HomeMy WebLinkAboutWaterloo_Cedar_River_Final_MOA_17_Feb_2026_(2)docxDocusign Envelope ID: A6383950-0722-4642-8089-BF8939DADOAC
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MEMORANDUM OF AGREEMENT
AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT,
THE IOWA STATE HISTORIC PRESERVATION OFFICER,
THE CITY OF WATERLOO, IOWA, AND
THE CITY OF WATERLOO HISTORIC PRESERVATION COMMISSION
REGARDING THE
WHITE WATER AND HABITAT IMPROVEMENTS PROJECT
ON THE CEDAR RIVER
WATERLOO, BLACK HAWK COUNTY, IOWA
WHEREAS the United States Army Corps of Engineers, Rock Island District ("District") has
consulted with Permit Applicant, the City of Waterloo ("Applicant"), concerning the issuance of a
permit for the white water and habitat improvements project on the Cedar River
Waterloo, Black Hawk County, Iowa; and,
WHEREAS the undertaking includes removal of the 6th Street Dam and modifications to the
Park Avenue Dam (Waterloo Dam) to create fish passage, navigation, whitewater, habitat, and bank
improvements to the Cedar River in the City of Waterloo, Blackhawk County; and,
WHEREAS, the District has defined the undertaking's Area of Potential Effect (hereinafter
"APE") as the Permit Area (Appendix A); and,
WHEREAS, the District has determined that the undertaking may have an adverse effect on the
6th Street Dam, which is eligible for listing on the National Register of Historic Places; and,
WHEREAS the District has consulted with the Iowa State Historic Preservation Officer (IA
SHPO) pursuant to 36 C.F.R. § 800 of the regulations implementing Section 106 of the National
Historic Preservation Act (16 U.S.C. § 470f); and,
WHEREAS, no other properties of historic, architectural, or archaeological significance are
known to exist within the project area, nor are human remains likely to be encountered; and,
WHEREAS, the District has consulted with the Applicant regarding the effects of the
undertaking on the historic property and has invited them to sign this Memorandum of Agreement
(hereinafter "MOA") as an invited signatory; and,
WHEREAS, the District has consulted with the City of Waterloo Historic Preservation
Commission organization regarding the proposed mitigation efforts of the undertaking and has invited
them to sign this MOA as an Invited Signatory; and,
WHEREAS, all parties mutually agree that there is no prudent or feasible alternative to the
project as originally proposed; and,
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WHEREAS, in accordance with 36 CFR § 800.6(a)(1), the District has notified the Advisory
Council on Historic Preservation (hereinafter "ACHP") of its adverse effect determination with specified
documentation on December 16, 2025. On 8 January 2026, the ACHP chose not to participate in the
consultation pursuant to 36 CFR § 800.6(a)(1)(iii); and,
NOW, THEREFORE, the District, the IA SHPO, the City of Waterloo, and the City of
Waterloo Historic Preservation Commission agree that the undertaking shall be implemented in
accordance with the following stipulations in order to take into account the effect of the undertaking on
historic properties.
STIPULATIONS
I. TERMS
A. The District shall ensure that issuance of Permit No. CEMVR-RD-2023-0706 is withheld until this
MOA has been executed by all signatories. In addition, the District shall include adherence to the
stipulations in the MOA as a Special Condition of the permit verification.
B. DOCUMENTATION
1. Applicant shall document the 6th Street Dam in accordance with the mitigation plan in
Appendix B of this document.
• Applicant shall award the recordation contract to the consultant of its choice, provided
the consultant fulfills professional qualifications standards of the Secretary of the Interior
for Architectural History or History and agrees to meet IA SHPO recommendations and
the National Park Service standards for documentation.
1. Recordation will commence with photography of the structure. IA SHPO will
review a draft of the photographs within thirty (30) calendar days of receipt.
Upon IA SHPO's written acceptance of the draft photographic documentation,
Applicant may commence demolition activities on the structure.
2. Applicant Shall also prepare a narrative report as directed in Appendix B. IA
SHPO will review a draft of the report within thirty (30) calendar days of
receipt. Upon IA SHPO acceptance of the report, Applicant will deliver one
digital copy of the final report to the IA SHPO and to the Waterloo Historic
Preservation Commission.
3. Applicant shall complete the documentation within six (6) years of the
execution of this MOA.
C. SIGNAGE
1. Applicant shall develop and manufacture interpretive signage for use at two locations
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• Location #1 between E. 6th and E. 7th Street
• Location #2 at approximately W. 8th Street.
2. A minimum of two (2) and maximum of four (4) signs will be prepared. A minimum of one
(1) sign will be used in each location. The designs will be like those found in Appendix C.
3. Applicant shall provide the IA SHPO and Waterloo Historic Preservation Commission thirty
(30) calendar days to review and comment on the draft content and design of the signage.
• Applicant will be responsible for their installation. The Applicant will complete and
install the signage within six (6) years of the execution of this MOA.
II. DURATION
This MOA will be null and void if its terms are not carried out within six (6) years from the date
of its execution. Prior to such time, the District may consult with the other signatories to reconsider the
terms of this MOA and amend it in accordance with Stipulation VI below.
III. POST -REVIEW DISCOVERIES
If properties are discovered that may be historically significant or unanticipated effects on
historic properties found, the District shall implement the discovery plan included as Appendix D of this
MOA.
IV. MONITORING AND REPORTING
Every year following the execution of this MOA until it expires or is terminated, the District
shall provide all parties of this MOA with a summary report detailing work undertaken pursuant to its
terms. Such report shall include any scheduling changes proposed, any problems encountered, and any
disputes and objections received in the District's efforts to carry out the terms of this MOA.
V. DISPUTE RESOLUTION
Should any signatory or concurring party to this MOA object at any time to any actions proposed
or the manner in which the terms of this MOA are implemented, the District will consult with such party
to resolve the objection. If the District determines that such objection cannot be resolved, the District
will:
A. Forward all documentation relevant to the dispute, including the District's proposed resolution,
to the ACHP. The ACHP shall provide the District with its advice on the resolution of the
objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final
decision on the dispute, the District shall prepare a written response that takes into account any
timely advice or comments regarding the dispute from the ACHP, signatories, and concurring
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parties, and provide them with a copy of this written response. The District will then proceed
according to its final decision.
B. If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time
period, the District may make a final decision on the dispute and proceed accordingly. Prior to
reaching such a final decision, the District shall prepare a written response that takes into account
any timely comments regarding the dispute from the signatories and concurring parties to the
MOA and provide them and the ACHP with a copy of such written response.
C. The District's responsibility to carry out all other actions subject to the terms of this MOA that
are not the subject of the dispute remain unchanged.
VI. AMENDMENTS
This MOA may be amended when such an amendment is agreed to in writing by all signatories.
The amendment will be effective on the date a copy signed by all signatories and concurring parties is
filed with the ACHP.
VII. TERMINATION
If any signatory to this MOA determines that its terms will not or cannot be carried out, that
party must immediately consult with the other parties to attempt to develop an amendment per
Stipulation VI, above. If after thirty (30) days an amendment has not been reached, any signatory may
terminate the MOA upon written notification to the other signatories and concurring parties.
Once the MOA is terminated, and prior to work continuing on the undertaking, the District must either:
(a) execute another MOA pursuant to 36 CFR § 800.6 or (b) request, take into account, and respond to
the comments of the ACHP under 36 CFR § 800.7. The District shall notify the signatories as to the
course of action it will pursue.
Execution of the MOA by the District, the IA SHPO, the City of Waterloo, and the City of Waterloo
Historic Preservation Commission and implementation of its terms evidence that the District has taken
into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity
to comment.
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MEMORANDUM OF AGREEMENT
AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT,
THE IOWA STATE HISTORIC PRESERVATION OFFICER,
THE CITY OF WATERLOO, IOWA, AND
THE CITY OF WATERLOO HISTORIC PRESERVATION COMMISSION
REGARDING THE
WHITE WATER AND HABITAT IMPROVEMENTS PROJECT
ON THE CEDAR RIVER
WATERLOO, BLACK HAWK COUNTY, IOWA
SIGNATORY:
Matt Zehr
Regulatory Branch Chief
United States Army Corps of Engineers, Rock Island District
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MEMORANDUM OF AGREEMENT
AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT,
THE IOWA STATE HISTORIC PRESERVATION OFFICER,
THE CITY OF WATERLOO, IOWA, AND
THE CITY OF WATERLOO HISTORIC PRESERVATION COMMISSION
REGARDING THE
WHITE WATER AND HABITAT IMPROVEMENTS PROJECT
ON THE CEDAR RIVER
WATERLOO, BLACK HAWK COUNTY, IOWA
SIGNATORY:
Heather Gibb
State Historic Preservation Officer
Iowa Economic Development Authority
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MEMORANDUM OF AGREEMENT
AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT,
THE IOWA STATE HISTORIC PRESERVATION OFFICER,
THE CITY OF WATERLOO, IOWA, AND
THE CITY OF WATERLOO HISTORIC PRESERVATION COMMISSION
REGARDING THE
WHITE WATER AND HABITAT IMPROVEMENTS PROJECT
ON THE CEDAR RIVER
WATERLOO, BLACK HAWK COUNTY, IOWA
INVITED SIGNATORY:
"—Signed by:
VAX/4 f e ,sun,
Dav ci foeseri;Iayor
City of Waterloo
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Date 3/16/2026
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MEMORANDUM OF AGREEMENT
AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT,
THE IOWA STATE HISTORIC PRESERVATION OFFICER,
THE CITY OF WATERLOO, IOWA, AND
THE CITY OF WATERLOO HISTORIC PRESERVATION COMMISSION
REGARDING THE
WHITE WATER AND HABITAT IMPROVEMENTS PROJECT
ON THE CEDAR RIVER
WATERLOO, BLACK HAWK COUNTY, IOWA
INVITED SIGNATORY:
Nicholas Hedrick. Chair
Waterloo Historic Preservation Commission
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MEMORANDUM OF AGREEMENT
AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT,
THE IOWA STATE HISTORIC PRESERVATION OFFICER,
THE CITY OF WATERLOO, IOWA, AND
THE CITY OF WATERLOO HISTORIC PRESERVATION COMMISSION
REGARDING THE
WHITE WATER AND HABITAT IMPROVEMENTS PROJECT
ON THE CEDAR RIVER
WATERLOO, BLACK HAWK COUNTY, IOWA
Area of Potential Effects (APE) Map
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Permit 2023-0706
MOAAppendixA
Black Hawk County, Iowa
1:5,000
62.5 125 250 375 500
Meters
"o-e1 =s n, Jvlrar,e�rsrissar, - � ap - ^�.•
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MEMORANDUM OF AGREEMENT
AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT,
THE IOWA STATE HISTORIC PRESERVATION OFFICER,
THE CITY OF WATERLOO, IOWA, AND
THE CITY OF WATERLOO HISTORIC PRESERVATION COMMISSION
REGARDING THE
WHITE WATER AND HABITAT IMPROVEMENTS PROJECT
ON THE CEDAR RIVER
WATERLOO, BLACK HAWK COUNTY, IOWA
APPENDIX B
Historic Property Study
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Appendix B
Historic Property Study
The documentation described here is for structure properties of state and local significance. It is to be written for a
broad public audience - kept simple, direct, and free of technical and academic jargon. In its content, quality,
materials, and presentation, the study will meet the Secretary of Interior's four standards for architectural and
engineering documentation (48 FR 44731).
The purpose of the report will be to place the structure in engineering and historical perspective with emphasis on
its local or state historical context.
Research emphasis will be placed on engineering, design, and local/state historical context. The weight of total
effort is to be given not to elaborate engineering description or structure photography, but to amplify what is
known about the story of the structure as grasped through the multiple property documentation and research in
local newspapers, municipal records, and other available historical material.
Documentation prepared for the purpose of inclusion in the Iowa State Historic Preservation Office's collections
must meet the requirements below. The State Historic Preservation Office retains the right to refuse to accept
documentation for inclusion in their collections when that documentation (edited, cataloged, and packaged) does
not meet requirements specified below.
Kinds of Documentation to be Gathered:
1. Photographs: The coverage will be field photography taken with a high -resolution digital camera. Pixel
depth or dimension minimums for photographs will be 3000 x 2000 (300 dpi) and photographs will be
taken in RGB color mode. No more than two 4-inch x 5-inch photographs will be printed on each page.
Each photograph will be labeled with structure name, Iowa Site Inventory Number, and photograph
number typed under the photo on the lower right corner. The documentation will include at least 10 and
no more than 20 photographs to include all elevations of the structure and any pertinent structure details.
Include at least two contextual views showing the structure's placement on the landscape plus special
shots of the particular structure in order to adequately illustrate what is significant or valuable about the
structure, as needed. The documentation is to meet requirements of the National Register Photo Policy
https://www.nps.gov/subjects/nationalregister/upload/Photo_Policy_update_2013 05 15 508.pdf In
addition, the photographs will be provided electronically . It is recommended that photography occur
during periods of lower water levels to maximize views of the structure.
2. Existing drawings of the structure either as built or altered, if available, will be selected and reproduced
electronically.
3. Available historic photographs or illustrations that reveal the structure under construction or in later use
will be selected and appropriately reproduced electronically-.
4. Narrative Report will be approximately ten pages and provided electronically as a PDF. The format for
the report is provided below.
5. Basic structure facts about its origins, design, and construction features will be included in the report.
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Format for the Narrative Report:
Cover Page:
Includes report title, governmental entity or source of support for sponsoring the report, author/authors,
name of affiliated firm or research organization, and date of report.
Acknowledgments (if applicable)
This might include acknowledgment of valuable oral informants, or recognition of those who provided
useful research leads, tendered special library assistance, or helped locate and access useful archives.
Table of Contents
Introduction:
Describes purpose of project, time frame when research and fieldwork occurred, and limitations of the
project.
Part I:: The Structure Today takes the reader to the property, describing where it is situated, its general
appearance, and important physical characteristics of its setting and landscape features that have
influenced the way things developed.
Part II:: Historical Background steps back to explain the structure's time of original construction in
relation to the riverfront area of Waterloo.
Based on newspapers and other available sources, the narrative will seek to explain such developments as:
1. The impetus for construction of the structure.
2. The reason for designing or placing this particular kind of structure at this location (e.g., a
particular design preferred by the county engineer, or a particular structure company favored by
contracts);
3. Selection of this particular structure and its fabricator.
4. Promoters of the structure for this site, if applicable.
Part III: Construction History documents the physical evolution of the structure and subsequent
alterations.
Aspects to bear in mind include:
1. Story of building the structure and by whom it was done. Special emphasis will be on significant
events in the building process, such as technical or financial problems faced, construction delays,
and the need to redesign details or re -fabricate elements.
2. Later changes to the structure, identifying what was done and why it was necessary.
Part IV: Significance of the structure. This section states how the structure helps interpret local and state
development of lowhead dams, how it contributes to understanding the development of particular
structure types or methods of construction, or how the structure exemplifies achievements of the person(s)
who designed or built it.
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Available photographs, illustrations, or site plans will be integrated into the narrative as needed to help
convey the property's interpretive value.
Part IV: Reference Sources
A paragraph or two about the quality and quantity of information consulted, its location, noting any
conflicts in source materials, their accuracy, biases, or noteworthy historical perspectives, will be
included in the narrative. This will be followed by a bibliography of the reference source materials.
Part V: Appendices
The information here — if not placed elsewhere in the report — will include, but not be limited to, the
following:
1. A site plan drawing showing the structure's relation to immediate landscape and river/road
configuration.
2. Map(s) showing location in county/town, changes in property size, etc.
3. A 4-inch by 5-inch enlargement of each photograph taken to satisfy specifications above,
arranged sequentially, from the most general view to the most detailed view. Each is to be labeled
with structure name, Iowa Site Inventory Number, and photograph number typed under the photo
on the lower right corner.
4. A "Photograph Catalog Field Sheet" identifying the number of each photograph, the
photographer's name, and the date each photograph was taken. It will also include views
(direction), location, and description of photograph subject, such as structure details.
5. Completed Iowa Historical Architectural Data Base (HADB) form.
6. Other relevant information (e.g., photocopy of biographical information about the structure
builder).
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MEMORANDUM OF AGREEMENT
AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT,
THE IOWA STATE HISTORIC PRESERVATION OFFICER,
THE CITY OF WATERLOO, IOWA, AND
THE CITY OF WATERLOO HISTORIC PRESERVATION COMMISSION
REGARDING THE
WHITE WATER AND HABITAT IMPROVEMENTS PROJECT
ON THE CEDAR RIVER
WATERLOO, BLACK HAWK COUNTY, IOWA
APPENDIX C
Sample Interpretive Panel Design
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(Ji)PAAEJ, EYIIIRIT AFTAA9
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GENERAL NOTES!
S_CNRGE eON LJ{I'CTION & GRAPIIIC'
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runo.Emmt.:Free nxnmx1ux«m unumm. M�sa�emo .....ie ex l�
RITL4ND+Kl11PER
LANDSCAPE ARCHITECTS •
. r.nv.xmra�x wcmxaunwmuao��®moa �' PANEL EM IEWLETAILS
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PANEL LAYOtT AND COLOR PALETTE
,..-�..,.� *1 4,i € c•-,
TEXT LAYUIT EXAMPLE
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RITLAND+K W PER
LANDSCAPE
PANEL E%MMIT
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MEMORANDUM OF AGREEMENT
AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT,
THE IOWA STATE HISTORIC PRESERVATION OFFICER,
THE CITY OF WATERLOO, IOWA, AND
THE CITY OF WATERLOO HISTORIC PRESERVATION COMMISSION
REGARDING THE
WHITE WATER AND HABITAT IMPROVEMENTS PROJECT
ON THE CEDAR RIVER
WATERLOO, BLACK HAWK COUNTY, IOWA
APPENDIX D
Post -Review Discoveries Plan
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APPENDIX D
Post Review Discoveries Plan
I. POST -REVIEW DISCOVERIES
A. The District shall ensure that previously unidentified historic properties, or unanticipated effects
to previously identified historic properties, discovered during the construction activities for
Program undertakings are subject to the requirements of 36 C.F.R. §§ 800.13(b)-(d). Discoveries
of previously unidentified historic properties or unanticipated adverse effects to known historic
properties is not anticipated, however, if this were to occur, the District shall ensure the
following measures are met. District shall implement the provisions outlined below that are
intended to ensure that Program undertakings are in compliance with applicable federal and state
laws and regulations. These provisions will be included in all construction plans.
1. The contractor will be instructed to cease all ground -disturbing activities in the area of the
historic property, as well as within a 100-foot radius around but within the project footprint,
to avoid and/or minimize harm to the property.
2. The contractor will be instructed to immediately notify the District of the discovery and
implement interim measures, as appropriate, to protect the discovery from damage, looting,
and vandalism, such as protective fencing and covering of the discovery with appropriate
materials.
3. The District will inspect the work site to determine the extent of the discovery and ensure
work activities have halted within the 100-foot radius.
4. The District will clearly mark the area of discovery and implement additional measures, as
appropriate, to protect the discovery from theft and vandalism.
5. The District shall provide an initial assessment of the site's condition and eligibility to
Applicable Consulting Parties and notify other Consulting Parties, if applicable, of the
discovery.
B. If the District, in consultation with Applicable Consulting Parties, determines the historic
property is either isolated, does not retain integrity sufficient for listing on the NRHP, or will not
be further disturbed by construction activities, construction may resume within the 100-foot
radius.
C. If the District determines that the historic property is, or may be, eligible for listing on the
NRHP, the District shall consult with Applicable Consulting Parties, regarding appropriate
measures for site treatment pursuant to 36 C.F.R. § 800.6(a). Consulting Parties have ten (10)
days to provide their comments on the proposed measures which may include:
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1. Formal evaluation of the historic property;
2. Exploration of potential alternatives to avoid the historic property;
3. Preparation and implementation of a mitigation plan by District in consultation with
Applicable Consulting Parties.
D. The notified Applicable Consulting Parties have ten (10) days following notification to provide
comment regarding NRHP eligibility determination of the discovery.
E. The District shall prepare a report of findings describing the background history leading to and
immediately following the reporting and resolution of an inadvertent discovery within thirty (30)
days of the resolution for each inadvertent discovery.
F. The District shall communicate the procedures to be observed to its contractors and personnel.
G. The District shall provide a Notice to Proceed to the contractor to work in the area. Notices to
Proceed may be issued by the District for individual construction segments, defined by District
in its construction specifications, after the identification and evaluation of historic properties has
been completed.
II. POST -REVIEW DISCOVERIES WITH POTENTIAL FOR HUMAN REMAINS
A. Inadvertent discoveries shall comply with applicable state notification standards, federal laws, 36
CFR Part 800.13 and the ACHP's Policy Statement Regarding Treatment of Burial Sites, Human
Remains, or Funerary Objects (February 23, 2007). The Applicant shall ensure that their
contractors maintain a copy of the inadvertent discoveries plan onsite for review.
1. If cultural materials are discovered by construction crew members or monitors that might
indicate the presence of a past human activity or a cultural site that is of historic or
ancient age (or 50 years old or older), all work, including vehicular traffic, must
immediately stop within a 100-foot radius of the discovery.
2. If discoveries are made that contain burial sites or human remains, all work, including
vehicular traffic, must immediately stop within a 100-foot radius of the discovery.
3. For all discoveries, work must also stop in the surrounding area where further historic
properties, subsurface burial sites, or human remains can reasonably be expected to
occur.
4. Stoppage of work for discoveries will be the responsibility of Applicant personnel
making the discovery in coordination with other contracted workers at the discovery site
and supervisors overseeing the on -site work, and in communication with the appropriate
representative(s) of the District. During construction and development, personnel
working on site will be directed, informed, and authorized by the Applicant to protect
discoveries following the procedures of this Agreement.
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5. Within 24 hours of receiving notification of an inadvertent discovery, the District shall
notify appropriate local authorities. The Applicant will have the work site inspected to
ensure that all work, including vehicular traffic, has ceased, and will protect the area of
discovery from looting and vandalism.
6. Work may continue in other areas of the Undertaking where no historic properties, burial
sites, or human remains are present. If the inadvertent discovery appears to be a
consequence of illegal activity such as looting, the onsite personnel will contact the
appropriate legal authorities immediately if the landowner has not already done so.
7. Work may not resume in the area of the discovery until a notice to proceed has been
issued by the District. The District will not issue the notice to proceed until it has been
determined that the appropriate state and local protocols have been satisfied and the
appropriate SHPO has been consulted.
8. All archaeologists or other specialists, as appropriate, employed in response to
inadvertent discoveries shall meet all of the Secretary of the Interior qualifications, meet
the state requirements for treatment of burials (as appropriate), and have knowledge to
assess the resources within the Undertaking's APE. The District will determine the
NRHP eligibility of the archaeological resource in consultation with the Iowa SHPO and
other stakeholders as necessary.
B. Treatment of Human Remains Discovered in Iowa
1. In Iowa, upon discovery of human remains during construction, including bone or other
remains suspected to be human, work shall immediately cease in the area. If there is
uncertainty as to whether remains are human, the OSA Bioarcheology Program should be
contacted to make the determination. The following steps are to be taken any time human
remains are unearthed, or other artifacts associated with mortuary features are found
during Undertaking construction in Iowa.
i.Appropriate steps shall be taken to secure the site. No additional ground
disturbance shall occur within a 100-foot buffer zone around the remains. All
elements exposed must be left in place. Officials with District, the OSA
Bioarcheology Program (if not already notified), SHPO, and appropriate tribes
will be notified within 24 hours via e-mail, fax, or telephone. Law enforcement
officials and the State Medical Examiner (SME) must also be notified in
accordance with Section 523I.316 of the Iowa Code. The SME will coordinate
with OSA to conduct osteological and archaeological documentation and
establish the antiquity, ancestry, and cultural affiliation as possible of the human
remains. If ancestry or cultural affiliation cannot be determined, the remains
would be considered culturally unidentifiable under NAGPRA (43 CFR Part
10.11) and therefore subject to reburial in consultation with the OSA Indian
Advisory Council and the 26 tribes signing on to the SOI-approved Process for
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Reburial of Culturally Unidentifiable Native American Human Remains and
Associated Funerary Objects Originating from Iowa.
ii.If the human remains are determined or appear to be ancient (i.e., older than 150
years) the OSA Bioarcheology Program shall have jurisdiction to ensure that the
appropriate procedures in accordance with Chapters 263B and 716.5 of Iowa
Code are observed. The Iowa Department of Public Health has authority over
human remains less than 150 years old per Iowa Code Chapters 144.34,
523I.316, and 716.5.
iii.If determined to be ancient and of Native American ancestry, representatives of
the District, OSA, SHPO and appropriate tribes and tribal nations will confer at
the site, as is necessary, to examine the discovery, determine the likely
Undertaking impacts if left in place, and determine the most appropriate
avoidance, minimization, or mitigation measure(s) for dealing with the
discovery.
iv.If determined to be ancient and of non -Native American ancestry,
representatives of the District, OSA, SHPO, and identifiable descendant
community (ies) will confer and determine appropriate measures for avoidance,
minimization, or mitigation.
v.If determined to be less than 150 years in age and of Native American ancestry
but not of medico -legal significance, the SME will be requested to confer with
the District, OSA, SHPO, and appropriate tribes concerning compliance with
NAGPRA and other applicable state and federal laws.
2. At all times, human remains must be treated with the utmost dignity and respect, and in
the manner consistent with the ACHP's Policy Statement on the Treatment of Human
Remains, Burial Sites and Funerary Objects (February 23, 2007)
The Applicant shall ensure that the requirements of this Appendix are incorporated into all
construction contracts and are in keeping with confidentiality restrictions.
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