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2. The City shall consider mitigation measures recommended by the Indiana SHPO and implement them, if feasible. B. Undertakings limited to immediate rescue and salvage operations are exempt from this stipulation. XII. POST REVIEW DISCOVERIES AND UNFORESEEN EFFECTS If, during the implementation of these programs, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known National Register historic property may be affected in an unanticipated manner, the City will assume its responsibilities pursuant to 36 C.F.R. Part 800.13. A. In the event that previously unidentified archeological sites or human remains are discovered during project construction, that portion of the project shall stop immediately within 100 feet of the discovery and the project manager shall notify the City, SHPO/THPO, and other consulting party signatories within 48 hours, and shall take appropriate steps to immediately secure the site. B. In addition, the project manager shall notify local and/or state law enforcement authorities including the county coroner and the Indiana SHPO. C. The City shall consult with the SHPO and Tribes to determine if the discovered site appears eligible for the National Register. If it does appear eligible, the City shall submit a treatment plan for the avoidance, protection, recovery of information, or destruction without data recovery to the SHPO for review and comment. The treatment plan shall be consistent with the ACHP's handbook Treatment of Archaeological Properties and subsequent amendments and SHPO guidelines. If human remains are discovered, the treatment plan shall follow the guidance in Advisory Council on Historic Preservation Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects, including appropriate consultation with descendent communities. Construction work in the area of the discovery shall not continue until the plan has been accepted by the signatory parties and implemented. D. All human burial sites in Indiana are protected under state statutes, and any undertaking that may affect a human burial site shall comply in accordance with any applicable Federal and State statutes and codes before the project resumes. . If any archaeological artifacts or human remains are uncovered during construction, demolition, or earthmoving activities, state law (Indiana Code 14- 21-1-27 and 29) requires that the discovery must be reported to the Department of Natural Resources within two (2) business days. In that event, please call (317) 232-1646. Be advised that adherence to Indiana Code 14-21-1-27 and 29 does not obviate the need to adhere to applicable federal statutes and regulations XIII. NOTIFICATION Notification or other communication between parties to this agreement should be made in care of addresses provided in Exhibit A. K4 M1��MMllllllkVFJ I Mel 130 1 Mel Y 10/29/2015 Page 12