Common use of IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES Clause in Contracts

IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. A. Area of Potential Effects An APE for the NLX Corridor was developed by FRA and MnDOT CRU pursuant to 36 CFR 800.4(a)(1) taking into account statements by MnSHPO, WisSHPO, stakeholders and interested parties. The APE for each site specific project will be determined by MnDOT CRU, on behalf of FRA, in accordance with the APE for the NLX Corridor and the APE Delineation guidelines (Attachment A). As described in Attachment A, throughout the design process, MnDOT CRU will determine if revisions to an undertaking require modifications to the APE. If an APE requires revisions, MnDOT CRU is responsible for informing the signatories, together with FRA or other federal agency, consulting Federally- recognized Native American tribes, and other consulting parties. B. Identification and Evaluation of Historic Properties 1. The signatories to this PA agree that MnDOT CRU will have the responsibility to identify historic properties and prepare documentation in accordance with Attachment B. As appropriate, these methods may be modified for the NLX Project or site specific project in consultation with the signatories and in accordance with PI review and current professional standards. Findings shall be made by MnDOT CRU to FRA based on NRHP criteria (36 CFR 60.4) and evaluated in accordance with 36 CFR 800.4(c). Evaluation methods and criteria shall be consistent with the Secretary of the Interior’s Standards and Guidelines for Evaluation (48 Fed. Reg. 44729-44738) (36 CFR 63) and shall be completed by PIs qualified in the appropriate discipline: archaeology, architectural history, or history. 2. Historic properties shall be identified to the extent possible within the APE for the NLX Corridor and each of the site specific projects and will be documented in individual Survey Reports (SR) as described in Attachment B. The content, methodology, level of effort, and documentation requirements for historic property evaluations in the SR shall follow federal, Minnesota and Wisconsin guidelines and instructions, and are provided in detail in Attachment B. The identification effort and ineligible properties shall be documented in separate technical reports for archaeological properties and historic architectural properties, the drafts of which will be submitted for review by the signatories and other consulting parties including tribal historic preservation officers (THPOs) and tribal representatives who have expressed an interest in the undertaking. i. Archaeological properties include precontact and historic period archaeological sites, objects, and districts, and properties identified in 36 CFR 800.4. Evaluations shall be made by PIs fully qualified in the discipline of archaeology. Archaeological properties within the APE shall be documented in the SR. The content, methodology, level of effort, and documentation requirements for archaeological evaluations in the SR are provided in detail in Attachment B. Any archaeological investigations that may be required for portions of the project in Minnesota or Wisconsin on non-federal publicly owned land shall be conducted under a State Archaeologist’s permit (Minnesota 138.31- .42 and WIS. 44.47). The goal of the investigation is to locate and identify any significant archaeological resources that could be affected by the project, well in advance of any construction. The results of the survey will be used in consultation in order to avoid, minimize, or mitigate adverse effects to identified significant archaeological resources. This requirement shall be incorporated into all Archaeological Treatment Plans proposed for portions of the project or project phases in Minnesota and Wisconsin. ii. Historic architectural properties include historic buildings, structures, objects, sites, landscapes and districts. Evaluations shall be made by PIs. Historic architectural properties within the APE that are identified by PIs as historic properties shall be documented in the SR. Historic architectural properties evaluated as ineligible for the NRHP by PIs shall be documented in the SR. The content, methodology, level of effort, and documentation requirements for historic architectural evaluations in the SR are provided in detail in Attachment B. C. Review of Documentation of Historic Properties 1. Upon review and concurrence of the determinations of eligibility by FRA, a Draft SR would be submitted by MnDOT CRU to the signatories and identified consulting parties, including Native American tribes, upon request and would include documentation of all properties in the APE that are listed in the NRHP, previously determined eligible for the NRHP, found eligible for the NRHP by PIs, or that appear ineligible for the NRHP. Known archaeological properties that cannot be evaluated prior to approval of an undertaking will be presumed NRHP eligible. Where archaeological testing to determine NRHP eligibility is not feasible during the identification and evaluation phase, project-specific MOAs may include a provision for treatment plans that include archaeological testing or use of a combined archaeological testing and data recovery program. 2. MnDOT CRU shall submit its determinations to the signatories and consulting parties, including Native American tribes, identified as a result of Stipulations IV.C and V.B, who shall have 30-days to review the determinations and provide their recommendations for changes to the determinations based on National Register criteria. If no objection is made, consistent with Stipulation VI.D, within the 30-day period, the determinations for those historic properties would become final. 3. Other potentially eligible properties within the APE will be evaluated by PIs, documented for each undertaking in a SR, and submitted to MnSHPO or WisSHPO for review and concurrence. If MnSHPO, WisSHPO, agency reviewer, consulting Native American tribe, or other consulting party asks for additional information or a re-evaluation of a property that has been determined to be not eligible, that property and the updated finding of eligibility or non- eligibility shall be included in the Final SR. Comments received from the STB, MnSHPO, WisSHPO, the THPO, agency reviewer(s), consulting Native American tribe(s), and other consulting parties will be considered and may be incorporated into a Final SR.

IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. A. Area of Potential Effects An APE for the NLX Corridor was developed by FRA and MnDOT CRU pursuant to 36 CFR 800.4(a)(1) and taking into account statements by MnSHPO, WisSHPO, stakeholders and interested parties. The APE for each site specific project will be determined by MnDOT CRUMnDOT, on behalf of FRA, in accordance with the APE for the NLX Corridor and the APE Delineation guidelines (Attachment A). As described in Attachment A, throughout the design process, MnDOT CRU will determine if revisions to an undertaking require modifications to the APE. If an APE requires revisions, MnDOT CRU is responsible for informing the signatories, together with FRA or other federal agency, consulting Federally- Federally-recognized Native American tribes, and other consulting parties. B. Identification and Evaluation of Historic Properties 1. The signatories to this PA along with the concurring tribes agree that MnDOT CRU will have the responsibility to identify historic properties and prepare documentation in accordance with Attachment B. As appropriate, these methods may be modified for the NLX Project or site specific project specific needs in consultation with the signatories and in accordance with PI review and current professional standards. Findings shall be made by MnDOT CRU to FRA based on NRHP criteria (36 CFR § 60.4) and evaluated in accordance with provisions of 36 CFR §800.4(c). Evaluation methods and criteria shall be consistent with the Secretary of the Interior’s Standards and Guidelines for Evaluation (48 Fed. Reg. 44729-44738) (36 CFR § 63) and shall be completed by PIs ▇▇▇ qualified in the appropriate discipline: archaeology, architectural history, or history. 2. Historic properties shall be identified to the extent possible within the APE for the NLX Corridor and each of the site specific projects within the Undertaking that comprise the NLX Project and will be documented in individual Survey Reports (SR) as described in Attachment B. The content, methodology, level of effort, and documentation requirements for historic property evaluations in the SR shall follow federal, federal and Minnesota and Wisconsin guidelines and instructions, and are provided in detail in Attachment B. The identification effort and ineligible properties shall be documented in separate technical reports for archaeological properties and historic architectural properties, the drafts of which will be submitted for review by the signatories and other consulting parties including tribal historic preservation officers (THPOs) and tribal representatives who have expressed an interest in the undertaking. i. Archaeological properties include precontact and historic period archaeological sites, objects, and districts, and properties identified in 36 CFR as per § 800.4. Evaluations shall be made by PIs fully qualified in the discipline of archaeology. Archaeological properties within the APE shall be documented in the SR. The content, methodology, level of effort, and documentation requirements for archaeological evaluations in the SR are provided in detail in Attachment B. Any archaeological investigations that may be required for portions of the project in Minnesota or Wisconsin on non-federal publicly owned land shall be conducted under a State Archaeologist’s permit (Minnesota 138.31- .42 § 138.31-.42 and WIS. § 44.47). The goal of the investigation is to locate and identify any significant archaeological resources that could be affected by the project, well in advance of any project construction. The results of the survey will be used in consultation in order to avoid, minimize, or mitigate adverse effects to identified significant archaeological resources. This requirement shall be incorporated into all Archaeological Treatment Plans proposed for portions of the project projects or project phases in Minnesota and Wisconsin. ii. Historic architectural properties include historic buildings, structures, objects, sites, landscapes and districts. Evaluations shall be made by PIs. Historic architectural properties within the APE that are identified by PIs as historic properties shall be documented in the SR. Historic architectural properties evaluated as ineligible for the NRHP by PIs shall be documented in the SR. The content, methodology, level of effort, and documentation requirements for historic architectural evaluations in the SR are provided in detail in Attachment B. C. Review of Documentation of Historic Properties 1. Upon review and concurrence of the determinations of eligibility findings by FRA, a Draft SR would be submitted by MnDOT CRU to the signatories and identified consulting parties, including Native American tribes, upon request and would include documentation of all properties in the APE that are listed in the NRHP, previously determined eligible for the NRHP, found eligible for the NRHP by PIs, or that appear ineligible for the NRHP. Known archaeological properties that cannot be evaluated prior to approval of an undertaking will be presumed NRHP eligible. Where archaeological testing to determine NRHP eligibility is not feasible during the identification and evaluation phase, project-specific MOAs may include a provision for treatment plans that include archaeological testing or use of a combined archaeological testing and data recovery program. 2. MnDOT CRU shall submit its determinations findings in the SR to the signatories and consulting parties, including Native American tribes, identified as a result of Stipulations IV.C and V.B, who shall have 30-days to review the determinations SR findings and provide their recommendations for changes to the determinations findings based on National Register criteria. If no objection is made, consistent with Stipulation VI.D, within the 30-day period, the determinations findings for those historic properties would become final. 3. Other potentially non-eligible properties within the APE will be evaluated by PIs, documented for each undertaking in a SR, and submitted to MnSHPO or WisSHPO for review and concurrence. concurrence If MnSHPO, WisSHPO, agency reviewer, consulting Native American tribe, or other consulting party asks for additional information or a re-evaluation of a property that has been determined to be not eligibleproperty, that property and the updated finding of eligibility or non- non-eligibility shall be included in the Final SR. Comments received from the STB, MnSHPO, WisSHPO, the THPO, agency reviewer(s), consulting Native American tribe(sTribe(s), and other consulting parties will be considered and may be incorporated into a Final SR.