EP 1130-2-540
15 Nov 96
(k) real estate interest needed to conduct the historic preservation activities.
(3) The Historic Properties FDM, if required, must be initiated as soon as the need for it
is recognized. The FDM may form the basis for negotiation of the initial, or renegotiation of any
prior, Memorandum of Agreement (MOA) with the SHPO and ACHP pursuant to 36 CFR Part
800. The FDM will be prepared and approved by the District Commander. When approved, it
may be submitted to the SHPO, ACHP, or other interested persons for information purposes or
compliance with 36 CFR Part 800. Upon approval of the FDM, the District Commander should
implement its provisions so as to avoid conflicts between design, construction, real estate, historic
preservation, and other project needs and commitments.
(4) If a FDM for historic properties is not required, upon the availability of Construction,
General funding the District Commander should informally assess the status of and necessity for
implementing, resuming, or altering previous coordination or agreements with the SHPO, ACHP,
and other interested persons pursuant to the NHPA and the compliance process specified in 36
CFR Part 800. The District Commander should immediately initiate whatever remedial steps may
be required by the vagaries of the particular project to ascertain full compliance with the NHPA
and 36 CFR Part 800. When it is determined that full compliance has been effected, the District
Commander should implement the mitigation plan.
(5) Responsibility for implementing mitigation plans for historic properties during the
construction period in accordance with the FDM and MOA will rest primarily with the Planning
element. However, it is the responsibility of Engineering, Construction, Real Estate, and other
elements to coordinate with and inform the Planning element of changes in project design and
construction, real estate requirements, etc., which may affect historic properties. There may be a
need to develop within the district office a formal plan or operating procedure specifying the
manner in which historic property mitigation and site preservation will interface with other
construction period activities. If such a plan or protocol is determined to be necessary, the
District Commander should determine the necessary mechanisms, participating organizational
elements, specific element responsibilities, and other necessary details, and determine an
appropriate form of documenting such agreements and responsibilities (e,g., formal plan,
operating procedure, protocol, intra office memo, etc.).
(6) If individual historic properties require long term maintenance, restoration, or
preservation of a specialized nature (i.e., historic buildings, interpretive facilities for historic
properties, etc.) a supplemental FDM or letter report should be prepared for the district
commander's approval which will include a schedule of necessary maintenance, restoration, or
preservation activities.
d. Properties Discovered During an Undertaking.
(1) When a previously unrecorded cultural resource is discovered in the course of
construction or while implementing other undertakings, including routine operation and
maintenance, the contracting officer or other appropriate official shall, to the maximum extent
practicable in the discretionary judgement of the contracting officer, require that any work in the
immediate vicinity be halted until the situation is properly evaluated. Every reasonable and
prudent effort should be made to avoid or minimize harm to the resource until it is professionally
evaluated and the effects on it determined. If the property is determined to be significant,
compliance with 36 CFR Part 800.11 must be initiated.
6-11
Previous Page
