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WHEREAS, the USACE and SHPO have agreed that mitigation of adverse effects to <br />41 HY261 can be mitigated by excavations at site 41 HY 160; and <br />WHEREAS, in accordance with 36 C.F.R. § 800.6(a)(1), USACE has notified the <br />Advisory Council on Historic Preservation (ACHP) of its adverse effect determination providing <br />the specified documentation, and the ACHP has chosen not to participate in the consultation <br />pursuant to 36 C.F.R. § 800.6(a)(1)(iii); <br />NOW, THEREFORE, the USACE and the SHPO agree that the undertaking shall be <br />implemented in accordance with the following stipulations in order to take into account the effect <br />of the undertaking on historic properties. <br />STIPULATIONS <br />I. RESEARCH DESIGN <br />The COSM will sponsor off -site mitigation at Spring Lake (41 HY 160), including <br />research objectives and scope -of -work identified by the TxState, in accordance with the <br />commitment to mitigate adverse effects to site 41 HY261. Upon TxState's confirmation of the <br />sponsorship, the SHPO will immediately notify the USACE that this alternative mitigation is <br />sufficient to meet the terms of Section 106 of the National Historic Preservation Act and <br />conditions to USACE permit number SWF 2011- 00304. <br />The USACE shall ensure that the following alternative "off- site" mitigation measures are carried <br />out: <br />A. Mitigation of the adverse effects to 41HY261, including offsite mitigation work at <br />41HY160, shall be detailed in a Research Design (RD) to be approved by the USACE and <br />the SHPO. The signed MOA with attached approved RD shall become a condition of the <br />USACE permit. The RD shall include all elements listed in this Stipulation I. <br />B. TxState's research will include: archeological field research, laboratory analysis of <br />artifacts from 41 HY 160 and 41 HY261; professionally appropriate web -based information <br />dissemination; and, educational public outreach associated with the typical prehistoric <br />archeological deposits found at Spring Lake and 41 HY261. <br />C. Human remains and associated funerary objects encountered during excavation will, if <br />possible, be left in place. These remains will remain undisturbed, protected, and prohibited <br />from public display. If removal of the remains is unavoidable, or if additional analysis <br />other than descriptive information is required, the USACE will initiate tribal contacts to <br />consult on treatment and disposition of the remains. <br />f <br />