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.
Appears in 3 contracts
Sources: Programmatic Agreement, Programmatic Agreement, Programmatic Agreement