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<br />Ml~n <br /> <br />.' <br /> <br />2. Lands to be irrigated under the Carriage Contract generally will be excluded from the area of <br />potential effect, ;1rovided there will be no new earth modification that has the potential to affect <br />cultural resources as a result of bringing water to these lands: a) the plow zone (depth of previous <br />disturbance) won't change, b) no new land leveling that could affect cultural resources will <br />occur, and c) no previously uncultivated lands will be impacted. For areas where these <br />provisions cannot be met, a similar process to that described for No.1, above, will be followed. <br /> <br />In order to carry out these commitments, the oweD will inform Reclamation where these <br />ground disturbing activities will occur. Based on this information, a determination will be made <br />by Reclamation in consultation with the DWCD and their archeological consultant whether or <br />not the activities have the potential to cause effects to cultural resources and require further <br />review. The subsequent level of review will be determined on a case-by-case basis. It is planned <br />to complete any cultural resource reviews on private lands early in the process, prior to new <br />irrigation water being available. <br /> <br />3. Reclamation will continue to consult with Native American Tribes about the Carriage <br />eontract. This can be handled with a process described under 36 CFR 800.10 which provides a <br />vehicle of using NEP A. Reclamation will distribute the final Environmental Assessment (EA) <br />containing a description of the general area of potential effect and the methods to be employed to <br />all tribes which have a cultural connection to sites which may be encountered during the <br />development of irrigation under the Carriage eontract. This includes the western Pueblos, the <br />Ute Tribes, and the Navajo Tribe, at a minimum. <br /> <br />,4. The Carriage Contract will require the OWeD to commit to Reclamation's cultural resources <br />requirements, including a method to monitor whether treatment measures are effective. <br />An example of monitoring would be to observe whether avoidance measures are successful in <br />missing sites during construction or operations. For example, pipelines could be designed to <br />avoid sites visible on the surface, but actual observance of the trenching could be necessary to <br />assure portions of sites not visible from the surface are avoided or protected. <br /> <br />5. If a Finding of No Significant Impact is signed, it will reference the cultural resources <br />stipulations for compliance. <br /> <br />The first step in the compliance process is for Reclamation to identifY the area of potential effect. <br />This can be accomplished when DWCD furnishes Reclamation with an accurate, complete and <br />detailed description of the undertaking. This description will identifY all areas to be impacted by <br />the DWCD and by individual farmers (with regard to land leveling and change in plow zone <br />depth). The identification, location. and recordation of on-the-ground cultural resources then will <br />be accomplished through a contract requirement with the DWCD that any land disturbing <br />activities, that have the potential to affect cultural resources, may be subject to a cultural <br />resources survey. The resulting cultural resources survey will result in a professional report on <br />the fmdings. <br /> <br />In its role as lead Federal agency, Reclamation will review the DWCD documentation for <br /> <br />17 <br />