show sidebar & content

Appendix C Of The Section 106 Delegation Programmatic Agreement

08 Apr 2021 /

3. Dispute resolution. If there is a disagreement over the identification or authorization of a property and the applicant or the SHPO/THPO may still disagree after attempting to resolve the problem in good faith, the applicant or the SHPO/THPO may refer the matter to the Board. The Commission treats these observations in accordance with 36 CFR 800.4 (c) (2). All companies linked to the system that may affect cultural resources are properly documented and implemented in accordance with existing policies; Guidelines and standards as described in Stipulation I. Documentation formats include the standards set out in the guidelines published by the Advisory Committee (cf. B “Preparing Agreement Documents”), the NPS form “Assessing Measures Affecting Cultural Resources,” programmatic agreements and, where appropriate, NEPA documentation, which address cultural resource issues with information consistent with the requirements of 36 CFR Part 800. Parks complement staff expertise with technical advice and services provided by CRM specialists in SSOs, Denver Service Centre, Conservation Centres and other CRM specialists inside and outside the NPS for advice and technical services involved in 106 documentations and consultations. The Superintendent will be the agency`s appropriate 106-purpose official, who will ensure the implementation of this agreement and 36 CFR Part 800 procedures and will sign correspondence with the SHPOs and the Advisory Committee and documentation of programmatic exclusions.

Any signatory to this modified father may terminate this by a written notification of thirty (30) days to the other parties, provided that the parties consult during the period prior to termination in order to reach agreement on amendments or other measures that would prevent termination. In the event of termination, the FHWA conducts an individual project review in accordance with 36 CFR Part 800. Any project that has the potential to influence cultural resources requires compliance with Section 106 and its execution procedures, 36 CFR Part 800. To facilitate the compliance process by expediting the review of certain common activities (programmatic exclusions), the National Park Service negotiated a programming agreement with the National Conference of National Historic Preservation Officers (NCSHPO) and the Advisory Council on Historic Preservation (ACHP). When human remains, tombs or artifacts associated with the tomb are found during archaeological investigations carried out as part of this modified Palestinian Authority or during the construction of the project, all work in the area of the meeting will be stopped and PennDOT will ensure that the remains, tombs or artifacts contained are saved and protected. Penndot immediately notified the FHWA. FHWA and/or PennDOT simultaneously warns the SHPO and all tribes recognized by the Confederation that may give the property concerned religious or cultural significance. For tribes and nations that have signed an individual Memorandum of Understanding with FHWA, the provisions of this agreement are respected.

If a historical funeral or cemeteries are found, pennDOT procedure will comply with 9 Pa.C.S. No. 101 and following PennDOT will also take into account the guidelines of the National Register Bulletin 41, guidelines for the assessment and registration of cemeteries and graves, and the Pennsylvania Historical and Museum Commission (PHMC) Policy for the Treatment of Burials and Human Remains (1993). For human remains discovered or potentially affected on land, PennDOT will notify the federal soil management authority. No activity is carried out to disturb or damage the remains, graves or artifacts associated with burials until the FHWA, in consultation with the other appropriate parties, has established an appropriate procedure. If Indian graves are discovered under this provision, the FHWA will consult with the tribe or corresponding nation to determine an appropriate approach.