Common use of UNANTICIPATED DISCOVERIES Clause in Contracts

UNANTICIPATED DISCOVERIES. a) In the event of a discovery of a previously unidentified cultural resource, including but not limited to archaeological sites, standing structures, human remains, and TCPs, after the review process and during construction, the NRCS Louisiana CRS and/or Archaeological Contractor will immediately secure that portion of the APE by the most appropriate available means, to include but not necessarily limited to a 30 m radius buffer around the unexpected discovery and suspend work in that buffered area of the affected resource. The NRCS Louisiana CRS will immediately notify the Louisiana SHPO, consulting Indian tribes/THPOs, and additional consulting parties, as appropriate, of the finding. Any previously unidentified cultural resource will be treated as though it is eligible for the NRHP until other determinations may be made. If consulting parties agree that the cultural resource is not eligible for the NRHP, then suspension of work will end. If the consulting parties agree that the cultural resource is eligible for the NRHP, the NRCS Louisiana, in consultation with the Louisiana SHPO, consulting Indian tribes/THPOs, and additional consulting parties, as appropriate, will develop a treatment plan or Standard Mitigation Measures agreement in accordance with Stipulation VII. NRCS Louisiana will implement the plan or Standard Mitigation Measures agreement once approved by the Louisiana SHPO, Indian tribes/THPOs, and additional consulting parties, as appropriate. If there is a disagreement that cannot be resolved, the formal dispute resolution provisions in Stipulation VIII will be implemented.

UNANTICIPATED DISCOVERIES. a) In the event of a discovery of a previously unidentified cultural resource, including but not limited to archaeological sites, standing buildings/structures, human remains, and TCPs, after the review process and during construction, the NRCS Louisiana CRS and/or Archaeological Contractor will immediately secure that portion of the APE by the most appropriate available means, to include but not necessarily limited to a 30 m radius buffer around the unexpected discovery and suspend work in that buffered area of the affected resource. The NRCS Louisiana CRS will immediately notify the Louisiana SHPO, consulting Indian tribes/tribes and/or their THPOs, and additional consulting parties, as appropriate, of the finding. Any previously unidentified cultural resource will be treated as though it is eligible for the NRHP until other determinations may be made. If consulting parties agree that the cultural resource is not eligible for the NRHP, then suspension of suspended work will end. If the consulting parties agree that the cultural resource is eligible for the NRHP, the then NRCS Louisiana, in consultation with the Louisiana SHPO, consulting Indian tribes/tribes and/or their THPOs, and additional consulting parties, as appropriate, will develop a treatment plan or Standard Mitigation Measures agreement in accordance with Stipulation VII. NRCS Louisiana will implement the plan or Standard Mitigation Measures agreement once approved by the Louisiana SHPO, Indian tribes/tribes and/or their THPOs, and additional consulting parties, as appropriate. If there is a disagreement that cannot be resolved, the formal dispute resolution provisions in Stipulation VIII will be implemented.