Difference between revisions of "107.09 Archeological and Historical Findings"

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<center>[http://mdotcf.state.mi.us/public/specbook/files/2012/107%20Legal%20Rel,%20Resp%20to%20Public.pdf 2012 STANDARD SPECIFICATIONS FOR CONSTRUCTION - SECTION 107]</center>
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<div style="text-align: center;">[mailto:Change?body=http://mdotwiki.state.mi.us/construction/index.php/107.09_Archeological_and_Historical_Findings Email this Page]</div>
 
<div style="text-align: center;">[mailto:Change?body=http://mdotwiki.state.mi.us/construction/index.php/107.09_Archeological_and_Historical_Findings Email this Page]</div>
 
==[[#ARCHEOLOGICAL AND HISTORICAL FINDINGS|ARCHEOLOGICAL AND HISTORICAL FINDINGS]]==
 
==[[#ARCHEOLOGICAL AND HISTORICAL FINDINGS|ARCHEOLOGICAL AND HISTORICAL FINDINGS]]==
  
Subsection [http://mdotcf.state.mi.us/public/specbook/files/2012/107%20Legal%20Rel,%20Resp%20to%20Public.pdf 107.09] of the Standard Specifications for Construction briefly discusses what should take place if what appear to be bones, artifacts or buried foundations of potentially historical or archaeological significance are encountered during construction.  The following details the policy and procedure to be followed if these same types of findings are made on a project.
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MDOT’s archaeologist, Environmental Services Section, is solely responsible for administration of MDOT Trunkline cultural resources preservation requirements, in accordance with applicable federal, state and local laws, regulations and rules, including the National Environmental Protection Act (NEPA) and the National Historic Preservation Act (NHPA).
  
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In accordance with subsection 107.09 of the Standard Specifications for Construction the following procedure must take place if items of potentially historical significance (such as bones, artifacts or buried foundations) are encountered during construction.  '''All project personnel shall treat any discovery as confidential.  Photographs of finds may not be taken.'''                                       
  
===[[#Policy|Policy]]===
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The laws include, but are not limited to, the following: 
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* Contacting the appropriate law enforcement/medical agency in the case of human remains discovery in compliance with [http://www.legislature.mi.gov/(S(lepygpsc0qtdad5texio4mb0))/mileg.aspx?page=GetObject&objectname=mcl-333-2853 Section 2853 of the Public Health Code, MCL 333.2853]; MSA 14.15 (2853); 1982 AACS, R 325.8051.
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* No further construction in the area of discovery will proceed until the requirements of [https://www.ecfr.gov/current/title-36/chapter-VIII/part-800/subpart-B/section-800.13 36 CFR 800.13] have been satisfied. 
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* Information about historic properties, potential historic properties, or properties considered historic are or may be subject to the provisions of [https://www.gsa.gov/cdnstatic/NHPA.pdf Section 304 of The National Historic Preservation Act (NHPA)] and the [http://www.legislature.mi.gov/(S(u2bbr3jgzq3h3s3sir3kf3ci))/mileg.aspx?page=GetObject&objectname=mcl-15-231 Michigan Complied Laws § 399.4a; § 15.231(l)(p) (Freedom of Information Act)].  These statutes allow MDOT to withhold from disclosure to the public.  Information about the location, character, or ownership of a historic resource if MDOT determines that disclosure may:
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:: 1) cause a significant invasion of privacy;
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:: 2) risk harm to the historic resource; or
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:: 3) impede the use of a traditional religious site by practitioners. 
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* Michigan law states, any person who willfully digs up, disinters, or moves human remains from their place of burial, or who aids in such activities without being lawfully authorized to do so can be found guilty of a felony punishable by up to 10 years in prison and a fine of up to $5000.
  
MDOT’s archaeologist, Environmental Services Section, is solely responsible for administration of MDOT cultural resources preservation requirements, in accordance with applicable federal, state and local laws, regulations and rules, including the National Environmental Protection Act (NEPA) and the National Historic Preservation Act (NHPA).  The Engineer will ensure that the Contractor(s) immediately cease operations and contact MDOT’s archaeologist for direction when cultural resources, such as bones, artifacts and/or buried foundations, are encountered during operations.
 
  
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:Engineer will:
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::* Immediately direct the Contractor to cease operations and preserve the location/s of the item discovery (per specification)
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::* Immediately contact [https://www.michigan.gov/mdot/0,4616,7-151-9623_11154-22167--,00.html MDOT's archeologist] for consultation.
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::* Immediately contact local law enforcement if discovery appears to be human remains
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::* Provide plan of action to the Contractor, in consultation with MDOT’s Archeologist. 
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::* Order Contractor to resume operations in the affected work area only after approval from the MDOT Archeologist.
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::* Review any Contractor requests for extension of time and/or adjustments. 
  
===[[#Procedure|Procedure]]===
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:MDOT’s Archeologist will:
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::* Provide the Engineer direction as deemed prudent and necessary, including how to maintain compliance with applicable laws, regulations, and rules
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::* Immediately consultant with state archaeologist, SHPO, Tribes, and others, if necessary, to determine an appropriate course of action.
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::* Arrange a site visit with appropriate parties, if needed, to make determination.
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::* If necessary, coordinate cultural resource work which may include obtaining disinterment/reinterment court orders/permits for human remains or any other necessary clearances. 
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::* Provide Engineer with appropriate course of action if suspension of work in discovery area is necessary.  Assist in designing a plan for avoiding, minimizing, or mitigating adverse effects to the discovery area. 
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::* Provide Engineer with approval to resume operations.
  
In the event that during operations on MDOT projects, MDOT construction personnel/Contractor personnel encounter bones, artifacts or buried foundations of potential historical or archaeological significance, they will immediately cease operations in that location and notify MDOT’s Engineer.  MDOT’s Engineer will, immediately upon stopping work in the affected area, contact MDOT’s archaeologist for consultation and direction.
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MDOT’s Engineer will investigate the site and will, only after consulting with MDOT’s archaeologist, direct MDOT’s personnel/Contractor personnel to either resume operations or to continue the suspension of operations as specified herein and provided under the authority of subsection [http://mdotcf.state.mi.us/public/specbook/files/2012/107%20Legal%20Rel,%20Resp%20to%20Public.pdf 107.09] of the Standard Specifications for Construction.
 
 
 
Upon notification by MDOT’s Engineer, MDOT’s archaeologist will provide such direction to MDOT’s Engineer as necessary to maintain compliance with applicable laws, regulations and rules including, but not limited to, the following:
 
 
 
* Contacting the appropriate law enforcement/medical agency in the case of human remains discovery in compliance with Section 2853 of the Public Health Code, MCL 333.2853; MSA 14.15 (2853); 1982 AACS, R 325.8051.
 
*: '''NOTE:''' In the event MDOT’s Engineer believes the discovery to be human remains, MDOT’s Engineer will immediately contact local law enforcement officials along with MDOT’s archaeologist.
 
* Arranging a site visit by MDOT’s archaeologist, state archaeologist, or others as necessary for prompt and appropriate assessment, determination and action.
 
* Providing clearance for MDOT’s Engineer to resume operations.
 
* Any other directions as deemed prudent and necessary by MDOT’s archaeologist.
 
  
MDOT’s archaeologist will immediately consult with the state archaeologist to determine the appropriate course of action and notify MDOT’s Engineer of the determination.
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===[[#LAP Project Considerations|LAP Project Considerations]]===
  
MDOT’s archaeologist is responsible for all necessary coordination and performance of the cultural resource work required by MDOT, including obtaining disinterment/reinterment court orders/permits for human remains if necessary, to obtain clearances and resume operations.
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LAP Projects are subject to the [https://mdotwiki.state.mi.us/construction/index.php/107.09_Archeological_and_Historical_Findings same guidance] except the following procedures must be followed:
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The Engineer must immediately notify the [https://mdotwiki.state.mi.us/construction/index.php/Local_Agency_Program_(LAP)#Definitions MRC/DR and LRC].  In lieu of contacting the MDOT Archeologist, the Engineer is to contact the [https://www.miplace.org/historic-preservation/about-shpo/contact-shpo/ State Historical Preservation Office (SHPO) Archeologist] for consultation and direction.  The DR may consult with the MDOT Archeologist.  
  
The order to resume operations for the affected work will be issued by MDOT’s Engineer only after a clearance is received from the MDOT archaeologist
 
  
 
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Latest revision as of 10:25, 4 January 2022

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ARCHEOLOGICAL AND HISTORICAL FINDINGS

MDOT’s archaeologist, Environmental Services Section, is solely responsible for administration of MDOT Trunkline cultural resources preservation requirements, in accordance with applicable federal, state and local laws, regulations and rules, including the National Environmental Protection Act (NEPA) and the National Historic Preservation Act (NHPA).

In accordance with subsection 107.09 of the Standard Specifications for Construction the following procedure must take place if items of potentially historical significance (such as bones, artifacts or buried foundations) are encountered during construction. All project personnel shall treat any discovery as confidential. Photographs of finds may not be taken.

The laws include, but are not limited to, the following:

1) cause a significant invasion of privacy;
2) risk harm to the historic resource; or
3) impede the use of a traditional religious site by practitioners.
  • Michigan law states, any person who willfully digs up, disinters, or moves human remains from their place of burial, or who aids in such activities without being lawfully authorized to do so can be found guilty of a felony punishable by up to 10 years in prison and a fine of up to $5000.


Engineer will:
  • Immediately direct the Contractor to cease operations and preserve the location/s of the item discovery (per specification)
  • Immediately contact MDOT's archeologist for consultation.
  • Immediately contact local law enforcement if discovery appears to be human remains
  • Provide plan of action to the Contractor, in consultation with MDOT’s Archeologist.
  • Order Contractor to resume operations in the affected work area only after approval from the MDOT Archeologist.
  • Review any Contractor requests for extension of time and/or adjustments.
MDOT’s Archeologist will:
  • Provide the Engineer direction as deemed prudent and necessary, including how to maintain compliance with applicable laws, regulations, and rules
  • Immediately consultant with state archaeologist, SHPO, Tribes, and others, if necessary, to determine an appropriate course of action.
  • Arrange a site visit with appropriate parties, if needed, to make determination.
  • If necessary, coordinate cultural resource work which may include obtaining disinterment/reinterment court orders/permits for human remains or any other necessary clearances.
  • Provide Engineer with appropriate course of action if suspension of work in discovery area is necessary. Assist in designing a plan for avoiding, minimizing, or mitigating adverse effects to the discovery area.
  • Provide Engineer with approval to resume operations.

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LAP Project Considerations

LAP Projects are subject to the same guidance except the following procedures must be followed: The Engineer must immediately notify the MRC/DR and LRC. In lieu of contacting the MDOT Archeologist, the Engineer is to contact the State Historical Preservation Office (SHPO) Archeologist for consultation and direction. The DR may consult with the MDOT Archeologist.


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