Discoveries Without Prior Planning Clause Samples

Discoveries Without Prior Planning. 1. If a plan for subsequent discoveries is not in place and an undertaking affects a previously unidentified property or affects a known historic property in an unanticipated manner, the Caltrans District shall promptly stop construction activity in the vicinity of the property and implement all reasonable measures needed to avoid, minimize, or mitigate further harm to the property. 2. Within 48 hours of the discovery, the Caltrans District shall assess the discovery and, if determined to be potentially eligible, provide initial notification to CSO, the SHPO, FHWA where responsibility for environmental review has not been assigned, any Indian tribe that might attach religious or cultural significance to the affected property, the federal agency if federal lands are involved and the federal agency has designated Caltrans lead pursuant to 36 CFR § 800.2(a)(2), the Corps District if within a DA Permit area, or any other consulting party that may have a demonstrated interest in potentially affected properties. Notification shall include, to the extent such information is available: description of the nature and extent of the property or properties, assessment of NRHP eligibility of any properties, the type and extent of any damage to the property, the proposed action, any prudent and feasible treatment measures that would take any effects into account, and a request for comments. Caltrans may furnish this information through correspondence, hard copy, electronic media, telephone, or meetings, at its discretion taking into account the capabilities of the consulting parties and must document this process for the administrative record. Caltrans may assume eligibility of any potentially affected property and proceed with the provisions of this sub-part. 3. Should any of the notified parties respond with comments within 72 hours of the initial notification of the discovery or indicate that they wish to be involved in resolving the situation, the Caltrans District shall take into account their comments or continue consultation with any commenting parties. Caltrans shall provide any remaining information specified in subpart 2, above, as it becomes available. The Caltrans District shall determine the time frame for any further consultation, taking into account the qualities of the property, consequences of construction delays, and interests of consulting parties. Following the conclusion of any further consultation, ▇▇▇▇▇▇▇▇ shall take all comments received into acco...
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Discoveries Without Prior Planning. 1. If a plan for subsequent discoveries is not in place, and an undertaking affects a previously unidentified property or affects a known historic property in an unanticipated manner, Caltrans shall promptly stop construction activity in the vicinity of the property and implement all reasonable measures needed to avoid, minimize, or mitigate further harm to the property. 2. Caltrans shall notify FHWA, the SHPO, and if appropriate, Indian tribes or Native American groups that may attach religious or cultural significance to the affected property, or the federal agency if federal lands are involved, within 48 hours of the discovery. The notification shall at a minimum include the information specified in 36 CFR 800.13(b)(3), and if applicable, (c). Should any of the notified parties respond within 72 hours of the notification, Caltrans shall take into account their recommendations and may carry out appropriate actions or consult further with any commenting parties. Caltrans shall determine the time frame for such further consultation. Following the conclusion of further consultation, Caltrans shall take all comments received into account and may carry out appropriate actions. Failure of any notified party to respond within 72 hours of their receipt of the notification shall not preclude Caltrans from proceeding with appropriate actions. 3. If a National Historic Landmark is affected pursuant to Stipulation XV, Caltrans shall include the Secretary of the Interior and the ACHP in the notification process.
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Discoveries Without Prior Planning i. The SWRCB’s CWSRF financing agreements include provisions for notification to the SWRCB within 24 hours of any post-review discovery. The SWRCB will notify the SHPO and the ACHP within 48 hours of the discovery and consult regarding the eligibility of the discovery and the resolution of adverse effects, if necessary.
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Discoveries Without Prior Planning. The regulations now provide that, if historic properties, or effects to historic properties are identified after the Section 106 Process has been completed, but a formal process for dealing with these discoveries as suggested by 800.13 (a) has not been established, the DOT and FHWA should make reasonable efforts to avoid, minimize or mitigate adverse effects to those properties. The agencies acknowledge this requirement and are agreed that the Iowa notification and conflict resolution process outlined for Section 800.13(a), above, has satisfactorily responded to the concept of this provision of the regulations in the past. With the addition of notification to any other interested tribe (along with the designated Iowa tribal representative), and the inclusion of FHWA’s assessment of the National Register eligibility of the late discovery in the notification, these procedures are still valid.
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Discoveries Without Prior Planning. 1. If previously unidentified cultural resources, or unanticipated effects to historic properties, are discovered after the Iowa DOT has completed its review under this Agreement, that portion of the project will stop immediately as outlined in Iowa DOT Standard Specification 2102.03J and Iowa DOT PPM 500.17 (Cultural Resource Protection). 2. No further construction in the area of discovery will proceed until the requirements of 36 CFR 800.13 have been satisfied, including consultation with Tribes and Nations that may attach traditional cultural and religious significance to the discovered property. 3. The Iowa DOT will consult with the FHWA, SHPO as well as Tribes and Nations, as appropriate, to record, document, and evaluate the NRHP eligibility of the property and the project’s effect on the property, and to design a plan for avoiding, minimizing, or mitigating adverse effects on the eligible property.
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Discoveries Without Prior Planning. 1. If previously unidentified archaeological or historic properties, or unanticipated effects, are discovered after UDOT has completed its review under this Agreement, that portion of the project will stop immediately, in accordance with UDOT Standard Specification 01355, Part 3.8 (Attachment 6). 2. No further construction in the area of discovery will proceed until the requirements of 36 CFR 800.13 have been satisfied, including consultation with Tribes that may attach traditional cultural and religious significance to the discovered property. 3. UDOT will notify SHPO, USACE (if a permitted undertaking), and the Tribes, within 48 hours of the discovery with a description of the discovery, and the actions that are proposed to document the discovery, evaluate NRHP eligibility of the property, and determine the project’s effect on the property if the discovery is determined eligible. 4. If there will be an adverse effect to the property, UDOT will consult with SHPO, USACE (if a permitted undertaking), and the Tribes to design a plan for avoiding, minimizing, or mitigating adverse effects on the eligible property. 5. If neither SHPO nor a Tribe files an objection within 72 hours to UDOT’s plan for addressing the discovery or resolving adverse effects, UDOT may carry out the requirements of 36 CFR 800.13 on behalf of FHWA, and the Council does not need to be notified. 6. UDOT will provide SHPO, USACE (if a permitted undertaking), and the Tribes a copy of the treatment plan and the report of the actions when they are completed.
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Related to Discoveries Without Prior Planning

  • Discoveries 20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site is the property of the Employer. The Contractor is to notify the Engineer of such discoveries and carry out the Engineer's instructions for dealing with them.

  • NASA Inventions NASA will use reasonable efforts to report inventions made under this Agreement by its employees. Upon request, NASA will use reasonable efforts to grant Partner, under 37 C.F.R. Part 404, a negotiated license to any NASA invention made under this Agreement. This license is subject to paragraph E.1. of this Article.

  • Discoveries and Works All Discoveries and Works made or conceived by the Executive during his employment by the Company, solely, jointly or with others, that relate to the Company's present or anticipated activities, or are used or useable by the Company shall be owned by the Company. For the purposes of this Section 6, (including the definition of “Discoveries and Works”) the term “Company” shall include the Company and its affiliates. The term “Discoveries and Works” includes, by way of example but without limitation, Trade Secrets and other Confidential Information, patents and patent applications, service marks, and service ▇▇▇▇ registrations and applications, trade names, copyrights and copyright registrations and applications. The Executive shall (a) promptly notify, make full disclosure to, and execute and deliver any documents requested by the Company, as the case may be, to evidence or better assure title to Discoveries and Works in the Company, as so requested, (b) renounce any and all claims, including but not limited to claims of ownership and royalty, with respect to all Discoveries and Works and all other property owned or licensed by the Company, (c) assist the Company in obtaining or maintaining for itself at its own expense United States and foreign patents, copyrights, trade secret protection or other protection of any and all Discoveries and Works, and (d) promptly execute, whether during his employment with the Company or thereafter, all applications or other endorsements necessary or appropriate to maintain patents and other rights for the Company and to protect the title of the Company thereto, including but not limited to assignments of such patents and other rights. Any Discoveries and Works which, within one year after the expiration or termination of the Executive's employment with the Company, are made, disclosed, reduced to tangible or written form or description, or are reduced to practice by the Executive and which pertain to the business carried on or products or services being sold or delivered by the Company at the time of such termination shall, as between the Executive and, the Company, be presumed to have been made during the Executive's employment by the Company. The Executive acknowledges that all Discoveries and Works shall be deemed “works made for hire” under the U.S. Copyright Act of 1976, as amended 17 U.S.C. Sect. 101.

  • Patentable Inventions or Discoveries Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract.

  • Know-How Necessary for the Business The Intellectual Property Rights are all those necessary for the operation of the Company’s businesses as it is currently conducted or contemplated to be conducted. The Company is the owner of all right, title, and interest in and to each of the Intellectual Property Rights, free and clear of all liens, security interests, charges, encumbrances, equities, and other adverse claims, and has the right to use all of the Intellectual Property Rights. To the Company’s knowledge, no employee of the Company has entered into any contract that restricts or limits in any way the scope or type of work in which the employee may be engaged or requires the employee to transfer, assign, or disclose information concerning his work to anyone other than of the Company.