PROGRAMMATIC AGREEMENT

FOR THE
MITIGATION OF ADVERSE EFFECTS TO
ILLINOIS ARCHAEOLOGICAL HABITATION SITES
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE ILLINOIS DEPARTMENT OF TRANSPORTATION,
AND THE
IILINOIS STATE HISTORIC PRESERVATION OFFICER

WHEREAS, the Federal Highway Administration (FHWA) proposes to administer its Transportation Program in Illinois authorized by 23 U.S.C. 101 et seq. through the Illinois Department of Transportation (IDOT) (23 U.S.C. 315); and

WHEREAS, FHWA: (1) has determined that undertakings may have an adverse effect upon archaeological habitation sites included in or eligible for inclusion in the National Register of Historic Places; (2) has consulted with the Illinois State Historic Preservation Officer (SHPO) pursuant to Section 800.13 of the regulations (36 CFR 800) implementing Section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. 470f); (3) wishes to insure that IDOT will conduct its programs in a manner consistent with 36 CFR 800; and (4) intends to integrate its historic and archaeological preservation planning and management decisions with other policy and program requirements to the maximum extent possible consistent with Sec 110 of the NHPA; and

WHEREAS, 36 CFR Part 800 encourages Federal Agencies to efficiently fulfill their obligations under Section 106 of the NHPA through the development and implementation of cooperative programmatic agreements; and

WHEREAS, IDOT has participated in the consultation and has been invited to execute this Programmatic Agreement (PA); and

WHEREAS, in accordance with 36 CFR Part 800, the FHWA acknowledges and accepts the advice and conditions outlined in the Council's "Recommended Approach for Consultation on the Recovery of Significant Information from Archaeological Sites," published in the Federal Register on June 17, 1999; and

WHEREAS, the consulting parties agree that recovery of significant information from archaeological habitation sites which cannot be avoided may be done in accordance with the published guidance; and

WHEREAS, the consulting parties agree that it is in the public interest to expend funds to implement such projects through the recovery of significant information from archaeological habitation sites to mitigate the adverse effects of IDOT projects; and

WHEREAS, the consulting parties agree that Indian Tribes, whose representatives historically ceded lands in Illinois to the United States, and that may attach religious or cultural importance to the affected properties, have been consulted and have raised no objection to the work proposed; and

WHEREAS, to the best of our knowledge and belief, no human remains, associated or unassociated funerary objects or sacred objects, or objects of cultural patrimony as defined in the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001), are expected to be encountered in the archaeological work;

NOW, THEREFORE, the FHWA shall ensure that the following terms and stipulations will be implemented in a timely manner and with adequate resources in compliance with the National Historic Preservation Act of 1966 (16 U.S.C. 470).

OTHER TERMS AND STIPULATIONS:

1. The class of archaeological sites covered in this agreement are significant and are of value chiefly for the information on prehistory or history which they are likely to yield through archaeological, historical, and scientific methods of information recovery.

2. The class of archaeological sites covered by this agreement do not have long-term preservation value, are not known to possess special significance to another ethnic group or community, and do not have value for potential permanent in-situ display or public interpretation.

3. The FHWA, in cooperation with IDOT, will prepare a data recovery plan with a research design for the affected properties in consultation with the SHPO that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, the Secretary of the Interior's Standards and Guidelines for Archaeological and Historic Preservation, and the Advisory Council on Historic Preservation's Treatment of Archaeological Properties: A Handbook.

4. In the event of the discovery of unexpected prehistoric human burials the SHPO and the Indian Tribe or Tribes consulted will be notified. To fully satisfy coordination under 17 IAC 4170.300(d)(3) concerning the encounter of unanticipated burials, the notification of the discovery will be made to the county coroner and to the Illinois Historic preservation Agency. If the burial is not a crime scene as determined by the coroner, then it and any associated burial artifacts will be removed following procedures for recordation and reporting that are similar to those established under the Human Skeletal Remains Protection Act (20 ILCS 3440, 17 IAC 4170). Disposition of human remains and burial artifacts will be accomplished as determined under the provisions of the Act.

5. Modification, amendment, or termination of this agreement as necessary shall be accomplished by the signatories in the same manner as the original agreement.

6. Disputes regarding the completion of the terms of this agreement shall be resolved by the signatories. If the signatories cannot agree regarding a dispute, any one of the signatories may request the participation of the Council to assist in resolving the dispute.

Execution of the Programmatic Memorandum of Agreement by the Federal highway Administration, the Illinois Department of Transportation, and the Illinois State Historic Preservation Officer (SHPO), demonstrates that the Federal Highway Administration has afforded the SHPO an opportunity to comment on undertakings and their effects on archaeological habitation sites which meet the criteria for inclusion in the National Register of Historic Places.