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

IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. If an undertaking does not meet the criteria of Appendix B or Appendix C, ARDOT Qualified Staff will employ a multi-disciplinary approach to meet the requirements of 36 CFR 800.3 and 36 CFR 800.4. ARDOT Qualified Staff will follow the internal procedures process as outlined in Appendix D.V and may address multiple steps simultaneously. Draft November 2020 A. ARDOT shall identify historic properties that may be located within the APE. ARDOT shall determine the appropriate scope and type of identification efforts based on the magnitude of the project, the nature and extent of its potential effects on historic properties, and the likely nature of historic properties within the APE. ARDOT shall consult formally or informally with SHPO to determine the level of effort to identify historic properties and associated survey methodology. ARDOT will undertake the Initiation of the Section 106 Process and the Identification of Historic Properties by carrying out the following steps in conformance with the process outlined in the regulations implementing Section 106: 1. Initiate the Section 106 process in accordance with the procedures in 36 CFR 800.3, including establishing an undertaking exists, coordinating with other reviews, planning to involve the public, and identifying and inviting other consulting parties, as appropriate; 2. Determine the project's APE, as defined in 36 CFR 800.16(d) and under the provisions stated in Stipulation VII; 3. Review existing information on file (including but not limited to ARAS’s site files, Arkansas Historic Preservation Program’s recorded structures and site files, and ARDOT’s historic bridge database) to identify historic properties in the APE; 4. Formal consultation letters are sent to the Osage Nation and other consulting Tribes early in the planning process as outlined in Stipulation IV and Appendix D.V. 5. Assess the likelihood that unidentified historic properties exist in the APE by examining archival maps and resources and aerial imagery; 6. Determine the degree of existing disturbance within the APE by performing a windshield survey and/or field inspection, as needed and determine whether an archaeological or historic architectural survey is needed; 7. Perform archaeological or historic architectural field reconnaissance and/or intensive surveys, as warranted, in conformance with the Secretary of the Interior's Standards and Guidelines for

IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. If an undertaking does not meet A. Identification of Historic Properties (Buildings and Structures): The COUNTY shall consult with the criteria of Appendix B or Appendix C, ARDOT Qualified Staff will employ a multi-disciplinary approach SHPO to meet the requirements of 36 CFR 800.3 and 36 CFR 800.4. ARDOT Qualified Staff will follow the internal procedures process as outlined in Appendix D.V and may address multiple steps simultaneously. Draft November 2020 A. ARDOT shall identify historic properties that may be located within the APE. ARDOT shall determine the appropriate scope and type of identification efforts based on the magnitude of the project, the nature and extent of its potential effects on historic properties, and the likely nature of historic properties within the HUD activities' area of potential effect (APE) as set forth in 36 CFR Section 800.4(a). ARDOT At a minimum, the COUNTY shall consult formally or informally with SHPO to determine review the level of effort to identify historic properties and associated survey methodology. ARDOT will undertake the Initiation current listing of the Section 106 Process National Register, the Utah SHPO Historic Buildings Database, and COUNTY records. When the COUNTY determines in consultation with the SHPO that additional information is required to adequately assess the presence of historic properties, the COUNTY shall further consult with the SHPO and collect additional information that is responsive to the nature of the undertaking. The COUNTY shall make efforts to survey and evaluate properties within HUD target areas and to update district evaluations that are over 20 years old when those districts are located in or overlap with those target areas B. Identification of Historic Properties (Archaeological): The COUNTY shall ensure that any vacant parcel or open areas within developed parcels proposed for ground disturbing development (to include excavation for footings and foundations; installation of utilities such as sewer, water, storm drains, electrical, gas, ▇▇▇▇▇ lines, septic tanks, etc.) shall be assessed for the potential to contain archaeological historic properties. Assessment could include, but is not limited to, a historic document background research, Class I archaeological literature review, ▇▇▇▇▇▇▇ Maps overlay, and/or Class III Intensive archaeological survey of the subject parcel. Any on-site ground disturbing activities in areas with a high potential for archaeology, such as commercial areas, downtown cores and central business districts, and historic industrial areas, must be completed by carrying out an archaeologist meeting the following steps in conformance with Secretary of Interior Standards (48 CFR 44734-37), and that person must hold a Utah State Principal Investigator Permit. All documentation and a formal determination will be provided to the process outlined in Utah SHPO for comment and review. The COUNTY shall notify the regulations implementing Section 106SHPO immediately if unidentified historic properties are discovered during the implementation of any project activities as per Stipulation VIII (Discovery Clause) of this agreement. C. Evaluation of National Register Eligibility: 1. Initiate Eligible: If the Section 106 process COUNTY identifies properties fifty (50) years of age or older within the APE which are not included on the National Register and are not in the Utah SHPO Historic Buildings Database that appear to be ELIGIBLE for the National Register, that property will be assessed, recorded, and treated as such and dealt with in accordance with the procedures in 36 CFR 800.3, including establishing an undertaking exists, coordinating with other reviews, planning to involve the public, and identifying and inviting other consulting parties, as appropriate; 2. Determine the project's APE, as defined in 36 CFR 800.16(d) and under the provisions stated in Stipulation VII; 3. Review existing information on file (including but not limited to ARAS’s site files, Arkansas Historic Preservation Program’s recorded structures and site files, and ARDOT’s historic bridge database) to identify historic properties in the APE; 4. Formal consultation letters are sent to the Osage Nation and other consulting Tribes early in the planning process as outlined in Stipulation IV and Appendix D.V. 5. Assess the likelihood that unidentified historic properties exist in the APE by examining archival maps and resources and aerial imagery; 6. Determine the degree of existing disturbance within the APE by performing a windshield survey and/or field inspection, as needed and determine whether an archaeological or historic architectural survey is needed; 7. Perform archaeological or historic architectural field reconnaissance and/or intensive surveys, as warranted, in conformance with the Secretary of the Interior's Standards and Guidelines forthis PA.

IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. If an undertaking does not meet the criteria of Appendix B or Appendix C, ARDOT Qualified Staff will employ a multi-disciplinary approach to meet the requirements of 36 CFR 800.3 and 36 CFR 800.4. ARDOT Qualified Staff will follow the internal procedures process as outlined in Appendix D.V and may address multiple steps simultaneously. Draft November 2020 . A. ARDOT shall identify historic properties that may be located within the APE. ARDOT shall determine the appropriate scope and type of identification efforts based on the magnitude of the project, the nature and extent of its potential effects on historic properties, and the likely nature of historic properties within the APE. ARDOT shall consult formally or informally with SHPO to determine the level of effort to identify historic properties and associated survey methodology. ARDOT will undertake the Initiation of the Section 106 Process and the Identification of Historic Properties by carrying out the following steps in conformance with the process outlined in the regulations implementing Section 106: 1. Initiate the Section 106 process in accordance with the procedures in 36 CFR 800.3, including establishing an undertaking exists, coordinating with other reviews, planning to involve the public, and identifying and inviting other consulting parties, as appropriate; 2. Determine the project's APE, as defined in 36 CFR 800.16(d) and under the provisions stated in Stipulation VII; 3. Review existing information on file (including but not limited to ARAS’s site files, Arkansas Historic Preservation Program’s recorded structures and site files, and ARDOT’s historic bridge database) to identify historic properties in the APE; 4. Formal consultation letters are sent to the Osage Nation and other consulting Tribes early in the planning process as outlined in Stipulation IV and Appendix D.V. 5. Assess the likelihood that unidentified historic properties exist in the APE by examining archival maps and resources and aerial imagery; 6. Determine the degree of existing disturbance within the APE by performing a windshield survey and/or field inspection, as needed and determine whether an archaeological or historic architectural survey is needed; 7. Perform archaeological or historic architectural field reconnaissance and/or intensive surveys, as warranted, in conformance with the Secretary of the Interior's Standards and Guidelines for

IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES. If an undertaking does not meet the criteria of Appendix B or Appendix C, ARDOT Qualified Staff will employ The Responsible Entity shall make a multi-disciplinary approach to meet the requirements of 36 CFR 800.3 reasonable and 36 CFR 800.4. ARDOT Qualified Staff will follow the internal procedures process as outlined in Appendix D.V and may address multiple steps simultaneously. Draft November 2020 A. ARDOT shall identify historic properties that may be located within the APE. ARDOT shall determine the appropriate scope and type of identification efforts based on the magnitude of the project, the nature and extent of its potential effects on historic properties, and the likely nature of historic properties within the APE. ARDOT shall consult formally or informally with SHPO to determine the level of good faith effort to identify historic properties located within the APE, as follows: (1) For Undertakings involving ground disturbance, the Responsible Entity shall coordinate with the SHPO to determine whether archeological background research and/or a field survey is warranted pursuant to Article VI, Archeological Review. In making this determination, all parties shall reference HUD's HP Factsheet 6 (▇▇▇▇://▇▇▇▇▇▇.▇▇▇.▇▇▇/hudportal/documents/huddoc?id=env_factsheet_ 6.pdf) and associated survey methodologythe ACHP’s Policy Statement on Affordable Housing and Historic Preservation, Implementation Principle VIII (▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/docs/ fr7387.pdf). (2) For Undertakings with the potential for direct or visual effects to architectural properties, the Responsible Entity shall determine if properties within the APE are individually listed in the National Register, within the boundaries of a National Register historic district, or previously determined to be eligible for inclusion in the National Register. ARDOT will undertake The Responsible Entity may reference the Initiation Texas Historic Sites Atlas at ▇▇▇▇://▇▇▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇ to determine if a property already has historical designations, and may rely on previous coordination with SHPO for eligibility determinations. Properties listed or eligible for listing in the National Register shall require coordination with the SHPO per Article V of this Agreement. (3) If an architectural property is at least forty-five (45) years of age, is not listed in the National Register, and has not been evaluated for National Register eligibility, the Responsible Entity shall submit documentation to the SHPO for review per ARTICLE V(A)(5) of this Agreement. The forty-five-year age limit was selected to ensure historic age resources were captured in the event of unforeseen potential Undertaking delays and to afford flexibility to account for potential inaccuracies in building dates. (4) If the Responsible Entity determines that an Undertaking application involves an architectural property constructed fewer than forty-five (45) years ago, or a property at least forty-five (45) years of age that has been determined ineligible for the National Register within the past five (5) years, and the property is not within the boundaries of a National Register-listed or -eligible historic district, no further coordination with SHPO shall be required for that property. The Responsible Entity shall keep documentation of this determination on file and available for periodic review by the SHPO per Article IX of this Agreement. (5) The Responsible Entity shall submit documentation of each architectural property requiring Section 106 Review to the SHPO for consultation. Documentation may be provided: (a) Through the THC’s online eTRAC system, accessible at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇▇/etrac-system; (b) By using a ''Request for SHPO Consultation" form, submitted in hard copy by mail or delivery service, or (c) In a cover letter, with attachments including required information, submitted in hard copy by mail or delivery service. Documentation should include, at a minimum, the address of the subject property (including city and county), a map showing the property location, the known or estimated date of construction, a brief architectural description, history of the property and names of architects or builders, if known, and current, clear overall photographs of the property. The submittal should indicate whether the property is listed in the National Register, if known, or determine whether it is eligible for listing in the National Register. Upon review, the SHPO shall concur or disagree with the eligibility determination provided within thirty (30) days. (6) If a property within the APE is determined eligible for National Register listing, further coordination shall be required per Article V (B). If all properties within the APE are determined not eligible for the National Register and are not within a National Register-eligible historic district, and no historic properties are affected by the Undertaking, the Section 106 Process Review process is complete and the Identification of Historic Properties by carrying out the following steps in conformance no further coordination with the process outlined in SHPO shall be required for the regulations implementing Section 106:Undertaking. 1. Initiate (7) Disputes regarding determinations of eligibility shall be referred by the Section 106 process Responsible Entity, through the GLO, to the Keeper of the National Register in accordance with the procedures in 36 CFR 800.3, including establishing an undertaking exists, coordinating with other reviews, planning to involve the public, § 800.4(c)(2) and identifying and inviting other consulting parties, as appropriate; 2. Determine the project's APE, as defined in 36 CFR 800.16(d) and under the provisions stated in Stipulation VII; 3. Review existing information on file (including but not limited to ARAS’s site files, Arkansas Historic Preservation Program’s recorded structures and site files, and ARDOT’s historic bridge database) to identify historic properties in the APE; 4. Formal consultation letters are sent to the Osage Nation and other consulting Tribes early in the planning process as outlined in Stipulation IV and Appendix D.V. 5. Assess the likelihood that unidentified historic properties exist in the APE by examining archival maps and resources and aerial imagery; 6. Determine the degree of existing disturbance within the APE by performing a windshield survey and/or field inspection, as needed and determine whether an archaeological or historic architectural survey is needed; 7. Perform archaeological or historic architectural field reconnaissance and/or intensive surveys, as warranted, in conformance with the Secretary of the Interior's Standards and Guidelines for§ 63.2.