Common use of Post-Review Discovery Clauses Clause in Contracts

Post-Review Discovery Clauses. If the Lessee, while conducting geotechnical exploration or any other bottom-disturbing site characterization activities in support of plan (i.e., SAP and COP) submittal and after review of the location by a Qualified Marine Archaeologist under 4.2.4, discovers an unanticipated potential archaeological resource, such as the presence of a shipwreck (e.g., a sonar image or visual confirmation of an iron, steel, or wooden hull, wooden timbers, anchors, concentrations of historic objects, piles of ballast rock) or evidence of a pre-contact archaeological site (e.g. stone tools, pottery or other pre-contact artifacts) within the project area, the Lessee must: 5.3.7.1 Immediately halt seafloor/bottom-disturbing activities within the area of discovery; 5.3.7.2 Notify the Lessor within 24 hours of discovery; 5.3.7.3 Notify the Lessor in writing via report to the Lessor within 72 hours of its discovery; 5.3.7.4 Keep the location of the discovery confidential and take no action that may adversely impact the archaeological resource until the Lessor has made an evaluation and instructs the applicant on how to proceed; and 5.3.7.5 If (1) the site has been impacted by the Lessee’s project activities; or (2) impacts to the site or to the area of potential effect cannot be avoided, conduct additional investigations, as directed by the Lessor, to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). If investigations indicate that the resource is potentially eligible for listing in the National Register of Historic Places, the Lessor will inform the Lessee how to protect the resource or how to mitigate adverse effects to the site. If the Lessor incurs costs in protecting the resource, then, under Section 110(g) of the National Historic Preservation Act, the Lessor may charge the Lessee reasonable costs for carrying out preservation responsibilities under the OCS Lands Act (30 CFR 585.802(c-d)).

Post-Review Discovery Clauses. If the Lessee, while conducting geotechnical exploration or any other bottom-disturbing site characterization activities in support of plan (i.e., SAP and COP) submittal and after review of the location by a Qualified Marine Archaeologist under 4.2.4submittal, discovers an unanticipated a potential archaeological resource, such as the presence of a shipwreck (e.g., a sonar image or visual confirmation of an iron, steel, or wooden hull, wooden timbers, anchors, concentrations of historic objects, piles of ballast rock) or evidence of a pre-contact archaeological site (e.g. e.g., stone tools, pottery or other pre-contact artifactspottery) within the project area, the Lessee must: 5.3.7.1 4.3.7.1 Immediately halt seafloor/bottom-disturbing activities within the area of discovery; 5.3.7.2 4.3.7.2 Notify the Lessor within 24 hours of discovery; 5.3.7.3 4.3.7.3 Notify the Lessor in writing via report to the Lessor within 72 hours of its discovery; 5.3.7.4 4.3.7.4 Keep the location of the discovery confidential and take no action that may adversely impact affect the archaeological resource until the Lessor has made conducts an evaluation and instructs the applicant on how to proceed; and 5.3.7.5 If 4.3.7.5 Conduct any additional investigations as directed by the Lessor to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). The Lessor will direct the Lessee to conduct such investigations if: (1) the site has been impacted by the Lessee’s project activities; or (2) impacts to the site or to the area of potential effect cannot be avoided, conduct additional investigations, as directed by the Lessor, to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). If investigations indicate that the resource is potentially eligible for listing in the National Register of Historic Places, the Lessor will inform tell the Lessee how to protect the resource or how to mitigate adverse effects to the site. If the Lessor incurs costs in protecting the resource, then, under Section 110(g) of the National Historic Preservation Act, the Lessor may charge the Lessee reasonable costs for carrying out preservation responsibilities under the OCS Lands Act (30 CFR 585.802(c-d)).

Post-Review Discovery Clauses. If the Lessee, while conducting geotechnical exploration or any other bottom-disturbing site characterization activities in support of plan (i.e., SAP and and/or COP) submittal and after review of the location by a Qualified Marine Archaeologist under 4.2.4submittal, discovers an unanticipated a potential archaeological resource, resource such as the presence of a shipwreck (e.g., a sonar image or visual confirmation of an iron, steel, or wooden hull, wooden timbers, anchors, concentrations of historic objects, piles of ballast rock) or evidence of a pre-contact archaeological site (e.g. stone tools), pottery or other pre-contact prehistoric artifacts) , and/or relict landforms, etc. within the project area, the Lessee must:must:‌ 5.3.7.1 4.2.7.1 Immediately halt seafloor/bottom-disturbing activities within the area of discovery; 5.3.7.2 4.2.7.2 Notify the Lessor within 24 hours of discovery; 5.3.7.3 4.2.7.3 Notify the Lessor in writing via report to the Lessor within 72 hours of its discovery; 5.3.7.4 4.2.7.4 Keep the location of the discovery confidential and take no action that may adversely impact affect the archaeological resource until the Lessor has made an evaluation and instructs the applicant on how to proceed; and 5.3.7.5 If 4.2.7.5 Conduct any additional investigations as directed by the Lessor to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). The Lessor will do this if: (1) the site has been impacted by the Lessee’s project activities; or (2) impacts to the site or to the area of potential effect cannot be avoided, conduct additional investigations, as directed by the Lessor, to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). If investigations indicate that the resource is potentially eligible for listing in the National Register of Historic Places, the Lessor will inform tell the Lessee how to protect the resource or how to mitigate adverse effects to the site. If the Lessor incurs costs in protecting the resource, then, under Section 110(g) of the National Historic Preservation Act, the Lessor may charge the Lessee reasonable costs for carrying out preservation responsibilities under the OCS Lands Act (30 CFR 585.802(c-d)).

Post-Review Discovery Clauses. If the Lessee, while conducting geotechnical exploration or any other bottom-disturbing site characterization activities in support of plan (i.e., SAP and COP) submittal and after review of the location by a Qualified Marine Archaeologist under 4.2.45.4.5, discovers an unanticipated potential archaeological resource, such as the presence of a shipwreck (e.g., a sonar image or visual confirmation of an iron, steel, or wooden hull, wooden timbers, anchors, concentrations of historic objects, piles of ballast rock) or evidence of a pre-contact archaeological site (e.g. e.g., stone tools, pottery pottery, or other pre-contact artifacts) within the project area, the Lessee must: 5.3.7.1 5.4.7.1 Immediately halt seafloor/bottom-disturbing activities within the area of discoverydiscovery by a minimum of 50 meters (164 feet), and the avoidance distance must be calculated from the maximum discernible extent of the archaeological resource; 5.3.7.2 5.4.7.2 Notify the Lessor within 24 hours of discovery;. If the unanticipated discovery is believed to represent a pre-contact archaeological resource, the Lessee will also refer to the NATCP (3.1.2.1) for additional guidance;‌ 5.3.7.3 5.4.7.3 Notify the Lessor in writing via report to the Lessor within 72 hours of its discovery; 5.3.7.4 5.4.7.4 Keep the location of the discovery confidential and take no action that may adversely impact the archaeological resource until the Lessor has made an evaluation and instructs the applicant on how to proceed; and 5.3.7.5 If 5.4.7.5 Conduct additional investigations, as directed by the Lessor, to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). The Lessor will direct the Lessee to conduct such investigations if (1) the site has been impacted by the Lessee’s project activities; or (2) impacts to the site or to the area of potential effect cannot be avoided, conduct additional investigations, as directed by the Lessor, to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). If investigations indicate that the resource is potentially eligible for listing in the National Register of Historic Places, the Lessor will inform the Lessee how to protect the resource or how to mitigate adverse effects to the site. If the Lessor incurs costs in protecting the resource, then, under Section 110(g) of the National Historic Preservation Act, the Lessor may charge the Lessee reasonable costs for carrying out preservation responsibilities under the OCS Lands Act (30 CFR 585.802(c-d)).

Post-Review Discovery Clauses. If the Lessee, while conducting geotechnical exploration or any other bottom-disturbing site characterization activities in support of plan submittal (i.e.e.g. geotechnical exploration, SAP and COPanchoring) submittal and after review site characterization activities in support of the location by a Qualified Marine Archaeologist under 4.2.4plan submittal, discovers an unanticipated potential archaeological resource, such as the presence of a shipwreck (e.g., a sonar image or visual confirmation of an iron, steel, or wooden hull, wooden timbers, anchors, concentrations of historic objects, piles of ballast rock) ), or evidence of a pre-contact archaeological site (e.g. e.g., stone tools, pottery or other pre-contact artifactspottery) within the project area, the Lessee must: 5.3.7.1 5.3.6.1 Immediately halt seafloor/bottom-disturbing activities within the area of discovery; 5.3.7.2 5.3.6.2 Notify the Lessor within 24 hours of discovery; 5.3.7.3 5.3.6.3 Notify the Lessor in writing via report to the Lessor within 72 hours of its discovery; 5.3.7.4 5.3.6.4 Keep the location of the discovery confidential and take no action that may adversely impact affect the archaeological resource until the Lessor has made conducts an evaluation and instructs the applicant on how to proceed; and 5.3.7.5 If 5.3.6.5 Conduct any additional investigations as directed by the Lessor to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). The Lessor will direct the Lessee to conduct such investigations if: (1) the site has been impacted by the Lessee’s project activities; or (2) impacts to the site or to the area of potential effect cannot be avoided, conduct additional investigations, as directed by the Lessor, to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). If investigations indicate that the resource is potentially eligible for listing in the National Register of Historic Places, the Lessor will inform tell the Lessee how to protect the resource or how to mitigate adverse effects to the site. If the Lessor incurs costs in protecting the resource, then, under Section 110(g) of the National Historic Preservation Act, the Lessor may charge the Lessee reasonable costs for carrying out preservation responsibilities under the OCS Lands Act (30 CFR 585.802(c-d)).

Post-Review Discovery Clauses. If the Lessee, while conducting geotechnical exploration or any other bottom-disturbing site characterization activities and/or deployment of meteorological and/or oceanographic buoy(s) in support of plan (i.e., SAP and and/or COP) submittal submittal, and after review of the location by a Qualified Marine Archaeologist under 4.2.4Section 5.3.5 of the lease, discovers an unanticipated potential archaeological resource, such as the presence of a shipwreck (e.g., a sonar image or visual confirmation of an iron, steel, or wooden hull, wooden timbers, anchors, concentrations of historic objects, piles of ballast rock) or evidence of a pre-contact archaeological site (e.g. e.g., stone tools, pottery or other pre-contact artifacts) within the project area, the Lessee must: 5.3.7.1 Immediately halt seafloor/bottom-disturbing activities within the area of discovery; 5.3.7.2 Notify the Lessor BOEM and NSEE (TIMSWeb and notification email to env-compliance- ▇▇▇@▇▇▇▇.▇▇▇) within 24 24-hours of discovery; 5.3.7.3 Notify the Lessor BOEM and BSEE in writing via report to the Lessor BOEM and BSEE (TIMSWeb and notification email to ▇▇▇-▇▇▇▇▇▇▇▇▇▇-▇▇▇@▇▇▇▇.▇▇▇) within 72 hours of its discovery;discovery;‌ 5.3.7.4 Keep the location of the discovery confidential and take no action that may adversely impact the archaeological resource until the Lessor has made an evaluation and instructs the applicant on how to proceed; and 5.3.7.5 If (1) the site has been impacted by the Lessee’s project activities; or (2) impacts to the site or to the area of potential effect cannot be avoided, conduct additional investigations, as directed by the Lessor, to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). If investigations indicate that the resource is potentially eligible for listing in the National Register of Historic Places, the Lessor will inform the Lessee how to protect the resource or how to mitigate adverse effects to the site. If the Lessor incurs costs in protecting the resource, then, under Section 110(g) of the National Historic Preservation ActNHPA, the Lessor may charge the Lessee reasonable costs for carrying out preservation responsibilities under the OCS Lands Act (30 CFR 585.802(c-d)).d)).‌

Post-Review Discovery Clauses. If the Lessee, while conducting geotechnical exploration or any other bottom-disturbing site characterization activities in support of plan (i.e., SAP and and/or COP) submittal and after review of the location submittal, discovers a potential archaeological resource, as determined by a Qualified Marine Archaeologist under 4.2.4, discovers an unanticipated potential archaeological resource, – such as the presence of a shipwreck (e.g., a sonar image or visual confirmation of an iron, steel, or wooden hull, wooden timbers, anchors, concentrations of historic objects, piles of ballast rock) or evidence of a pre-contact archaeological site (e.g. stone tools), pottery or other pre-contact prehistoric artifacts) , and/or relict landforms, etc. within the project area, the Lessee must:must:‌ 5.3.7.1 4.2.7.1 Immediately halt seafloor/bottom-disturbing activities within the area of discovery; 5.3.7.2 4.2.7.2 Notify the Lessor within 24 hours of discovery; 5.3.7.3 4.2.7.3 Notify the Lessor in writing via report to the Lessor within 72 hours of its discovery; 5.3.7.4 4.2.7.4 Keep the location of the discovery confidential and take no action that may adversely impact affect the archaeological resource until the Lessor has made an evaluation and instructs the applicant on how to proceed; andand‌ 5.3.7.5 If 4.2.7.5 Conduct any additional investigations as directed by the Lessor to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). The Lessor will do this if: (1) the site has been impacted by the Lessee’s project activities; or (2) impacts to the site or to the area of potential effect cannot be avoided, conduct additional investigations, as directed by the Lessor, to determine if the resource is eligible for listing in the National Register of Historic Places (30 CFR 585.802(b)). If investigations indicate that the resource is potentially eligible for listing in the National Register of Historic Places, the Lessor will inform tell the Lessee how to protect the resource or how to mitigate adverse effects to the site. If the Lessor incurs costs in protecting the resource, then, under Section 110(g) of the National Historic Preservation Act, the Lessor may charge the Lessee reasonable costs for carrying out preservation responsibilities under the OCS Lands Act (30 CFR 585.802(c-d)).