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VI. OLD BUSINESS a. PROGRAMMATIC AGREEMENT
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VI. OLD BUSINESS a. PROGRAMMATIC AGREEMENT
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10/16/2020 3:39:43 PM
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10/16/2020 3:39 PM
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10/16/2020 3:39 PM
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http://www.achp.gov/docs/hrpolicy0207.pdf
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10/16/2020 3:39 PM
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10/16/2020 3:39 PM
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http://www.achp.gov/docs/hrpolicy0207.pdf
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<br /> 10/16/2020 <br /> Page 13 <br />B. Undertakings limited to immediate rescue and salvage operations are exempt <br />from this stipulation. <br />XII. POST REVIEW DISCOVERIES AND UNFORESEEN EFFECTS <br /> <br />If, during the implementation of these programs, a previously unidentified property that may be <br />eligible for inclusion in the National Register is encountered, or a known National Register <br />historic property may be affected in an unanticipated manner, the City will assume its <br />responsibilities pursuant to 36 C.F.R. Part 800.13. <br /> <br />A. In the event that previously unidentified archeological sites or human remains are <br />discovered during project construction, that portion of the project shall stop <br />immediately within 100 feet of the discovery and the project manager shall notify <br />the City, Indiana SHPO/THPO, each American Indian tribe claiming an interest <br />in the lands encompassing the APE, and other consulting party signatories within <br />48 hours, and shall take appropriate steps to immediately secure the site. <br /> <br />B. In addition, the project manager shall notify local and/or state law enforcement <br />authorities including the county coroner. <br /> <br />C. The City shall consult with the Indiana SHPO and each American Indian tribe <br />claiming an interest in the lands encompassing the APE to determine if the <br />discovered site appears eligible for the National Register. If it does appear <br />eligible, the City shall submit a treatment plan for the avoidance, protection, <br />recovery of information, or destruction without data recovery to the Indiana <br />SHPO and each American Indian tribe claiming an interest in the lands <br />encompassing the APE for review and comment. The treatment plan shall be <br />consistent with the ACHP’s handbook Treatment of Archaeological <br />Properties and subsequent amendments and Indiana SHPO guidelines. If <br />human remains are discovered, the treatment plan shall follow the guidance in <br />Advisory Council on Historic Preservation Policy Statement Regarding <br />Treatment of Burial Sites, Human Remains and Funerary Objects, including <br />appropriate consultation with descendent communities. Construction work in the <br />area of the discovery shall not continue until the plan has been accepted by the <br />signatory parties, including the invited signatories, and implemented. <br /> <br />D. All human burial sites in Indiana are protected under state statutes, and any <br />undertaking that may affect a human burial site shall comply in accordance with <br />any applicable Federal and State statutes and codes before the project resumes. . <br />If any archaeological artifacts or human remains are uncovered during <br />construction, demolition, or earthmoving activities, state law (Indiana Code 14- <br />21-1-27 and 29) requires that the discovery must be reported to the Department <br />of Natural Resources within two (2) business days. In that event, please call <br />(317) 232-1646. Be advised that adherence to Indiana Code 14-21-1-27 and 29 <br />does not obviate the need to adhere to applicable federal statutes and regulations <br /> <br /> <br />XIII. NOTIFICATION <br /> <br />Notification or other communication between parties to this agreement should be made in care of <br />addresses provided in Exhibit C.
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