaking. 3. If a NHO does not respond to the NRCS within the thirty (30) calendar day period, the NRCS shall document the lack of response on the NRCS PIA Cultural Resources Technical Note #2 in Appendix [B]. 4) . If the Hawaii SHPO concurs, the NRCS shall document the concurrence on the NRCS PIA Cultural Resources Technical Note #2 in Appendix [B], and may move forward with the undertaking. 5. The NRCS shall document the “no adverse effect” determination on the NRCS PIA Cultural Resources Technical Note #2 in Appendix [B]. The CRS shall submit to the Hawaii SHPO on a quarterly basis, a hard-copy and a PDF copy on CD of the Cultural Resources Technical Note #2 and a summary spreadsheet report. 6. The NRCS Planner shall modify the producers’ jobsheets to require that the producer adhere to the avoidance measures, thereby ensuring “no adverse effect” to historic properties. The NRCS Planner shall physically verify that the avoidance measures are in place and document this on the Cultural Resources Technical Note #2. v. Where the NRCS makes a proposed undertaking may adversely affect determination of “adverse effect” to historic properties, the NRCS shall describe proposed propose measures to minimize or mitigate the adverse effects, and follow following the process in 36 CFR Part 800.6, including consultation with other consulting patties and parties, notification to the ACHP, to develop and development of a Memorandum of Agreement (MOA) to resolve the adverse effects. Should Where the proposed undertaking have the potential NRCS makes a determination of “adverse effect” to adversely affect a known NHLNational Historic Landmark, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary shall propose measures to minimize harm to or mitigate the NHL adverse effects, following the process in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective the National Park Service, Regional Service Pacific West Region National Historic Landmark Program Coordinator, and development of a MOA to develop resolve the adverse effects. 1. The NRCS shall verify that the mitigation measures agreed to in the MOA have been executed prior to the producer’s contract implementation. c. The list of undertakings provided in the Appendix [A] may be modified through consultation and written agreement between the NRCS PIA Director and the Hawaii SHPO without requiring an amendment to this State-based Prototype Agreement. The NRCS PIA will maintain the Appendix A master list and will provide an updated Appendix A to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly. This Appendix A master list shall be provided to the Hawaii SHPO on a Memorandum of Agreementyearly basis. d. The Stipulation V. Review Procedures are illustrated in Appendix C. e. For all Conservation Technical Assistance (CTA)-developed NRCS-Certified Conservation Plans, the NRCS will conduct archaeological surveys shall advise the producer that state laws may be applicable, including Hawaii Revised Statutes (HRS) Chapter 6E and will submit reports its’ implementing regulations (Hawaii Administrative Rules (HAR) Chapters 197-198, 275-284, and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR300). The NRCS further agrees will require the producer to sign Cultural Resources Technical Note #1 (see Appendix B) that access advises the producer to specific site location data will be restricted consult with the Hawaii SHPO prior to the CRS, the NRCS field personnel installing implementation of conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the publicCTA-developed NRCS- Certified Conservation Plan. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum1. The NRCS CRS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject submit to the landowner's permissionHawaii SHPO a copy of all NRCS-Certified Conservation Plans which do not result in a NRCS Farm Bill program contract, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property immediately following CRS review of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institutionplan. This excludes burial goods, as stipulated by ▇▇▇▇▇▇submittal shall include copies of the Cultural Resources Technical Notes #1 and #2.

Review Procedures. a. In consultation with the Illinois Utah SHPO, NRCS Utah shall identify those undertakings with little to no potential to affect historic properties and list those undertakings in Appendix A. A of this SPPA. Upon the determination by the NRCS Utah State CRS that a proposed undertaking is included in Appendix A, the NRCS and that no extenuating circumstances exist as defined in Appendix B, further consultation for that undertaking is not required by NRCS Utah. Such undertakings will be considered Category I undertakings as defined in Appendix B to consult further with the SHPO for that undertaking. A list of undertakings with the potential to affect historic properties comprises Appendix B.this SPPA. b. The lists list of undertakings provided in Appendices A Appendix A, and the fieldwork procedures provided in Appendix B of this SPPA may be modified through consultation and written agreement between the NRCS Utah State Conservationist and the Utah SHPO without requiring an amendment to this Illinois Prototype AgreementSPPA. The NRCS State Office Utah will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly. c. Undertakings not identified in Appendix B A shall require further review as generally outlined in Stipulation V. a. The V.c of this SPPA. More specific procedures used by NRCS Utah to complete the Section 106 review process can be found in the NRCS National Cultural Resources Procedures Handbook, Title 190, Part 601, and in the NRCS Utah Cultural Resources Review and Fieldwork Procedures provided in Appendix B to this SPPA. NRCS Utah shall consult with the SHPO Utah SHPO, Native American Tribes, and other consulting parties, as appropriate, to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing the undertakingeffects. 1) . For those undertakings that meet the criteria for definition as Category II undertakings as defined in Appendix B to this SPPA (involve less than 100 acres of physical disturbance of undeveloped ground and lack extenuating circumstances that would otherwise involve additional consideration for cultural resources), NRCS Utah shall submit biannual reports to the Utah SHPO to assess the effects of such undertakings. NRCS Utah shall also consult with the Utah SHPO, Native American Tribes, and other consulting parties, as appropriate, on an annual basis to assess the effects of such undertakings. i. NRCS Utah will provide the proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects for such undertakings in a combined report to the Utah SHPO, Native American Tribes, and other consulting parties, as appropriate, in a format that meets the standards outlined in 36 CFR Part 800.4-5 and 800.11. 2. For NRCS Utah undertakings that meet the criteria for definition as Category III, IV, and IV undertakings as defined in Appendix B to this SPPA (undertaking has extenuating circumstances; public or Tribal lands are involved; NRCS Utah is a cooperating Federal Agency; planning authority is higher than the NRCS Field Office; undertaking will result in adverse effects to historic properties), NRCS Utah shall consult with the Utah SHPO, Native American Tribes, and other consulting parties, as appropriate, to define the APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects. i. NRCS Utah will provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects to the Utah SHPO, Native American Tribes, and other consulting parties, as appropriate, in a single transmittal to the SHPO, provided this documentation format that meets the substantive standards outlined in 36 CFR Part 800.4-5 and 800.11. 2) The ii. NRCS Utah shall attempt to avoid adverse effects to historic properties whenever possible; where . Where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic propertieseffects. 3) iii. Where the NRCS Utah proposes a finding of "“no historic properties affected" ” or "“no adverse effect" ” to historic properties, the SHPO Utah SHPO, Native American Tribes, and other consulting parties, as appropriate, shall have 30 thirty (30) calendar days from receipt of this documented description and information to review it and provide comments. The NRCS Utah shall take into account all timely comments. i. a. If the Utah SHPO, Native American Tribes, or another consulting party, disagrees with NRCS' ’ findings and/or determination, it shall notify the NRCS Utah within the thirty (30) calendar daytime day time period. The In such cases, NRCS Utah shall consult enter into additional consultation with the SHPO or other respective consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS Utah shall follow the dispute resolution process in Stipulation VIII below. ii. b. If the SHPO does Utah SHPO, Native American Tribes, and other consulting parties, as appropriate, do not respond to the NRCS within the thirty (30) calendar day comment period and/or the NRCS Utah receives no objections from other consulting parties, or if the SHPO concurs consulting parties concur with the NRCS' determination and proposed actions to avoid adverse effects, the NRCS Utah shall document the concurrence/lack of response within the review time noted above above, and may move forward with the undertaking. 4) 3. Where a proposed undertaking may adversely affect historic properties, NRCS Utah shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties parties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.

Review Procedures. a. NRCS Massachusetts and the Mashpee Wampanoag Tribe agree to use the classification system established in Appendices A-B to determine the potential of an undertaking being planned under any NRCS Massachusetts program to affect cultural resources. Trained NRCS personnel will use the cultural resources procedures contained in Appendix D. A. In consultation with the Illinois SHPOMashpee Wampanoag Tribe, NRCS shall identify those undertakings with little to no potential to affect historic properties and list those undertakings in Table 1 located in Appendix A. A or under non-intrusive conditions in Table 2 located in Appendix B. Upon the determination by the CRS that a proposed undertaking is included in Appendix ATable 1 or under non- intrusive conditions in Table 2, the NRCS is not required to consult further with the SHPO Mashpee Wampanoag Tribe for that undertaking. A list of In consultation with the Mashpee Wampanoag Tribe, NRCS shall identify those undertakings with the potential to affect historic properties comprises and list those undertakings in Appendix B. b. B. The lists list of undertakings provided in Appendices A and A-B may be modified through consultation and written agreement between the NRCS State Conservationist and the SHPO Mashpee Wampanoag Tribe without requiring an amendment to this Illinois State-based Prototype Agreement. The NRCS State Office Massachusetts state office will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly. c. C. Undertakings not identified in Table 1 of Appendix A or under non-intrusive conditions in Table 2 of Appendix B shall require further review as outlined in Stipulation V. a. V.C and Appendix B. The NRCS shall consult with the SHPO to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing approving the financial assistance for the undertaking. 1) . NRCS may provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single annual transmittal to the SHPOMashpee Wampanoag Tribe, provided this documentation meets the substantive standards in 36 CFR Part 800.4-5 and 800.11. Field personnel will use the NRCS Massachusetts Practice Description Form for Cultural Resources Review to describe planned undertakings after consulting Tables 1 and 2 of Appendices A-B. The Practice Description Form is submitted to the CRC to start the process for a determination of effect. When the CRS or a professional consultant visits projects, a Cultural Resources Report will be prepared and submitted to the Mashpee Wampanoag Tribe’s THPO in advance, with an invitation to attend the site visit. Hard and/or digital copies of compliance documentation for individual practices will be filed at the respective NRCS field office and the CRC’s office. i. Curation. When professional archaeological consultants undertake archaeological testing, temporary storage of the artifacts, specimens and research records shall be at their facility and maintained to professional curatorial standards, unless another curation facility is specified in consultation with the State Archaeologist. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) Where the NRCS proposes a finding of "no historic properties affected" or "no adverse effect" to historic properties, the SHPO shall have 30 calendar days from receipt of this documented description and information to review it and provide comments. The NRCS shall take into account all timely comments. i. If the SHPO, or another consulting party, disagrees with NRCS' findings and/or determination, it shall notify the NRCS within the thirty (30) calendar daytime period. The NRCS shall consult with the SHPO or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. ii. If the SHPO does not respond to the NRCS within the thirty (30) calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs with the NRCS' determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above and may move forward with the undertaking. 4) Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.

Review Procedures. a. In consultation with the Illinois [STATE NAME] SHPO/Indian tribe/NHO, NRCS shall identify those undertakings with little to no potential to affect historic properties and list those undertakings in Appendix A. [A]. Upon the determination by the CRS [CRS/Archaeologist/Historian] that a proposed undertaking is included in Appendix [A], the NRCS is not required to consult further with the SHPO SHPO/Indian tribe/NHO for that undertaking. A list of undertakings with the potential to affect historic properties comprises Appendix B.. b. The lists list of undertakings provided in Appendices A and B the Appendix [A] may be modified through consultation and written agreement between the NRCS State Conservationist and the SHPO SHPO/Indian tribe/NHO without requiring an amendment to this Illinois State-based Prototype Agreement. The NRCS State Office office will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly. c. Undertakings not identified in Appendix B [A] shall require further review as outlined in Stipulation V. a. V.c. The NRCS shall consult with the SHPO SHPO/Indian tribe/NHO to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing approving the financial assistance for the undertaking. 1) . NRCS may provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single transmittal to the SHPO/Indian tribe/NHO, provided this documentation meets the substantive standards in 36 CFR Part 800.4-5 and 800.11. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) . Where the NRCS proposes a finding of "“no historic properties affected" ” or "“no adverse effect" ” to historic properties, the SHPO SHPO/Indian tribe/NHO who shall have 30 [NUMBER] calendar days from receipt of this documented description and information to review it and provide comments. The NRCS shall take into account all timely comments. i. If the SHPO/Indian tribe/NHO, or another consulting party, disagrees with NRCS' ’ findings and/or determination, it shall notify the NRCS within the thirty (30) [NUMBER] calendar daytime day time period. The NRCS shall consult with the SHPO SHPO/Indian tribe/NHO or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. ii. If the SHPO SHPO/Indian tribe/NHO does not respond to the NRCS within the thirty (30) [NUMBER] calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO SHPO/Indian tribe/NHO concurs with the NRCS' ’ determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above above, and may move forward with the undertaking. 4) . Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties parties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.

Review Procedures. a. In consultation with the Illinois SHPOSHPO and participating Indian tribes/THPOs, NRCS shall identify those undertakings with little to no potential to affect historic properties and list those undertakings as “Exempt” in Appendix A. Upon A of this State-based Prototype Agreement. Other conservation activities, enhancements, and practices can be included in this “Exempt” category if, through the determination by the CRS planning process, conservation planners determine that a proposed undertaking is included conservation activity, enhancement, or practice meets the criteria for one of the exceptions listed in Part III of Appendix A. b. Early during the project planning stages, trained NRCS personnel will determine if conservation activities, enhancements, and practices are subject to cultural resources review based on Appendix A of this State-based Prototype Agreement. If not subject to review, trained NRCS personnel will document this decision at the field office level according to procedures outlined in the NRCS Mississippi Cultural Resources Procedures Handbook provided in Appendix A, the B to this State-based Prototype Agreement. The NRCS is not required to consult further with the SHPO for that undertaking. A list of undertakings and participating Indian tribes/THPOs and may proceed with the activity. c. Undertakings with the potential to affect historic properties comprises will be listed as “Review” in Appendix B. b. The lists A of undertakings provided in Appendices A and B may be modified through consultation and written agreement between the NRCS State Conservationist and the SHPO without requiring an amendment to this Illinois State-based Prototype Agreement. The NRCS State Office will maintain the master list , and will provide an updated list to all consulting parties with an explanation of the rationale for classifying the practices accordingly. c. Undertakings identified in Appendix B shall require further review as generally outlined in Stipulation V. a. The V.c of this State-based Prototype Agreement. More specific procedures used by NRCS shall consult with Mississippi to complete the SHPO to define Section 106 review process can be found in the undertaking’s APENRCS National Cultural Resources Procedures Handbook, identify and evaluate historic properties that may be affected by the undertakingTitle 190, assess potential effectsPart 601, and identify strategies for resolving adverse effects prior in the NRCS Mississippi Cultural Resources Procedures Handbook provided in Appendix B to implementing the undertakingthis SPPA. 1) . NRCS may provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single transmittal to the SHPOSHPO and participating Indian tribes/THPOs, provided this documentation meets the substantive standards in 36 CFR Part 800.4-5 and 800.11800. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where . Where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) . Where the NRCS proposes a finding of "“no historic properties affected" ” or "“no adverse effect" ” to historic properties, the SHPO and participating Indian tribes/THPOs shall have 30 calendar days from receipt of this documented description and information to review it and provide comments. The NRCS shall take into account all timely comments. i. If the SHPOSHPO and participating Indian tribes/THPOs, or another consulting party, disagrees with NRCS' ’ findings and/or determinationdeterminations, it shall notify the NRCS within the thirty (30) 30 calendar daytime day time period. The NRCS shall consult with the SHPO SHPO, participating Indian tribes/THPOs, or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. ii. If the SHPO does and participating Indian tribes/THPOs do not respond to the NRCS within the thirty (30) 30 calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO and participating Indian tribes/THPOs concurs with the NRCS' ’ determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above above, and may move forward with the undertaking. 4) . Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties parties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys The list of undertakings provided in Appendix A and will submit reports any of the Appendixes may be modified through consultation and other documentation written agreement between the signatories without requiring an amendment to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR)this SPPA. The NRCS further agrees that access to specific site location data State Office will be restricted to maintain the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices Appendix A master list and will not be available provide an updated list to all consulting parties and file with the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or ACHP with an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property explanation of the landowner(srationale (metadata) unless for classifying the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇practices accordingly.

Review Procedures. a. NRCS Massachusetts and the ▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇ Community agree to use the classification system established in Appendices A-B to determine the potential of an undertaking being planned under any NRCS Massachusetts program to affect cultural resources. Trained NRCS personnel will use the cultural resources procedures contained in Appendix D. A. In consultation with the Illinois SHPO▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇ Community, NRCS shall identify those undertakings with little to no potential to affect historic properties and list those undertakings in Table 1 located in Appendix A. A or under non-intrusive conditions in Table 2 located in Appendix B. Upon the determination by the CRS that a proposed undertaking is included in Appendix ATable 1 or under non-intrusive conditions in Table 2, the NRCS is not required to consult further with the SHPO ▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇ Community for that undertaking. A list of In consultation with the ▇▇▇▇▇▇▇▇▇▇▇- ▇▇▇▇▇▇ Community, NRCS shall identify those undertakings with the potential to affect historic properties comprises and list those undertakings in Appendix B. b. B. The lists list of undertakings provided in Appendices A and A-B may be modified through consultation and written agreement between the NRCS State Conservationist and the SHPO ▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇ Community without requiring an amendment to this Illinois State-based Prototype Agreement. The NRCS State Office Massachusetts state office will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly. c. C. Undertakings not identified in Table 1 of Appendix A or under non-intrusive conditions in Table 2 of Appendix B shall require further review as outlined in Stipulation V. a. V.C and Appendix B. The NRCS shall consult with the SHPO to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing approving the financial assistance for the undertaking. 1) . NRCS may will provide its a single annual report to the ▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇ Community containing a summary of the previous fiscal year’s cultural resources investigations, including proposed APEAPEs, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single transmittal to the SHPOeffects, provided this documentation meets the substantive standards in 36 CFR Part 800.4-5 and 800.11. Field personnel will use the NRCS Massachusetts Practice Description Form for Cultural Resources Review to describe planned undertakings after consulting Tables 1 and 2 of Appendices A-B. The Practice Description Form is submitted to the CRC to start the process for a determination of effect. In addition, when the CRS or a professional consultant decides that a project’s initial desktop review warrants a site visit, a Cultural Resources Report will be prepared and submitted to the ▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇ Community’s THPO in advance, with an invitation to attend within 30 days. Hard and/or digital copies of compliance documentation for individual practices will be filed at the respective NRCS field office and the CRC’s office. i. Curation. When professional archaeological consultants undertake archaeological testing, temporary storage of the artifacts, specimens and research records shall be at their facility and maintained to professional curatorial standards, unless another curation facility is specified in consultation with the State Archaeologist. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) Where the NRCS proposes a finding of "no historic properties affected" or "no adverse effect" to historic properties, the SHPO shall have 30 calendar days from receipt of this documented description and information to review it and provide comments. The NRCS shall take into account all timely comments. i. If the SHPO, or another consulting party, disagrees with NRCS' findings and/or determination, it shall notify the NRCS within the thirty (30) calendar daytime period. The NRCS shall consult with the SHPO or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. ii. If the SHPO does not respond to the NRCS within the thirty (30) calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs with the NRCS' determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above and may move forward with the undertaking. 4) Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.

Review Procedures. a. NRCS Maryland, in consultation with the MD SHPO, has classified its Maryland conservation practices into three categories based on the practices’ potential to affect historic and archeological properties and their corresponding level of required review and consultation with the MD SHPO. Appendix A documents the list of NRCS Maryland Conservation Practices and their classification for cultural resources review and consultation purposes with the MD SHPO. Appendix B outlines the general cultural resource review process and forms NRCS Maryland will utilize for its conservation assistance programs. 1. In consultation with the Illinois MD SHPO, NRCS shall identify Maryland identified those undertakings with little to no potential to affect historic properties and list those undertakings properties, listed in Appendix A. A., Part 1. Upon the determination by the CRS NRCS that a proposed undertaking is included in Appendix A, the Part 1, NRCS is not required to consult further with the MD SHPO for that undertaking. 2. A list of In consultation with the MD SHPO, NRCS Maryland identified those undertakings that may have some potential to affect historic and archeological properties and warrant screening to determine if consultation with the MD SHPO is needed, listed in Appendix A, Part 2. NRCS Maryland will use the MD SHPO’s online Medusa, Maryland’s Cultural Resources Information System (Medusa) to identify if an undertaking listed in Appendix A, Part 2 intersects with a resource that is included in Medusa. If the NRCS Maryland screening does not identify any recorded resources in the practice area, no further consultation with the MD SHPO is needed for that practice. If the NRCS Maryland screening reveals a resource illustrated in Medusa in the practice area, NRCS Maryland will consult with the MD SHPO for that undertaking in accordance with the process specified in Stipulation V.c. 3. NRCS Maryland, in consultation with the MD SHPO, determined that the following undertakings listed in Appendix A, Part 3 have the potential to affect historic and archeological properties comprises Appendix B.and require further consultation with the MD SHPO. NRCS Maryland will consult with the MD SHPO for these undertakings in accordance with the process specified in Stipulation V.c. b. The lists list of undertakings provided in Appendices the Appendix A and B may be modified through consultation and written agreement between the NRCS Maryland State Conservationist and the MD SHPO without requiring an amendment to this Illinois State-based Prototype Agreement. The NRCS State Office office will maintain the master Appendix A list and will provide an updated list to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly, when updated. Signed modifications will be filed with the FPO and ACHP. c. Undertakings identified in Appendix B A, Part 3 and those identified through NRCS Maryland screening of practices listed in Appendix A, Part 2 shall require further review as outlined in Stipulation V. a. The NRCS shall consult with the SHPO to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing the undertaking. 1) NRCS may provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single transmittal to the SHPO, provided this documentation meets the substantive standards in 36 CFR Part 800.4-5 and 800.11. 2) The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) Where the NRCS proposes a finding of "no historic properties affected" or "no adverse effect" to historic properties, the SHPO shall have 30 calendar days from receipt of this documented description and information to review it and provide comments. The NRCS shall take into account all timely comments. i. If the SHPO, or another consulting party, disagrees with NRCS' findings and/or determination, it shall notify the NRCS within the thirty (30) calendar daytime period. The NRCS shall consult with the SHPO or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. ii. If the SHPO does not respond to the NRCS within the thirty (30) calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs with the NRCS' determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above and may move forward with the undertaking. 4) Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.

Review Procedures. a. In consultation with the Illinois American Samoa SHPO, the NRCS has identified those undertakings with little to no potential to affect historic properties, and listed those undertakings in Sections I. and II. of Appendix [A]. 1. Upon the determination by the NRCS that a proposed undertaking is included in Section I. or Section II. of Appendix [A], and when NRCS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the American Samoa SHPO for that undertaking, and the undertaking may proceed as planned. 2. The NRCS shall identify document the “no historic properties affected” determination on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B]. The CRS shall submit to the American Samoa SHPO on an annual basis, PDF copies of completed Cultural Resources Technical Note #4. b. In consultation with the American Samoa SHPO, the NRCS has identified those undertakings with little to no potential to affect historic properties or potential to affect historic properties dependent on their installation method, and list listed those undertakings in Section III. of Appendix A. [A]. In consultation with the American Samoa SHPO, the NRCS has identified those undertakings that always have potential to affect historic properties, and listed those undertakings in Section IV. of Appendix [A]. 1. Upon the determination by the CRS NRCS that a proposed undertaking is included in Section III. of Appendix [A] is non-intrusive and therefore has little to no potential to affect historic properties, and when NRCS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the American Samoa SHPO for that undertaking, and the undertaking may proceed as planned. i. The NRCS shall document the “no historic properties affected” determination on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B]. A list The CRS shall submit to the American Samoa SHPO on an annual basis, PDF copies of undertakings with completed Cultural Resources Technical Note #4. 2. Upon determination by the NRCS that a proposed undertaking included in Section III. of Appendix [A] is intrusive, or that a proposed undertaking is included in Section IV. of Appendix [A], and therefore has potential to affect historic properties comprises Appendix B. b. The lists of undertakings provided in Appendices A and B properties, the NRCS may be modified through consultation and written agreement between required to consult further with the NRCS State Conservationist and the American Samoa SHPO without requiring an amendment to this Illinois Prototype Agreement. The NRCS State Office will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale for classifying the practices accordinglythat undertaking, as described below. c. Undertakings identified in Appendix B shall require further review as outlined in Stipulation V. a. i. The NRCS shall consult with the SHPO to define the undertaking’s APE and a NRCS Planner shall conduct a preliminary field inspection of the APE to determine the presence/absence of cultural resources. If the NRCS Planner requires assistance in determining if potential cultural resources observed during the preliminary field investigation are in fact cultural resources, they may submit a photograph and description of the item(s) in question to the American Samoa SHPO and/or the CRS for input. The NRCS Planner shall then document the results of the field inspection on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B] and submit it to the CRS. The CRS shall review the Cultural Resources Technical Note #4 submittal, and conduct a literature review within the American Samoa SHPO’s site inventory records to further identify the potential for presence/absence of cultural resources. The CRS and/or NRCS Planner may request assistance from the American Samoa SHPO in conducting the literature review to further identify the potential for presence/absence of cultural resources. The American Samoa SHPO shall respond to the request for literature review assistance within seven (7) calendar days. ii. If the NRCS determines that cultural resources are absent from the APE, and when the CRS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the American Samoa SHPO for that undertaking, and the undertaking may proceed as planned. 1. The NRCS shall document the “no historic properties affected” determination on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B]. The CRS shall submit to the American Samoa SHPO on an annual basis, PDF copies of completed Cultural Resources Technical Note #4. iii. If the NRCS determines that cultural resources are present within the APE, or during the literature review determines that the APE is located in an area with a potential for the discovery of previously unknown historic properties, NRCS shall require that the producer retain professional historic preservation consultants to conduct inventory survey, in consultation with the American Samoa SHPO, to identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing installation of the undertakingconservation practice or implementation of the action. 1) . The NRCS may provide its proposed APE, identification of historic properties and/or properties, scope of identification efforts, and assessment determination of effects in a single transmittal to the SHPO, provided this American Samoa SHPO and other consulting parties. This documentation meets must meet the substantive standards in 36 CFR Part 800.4-5 and 800.11, and meet the American Samoa SHPO Report Guidelines. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) iv. Where the NRCS proposes a finding determination of "no historic properties affected" or "“no adverse effect" ” to historic properties, the American Samoa SHPO shall have 30 thirty (30) calendar days from receipt of this documented description and information the documentation to review it and provide commentsto concur, or not. The NRCS shall take into account all timely comments. i. 1. If the American Samoa SHPO, or another consulting party, party disagrees with NRCS' findings and/or ’ determination, it shall notify the NRCS in writing within the thirty (30) calendar daytime day time period. The NRCS shall consult with the SHPO American Samoa SHPO, or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII VIII. below. ii2. If the American Samoa SHPO does not respond to the NRCS within the thirty (30) calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs with the NRCS' determination and proposed actions to avoid adverse effectsperiod, the NRCS shall document the concurrence/lack of response within on the review time noted above NRCS PIA Cultural Resources Technical Note #4 in Appendix [B], and may move forward with the undertaking. 3. If the American Samoa SHPO concurs, the NRCS shall document the concurrence on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B], and may move forward with the undertaking. 4) . The NRCS shall document the “no adverse effect” determination on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B]. The CRS shall submit to the American Samoa SHPO on an annual basis, PDF copies of completed Cultural Resources Technical Note #4. 5. The NRCS Planner shall modify the producers’ jobsheets to require that the producer adhere to the avoidance measures, thereby ensuring “no adverse effect” to historic properties. The NRCS Planner shall physically verify that the avoidance measures are in place and document this on the Cultural Resources Technical Note #4. v. Where the NRCS makes a proposed undertaking may adversely affect determination of “adverse effect” to historic properties, the NRCS shall describe proposed propose measures to minimize or mitigate the adverse effects, and follow following the process in 36 CFR Part 800.6, including consultation with other consulting patties and parties, notification to the ACHP, to develop and development of a Memorandum of Agreement (MOA) to resolve the adverse effects. Should Where the proposed undertaking have the potential NRCS makes a determination of “adverse effect” to adversely affect a known NHLNational Historic Landmark, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary shall propose measures to minimize harm to or mitigate the NHL adverse effects, following the process in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective the National Park Service, Regional Service Pacific West Region National Historic Landmark Program Coordinator, and development of a MOA to develop resolve the adverse effects. c. The list of undertakings provided in the Appendix [A] may be modified through consultation and written agreement between the NRCS PIA Director and the American Samoa SHPO without requiring an amendment to this State-based Prototype Agreement. The NRCS PIA will maintain the Appendix A master list and will provide an updated Appendix A to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly. This Appendix A master list shall be provided to the American Samoa SHPO on a Memorandum of Agreementyearly basis. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained Stipulation V. Review Procedures are illustrated in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.Appendix C.

Review Procedures. a. In The CRS, in consultation with the Illinois Michigan SHPO, NRCS shall identify those undertakings with little to no potential to affect historic properties and list those undertakings in Appendix A. Upon the determination by the CRS that a For proposed undertaking is undertakings included in Appendix A, Part I- not subject to CR review or Part II- not subject to CR review when specific conditions apply, the NRCS is not required to consult further with the SHPO for that undertaking. A list of undertakings with the potential to affect historic properties comprises Appendix B.SHPO. b. The lists list of undertakings provided in Appendices Appendix A and the review procedures provided in Appendix B may be modified through consultation and written agreement between the NRCS State Conservationist and the SHPO without requiring an amendment to this Illinois Prototype AgreementSPA. The NRCS State Office office will maintain the master list and will provide an updated list to all consulting parties and the ACHP with an explanation of the rationale (metadata) for classifying the practices accordingly. c. Undertakings identified in Appendix B A, Parts II & III as requiring a review shall require further review use procedures as outlined in Stipulation V. a. V. c. and Appendix B and the Michigan Cultural Resource Review form (Appendix C). The NRCS shall consult with the SHPO to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing approving the financial assistance for the undertaking. 1) . NRCS may provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single transmittal to the SHPO, provided this documentation meets the substantive standards in 36 CFR Part 800.4-5 and 800.11. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) . Where the NRCS proposes determines that a finding of "no historic properties affected" or "no adverse effect" to historic propertiesPhase I survey is warranted, the SHPO shall have 30 calendar days from receipt of this documented description and information to review it and provide comments. The NRCS shall take into account all timely comments. i. If the NRCS CRS determines that a project does not warrant a Phase I survey, then NRCS will not consult on its findings. ii. For each project where a Phase I survey is completed by the CRS, the NRCS will complete the SHPO’s most current Application for Section 106 Review form and submit it with the written field report for consultation. If the SHPO, or another consulting party, disagrees with NRCS' ’ findings and/or determination, it shall notify the NRCS within the thirty (30) -calendar daytime day time period. The NRCS shall consult with the SHPO or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. iiiii. If the SHPO does not respond to the NRCS within the thirty (30) 30 calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs with the NRCS' ’ determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above on the Michigan Cultural Resource Review form (Appendix C), and may move forward with the undertaking. 4) . Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties parties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHLNational Historic Landmark, the NRCS shall, to the maximum extent possible, undertake such planning and actions that as may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective [respective] National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS-MI operates the Rose Lake Plant Materials Center (PMC) in East Lansing, Michigan to evaluate plants and vegetative technologies to support USDA conservation programs and practices in the Great Lakes Region. NRCS PMCs find vegetative solutions to reduce soil erosion, increase cropland soil health and productivity, improve water quality, produce forage and biomass, improve air quality, improve wildlife habitat (including pollinator habitat), restore wetlands, protect streambank and riparian areas and stabilize coastal areas. The facilities are located on land leased from the State of Michigan. NRCS will conduct archaeological surveys survey and evaluate historic properties located on the 44-acre Rose Lake PMC in East Lansing, Michigan for their National Register eligibility. This will submit reports and other documentation to SHPO for review and commentbe completed within the 10-year lifetime of this agreement. When no archaeological sites have been located by After completion of the archaeological survey, NRCS may proceed evaluation and consultation regarding historic resources on the PMC property, if any resources are determined to be eligible for listing on the National Register, a management plan will be developed in consultation with the proposed undertakingSHPO and tribes. Reports If no resources are determined to be eligible for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO listing, then no further cultural resource reviews will be sent digitally required for submission NRCS activities at this location unless further evidence comes to light. NRCS will acquire the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at necessary permit from the Illinois Michigan State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access Archaeologist prior to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, commencing archaeological survey and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the publicevaluation work. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials Standard treatments can be negotiated and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject added to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by agreement in Appendix D when both parties agree in writing without amending the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇parent document.

Review Procedures. a. In consultation with the Illinois SHPOCNMI HPO, the NRCS shall identify has identified those undertakings with little to no potential to affect historic properties and list listed those undertakings in Sections I. and II. of Appendix A. [A]. 1. Upon the determination by the CRS NRCS that a proposed undertaking is included in Section I. or Section II. of Appendix [A], and when NRCS CRS or Archaeologist has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the SHPO CNMI HPO for that undertaking, and the undertaking may proceed as planned. 2. A list The NRCS shall document the “no historic properties affected” determination on NRCS PIA report submissions. The CRS shall submit to the CNMI HPO on an annual basis, PDF copies of completed project reports. b. In consultation with the CNMI HPO, the NRCS has identified those undertakings with the little to no potential to affect historic properties comprises or potential to affect historic properties dependent on their installation method and listed those undertakings in Section III. of Appendix B.[A]. b. The lists of undertakings provided in Appendices A and B may be modified through c. In consultation and written agreement between with the CNMI HPO, the NRCS State Conservationist has identified those undertakings that always have potential to affect historic properties and listed those undertakings in Section IV. of Appendix [A]. 1. Upon determination by the NRCS that a proposed undertaking included in Section III. of Appendix [A] is non-intrusive and therefore has little to no potential to affect historic properties, and when NRCS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the CNMI HPO for that undertaking, and the SHPO without requiring an amendment to this Illinois Prototype Agreementundertaking may proceed as planned. The NRCS State Office will maintain shall document the master list and will provide “no historic properties affected” determination on the NRCS PIA cultural resources report submissions. The CRS shall submit to the CNMI HPO on an updated list to all consulting parties with an explanation annual basis, PDF copies of the rationale for classifying the practices accordinglycompleted cultural resources project reports. c. Undertakings identified 2. Upon determination by the NRCS that a proposed undertaking included in Section III. of Appendix B shall require [A] is intrusive, or that a proposed undertaking is included in Section IV. of Appendix [A], and therefore has potential to affect historic properties, the NRCS may be required to consult further review with the CNMI HPO for that undertaking, as outlined in Stipulation V.described below. a. i. The NRCS shall consult with the SHPO to define the undertaking’s APE and a NRCS Planner shall conduct a preliminary field inspection of the APE to determine the presence/absence of cultural resources. If the NRCS Planner requires assistance in determining if potential cultural resources observed during the preliminary field investigation are in fact cultural resources, they may submit a photograph and description of the item(s) in question to the CNMI HPO and/or the CRS for input. The NRCS Planner shall then document the results of the field inspection in a NRCS PIA cultural resources report submission and submit it to the CRS. The CRS shall review the cultural resources report submittal and conduct a literature review within the CNMI HPO’s site inventory records to further identify the potential for presence/absence of cultural resources. The CRS and/or NRCS Planner may request assistance from the CNMI HPO in conducting the literature review to further identify the potential for presence/absence of cultural resources. The CNMI HPO shall respond to the request for literature review assistance within seven (7) calendar days. ii. If the NRCS determines that cultural resources are absent from the APE, and when the CRS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the CNMI HPO for that undertaking, and the undertaking may proceed as planned. 1. The NRCS shall document the “no historic properties affected” determination in a NRCS PIA cultural resources report submittal. The CRS shall submit to the CNMI HPO on an annual basis, PDF copies of completed cultural resource project reports. iii. If the NRCS determines that cultural resources are present within the APE, or during the literature review determines that the APE is located in an area with a potential for the discovery of previously unknown historic properties, the NRCS CRS, and/or professional consultants that meet SOI qualifications shall conduct a field inventory survey, in consultation with the CNMI HPO, to identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing installation of the undertakingconservation practice or implementation of the action. 1) . The NRCS may provide its proposed APE, identification of historic properties and/or properties, scope of identification efforts, and assessment determination of effects in a single transmittal to the SHPO, provided this CNMI HPO and other consulting parties. This documentation meets must meet the substantive standards in 36 CFR Part 800.4-5 and 800.11800.11 and meet the CNMI HPO Report Guidelines. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) iv. Where the NRCS proposes a finding determination of "no historic properties affected" or "“no adverse effect" ” to historic properties, the SHPO CNMI HPO shall have 30 thirty (30) calendar days from receipt of this documented description and information the documentation to review it and provide commentsto concur, or not. The NRCS shall take into account all timely comments. i. 1. If the SHPOCNMI HPO, or another consulting party, party disagrees with NRCS' findings and/or ’ determination, it shall notify the NRCS in writing within the thirty (30) calendar daytime day period. The NRCS shall consult with the SHPO CNMI HPO, or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII VIII. below. ii2. If the SHPO CNMI HPO does not respond to the NRCS within the thirty (30) calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs with the NRCS' determination and proposed actions to avoid adverse effectsperiod, the NRCS shall document the concurrence/lack of response within and may move forward with the review time noted above undertaking. 3. If the CNMI HPO concurs, the NRCS shall document the concurrence and may move forward with the undertaking. 4) . The NRCS shall document a “no adverse effect” determination. The CRS shall submit to the CNMI HPO on an annual basis, PDF copies of completed Cultural Resources documentation. 5. The NRCS Planner shall modify the producers’ job sheets to require that the producer adhere to the avoidance measures, thereby ensuring “no adverse effect” to historic properties. The NRCS Planner shall physically verify that the avoidance measures are in place. v. Where the NRCS makes a proposed undertaking may adversely affect determination of “adverse effect” to historic properties, the NRCS shall describe proposed propose measures to minimize or mitigate the adverse effects, and follow following the process in 36 CFR Part 800.6, including consultation with other consulting patties and parties, notification to the ACHP, to develop and development of a Memorandum of Agreement (MOA) to resolve the adverse effects. Should Where the proposed undertaking have the potential NRCS makes a determination of “adverse effect” to adversely affect a known NHLNational Historic Landmark, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary shall propose measures to minimize harm to or mitigate the NHL adverse effects, following the process in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective the National Park Service, Regional Service Pacific West Region National Historic Landmark Program Coordinator, and development of a MOA to develop a Memorandum of Agreementresolve the adverse effects. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum3. The NRCS shall ensure verify that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility mitigation measures agreed to in accordance with 36 CFR Part 79. Subject the MOA have been executed prior to the landowner's permission, producer’s contract implementation. d. The list of undertakings provided in the Appendix [A] may be modified through consultation and written agreement between the NRCS PIA Director and the CNMI HPO without requiring an amendment to this State-based Prototype Agreement. The NRCS PIA will maintain the Appendix A master list and will provide an updated Appendix A to all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property consulting parties with an explanation of the landowner(srationale (metadata) unless for classifying the landowner(s) donates the material practices accordingly. This Appendix A master list shall be provided to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇CNMI HPO. e. The Stipulation V. Review Procedures are illustrated in Appendix C.

Review Procedures. a. In consultation with the Illinois SHPO, Native American Indian Tribes listed in Appendix E; Consulting Tribes, NRCS shall identify those undertakings with little to no potential to affect historic properties and list those undertakings in Appendix A. Additionally, NRCS shall also identify those undertakings considered exempt from case-by-case review by the SHPO (Appendix B). Upon the determination by the CRS SCRS/Archaeologist/Historian that a proposed undertaking is included in Appendix AA and/or Appendix B, the NRCS is not required to consult further with the SHPO SHPO, Native American Indian Tribes listed in Appendix E; Consulting Tribes, for that undertaking. A list of undertakings with the potential to affect historic properties comprises Appendix B.. b. The lists list of undertakings provided in Appendices the Appendix A and B may be modified through consultation and written agreement between the NRCS State Conservationist NRCS-Wyoming and the SHPO SHPO, Native American Indian Tribes listed in Appendix E; Consulting Tribes, without requiring an amendment to this Illinois Prototype AgreementsPA. The NRCS State Office NRCS-Wyoming will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale rationale) for classifying the practices accordingly. c. Undertakings not identified in Appendix A or Appendix B shall require further review as outlined in Stipulation V. a. V.c. The NRCS shall consult with the SHPO and the Native American Indian Tribes listed in Appendix E; Consulting Tribes, to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing approving the financial assistance for the undertaking. 1) . NRCS may provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single transmittal to the SHPOSHPO and the Native American Indian Tribes listed in Appendix E; Consulting Tribes, provided this documentation meets the substantive standards in 36 CFR Part 800.4-5 and 800.11. 2) . The NRCS shall attempt to avoid and minimize adverse effects to historic properties whenever possible; where . Where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) . Where the NRCS proposes a finding of "“no historic properties affected" ” or "“no adverse effect" ” to historic properties, the SHPO and the Native American Indian Tribes listed in Appendix E; Consulting Tribes, shall have 30 thirty (30) calendar days from receipt of this documented description and information to review it and provide comments. The NRCS shall take into account all timely commentscomments received with that thirty (30) days. i. If the SHPOSHPO/ Native American Indian Tribes listed in Appendix E; Consulting Tribes, or another consulting party, disagrees with NRCS' ’ findings and/or determination, it shall notify the NRCS within the thirty (30) calendar daytime day time period. The NRCS shall consult with the SHPO or and the Native American Indian Tribes listed in Appendix E; Consulting Tribes, other consulting party parties to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. ii. If the SHPO does and the Native American Indian Tribes listed in Appendix E; Consulting Tribes, whose’ THPOs do not respond to the NRCS within the thirty (30) calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs SHPO, and/or the THPOs concur with the NRCS' ’ determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above above, and may move forward with the undertaking. 4) . Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties parties and notification to the ACHP, to develop a Memorandum of an Agreement document appropriate to the undertaking to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.

Review Procedures. a. In consultation with the Illinois Idaho SHPO, NRCS shall identify those undertakings with little to no potential to affect historic properties and list those undertakings in Appendix A. [B]. Upon the determination by the CRS NRCS that a proposed undertaking is included in Appendix A[B], the NRCS is not required to consult further with the Idaho SHPO for that undertaking. A list of undertakings with the potential to affect historic properties comprises Appendix B.. b. The lists list of undertakings provided in Appendices A and B Appendix [B] may be modified through consultation and written agreement between the NRCS State Conservationist and the Idaho SHPO without requiring an amendment to this Illinois State-based Prototype Agreement. The NRCS State Office will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly. c. Undertakings not identified in Appendix B [B] shall require further review as outlined in Stipulations V.d. and V.e. d. Undertakings not identified or not meeting all the conditions listed on Appendix [B] shall require the responsible NRCS field office employee to provide the CRS with all pertinent project information including descriptions of all undertakings, maps showing the extent of the APE, and design drawings and pictures as appropriate. The CRS shall evaluate the proposed project impacts and review available information on previous cultural resources surveys and previously recorded historic properties and require one of the following: 1. A field review is not required. The responsible NRCS field office employee will document this finding in the Conservation Plan folder and on the NRCS Environmental Evaluation form (CPA-52) and proceed with that undertaking. 2. A preliminary field review by a Cultural Resources Technician (CRT). A CRT is a NRCS employee that has completed, at a minimum, the NRCS Web-based (in USDA AgLearn) and field Cultural Resources Training to identify cultural resources (see Appendix C). If the CRT does not identify any cultural resources during this preliminary field review they will document this no findings determination on Form A (Appendix D) and provide this the to an Idaho NRCS Cultural Resources Specialist (CRS). If the CRS concurs with this no findings determination, the undertaking shall proceed as proposed. NRCS employees who do not meet the Secretary of Interior’s Professional Qualifications Standards will not make recommendations regarding the (1) identification of historic properties; (2) eligibility of cultural resources; or (3) project effects. 3. A field review by a NRCS Cultural Resources Specialist or by another individual meeting the Secretary of Interior’s Professional Qualifications Standards. A CRS or other professional shall conduct the field review when historic properties have been previously identified within the APE during the literature review or by the preliminary field review by a CRT, when the project is in an area with a high potential for the discovery of unrecorded historic properties, when properties of religious or cultural significance to an Indian tribe are within the APE, when a project occurs on tribal lands or within the external boundaries of an Indian Reservation, or when the undertaking has the involvement of other federal agencies (see Stipulation V.IV). If no historic properties are identified within the project’s APE, the CRS shall document this finding on Form A (Appendix D) and the project will proceed as proposed. If historic properties are identified within the APE. the NRCS shall meet the requirements as outlined in Stipulation V.e. a. e. The NRCS shall consult with the Idaho SHPO and appropriate Indian tribe(s) to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing installation of the undertakingpractice or implementation of the action. 1) . NRCS may provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single transmittal to the SHPOIdaho SHPO using the Idaho NRCS Cultural Resources Report Narrative – Form B (Appendix E), provided this the Idaho Archaeological Sites Inventory Form and/or the Idaho Historic Sites Inventory Form, and other documentation that meets the substantive standards in 36 CFR Part 800.4-5 and 800.11. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) . Where the NRCS proposes a finding of "“no historic properties affected" ” or "“no adverse effect" ” to historic properties, the Idaho SHPO shall have 30 calendar days from receipt of this documented description and information the documentation to review it the information and provide comments. The NRCS shall take into account all timely comments. i. If the SHPO, or another consulting party, Idaho SHPO disagrees with NRCS' ’s findings and/or determination, it shall notify the NRCS within the thirty (30) 30 calendar daytime day time period. The NRCS shall consult with the Idaho SHPO or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. ii. If the Idaho SHPO does not respond to the NRCS within the thirty (30) 30 calendar day period and/or and the NRCS receives no objections from other consulting parties, or if the Idaho SHPO concurs with the NRCS' ’s determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above above, and may move forward with the undertaking. 4) . Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, effects and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties parties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.

Review Procedures. a. In consultation with the Illinois American Samoa SHPO, the NRCS has identified those undertakings with little to no potential to affect historic properties, and listed those undertakings in Sections I. and II. of Appendix [A]. 1. Upon the determination by the NRCS that a proposed undertaking is included in Section I. or Section II. of Appendix [A], and when NRCS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the American Samoa SHPO for that undertaking, and the undertaking may proceed as planned. 2. The NRCS shall identify document the “no historic properties affected” determination on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B]. The CRS shall submit to the American Samoa SHPO on an annual basis, PDF copies of completed Cultural Resources Technical Note #4. b. In consultation with the American Samoa SHPO, the NRCS has identified those undertakings with little to no potential to affect historic properties or potential to affect historic properties dependent on their installation method, and list listed those undertakings in Section III. of Appendix A. [A]. In consultation with the American Samoa SHPO, the NRCS has identified those undertakings that always have potential to affect historic properties, and listed those undertakings in Section IV. of Appendix [A]. 1. Upon the determination by the CRS NRCS that a proposed undertaking is included in Section III. of Appendix [A] is non-intrusive and therefore has little to no potential to affect historic properties, and when NRCS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the American Samoa SHPO for that undertaking, and the undertaking may proceed as planned. i. The NRCS shall document the “no historic properties affected” determination on the 5 NRCS PIA Cultural Resources Technical Note #4 in Appendix [B]. A list The CRS shall submit to the American Samoa SHPO on an annual basis, PDF copies of undertakings with completed Cultural Resources Technical Note #4. 2. Upon determination by the NRCS that a proposed undertaking included in Section III. of Appendix [A] is intrusive, or that a proposed undertaking is included in Section IV. of Appendix [A], and therefore has potential to affect historic properties comprises Appendix B. b. The lists of undertakings provided in Appendices A and B properties, the NRCS may be modified through consultation and written agreement between required to consult further with the NRCS State Conservationist and the American Samoa SHPO without requiring an amendment to this Illinois Prototype Agreement. The NRCS State Office will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale for classifying the practices accordinglythat undertaking, as described below. c. Undertakings identified in Appendix B shall require further review as outlined in Stipulation V. a. i. The NRCS shall consult with the SHPO to define the undertaking’s APE and a NRCS Planner shall conduct a preliminary field inspection of the APE to determine the presence/absence of cultural resources. If the NRCS Planner requires assistance in determining if potential cultural resources observed during the preliminary field investigation are in fact cultural resources, they may submit a photograph and description of the item(s) in question to the American Samoa SHPO and/or the CRS for input. The NRCS Planner shall then document the results of the field inspection on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B] and submit it to the CRS. The CRS shall review the Cultural Resources Technical Note #4 submittal, and conduct a literature review within the American Samoa SHPO’s site inventory records to further identify the potential for presence/absence of cultural resources. The CRS and/or NRCS Planner may request assistance from the American Samoa SHPO in conducting the literature review to further identify the potential for presence/absence of cultural resources. The American Samoa SHPO shall respond to the request for literature review assistance within seven (7) calendar days. ii. If the NRCS determines that cultural resources are absent from the APE, and when the CRS has made a determination of “no historic properties affected”, the NRCS is not required to consult further with the American Samoa SHPO for that undertaking, and the undertaking may proceed as planned. 1. The NRCS shall document the “no historic properties affected” determination on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B]. The CRS shall submit to the American Samoa SHPO on an annual basis, PDF copies of completed Cultural Resources Technical Note #4. iii. If the NRCS determines that cultural resources are present within the APE, or during the literature review determines that the APE is located in an area with a potential for the discovery of previously unknown historic properties, NRCS shall require that the producer retain professional historic preservation consultants to conduct inventory survey, in consultation with the American Samoa SHPO, to identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing installation of the undertakingconservation practice or implementation of the action. 1) . The NRCS may provide its proposed APE, identification of historic properties and/or properties, scope of identification efforts, and assessment determination of effects in a single transmittal to the SHPO, provided this American Samoa SHPO and other consulting parties. This documentation meets must meet the substantive standards in 36 CFR Part 800.4-5 and 800.11, and meet the American Samoa SHPO Report Guidelines. 2) . The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) iv. Where the NRCS proposes a finding determination of "no historic properties affected" or "“no adverse effect" ” to historic properties, the American Samoa SHPO shall have 30 thirty (30) calendar days from receipt of this documented description and information the documentation to review it and provide commentsto concur, or not. The NRCS shall take into account all timely comments. i. 1. If the American Samoa SHPO, or another consulting party, party disagrees with NRCS' findings and/or ’ determination, it shall notify the NRCS in writing within the thirty (30) calendar daytime day time period. The NRCS shall consult with the SHPO American Samoa SHPO, or other consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII VIII. below. ii2. If the American Samoa SHPO does not respond to the NRCS within the thirty (30) calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO concurs with the NRCS' determination and proposed actions to avoid adverse effectsperiod, the NRCS shall document the concurrence/lack of response within on the review time noted above NRCS PIA Cultural Resources Technical Note #4 in Appendix [B], and may move forward with the undertaking. 3. If the American Samoa SHPO concurs, the NRCS shall document the concurrence on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B], and may move forward with the undertaking. 4) . The NRCS shall document the “no adverse effect” determination on the NRCS PIA Cultural Resources Technical Note #4 in Appendix [B]. The CRS shall submit to the American Samoa SHPO on an annual basis, PDF copies of completed Cultural Resources Technical Note #4. 5. The NRCS Planner shall modify the producers’ jobsheets to require that the producer adhere to the avoidance measures, thereby ensuring “no adverse effect” to historic properties. The NRCS Planner shall physically verify that the avoidance measures are in place and document this on the Cultural Resources Technical Note #4. v. Where the NRCS makes a proposed undertaking may adversely affect determination of “adverse effect” to historic properties, the NRCS shall describe proposed propose measures to minimize or mitigate the adverse effects, and follow following the process in 36 CFR Part 800.6, including consultation with other consulting patties and parties, notification to the ACHP, to develop and development of a Memorandum of Agreement (MOA) to resolve the adverse effects. Should Where the proposed undertaking have the potential NRCS makes a determination of “adverse effect” to adversely affect a known NHLNational Historic Landmark, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary shall propose measures to minimize harm to or mitigate the NHL adverse effects, following the process in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective the National Park Service, Regional Service Pacific West Region National Historic Landmark Program Coordinator, and development of a MOA to develop resolve the adverse effects. c. The list of undertakings provided in the Appendix [A] may be modified through consultation and written agreement between the NRCS PIA Director and the American Samoa SHPO without requiring an amendment to this State-based Prototype Agreement. The NRCS PIA will maintain the Appendix A master list and will provide an updated Appendix A to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly. This Appendix A master list shall be provided to the American Samoa SHPO on a Memorandum of Agreementyearly basis. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained Stipulation V. Review Procedures are illustrated in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.Appendix C.

Review Procedures. a. In consultation with the Illinois SHPOVISHPO, NRCS shall identify those practices which involve undertakings with little to no little-to-no-potential to affect historic properties and list those undertakings in Appendix A. B. Upon the determination by the NRCS CRS that a proposed undertaking is included in Appendix AB, the NRCS is not required to consult further with the SHPO VISHPO for that undertaking. A list of undertakings with the potential to affect historic properties comprises Appendix B.. b. The lists list of undertakings provided in Appendices A Appendix B only apply to VISHPO oversight area and B may be modified through consultation and written agreement between the NRCS Caribbean State Conservationist and the SHPO VISHPO without requiring an amendment to this Illinois Prototype Agreement. The This signed modification of the undertaking list in Appendix B will be submitted to NRCS/FPAC FPO and the ACHP. NRCS Caribbean Area State Office will maintain the master list and will provide an updated list to all consulting parties with an explanation of the rationale (metadata) for classifying the practices accordingly. c. Undertakings not identified in Appendix B shall require further review as outlined in Stipulation V. a. The below. NRCS Caribbean Area State Office shall consult with the SHPO VISHPO to define the undertaking’s APE, identify and evaluate historic properties that may be affected by the undertaking, assess potential effects, and identify strategies for resolving adverse effects prior to implementing approving the financial assistance for the undertaking. 1. After consultation with the VISHPO, NRCS shall delineate a clearly defined Area of Potential Effects (APE) for each reviewed project. 2. NRCS personnel meeting the qualifications and training stipulated under Section III will conduct a cultural resources review of the project area. Such review will include a review of the topographic quadrangle, current historical photographs, available historic photographs, and property records of the APE. 3. As part of the process, NRCS qualified personnel will also review reports, site records (site forms), GIS data and other reports of previous cultural resources work performed in order to identify reported cultural resources within and adjacent to the APE. Such data is available by request to the VISHPO at the respective offices in St. ▇▇▇▇▇▇ and St. Croix. Data for properties and projects located at St. Croix can be accessed by request to the St. Croix office at Ft. ▇▇▇▇▇▇▇▇▇ Museum or request to the VISHPO Senior Archaeologist. Data for properties and projects located at St. ▇▇▇▇▇▇ and St. ▇▇▇▇ can be accessed by request to the St. ▇▇▇▇▇▇ office located at Fort Christian Museum. The cultural resources review process may also include a preliminary field inspection and interview with the property owner in order to examine the APE for evidence of cultural resources that might have not been previously documented on the consulted records. 4. If cultural resources are found to be present within an APE, or if NRCS has any other reason to suspect that cultural resources may be present NRCS shall request the assistance of a qualified CRS in the project review process. The CRS will determine the potential need for further field investigation and coordinate it with the involved parties, including NRCS, property owners and the VISHPO. 5. The intensity and scale of the investigation will be tailored to the anticipated potential effect on cultural resources and/or historic properties of the proposed undertaking. 6. The CRS will draft a report of the field investigation and present it to NRCS for submittal to and consultation with the VISHPO and other consulting parties. 7. After completion of the cultural resources review and/or field investigation NRCS shall provide its proposed APE, identification of historic properties and/or scope of identification efforts, and assessment of effects in a single transmittal to the SHPOVISHPO, provided this documentation meets the substantive standards outlined Appendix E, in accordance with 36 CFR Part 800.4-5 and 800.11800.11 guidance. 2) 8. The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties. 3) 9. Where the NRCS proposes a finding of "“no historic properties affected" ” or "“no adverse effect" ” to historic properties, the SHPO VISHPO shall have 30 calendar days from receipt of this documented description and information to review it and provide comments. The NRCS shall take into account all timely comments. i. If the SHPOVISHPO, or another consulting party, disagrees with NRCS' ’ findings and/or determination, it shall notify the NRCS within the thirty (30) 30 calendar daytime day time period. The NRCS shall then consult with the SHPO VISHPO or other another consulting party to attempt to resolve the disagreement. If the disagreement cannot be resolved through this consultation, NRCS shall follow the dispute resolution process in Stipulation VIII below. ii. If the SHPO VISHPO does not respond to the NRCS within the thirty (30) 30 calendar day period and/or the NRCS receives no objections from other consulting parties, or if the SHPO VISHPO concurs with the NRCS' ’ determination and proposed actions to avoid adverse effects, the NRCS shall document the concurrence/lack of response within the review time noted above and may move forward with the undertaking. 4) d. Where a proposed undertaking may adversely affect historic properties, NRCS shall describe proposed measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800.6, including consultation with other consulting patties parties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects. Should the proposed undertaking have the potential to adversely affect a known NHL, the NRCS shall, to the maximum extent possible, undertake such planning and actions that may be necessary to minimize harm to the NHL in accordance with 54 U.S.C. § 306107 of the NHPA and 36 CFR Part 800.6 and 800.10, including consultation with the ACHP and respective National Park Service, Regional National Historic Landmark Program Coordinator, to develop a Memorandum of Agreement. d. NRCS will conduct archaeological surveys and will submit reports and other documentation to SHPO for review and comment. When no archaeological sites have been located by the archaeological survey, NRCS may proceed with the proposed undertaking. Reports for negative surveys must be submitted to SHPO on a quarterly basis. All positive and negative reports submitted to SHPO will be sent digitally for submission to the Inventory of Illinois Archaeological Sites (IAS) data file maintained by staff at the Illinois State Museum (ISM) housed under the Illinois Department of Natural Resources (IDNR). The NRCS further agrees that access to specific site location data will be restricted to the CRS, the NRCS field personnel installing conservation practices adjacent to the cultural resource, and the landowner. Specific site location information for individual projects will be maintained in a secure cultural resources file kept in the field offices and will not be available to the public. e. Curation: NRCS personnel will not collect artifactual material during routine field inspections. However, if a professional survey, evaluation testing, or mitigation is required, NRCS shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federal or state property are curated by the Illinois State Museum. The NRCS shall ensure that all records resulting from cultural resource surveys or data recovery activities on private property are curated by the Illinois State Museum or an equivalent curation facility in accordance with 36 CFR Part 79. Subject to the landowner's permission, all objects resulting from cultural resources surveys or data recovery activities are maintained by the Illinois State Museum or equivalent research institution until their analysis is complete and they are returned to their owner(s). Although landowners will be encouraged to donate artifactual material, it is understood that objects collected on private land remain the property of the landowner(s) unless the landowner(s) donates the material to the Illinois State Museum or equivalent research institution. This excludes burial goods, as stipulated by ▇▇▇▇▇▇.adverse