STATE LEVEL AGREEMENT BETWEEN THE USDA NATURAL RESOURCES CONSERVATION SERVICE, CARIBBEAN AREA OFFICE AND THE PUERTO RICO STATE HISTORIC PRESERVATION OFFICE REGARDING NATURAL RESOURCES CONSERVATION ASSISTANCE ACTIVITIES ON PRIVATE AND PUBLIC LANDS
WHEREAS, the United States Department of Agriculture, Natural Resources Conservation Service (NRCS)1 has entered into an agreement titled Programmatic Agreement Among the USDA Soil Conservation Service, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers Regarding Soil and Water Conservation Assistance Activities on Private and Public Lands (dated August 26, 1994) and the Amendment to the Programmatic Agreement Among the USDA Natural Resources Conservation Service, Advisory Council on Historic Preservation, and National Conference of State Historic Preservation Officers (dated August 11, 2000) hereinafter referred to as the National Agreement as amended; and
WHEREAS, the National Agreement as amended (Attachment 1) allows NRCS to comply programmatically with its obligations under the National Historic Preservation Act (NHPA)(16 U.S.C. 470f) and requires NRCS to follow its policies and procedures for protecting cultural resources issued in the NRCS General Manual (GM) 420, Part 401 Cultural Resources (Archeological and Historic Properties) (Attachment 2); and
WHEREAS, the Puerto Rico State Historic Preservation Officer (hereinafter referred to as SHPO) is appointed by the Governor to administer the programs of the National Historic Preservation Act for the Commonwealth of Puerto Rico and is charged with assisting federal agencies through maintenance and sharing of cultural resource inventory information and with preparation of a comprehensive statewide historic preservation plan; and
WHEREAS, Stipulation IV of the National Agreement and NRCS General Manual 420 Part 401.33 require each state NRCS office and its counterpart State Historic Preservation Office to develop a state level agreement (SLA) in order to further expedite the compliance process, speed delivery of conservation, and protect cultural resources; and
WHEREAS, the Director for the NRCS in Puerto Rico (Caribbean Area NRCS Office) has consulted with the Puerto Rico SHPO pursuant to Stipulation 4 of the National Agreement; and
WHEREAS, the definitions given in NRCS GM 420 Part 401.2 are applicable throughout this state level agreement;
NOW THEREFORE, the Caribbean Area NRCS Office and the Puerto Rico SHPO agree to the following stipulations and will ensure that the following measures are implemented: STIPULATIONS
1The NRCS was formerly known as the Soil Conservation Service. 1. Use of NRCS Personnel: Caribbean Area NRCS State and Field Office Personnel who have satisfactorily completed the National Cultural Resources Training Program are considered qualified to perform cultural resources reviews and field inspections for all undertakings provided that each undertaking is limited to lands owned, controlled, or managed by three or fewer cooperators, and the Field Office personnel have determined that no extenuating circumstances exists, such as particularly dense, unusual, or deeply buried cultural resources within the proposed Area of Potential Effect (APE). If the conditions just described do not apply, then a cultural resources specialist (CRS) will provide onsite assistance. All evaluations for determinations of eligibility to the National Register of Historical Places (NRHP) will be performed by a CRS.
2. Definition of Undertaking: The Caribbean Area NRCS State Office and the Puerto Rico SHPO will use the classification system established in Attachment 3 in accordance with 36 CFR Section 800.3(a) dated December 2000, when determining whether a particular undertaking being planned under any Caribbean Area NRCS program qualifies as a type of activity that has the potential to cause effects on historic properties. Practices listed under Category 1 will be considered the types of undertakings that have the potential to cause effects on historic properties. Practices listed under Category 2 will be considered the types of undertakings that have the potential to cause effects on historic properties only when the installation of the practice exceeds the depth, extent, or kind of previous cultivation, and when the land has not been previously cultivated, and the installation of the practice will result in ground disturbance. Practices listed under Category 3 will be considered the types of undertakings that do not have the potential to cause effects on historic properties and NRCS will have no further obligation under this part of Section 106; as per 36 CFR 800.3(a)(1) dated December 2000. Practices and activities not covered by this document will be presumed to have the potential to cause effects on cultural resources until an amendment has been made to this document that places them on the appropriate list.
3. Human Remains: It is the policy of the Puerto Rico SHPO and the NRCS that all human remains shall be treated with the utmost dignity and respect and should preferably not be disturbed. If human remains are discovered in the area of potential effects during planning or implementation of a conservation practice, all activities deemed likely to damage the remains will cease and the following steps will be taken: a. Puerto Rico State Police will be contacted by Caribbean Area NRCS personnel to determine whether the remains are part of an ongoing investigation; b. The Puerto Rico SHPO will be notified of the discovery; c. A CRS will be retained by the Caribbean Area NRCS State Office to determine ethnicity of the remains and approximate age, sex and other pertinent information; d. If the remains are not part of an ongoing police investigation by the Puerto Rico State Police, the Caribbean Area NRCS Office will consult with the Puerto Rico SHPO in the development of an appropriate plan for treating the discovery. The plan should consider, but will not necessarily be limited to, the following: human remains that form part of a larger archaeological site should be treated under the management plan of the site; isolated burials should be documented and, if possible, left undisturbed and buried; if human remains have to be removed, appropriate archeological techniques shall be used and the disposition of such remains shall be consulted among the parties involved. Any plan developed under this stipulation shall follow the Advisory Council's policy guidelines for the treatment of human remains. 2 e. Caribbean Area NRCS Field Office personnel and the contractor will take appropriate measures, such as erecting protective fences or barriers, to prevent accidental disturbance of the site, and to protect the discovered remains until the plan for treating the remains is completed. f. Planning and construction activities at the site can recommence only after Caribbean Area NRCS State Office Staff and the Puerto Rico SHPO agree that the plan for treating the remains has been properly implemented.
4. Curation Arrangements: The Caribbean Area NRCS State Office shall ensure that all materials and records resulting from cultural resources surveys or data recovery activities on federally owned property are curated in accordance with 36 CFR Part 79.
The Caribbean Area NRCS State Office shall also ensure that all records and all materials resulting from the cultural resources surveys or data recovery activities on private property are curated in accordance with 36 CFR Part 79. It is understood that materials and records resulting from cultural resources surveys or data recovery activities on private land remain the property of the Commonwealth of Puerto Rico (per State Law 112 of July 1988, as amended).
5. The Caribbean Area NRCS State Office agrees to use the maps and site files at the Puerto Rico SHPO. NRCS will identify a limited group of their personnel who will be allowed to consult the maps, reports, and site files at the SHPO to review NRCS projects to identify any recorded sites in relation to the project APE. The State and Field Engineers, Watershed Planners, District Conservationists, Cultural Resources Coordinator, Cultural Resources Specialist, Engineering Technicians, Soil Scientists, and State Resource Conservationist are the positions that will be allowed to consult Puerto Rico SHPO maps and files. Any information collected in this manner will be confidential and will be securely maintained at NRCS offices. Access to specific site location data are restricted to the personnel stated above and those stationed at each Field Office.
6. Standard Procedures for NRCS Personnel: Trained NRCS personnel will follow the cultural resources procedures contained in Attachment 4.
7. Compliance Documentation: The Caribbean Area NRCS State Office shall ensure that reports on all activities carried out pursuant to this agreement are provided to the Puerto Rico SHPO and, upon request, to other interested parties (subject to restrictions contained in Section 304 of the National Historic Preservation Act and Section 9(a) of the Archaeological Resources Protection Act).
Documentation for Individual Undertakings: As a minimum, the Caribbean Area NRCS Field Offices shall maintain in file, for review by the Puerto Rico SHPO, documentation on each undertaking planned. This information shall include: the results of the archival search, the area covered by the field investigation; the number and types of resources located, the number of resources avoided; the method of avoidance; National Register eligibility information, and mitigation information. In addition, the person(s) conducting any cultural resources fieldwork shall be identified. Field personnel will use the Planning and Environmental Consideration Checklist (Attachment 5), and the Cultural Resource Specialist will document all sites using the Puerto Rico SHPO Field Investigation Site Form shown in Attachment 6.
Summary Documentation: The Caribbean Area NRCS State Office shall provide the Puerto Rico SHPO by November 30 of each year with an annual report about the prior fiscal 3 year, the report will summarize the information on all of the undertaking-related information described above (total number of projects; number of acres involved). In addition, they shall provide the total number of actions conducted that were not considered undertakings (Category 2 and 3 Exclusions).
When reporting summary information on sites avoided, the Caribbean Area NRCS State Office will list the number of practices moved, number of practices changed, the number of sites mitigated through data recovery, number of Caribbean Area NRCS withdrawals of assistance, and the number of landowner withdrawals. The Caribbean Area NRCS will list the number of cultural resources sites reported, the number of sites avoided, the number of resources impacted, the number of resources found significant (Determinations of Eligibility and NRHP nominations), and the number of resources suffering adverse effects.
Hard copies of compliance documentation for individual practices will be maintained at the Caribbean Area NRCS Field Offices.
8. Emergencies: The NRCS shall notify the SHPO as quickly as possible after the emergency. This notification should include circumstances creating the urgent and compelling situation, work to be undertaken, and any consideration of historic properties, as appropriate. The SHPO will then have 7 days to respond to NRCS after receipt of said notification. NRCS will document and avoid adverse impacts to cultural resources encountered to the fullest extent practicable.
a. Exigent Situations. In this situation the NRCS shall notify the SHPO. This notification should include circumstances creating the exigent situation, work to be undertaken, and any consideration of historic properties, as appropriate. The SHPO will then have 7 days to respond to NRCS after receipt of said notification. NRCS will document and avoid adverse impacts to cultural resources encountered during exigency work to the fullest extent practicable.
b. Non-exigent Situations. The NRCS, by using a CRS, will consult with the SHPO to determine areas of high probability for cultural resources. The CRS will then be involved in assessing impacts to these areas with the objective of avoidance. If these areas cannot be avoided and cultural resources are discovered, the CRC will notify the SHPO. A CRS will then evaluate the resource. The Director of NRCS Caribbean Area will then make a final decision based on the specialist's evaluation, consultation with the SHPO, and the need to protect life and property.
In major disasters, NRCS may elect to waive all or part of its cultural resources responsi- bilities as allowed under 36 CFR 78. 9. Avoidance: If a site is encountered during normal planning activities, its boundaries and means of avoidance will be determined by appropriate NRCS personnel as described in Stipulation 1. In all cases suitable buffer will be established around all supposed archeological site boundaries with the understanding that the Caribbean Area NRCS State Office will work in consultation with the Puerto Rico SHPO to refine the process for defining site boundaries.
10. Evaluating Significance: All evaluations of cultural resources for eligibility to the National Register of Historic Places will be conducted by cultural resources specialists. The field methods used will follow those contained in "Guía para hacer investigaciones arqueoló- gicas, Fases I, II, III" (Guide to Conducting Archaeological Investigations; Puerto Rico State 4 Historic Preservation Office, Office of the Governor, 1993), and the Secretary of Interior’s Standard and Guidelines for Evaluation, and U.S. Department of Interior, National Park Service publication How to Apply the National Register of Historic Places Evaluation Criteria.
After completing Phases I and II of an archaeological investigation, in those cases where a cultural resource is determined to be eligible for inclusion in the National Register of Historic Places, NRCS will consult with the SHPO to determine if the proposed undertaking will have an adverse effect. If NRCS and SHPO determine that the undertaking will have an adverse effect, the NRCS will consult with the SHPO and property owner to determine if it is possible to avoid (in whole or in part) the adverse effects to the NRHP eligible resource. If the adverse effects cannot be avoided and the property owner wishes to continue with implementation of the project, mitigation data recovery (recordation) of the cultural resource will be necessary. This data recovery will be completed at the property owner's expense; thus, the owner will enter into a Memorandum of Agreement (MOA) with the Puerto Rico State Historic Preservation Office and NRCS agreeing to fully fund the data recovery. The MOA will be prepared in accordance with 36 CFR Part 800.6. NRCS as the lead federal agency will prepare the Scope of Work and will select the archaeological contractor; NRCS will be monitor of the data recovery, and will review the final data recovery report before approving sending it to PRSHPO. If the property owner does not wish to cover the expense of the mitigation of adverse effects, the NRCS will withdraw assistance at this time and provide no additional work on the project.
The property owner has the right to keep any collections resulting from the data recovery. However, NRCS will provide copies of all of the field and analytical records for the data recovery project to the PRSHPO and encourage the property owner to donate the collections to a curation facility meeting current federal standards, in order to make the collections available to future researchers and for display purposes. Copies of all records will be maintained by NRCS in the PR State Office.
11. Sharing Technology and Information: The NRCS and the Puerto Rico SHPO mutually agree that cultural resources are an integral part of our nation's resources and will ensure that these resources are fully considered in all NRCS undertakings. The conservation ethic of NRCS is in harmony with mandates requiring federal agencies to become active partners in the stewardship of our nation's cultural resources.
The Puerto Rico SHPO will provide the NRCS with assistance in conducting cultural resources reviews by providing the NRCS with site data as described in Stipulation 5 and by providing the NRCS with a copy of any state-level historic preservation planning guidelines and other information pertaining to resource sensitivity analysis and/or site predictive modeling.
The NRCS agrees to provide technical assistance in erosion control and protection of cultural resources when requested by the Puerto Rico SHPO and as time and staff resources permit. Requests will be coordinated through the CRC. The Caribbean Area NRCS State Office will use the Conservation Practice Standard for Cultural Resources Protection (Attachment 7) when providing such assistance.
12. SHPO Involvement in Training of NRCS Employees: The Puerto Rico SHPO and NRCS agree that all NRCS technical employees responsible for field assessment of cultural resources will complete the NRCS National Cultural Resources Training Program and supplemental state training provided in cooperation with the Puerto Rico SHPO.
5 The Puerto Rico SHPO agrees to review training materials and to assist in training of NRCS personnel as needed.
13. Procedures for Handling Discoveries During Implementation: Procedures for handling the discovery of human remains and grave associated artifacts during implementation, are covered in Stipulation 3. If previously unidentified cultural resources (other than human remains or associated grave goods) are encountered during implementation of a practice, the NRCS will immediately cease technical assistance and will request that contractors under the control of cooperators cease working in the immediate vicinity of the discovery. NRCS will notify the SHPO of the discovery within 24 hours. Field assessment of the potential eligibility of the discovery will take place within 48 hours by the NRCS cultural resources specialist and a representative of the Puerto Rico SHPO.
14. Access to Specialists: Caribbean Area NRCS State Office agrees to maintain regular and continuing access to a cultural resources specialist(s) with qualifications appropriate to the resources to be evaluated.
This person or persons shall meet the qualifications contained in "Archeology and Historic Preservation; Secretary of the Interior's Standards and Guidelines - Professional Qualifications Standards.”
NRCS will maintain this access by: (1) systematically contracting needed investigations and surveys for actions beyond the scope of NRCS employee qualifications, certifications and responsibility, as agreed by the Puerto Rico SHPO; (2) hiring permanent, temporary or intermittent employees with appropriate qualifications and/or; (3) establishing agreements with other agencies.
15. Quality Assurance: The Caribbean Area NRCS State Office will use the Guidelines for Quality Assurance shown in Attachments 8 and 9.
The Puerto Rico SHPO may monitor activities carried out pursuant to this state level agreement, and the Advisory Council on Historic Preservation (ACHP) may be asked to review such activities by either party. The Caribbean Area NRCS State Office will cooperate with the ACHP and the Puerto Rico SHPO in carrying out their monitoring and review responsibilities.
16. Items Not Covered in this Agreement: The Caribbean Area NRCS Office and the Puerto Rico SHPO agree that all matters not discussed in this supplemental agreement will be handled in accordance with SCS General Manual 420 Part 401 and the National Agreement.
17. Agreement Duration: This agreement will continue in full force and effect for five (5) years. At any time in the six-month period prior to the expiration of the agreement, the Caribbean Area NRCS State Office and the Puerto Rico SHPO can agree to extend this agreement with or without amendments.
18. Termination: Either party to this State Level Agreement may terminate it upon the conclusion of the dispute resolution process found in the National Agreement by providing sixty (60) days notice to the other party.
NATURAL RESOURCES CONSERVATION SERVICE 6 ______By: JUAN A. MARTINEZ Date Director, Caribbean Area
PUERTO RICO SHPO
______By: ENID TORREGROSA Date State Historic Preservation Officer
7 Attachment 1 National Programmatic Agreement and Amendment
Attachment 2 NRCS General Manual 420 Part 401 Cultural Resources (Archeological and Historic Properties) ATTACHMENT 3 PAGE 1 OF 4
CLASSIFICATION OF CONSERVATION PRACTICE EFFECTS ON CULTURAL RESOURCES
The following listing of conservation practices indicates the potential of each practice to have an adverse effect on historic properties (cultural resources that are considered eligible for the National Register of Historic Places) if any are present in the area of potential effects. Detailed definitions for the three classification categories are as follows:
Category 1. Conservation Practices Considered by NRCS as undertakings of the types that have the potential to cause effects on historic properties.
Some conservation practices have a high potential to affect cultural resources when installed according to standard NRCS criteria. Such practices are considered undertakings and cultural resource consideration is required.
Category 2. Conservation Practices Considered by NRCS as Undertakings of the types that have the potential to cause effects on historic properties Except When Non-intrusive.
Some conservation practices may affect cultural resources unless they are installed under two different non-intrusive situations. First, the installation of the practice is considered non- intrusive when it will not exceed the depth, extent, or kind of previous cultivation. Second, if the land has not been previously cultivated, and the installation of the practice will result in no ground disturbance it is considered non-intrusive. If either non-intrusive situation applies, the conservation practice is considered an undertaking, that does not have the potential to cause effects on historic properties and no further cultural resource considerations are needed.
Category 3. Conservation Practices Considered by NRCS as Undertakings of the types that do not have the potential to cause effects on historic properties.
Some conservation practices are primarily management related and will not have any physical effects or alteration to a cultural resource. Some of these practices are not just benign, but provide beneficial effects by affecting soil or cover stability. Such practices do not require cultural resources considerations.
This listing should be used to determine whether the Cultural Resources Review Worksheet should be used for planning a conservation practice. ATTACHMENT 3 PAGE 2 OF 4
Cultural Resources Conservation Practices and their Category
Code Practice Name Category1
560 Access Road 1 311 Alley Cropping 1 310 Bedding 2 314 Brush Management 2 322 Channel vegetation 1 324 Chiseling and Sub-soiling 1 326 Clearing and Snagging 1 397 Commercial Fishponds 1 327 Conservation Cover 3 328 Conservation Crop Rotation 2 330 Contour Farming 2 331 Contour Orchard and Other Fruit Area 2 332 Contour Buffer Strips 2 342 Critical Area Planting 1 344 Crop Residue Use 2 348 Dams, Diversion 1 402 Dam, Floodwater Retarding 1 349 Dams, Multiple Purpose 1 356 Dike 1 362 Diversion 1 647 Early Succession Habitat Div/Mgt. 2 382 Fence 2 386 Field Border 2 392 Field Windbreak 2 393 Filter Strip 2 399 Fishpond Management 3 400 Floodwater Diversion 1 404 Floodway 1 511 Forage Harvest Management 3 666 Forest Stand Improvement 3 410 Grade Stabilization Structure 1 412 Grassed Waterway 1 548 Grazing Land Mechanical Treatment 1
1 Category 1 Undertaking Category 2 Undertaking except when non-intrusive Category 3 Not an Undertaking ATTACHMENT 3 PAGE 3 OF 4
Code Practice Name Category1
561 Heavy Use Area Protection 1 422a Herbaceous Wind Barriers 2 423 Hillside Ditch 2 753 Infiltration Ditches 1 436 Irrigation Storage Reservoir 1 441 Irrigation System, Micro-irrigation 2 442 Irrigation System, Sprinkle 3 443 Irrigation System, Surface 2 449 Irrigation Water Management 3 460 Land Clearing 1 466 Land Smoothing 1 453 Landslides, Land Reclamation 1 468 Lined Waterway or Outlet 1 634 Manure Transfer 1 484 Mulching 3 590 Nutrient Management 3 500 Obstruction Removal 1 582 Open Channel 1 512 Pasture and Hayland Planting 2 595 Pest Management 3 516 Pipeline 2 378 Pond 1 528a Prescribed Grazing 3 562 Recreation Area Improvement 2 329A Residue Management, No Till 2 329B Residue Management, Mulch Till 2 344 Residue Management, Seasonal 2 643 Restoration/Mgt. of Declining Habitats 2 390 Riparian Herbaceous Cover 1 391a Riparian Forest Buffer 2 570 Runoff Management System 1 350 Sediment Basin 1 574 Spring Development 1 584 Stream Channel Stabilization 1 580 Streambank and Shoreline Protection 1 585 Stripcropping, Contour 3 ATTACHMENT 3 PAGE 4 OF 4
1 Category 1 Undertaking Category 2 Undertaking except when non-intrusive Category 3 Not an Undertaking Code Practice Name Category1
586 Stripcropping, Field 3 587 Structure, for Water Control 1 607 Surface Drainage, Field Ditch 1 608 Surface Drainage, Main or Lateral 1 609 Surface Roughening 3 612 Tree Planting 3 660a Tree and Shrub Pruning 3 614 Trough or Tank, 1 620 Underground Outlet 1 472 Use Exclusion 3 519 Vegetative Row Barrier 2 312 Waste Management System 1 425 Waste Storage Pond 1 313 Waste Storage Facility 1 359 Waste Treatment Lagoon 1 633 Waste Utilization 3 638 Water and Sediment Control Basin 1 642 Water Well 1 657 Wetland Restoration 1 659 Wetland Enhancement 2 644 Wetland Wildlife Habitat Management 1 645 Wildlife Upland Habitat Management 3 648 Wildlife Watering Facility 1 650 Windbreak Renovation 2
1 Category 1 Undertaking Category 2 Undertaking except when non-intrusive Category 3 Not an Undertaking ATTACHMENT 4 PAGE 1 OF 2
STANDARD CULTURAL RESOURCES PROCEDURES FOR CARIBBEAN AREA NRCS OFFICE PERSONNEL
1. Trained NRCS field office personnel will determine whether or not planned action/practice is an undertaking by checking Attachment 3 list (Category 1, 2 or 3). If the practice is not considered an undertaking with the potential to cause effects to historic properties (all Category 3; some Category 2), document this decision on NRCS-CPA-6 form and proceed with assistance.
2. If practice is considered an undertaking with the potential to cause effects to historic properties (all Category 1; some Category 2), trained NRCS field office personnel will then complete the Planning and Environmental Considerations Checklist and conduct a field inspection to determine if cultural resources are present in the Area of Potential Effect (APE) or if the APE has charac-teristics that warrant field inspection by a specialist.
3. If no cultural resources are present and the APE has no characteristics that warrant field inspection by a CRS, then the field office personnel will document that information and proceed with assistance.
4. If cultural resources are present and/or if the APE has characteristics that warrant field inspection by a CRS, then office personnel will notify the CRC. The CRC will review the information and determine the proper course of action. If further work is required, the CRC will notify the District Conservationist (DC) who will:
A. Re-evaluate alternatives to planned action(s) with landowner, in lieu of conducting further investigation.
B. Inform NRCS CRC of decision regarding alternatives.
5. If alternative, non-sensitive location or non-ground disturbing action can be planned, the DC documents alternative, and proceeds with assistance.
6. If no feasible alternative can be found, the CRC will arrange for Cultural Resource Specialist (CRS) or other qualified Archaeologist (with technical review by CRS or SHPO) to proceed with investigation, if NRCS funding and/or personnel are available.
7. If NRCS funding/staff is not available the CRC will arrange for the following:
A. A site visit to obtain additional technical information and/or confirm the SHPO recommendation about the sensitivity or likelihood of the APE having significant cultural resources.
B. The CRC will obtain a cost and time estimate for further investigation. The CRC will
ATTACHMENT 4 PAGE 2 OF 2
discuss the need and feasibility of further investigation with the DC who informs the landowner of NRCS requirements and asks if they are willing to pay for the work.
8. If funding from the NRCS or the landowner is available, but the landowner does not wish NRCS to proceed according to policy, then NRCS will withdraw assistance related to the undertakings.
9. If the landowner decides to proceed, then NRCS CRC will coordinate arrangements or contract with a state and federally qualified CRS and other staff to conduct field investigations as required by the SHPO.
10. If the CRS determines that any resources in the APE may be potentially eligible for inclusion in the National Register of Historic Places (NRHP) then a CRS will conduct a formal evaluation of the site through a testing program in accordance with Puerto Rico SHPO standards "Guide to Conducting Archaeological Investigations, Phases I, II, III."
11. If before or after the Phase II testing is conducted, the cultural resource is determined by the NRCS to not be of significance for inclusion in the NRHP, and the SHPO concurs, or if the SHPO fails to respond within 30 days, then NRCS has met its Section 106 obligations and the practice may proceed.
12. If the cultural resource is determined eligible for the NRHP, then the NRCS, in consultation with the SHPO, shall develop plans to mitigate any adverse effects upon the resource. The preferred option is avoidance of the cultural resource by redesigning the project to avoid any disturbance of the cultural resource.
13. In the case that the cultural resource cannot be avoided, a data recovery plan will be developed by NRCS in consultation with the SHPO. Details and conditions of the data recovery plan will be specified in a MOA developed by NRCS and signed and agreed to by the NRCS, the SHPO, the ACHP, and other interested parties as may be necessary. 14. The SHPO or specialist will analyze the information and determine whether or not further investigations are required. The SHPO agrees to respond to the CRC within 30 working days.
15. If no further investigations are required, the CRC will notify the field office, provide copies of pertinent correspondence, and the work may proceed. Attachment 5 U.S. Department of Agriculture CB-EVC-2 Natural Resources Conservation Service Rev. 5/01
PLANNING AND ENVIRONMENTAL CONSIDERATIONS CHECKLIST AND GUIDE
Landowner/operator ______Tract ______Business ID ______
Municipality ______Ward ______Total farm acreage ______
Road ______Quadrangle ______Enterprise ______
Soil Survey______SS Sheet ______Aerial photo Line ______No. ______
Planner/technician ______Date ______
1. List all soils and their classification; identify the fertilizers and pesticides used on the farm.
Farm Information Section II - FOTG Erodible Hydric Fertilizer & Pesticide Field Land Soil Map Remarks Acres Inventory Number use Unit HEL PHEL NHEL C I
HEL = Highly Erodible Land, C = Components, I = Inclusion
2. If a hydric soil was identified, check the National Wetland Inventory Map, and list all Systems on the farm. ______3. Do you recognize any wetland adjacent to the farm? Yes___ No____ 4. River/stream and type (I) intermittent (P) perennial Name: ______( ), ______( ), ______( ) 5. If vegetative buffer is present, determine in feet the approximate width and length. Width______(ft) Length (ft)______
6. Resources concern inventory Conservation Practice 1 2 (Undertaking Category) Acres Remarks SOIL Sheet and rill erosion * Ephemeral gully * Streambank soil loss * Low infiltration rate ____ crusting, ____ ponding Compaction Potential pollution Excess chemical ____ fertilizer, ____ pesticide ____ animal waste WATER Runoff Flooding High water table Inadequate outlets Inadequate water management Sediment deposition ___ onsite, ___ offsite ___ river, ___creek, ___ lakes Potential pollution generated by Pesticide (___ GW, ___SW) Nutrient (__ GW, ___SW) Animal waste(___GW, ___SW) Turbid surface water Rooted macrophytes (%cover) Algae Fish kill AIR Airborne sediment Smoke particulate Chemical drift: ___ onsite, ___ offsite Odors PLANTS Not well adapted to site Unsuitable for intended use Lack of corridors Damage: wind, pollution Inadequate nutrient management Inadequate pesticide management ANIMALS Inadequate food requirements Inadequate cover or shelter * Erosion (Attach soil computations or statement as to w hy they are not needed)
GW=groundwater, SW=Surface water 1 Ex. 423(2), 330(2), 327(2) 2 Estimated acres for undertaking category (Area of potential effect) 7. Cultural Resources (Archaeological or Historical site)
Determine if action is an undertaking (CRH 601.31 Subpart A)
_____ NO - Document decision and proceed with the planning.
_____YES - Conduct a cultural resources review and field inspection:
Evidence of sites at the local office of the Institute of PR Culture ___ yes ___ no Landowner or sponsor indicated that cultural resources have been found in the area of potential effect (APE)? ___ yes, ___ no Describe______ SHPO ___ yes ___ no, National Register of Historic Places ___ yes ___ no Field inspection findings: ___Stone or brick foundations, ___fruit trees or ornamental plantings ___Wells (≥50 years), ___ unusual depression, ___ mound of soils, ___stone, ___shells, ____petroglyphs, ___ceramics, ___ glass___objects ≥50 years old Describe______If any item is checked under the review and field inspection section, provide to State CRC copy of this form, along with a photocopy of USGS quadrangle showing the area of potential effect (APE). Date sent to CRC______Initials______
8. Threatened and/or Endangered Species.
Is the farm located in the Karst area? ____ Yes ____ No Is the farm located in mountain tops or guts? (U.S. Virgin Islands) ____ Yes___ No Has it not been farmed for five consecutive years or more? ___ Yes ___ No Is the farm use to change from agroforestry or alley cropping to another use? ___ Yes ___ No Does the farm have any areas under natural forest cover? ___ Yes ___ No Is it going to receive federal funding? ___ Yes ___ No
If you check yes on any prior items, please consult Fish and Wildlife Service. If you check no on all prior items, please document decision and proceed.
9. Is a designated natural area included in the planning area or will plan action impact any adjacent natural areas? No ____ Yes ____ Location ______
Describe resource: ______
10. Any consideration to restrain or limit the implementation of the conservation plan. No ___ Yes ___ Specify______Attachment 6 PR SHPO Field Investigation Site For ATTACHMENT 7 PAGE 1 OF 2
Draft Interim I-04
NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE STANDARD
CULTURAL RESOURCE SITE PROTECTION INTERIM I-04
DEFINITION
A measure that provides identification, evaluation, protection, stabilization, proper management, or maintenance to a cultural resource site.
CONDITIONS WHERE PRACTICE APPLIES
This procedure applies to cultural resource sites that are threatened or exposed to damage from erosion, stability problems, climatic and hydrologic conditions, land use, equipment traffic, or other adverse conditions. This procedure applies to evaluation, vegetative and management techniques needed to provide protective measures for cultural resource sites. Cultural resources include all historic property types as defined in NRCS General Manual 420, Part 401 and by the National Register of Historic Places (NRHP). This standard applies only to cultural resources that meet NRHP criteria for eligibility, as determined by the State Historic Preservation Officer.
Determination of site characteristics and evaluation of significance will be limited to areas identified by the NRCS and the State Historic Preservation Officer to require the Phase I or II evaluation as a requirement before installation of another undertaking.
PURPOSE
To evaluate and protect significant cultural resources that contain important scientific and heritage information from being degraded by natural and human processes without causing adverse effects to the resource, and in a manner consistent with historic preservation standards.
CONSIDERATIONS:
Consider what cultural resource information is needed for planning a practice application. Site type, size, cultural affiliation, integrity, boundaries, depth, structure, and features may be factors to evaluate.
Use agency cultural resource specialists and the State Historic Preservation Officer to determine whether the cultural resource meets significance criteria. ATTACHMENT 7 PAGE 2 OF 2
Determine what level of protection is needed based upon site characteristics and significance. Normal practice design standards will apply unless site uniqueness requires extending the protection level to higher hydrologic tolerances.
Consider the potential effects of installing the practice on the resource and whether it may be damaging to its significant character. Use agency cultural resource specialists and the State Historic Preservation Officer to determine what adverse effects may occur and how to avoid such effects.
Consider how the applied practice will integrate with ongoing or future practices and management.
CRITERIA
Evaluations and site determination will meet standards established by State Historic Preservation Officer. Determinations of significance and adverse effects to the cultural resource will minimally meet the National Register of Historic Places and Advisory Council on Historic Preservation (ACHP) criteria outlined in NRCS General Manual 420, Part 401, or in regulations 36 CFR 60.6 and 36 CFR 800 dated December 2000, respectively.
Specific considerations for working with cultural resource properties may be required and are referenced in the ACHP publication "Treatment of Archeological Properties: A Handbook"; National Park Service "Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines"; Landscape Architecture Technical Information Series "Archeological Resources and Land Development"; and in the Natural Resource Conservation Service General Manual 420, part 401.
This practice may be planned and designed alone, or in combination with other practices, to insure adequate protection for the intended purpose without causing excessive damage to the resource, environment, or production capability. In addition, the design and specifications listed in the U.S. Army Corps of Engineers "Archeological Site Protection and Preservation Notebook" may be used.
All existing guidelines or procedures can be utilized, interchanged, or modified as needed to achieve the intended purpose and comply with State and Federal laws.
SPECIFICATIONS
Plans and specifications for evaluation, planning and installing measures for site protection shall be in keeping with this standard and shall describe and record the requirements for applying the practice to achieve its intended purpose.
ATTACHMENT 8 PAGE 1 OF 3 GUIDELINES FOR QUALITY ASSURANCE OF CULTURAL RESOURCES ACTIVITIES COMMONWEALTH OF PUERTO RICO
SPOT CHECKING OR QUALITY REVIEW OF NRCS CULTURAL RESOURCE COMPLIANCE IN PUERTO RICO
Responsibilities: The Director is responsible for overall quality of work done by NRCS field and RC&D offices in Puerto Rico. The State Conservation Engineer is responsible for overall quality of work done by Field Engineers. The State Soil Scientist is responsible for the overall quality of work done by Soil Scientists.
Program responsibility for cultural resources and conducting spot-checks or quality reviews belongs to the Staff Resource Conservationist.
NRCS District Conservationists, RC&D coordinators and Soil Survey Party Leaders are responsible for the quality of work, and cultural resource compliance, in their respective offices.
(a) Activities to be spot checked: All undertakings as defined in 36 CFR 800.16 (y) dated December 2000, and Section 106 of the National Historic Preservation Act, as amended, are subject to be spot checked. At a minimum, 20 % of the NRCS offices in Puerto Rico will be spot checked annually.
(b) Frequency: Spot checks are to be done annually, based on the fiscal year and will be completed by the end of the calendar year.
(c) Quantity of Undertakings to be Spot Checked:
(1) Conservation plans & revisions: 5% with minimum of 5.
(2) Conservation practices applied: 5% with minimum of 5.
(3) FSA plans/approvals with undertakings: 5% with minimum of 5.
(4) Other undertakings such as RC&D measures, project and other activities not included above: minimum of 5 or 5%.
If errors or deficiencies are found, additional undertakings in the same category will be checked until reasons for deficiencies, are obtained.
ATTACHMENT 8 PAGE 2 OF 3
Note: Spot checking will exclude undertakings where advanced reviews or inspections were conducted by the NRCS Cultural Resources Coordinator (CRC) or Cultural Resources Specialist (CRS).
(d) Methods: Cultural resources spot-checking should be combined with other spot- checking such as ACP, FSA etc. where possible and practical to meet the requirements of each program.
(1) Planning and Environmental Considerations Checklist and Guide will be checked for accuracy and completeness of documentation.
(2) Field checks will be made of the area of potential effect (APE) to confirm accuracy of information on evaluation worksheet for the following:
(i) Type and description of undertaking.
(ii) Description, size and location of APE.
(iii) Confirmation of geomorphologic criteria, soils, slope, water sources, and historic features, etc.
(iv) Discussion with landowner/operator, where practical and possible, to confirm questions they were asked about possible cultural resources by NRCS.
(3) Documentation: The Caribbean Area Cultural Resources Spot Check Form (Attachment 9) will be used to document the following:
(i) Name of person or project with undertaking.
(ii) Type or description of undertaking checked.
(iii) Confirm that undertaking's review & evaluation meets requirements of National and State policy and procedures in compliance with NHPA, section 106.
(iv) Program or applicable financial code of NRCS action
(v) Adequacy of supporting data for NRCS decisions.
(vi) Other comments as appropriate.
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(4) Quality: The spot check will review the environmental and preliminary cultural resource evaluation. If there are deficiencies such as incomplete or inaccurate documentation, error in description or size of APE, etc., then the spot check report is to include:
(i) Details of deficiencies in relation to compliance with national policy and established state procedures.
(ii) Recommendations for corrective actions needed for policy and Section 106 compliance.
(iii) Suggested training needs for specific persons or staffs to help prevent recurrence of deficiencies.
(iv) Deficiencies that result in possible adverse effects to cultural resources will be documented with notification of the SHPO and the Advisory Council on Historic Preservation, if needed.
(v) Corrective or necessary mitigation actions will be scheduled as part of the follow-up.
(vi) The spot check report will be completed before leaving the NRCS office and will be reviewed by the NRCS office supervisor and spot-check team leader. Items not agreed to will be documented along with the reasons for not agreeing and proposed actions for correction.
(5) Recognition: High quality work and significant efforts by NRCS employees, which is revealed in the spot check will also be documented and appropriately recognized. ATTACHMENT 9
U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE
CULTURAL RESOURCES SPOT CHECKING
Fiscal Year Field Office
Practice or Undertaking Checked :
Size of APE :
Land user:
Farmland/or Tract number:
Farm Location:
Planned or Certified by:
Conservation Plan: Yes ______No ______: Plan Date: ______
This plan was spot checked and found that:
YES NO
1. The Planning and Environmental Checklist is accurate and complete.
2. Supporting data and documentation is adequate.
3. Field check confirms accuracy of information.
4. Undertaking's review and evaluation meet requirements of national and state policy and procedures in compliance with NHPA.
Comments: (Include deficiencies, if any, recommendations, training needs, and commendations.)
SPOT CHECKER: ______Date: ______
REVIEWED BY: ______Date: ______