Common use of POST-REVIEW DISCOVERIES Clause in Contracts

POST-REVIEW DISCOVERIES. This stipulation applies to any and all instances of post review discoveries, including: post review discovery of a cultural resource not previously identified in project review and after project approval and initiation; post review discovery of an effect not previously identified in project review and after project approval and initiation; or post review discovery of an effect willfully inflicted on identified historic property after project approval and initiation. In the event of a post review discovery, the CRM, under the authority of the ▇▇▇▇▇▇▇▇ Manager, can halt an undertaking until consultation under this PA has concluded. If the discovery is made as part of an ongoing contracting effort at YPG, the discovery must be reported immediately to the Contracting Officer, who has the authority to halt an undertaking. The Contracting Officer must notify the CRM within 24 hours. A. Post review discovery of a cultural resource not previously identified in project review and after project approval and initiation. 1. In the event cultural resource(s) are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM shall ensure that all work ceases in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified cultural resource(s) within 48 hours of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate. 3. The CRM shall determine if the cultural resource(s) is/are eligible to the NRHP and notify the SHPO of the determination via phone within 72 hours of the discovery. If the SHPO concurs on non-eligibility of the cultural resource, USAG YPG has no further obligations under this stipulation. 4. If the cultural resource is determined to be a historic property, in consultation with the SHPO, the CRM shall prepare and send a notification package to the SHPO and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the SHPO’s concurrence on NRHP eligibility. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan in the Annual Report. B. Post review discovery of an effect not previously identified in project review and after project approval and initiation. 1. In the event effects to historic properties are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM shall ensure that all work ceases in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified historic properties within 48 hours of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate. 3. The CRM shall determine if the effect is adverse and notify the SHPO of the determination via phone within 72 hours of the discovery. If the SHPO concurs with a no adverse effect finding, USAG YPG has no further obligations under this stipulation. 4. If the effect is determined to be adverse, in consultation with the SHPO, the CRM shall prepare and send a notification package for the SHPO and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the discovery. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan in the Annual Report.

POST-REVIEW DISCOVERIES. This stipulation applies to any and all instances of post review discoveries, including: post review discovery of a cultural resource not previously identified in project review and after project approval and initiation; post review discovery of an effect not previously identified in project review and after project approval and initiation; or post review discovery of an effect willfully inflicted on identified historic property after project approval and initiation. In the event of a post review discovery, the CRM, under the authority of the ▇▇▇▇▇▇▇▇ Manager, can halt an undertaking until consultation under this PA has concluded. If the discovery is made as part of an ongoing contracting effort at YPG, the discovery must be reported immediately to the Contracting Officer, who has the authority to halt an undertaking. The Contracting Officer must notify the CRM within 24 hours. A. Post review discovery of a cultural resource not previously identified in project review and after project approval and initiation. 1. In the event cultural resource(s) are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM NPS shall ensure that all work ceases in construction documents include the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified cultural resource(s) within 48 hours of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate.following provisions: 3. The CRM shall determine if the cultural resource(s) is/are eligible to the NRHP and notify the SHPO of the determination via phone within 72 hours of the discovery. A. If the SHPO concurs on non-eligibility of the cultural resource, USAG YPG has no further obligations under this stipulation. 4. If the cultural resource is determined to be a historic property, in consultation with the SHPO, the CRM shall prepare and send a notification package to the SHPO and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified unidentified historic properties within the cease-work area, and the treatment plan to address effects within four days of the SHPO’s concurrence on NRHP eligibility. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan in the Annual Report. B. Post review discovery of an effect not previously identified in project review and after project approval and initiation. 1. In the event or unanticipated effects to historic properties are discovered in the implementation of a previously approved undertakingduring construction activities, the individual making contractor shall immediately halt all activity within a 100-foot radius of the discovery, notify the NPS of the discovery, and implement interim measures to protect the discovery shall notify from looting and vandalism. B. Immediately upon receipt of the CRM within 24 hoursnotification required in Stipulation VII.A of this document, the NPS shall: 1. Inspect the site to determine the extent of the discovery and ensure that construction activities have halted. 2. The CRM shall ensure that all work ceases in Clearly mark the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified historic properties within 48 hours area of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate. 3. The CRM shall determine if Implement additional measures, as appropriate, to protect the effect is adverse discovery from looting and notify the SHPO of the determination via phone within 72 hours of the discovery. If the SHPO concurs with a no adverse effect finding, USAG YPG has no further obligations under this stipulationvandalism. 4. If Have a qualified subject matter expert (archeologist, architect, etc. as appropriate) inspect the effect is determined construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment. 5. Depending on recommendations from the archeological and/or tribal monitor after discussion with NPS cultural resources personnel, for resources that could potentially be adverseeligible for the NRHP notify AZ SHPO. For new findings that are limited to new architectural features associated with the road, notification can be limited to ND SHPO. For any new findings of archeological or traditional cultural value that could be potentially eligible for the NRHP, notify AZ SHPO and tribes traditionally associated with THRO. Notification will include a description of the finding and the measures that have been implemented to comply with Stipulations VII.B.1-4 of this document. C. Within 48 hours of receipt of the notification described in Stipulation VII.B.5 of this document, the NPS shall provide the AZ SHPO and tribes traditionally associated with THRO with its assessment of the NRHP eligibility of the discovery and the measures it proposes to take to resolve adverse effects. In making its official evaluation, the NPS, in consultation with the SHPO, AZ SHPO and tribes may assume the CRM shall prepare and send a notification package discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR Part § 800.13(c). The AZ SHPO and Tribes including a summary tribes shall respond within 48 hours of receipt. D. The NPS, which shall take into account the undertaking consulting parties’ recommendations on eligibility and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the discovery, shall ensure that appropriate actions are carried out and provide the AZ SHPO and the other consulting parties with a report on these actions when they have been implemented. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan E. Construction activities may proceed in the Annual Reportdiscovery area when the NPS has determined that implementation of the actions undertaken to address the discovery pursuant to Stipulation VII.A-D are complete.

POST-REVIEW DISCOVERIES. This stipulation applies to any and all instances of post review discoveries, including: post review discovery of a cultural resource not previously identified in project review and after project approval and initiation; post review discovery of an effect not previously identified in project review and after project approval and initiation; or post review discovery of an effect willfully inflicted on identified historic property after project approval and initiation. In the event of a post review discovery, the CRM, under the authority of the ▇▇▇▇▇▇▇▇ Manager, can halt an undertaking until consultation under this PA has concluded. If the discovery is made as part of an ongoing contracting effort at YPG, the discovery must be reported immediately to the Contracting Officer, who has the authority to halt an undertaking. A. The Contracting Officer must notify the CRM within 24 hours. A. Post review discovery of a cultural resource not previously identified in project review and after project approval and initiation. 1. In the event cultural resource(s) are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM NPS shall ensure that all work ceases in construction documents include the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified cultural resource(s) within 48 hours of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate. 3. The CRM shall determine if the cultural resource(s) is/are eligible to the NRHP and notify the SHPO of the determination via phone within 72 hours of the discovery. If the SHPO concurs on non-eligibility of the cultural resource, USAG YPG has no further obligations under this stipulation. 4. If the cultural resource is determined to be a historic property, in consultation with the SHPO, the CRM shall prepare and send a notification package to the SHPO and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the SHPO’s concurrence on NRHP eligibility. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan in the Annual Report. B. Post review discovery of an effect not previously identified in project review and after project approval and initiation.following provisions: 1. In the event If previously unidentified historic properties or unanticipated effects to historic properties are discovered in the implementation of a previously approved undertakingduring project implementation, the individual making construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the discovery, notify the NPS of the discovery, and implement interim measures to protect the discovery shall notify the CRM within 24 hoursfrom looting and vandalism. 2. The CRM shall Immediately upon receipt of the notification required in Stipulation III.A.1 of this document, the NPS shall (a) inspect the Maid’s Cabins site to determine the extent of the discovery and ensure that all work ceases in construction activities have halted; (b) clearly mark the immediate vicinity area of the discovery; (within an approximate 20 meter radiusc) implement additional measures, as appropriate, to protect the newly identified historic properties within 48 hours discovery from looting and vandalism; and (d) have a professional archeologist inspect the construction site to determine the extent of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate.discovery and provide recommendations regarding its NRHP eligibility and treatment; and 3. The CRM shall determine if the effect is adverse and (e) notify the SHPO of the determination via phone within 72 discovery describing the measures that have been implemented to comply with Stipulations III.A.1 and A.2 of this document. 3. Within forty-eight (48) hours of receipt of the discovery. If notification described in Stipulation III.A.2 (e) of this document, the NPS shall provide the SHPO concurs with a no its assessment of the NRHP eligibility of the discovery and the measures it proposes to take to resolve potential adverse effect findingeffects. In making its official evaluation, USAG YPG has no further obligations under this stipulation. 4. If the effect is determined to be adverseNPS, in consultation with the SHPO, SHPO and other consulting parties may assume the CRM shall prepare and send a notification package discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR Part 800.13(c). The SHPO shall respond within forty-eight (48) hours of receipt. 4. The NPS, which shall take into account the SHPO’s recommendations on eligibility and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the discovery. a) The Tribes , shall ensure that appropriate actions are under no obligation to carried out and provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide with a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for commentsreport on these actions when they have been implemented. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan Construction activities may proceed in the Annual Reportarea of the discovery when the NPS has determined that implementation of the actions undertaken to address the discovery pursuant to Stipulation III.A are complete.

POST-REVIEW DISCOVERIES. This stipulation applies a. The Permittee shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated effects to any and historic properties are discovered during construction, the construction contractor shall immediately halt all instances activity within a one hundred (100) foot radius of post review discoveries, including: post review discovery of a cultural resource not previously identified in project review and after project approval and initiation; post review discovery of an effect not previously identified in project review and after project approval and initiation; or post review discovery of an effect willfully inflicted on identified historic property after project approval and initiation. In the event of a post review discovery, notify the CRM, under the authority [NAME of Applicant] of the ▇▇▇▇discovery and implement interim measures to protect the discovery from looting and vandalism. “ b. Immediately upon receipt of the notification required in the above Stipulation, the Permittee shall inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; and clearly ▇▇▇▇ Managerthe area of the discovery; and implement additional measures, can halt an undertaking until consultation under this PA has concluded. If the discovery is made as part of an ongoing contracting effort at YPGappropriate, the discovery must be reported immediately to the Contracting Officer, who has the authority to halt an undertaking. The Contracting Officer must notify the CRM within 24 hours. A. Post review discovery of a cultural resource not previously identified in project review and after project approval and initiation. 1. In the event cultural resource(s) are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM shall ensure that all work ceases in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified cultural resource(s) within 48 hours discovery from looting and vandalism; and have a professional archeologist inspect the construction site to determine the extent of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate. 3. The CRM shall determine if the cultural resource(s) is/are eligible to the discovery and provide recommendations regarding its NRHP eligibility and treatment; and notify the Corps, the SHPO and other consulting parties of the determination via phone within 72 hours discovery describing the measures that have been implemented to comply with this Stipulation. c. Upon receipt of the discovery. If information required in the above Stipulation, the Corps shall provide the Permittee, the SHPO concurs on non-and other consulting parties with its assessment of the NRHP eligibility of the cultural resourcediscovery and the measures proposed to resolve adverse effects. In making its evaluation, USAG YPG has no further obligations under this stipulation. 4. If the cultural resource is determined to be a historic propertyCorps, in consultation with the SHPO, may assume the CRM shall prepare and send a notification package discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). The Permittee, the SHPO and Tribes including a summary other consulting parties shall respond to the Corps’ assessment within forty-eight (48) hours of receipt. d. The Corps will take into account the SHPO and other consulting parties’ recommendations on eligibility and treatment of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the SHPO’s concurrence on NRHP eligibility. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration discovery and will notify the SHPO Permittee of any tribal concerns appropriate required actions. The Permittee must comply with the required actions and provide the USAG YPG response Corps and consulting parties with a report on the actions when implemented. Any actions that the Corps deems appropriate for the Permittee to those concernstake with regard to such discovery will automatically become additional stipulations to this Agreement and thereby will be incorporated in the permit and become conditions to the permit. If the Permittee fails to comply with such actions, such failure will constitute a breach of this Agreement and noncompliance with the permit. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan e. Construction activities may proceed in the Annual Report. B. Post review discovery of an effect not previously identified in project review and after project approval and initiation. 1. In the event effects to historic properties are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM shall ensure that all work ceases in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified historic properties within 48 hours area of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate , when the boundaries as appropriate. 3. The CRM shall determine if the effect is adverse and notify the SHPO Corps has determined that implementation of the determination via phone within 72 hours of the discovery. If the SHPO concurs with a no adverse effect finding, USAG YPG has no further obligations under this stipulation. 4. If the effect is determined to be adverse, in consultation with the SHPO, the CRM shall prepare and send a notification package for the SHPO and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan actions undertaken to address effects within four days of the discoverydiscovery pursuant to this Stipulation are complete. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan in the Annual Report.

POST-REVIEW DISCOVERIES. This stipulation applies a. Dominion shall ensure that the following provision is included in all construction contracts: “If previously unidentified historic properties or unanticipated adverse effects to any and all instances of post review discoveries, including: post review discovery of a cultural resource not previously identified in project review and after project approval and initiation; post review discovery of an effect not previously identified in project review and after project approval and initiation; or post review discovery of an effect willfully inflicted on identified historic property after project approval and initiation. In the event of a post review discoveryproperties are discovered during construction, the CRM, under the authority construction contractor shall immediately halt all activity within a one hundred (100) foot radius of the b. Immediately upon receipt of the ▇▇▇▇notification required in Stipulation VII(a) above, Dominion shall: 1. Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; 2. ▇▇▇▇ Managerclearly the area of the discovery; 3. Implement additional measures, can halt an undertaking until consultation under this PA has concluded. If the discovery is made as part of an ongoing contracting effort at YPGappropriate, the discovery must be reported immediately to the Contracting Officer, who has the authority to halt an undertaking. The Contracting Officer must notify the CRM within 24 hours. A. Post review discovery of a cultural resource not previously identified in project review and after project approval and initiation. 1. In the event cultural resource(s) are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM shall ensure that all work ceases in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified cultural resource(s) within 48 hours discovery from looting and vandalism; 4. Engage a professional archeologist to inspect the construction site to determine the extent of the discoverydiscovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. The cease-work area shall be marked with flags or visibility tape to clearly delineate Notify the boundaries as appropriate. 3. The CRM shall determine if the cultural resource(s) is/are eligible to the NRHP Corps and notify the SHPO of the determination via phone within 72 hours of discovery describing the discovery. If the SHPO concurs on non-eligibility of the cultural resource, USAG YPG has no further obligations under measures that have been implemented to comply with this stipulation. 4c. Upon receipt of the information required in the above stipulation, the Corps shall provide Dominion and the SHPO with its assessment of the NRHP eligibility of the discovery and the measures proposed to resolve adverse effects. If In making its evaluation, the cultural resource is determined to be a historic propertyCorps, in consultation with the SHPO, may assume the CRM shall prepare and send a notification package discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR § 800.13(c). Dominion, the SHPO and Tribes including a summary other consulting parties shall respond to the Corps’ assessment within forty-eight (48) hours of receipt. d. The Corps will take into account the SHPO recommendations on eligibility and treatment of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the SHPO’s concurrence on NRHP eligibility. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration discovery and will notify the SHPO Dominion of any tribal concerns appropriate required actions. Dominion must comply with the required actions and provide the USAG YPG response Corps and SHPO with a report on the actions when implemented. Any actions that the Corps deems appropriate for Dominion to those concernstake with regard to such discovery will automatically become additional stipulations to this MOA and thereby will be incorporated in the permit and become conditions to the permit. If Dominion fails to comply with such actions, such failure will constitute a breach of this MOA and noncompliance with the permit. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan e. Construction may proceed in the Annual Report. B. Post review area of the discovery of an effect not previously identified in project review and after project approval and initiation. 1. In when the event effects to historic properties are discovered in the Corps has determined that implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM shall ensure that all work ceases in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified historic properties within 48 hours of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate. 3. The CRM shall determine if the effect is adverse and notify the SHPO of the determination via phone within 72 hours of the discovery. If the SHPO concurs with a no adverse effect finding, USAG YPG has no further obligations under this stipulation. 4. If the effect is determined to be adverse, in consultation with the SHPO, the CRM shall prepare and send a notification package for the SHPO and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the discovery. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan in the Annual Report.actions

POST-REVIEW DISCOVERIES. This stipulation applies The NASA WFF HPO shall ensure that all construction contractors involved in ground disturbing activities are aware of the provisions in Stipulations IV of this Agreement. A. If previously unidentified historic properties or unanticipated effects to any and historic properties are discovered during construction, the construction contractor shall immediately halt all instances activity within a one hundred (100) foot radius of post review discoveries, including: post review discovery of a cultural resource not previously identified in project review and after project approval and initiation; post review discovery of an effect not previously identified in project review and after project approval and initiation; or post review discovery of an effect willfully inflicted on identified historic property after project approval and initiation. In the event of a post review discovery, notify the CRM, under the authority NASA WFF HPO of the ▇▇▇▇discovery, and implement interim measures to protect the discovery from looting and vandalism. B. Immediately upon receipt of the notification required in Stipulation XII.A, the NASA WFF HPO shall: 1. Inspect the construction site to determine the extent of the discovery and ensure that construction activities have halted; 2. Clearly ▇▇▇▇ Managerthe area of discovery; 3. Implement additional measures, can halt an undertaking until consultation under this PA has concluded. If the discovery is made as part of an ongoing contracting effort at YPGappropriate, the discovery must be reported immediately to the Contracting Officer, who has the authority to halt an undertaking. The Contracting Officer must notify the CRM within 24 hours. A. Post review discovery of a cultural resource not previously identified in project review and after project approval and initiation. 1. In the event cultural resource(s) are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM shall ensure that all work ceases in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified cultural resource(sdiscovery from looting and vandalism; 4. Have a professional archaeologist inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment; and 5. Notify the SHPO and other consulting parties, as appropriate, of the discovery describing the measures that have been implemented. C. Within forty-eight (48) within 48 hours of receipt of the discovery. The cease-work area notification described in Stipulation XII.B.5 the NASA WFF HPO shall be marked with flags or visibility tape to clearly delineate provide the boundaries SHPO and other consulting parties, as appropriate. 3. The CRM shall determine if the cultural resource(s) is/are eligible to , with its assessment of the NRHP and notify the SHPO of the determination via phone within 72 hours of the discovery. If the SHPO concurs on non-eligibility of the cultural resourcediscovery and the measures it proposes to take to resolve adverse effects. In making its official evaluation, USAG YPG has no further obligations under this stipulation. 4. If the cultural resource is determined to be a historic propertyNASA WFF HPO, in consultation with the SHPO, may assume the CRM discovery to be NRHP eligible for the purposes of Section 106 pursuant to 36 CFR 800.13(c). The NASA WFF HPO, SHPO, and other consulting parties, as appropriate, shall prepare respond within forty-eight (48) hours of receipt. D. The NASA WFF HPO shall take into account SHPO recommendations on eligibility and send a notification package to treatment of the discovery, shall ensure that appropriate actions are carried out, and provide the SHPO and Tribes including other consulting parties, as appropriate, with a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the SHPO’s concurrence report on NRHP eligibilitythese actions when they have been implemented. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan E. Construction activities may proceed in the Annual Report. B. Post review discovery of an effect not previously identified in project review and after project approval and initiation. 1. In the event effects to historic properties are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM shall ensure that all work ceases in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified historic properties within 48 hours area of the discovery. The cease-work area shall be marked with flags or visibility tape , when the NASA WFF HPO has determined that implementation of the actions undertaken to clearly delineate address the boundaries as appropriatediscovery pursuant to Stipulation XII.B are complete. 3. The CRM shall determine if F. Any disputes over the effect is adverse and notify the SHPO evaluation or treatment of the determination via phone within 72 hours previously unidentified resources will be resolved in accordance with Stipulation XIV of the discovery. If the SHPO concurs with a no adverse effect finding, USAG YPG has no further obligations under this stipulationAgreement. 4. If the effect is determined to be adverse, in consultation with the SHPO, the CRM shall prepare and send a notification package for the SHPO and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the discovery. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan in the Annual Report.

POST-REVIEW DISCOVERIES. This stipulation applies The NPS shall ensure that all construction documents include the following provisions: A. If previously unidentified historic properties or unanticipated effects to any historic properties are discovered during construction activities, the contractor shall immediately halt all activity within a 100-foot radius of the discovery, notify the NPS of the discovery, and all instances implement interim measures to protect the finding(s) in place. B. Immediately upon receipt of post review discoveriesthe notification required in Stipulation V.A of this document, including: post review the NPS shall: 1. Inspect the site to determine the extent of the discovery and ensure that construction activities have halted. 2. Clearly mark the area of the discovery. 3. Implement additional measures, as appropriate, to protect the discovery from looting and vandalism. 4. Have a qualified subject matter expert (archeologist, historian, historic landscape architect, historic architect, etc., as appropriate) inspect the construction site to determine the extent of the discovery and provide recommendations regarding its NRHP eligibility and treatment. 5. Depending on recommendations from the qualified subject matter expert after discussion with NPS cultural resource not previously identified resources personnel, for resources that could potentially be eligible for the NRHP the NPS will notify AZ SHPO and tribes and traditionally associated with SAGU. Notification will include a description of the finding and the measures that have been implemented to comply with Stipulations V.B.1-4 of this document. C. Within 48 hours of receipt of the notification described in project review Stipulation V.B.5 of this document, the NPS shall provide the UT SHPO and after project approval tribes traditionally associated with CARE with its assessment of the NRHP eligibility of the discovery and initiation; post review discovery of an effect not previously identified in project review and after project approval and initiation; or post review discovery of an effect willfully inflicted on identified historic property after project approval and initiationthe measures it proposes to take to resolve adverse effects. In making its official evaluation, the event NPS, in consultation with the UT SHPO and tribes may assume the discovery to be NRHP eligible for the purposes of a post review Section 106 pursuant to 36 CFR § 800.13(c). The UT SHPO and tribes shall respond within 48 hours of receipt. D. The NPS, which shall take into account the consulting parties’ recommendations on eligibility and treatment of the discovery, shall ensure that appropriate actions are carried out and provide the CRM, under UT SHPO and the authority other consulting parties with a report on these actions when they have been implemented. E. Construction activities may only proceed after NPS has determined that implementation of any actions necessary to address the discovery pursuant to Stipulation V.A-D have been completed. F. The NPS will comply with the requirements of the ▇▇Native American ▇▇▇▇▇▇ ManagerProtection and Repatriation Act (NAGPRA, can halt an undertaking until consultation under this PA has concluded. If the discovery is made as part of an ongoing contracting effort at YPG, the discovery must be reported immediately 1990) and adhere to the Contracting Officer, who has the authority to halt an undertaking. The Contracting Officer must notify the CRM within 24 hours. A. Post review discovery of a cultural resource not previously identified in project review and after project approval and initiation. 1. In the event cultural resource(s) are discovered principles outlined in the implementation of a previously approved undertakingACHP’s Policy Statement on Burial Sites, the individual making the discovery shall notify the CRM within 24 hours. 2Human Remains, and Funerary Objects, dated March 1, 2023. The CRM shall ensure that all work ceases No human remains or NAGPRA cultural items are known to exist in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified cultural resource(s) within 48 hours of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate. 3. The CRM shall determine if the cultural resource(s) is/are eligible to the NRHP and notify the SHPO of the determination via phone within 72 hours of the discovery. If the SHPO concurs on non-eligibility of the cultural resource, USAG YPG has no further obligations under this stipulation. 4. If the cultural resource is determined to be a historic property, in consultation with the SHPO, the CRM shall prepare and send a notification package to the SHPO and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the SHPO’s concurrence on NRHP eligibility. a) The Tribes are under no obligation to provide comments on the post review discoveryAPE; however, if they wish USAG YPG to consider their comments, Tribes should submit comments any such encounters would be treated in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan in the Annual Report. B. Post review discovery of an effect not previously identified in project review and after project approval and initiation. 1. In the event effects to historic properties are discovered in the implementation of a previously approved undertaking, the individual making the discovery shall notify the CRM within 24 hours. 2. The CRM shall ensure that all work ceases in the immediate vicinity (within an approximate 20 meter radius) to protect the newly identified historic properties within 48 hours of the discovery. The cease-work area shall be marked with flags or visibility tape to clearly delineate the boundaries as appropriate. 3. The CRM shall determine if the effect is adverse and notify the SHPO of the determination via phone within 72 hours of the discovery. If the SHPO concurs accordance with a no adverse effect findingNAGPRA Plan of Action as developed among the NPS and Tribes, USAG YPG has no further obligations under this stipulationas necessary. 4. If the effect is determined to be adverse, in consultation with the SHPO, the CRM shall prepare and send a notification package for the SHPO and Tribes including a summary of the undertaking and how it was previously reviewed under this PA, an illustration of the cease-work area, a list of identified historic properties within the cease-work area, and the treatment plan to address effects within four days of the discovery. a) The Tribes are under no obligation to provide comments on the post review discovery; however, if they wish USAG YPG to consider their comments, Tribes should submit comments in writing within two days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Tribes for comments. USAG YPG shall take any tribal comments received into consideration and will notify the SHPO of any tribal concerns and the USAG YPG response to those concerns. b) The SHPO shall provide a response to USAG YPG regarding the post review discovery within two days of receipt of all pertinent documentation. If no comments are received within that time, the CRM shall make a second attempt to contact the SHPO for comments. 5. USAG YPG shall include an after action report regarding the post review discovery treatment plan in the Annual Report.