tions from the Commissioner govern the actions of Reclamation.

(b) Surveys. Cultural resources surveys and inventory reports will be completed for all Reclamation lands and existing projects as well as for those areas which may be affected by a Reclamation action or where Reclamation actions and projects are currently being planned.

(1) Levels of surveys.The Bureau of Reclamation conducts three levels of surveys.

(i) Class I survey. A class I survey is primarily a literature search. It consists of consulting the National Register of Historic Places and supplemental National Register listings to determine whether any National Register eligible/listed properties exist in the area of a Reclamation action or on lands under Reclamation's administration. It also includes contacting the SHPO, State Archaeologist, State Historian, State Historical Society, and/ or other appropriate individuals, agencies, or institutions to determine what cultural resources may be present in an area and what kind of additional information may be needed for an adequate inventory of cultural resources. Regional records shall also be examined for potentially eligible properties on lands under Reclamation's administration.

(ii) Class II survey. A class II survey is a field examination of the area to be affected by a Reclamation action or on lands under Reclamation's administration in an attempt to determine the presence or absence of cultural resources. This type of survey might be an on-the-ground examination and/or an evaluation covering an adequate sample percentage of the total study area which may be studied more intensively during class III surveys. Class II surveys might include remote sensing techniques and/or sampling procedures. Class II surveys are designed to aid in determining the necessity for a class III survey and may be combined with a class I survey or bypassed in favor of a class III survey.

(iii) Class III surveys. A class III survey consists of an intensive on-theground examination of all the areas to be affected by a Reclamation action or on lands under Reclamation's adminis

tration. It is designed to locate and make a preliminary professional evaluation of all identified cultural resources. All cultural resources identified as signficant as a result of a class III survey will then be nominated to the National Register of Historic Places or a determination of eligibility will be sought. A class III survey may require test excavations for the purpose of evaluating the cultural re

sources.

(2) Surveys during preparation of pre-authorization appraisal investigation and feasibility investigations. Each planning investigation conducted by Reclamation shall include, in its initial steps, a survey of the cultural resources in the planning area. The type of survey shall be consistent with the level of detail of the planning investigation. Class I surveys are normally undertaken during the preparation of an appraisal report or the compilation of initial resource base information for the multiple objective planning (MOP) effort. Class I surveys should be undertaken at the beginning of a cultural resources evaluation in order to minimize the possibility of duplication of effort. The results of a class I survey may be used in the evaluation of alternative plans. Class II surveys are normally undertaken during the feasibility investigation. To complete the feasibility investigation, a class III survey is necessary to permit the completion of the identification, determination of eligibility and nomination process when potential National Register sites are located or indicated to be present in a class II survey. If the projected cost of a class III survey is unusually high, clearance will be obtained from the Commissioner's office before proceeding with the survey. A class III survey may not be possible during preparation of pre-authorization appraisal investigation and feasibility investigation when access to private lands is denied or when pre-authorization planning investigations are terminated because of Congressional action.

(3) Surveys during post-authorization definite plan report preparation and/or construction. Class III surveys should be completed before approval of a definite plan report. For those

projects where completion of surveys required in § 422.3(b)(2) was not done because project implementation preceded passage of applicable cultural resource laws, or because access was denied, or because Congress authorized the project, class III surveys must be completed on Reclamation project areas or areas subject to a Reclamation action at the earliest possible date.

(4) Surveys on completed projects and surveys on Reclamation-administered lands. On areas not previously surveyed for cultural resources, investigations shall begin with a class I survey. Class III surveys of the area should then be conducted unless it is established that surveys by others, consistent with these procedures (43 CFR Part 422), have already been performed to determine the existence of cultural resources and their significance.

(c) Determination of significance of cultural resources. (1) Evaluation of cultural resources that may qualify for the National Register of Places.

All

Historic

cultural resources inventoried during a class I, II, or III survey, except those already eligible/listed on the National Register, shall be evaluated for their potential significance based on National Register criteria (36 CFR 60.6) and other local or State interest. Qualified professionals, including the SHPO, State Historian and State Archaeologist, may assist Reclamation in this early assessment of significance process. When there is general agreement that a specific cultural resource property has little or no signficance, no further consideration need be given to the property under this part (43 CFR Part 422).

(2) Determination of Eligibility of Cultural Resources for the National Register of Historic Places.

Reclamation shall apply the National Register criteria for evaluation contained in 36 CFR 60.6 to each cultural resource found to be of some signficance in § 422.3(c)(1). If Reclamation and the SHPO agree that a property meets the criteria, the documentation (36 CFR 63.3) will be sent to the Keeper of the National Register of

Historic Places. An official determination by the Keeper will be made within 10 working days of receipt of the documentation. If any question exists on whether a property meets the criteria, Reclamation will send the documentation required in 36 CFR 63.2(d)—including the comments of the SHPO-to the Keeper of the National Register. In these cases, the Keeper has 45 days after receipt of the material in which to respond (See 36 CFR 63.2(e)). If Reclamation determines that a cultural resource does not appear to meet the critiera and the SHPO agrees, or if the Keeper of the National Register determine a property is not eligible for the National Register, further consideration of the property shall be handled according to § 422.3(e)(2). The procedures in § 422.3 (d) and (e)(1) shall be applied to all cultural resource properties determined to be eligible for the National Register of Historic Places.

(d) Nomination to the National Register of Historic Places. Reclamation will apply the nomination process set forth in 36 CFR Part 60 to all cultural resource properties determined to be eligible for the National Register. All regional level work will be conducted in consultation with the Archaeologist, E&R Center. Copies of the nomination forms will be sent to the SHPO for his comments. Information copies will be provided to the State Historian and State Archaeologist. Regional Directors will submit completed nomination forms to the Archaeologist, E&R Center, for review and processing in accordance with the Department of the Interior procedures.

(e) Determination of project effect on cultural resource properties. Each Reclamation action will be analyzed in consultation with the SHPO to determine its effect on identified cultural resources.

(1) For properties eligible/listed on the National Register of Historic Places.

(i) Determination of no effect. Determination that a Reclamation action will have no effect upon a National Register eligible/listed cultural resource must be adequately documented and shall be the result of a professional evaluation based on the applica

tion of the "Criteria of Effect" set forth in 36 CFR 800.8. Should such a finding ensue, Reclamation shall seek the concurrence of the SHPO in consultation with the Archaeologist, E&R Center. Should the SHPO agree, the action may proceed without further consultation.

(ii) Cultural resource affected. Reclamation will apply the criteria of adverse effect, set forth in 36 CFR 800.9, to determine whether the effect of the undertaking is adverse.

(A) Determination of no adverse effect. Upon finding the effect not to be adverse, adequate documentation will be sent to the SHPO for his views. If the SHPO agrees, or if he disagrees but Reclamation still believes that the effect will not be adverse, the documented determination of no adverse effect along with the SHPO's comments will be submitted to the Advisory Council on Historic Preservation, after consultation with the Archaeologist, E&R Center. Unless the Advisory Council objects to Reclamation's findings within 45 days of the Council's receipt of the documentation, Reclamation's action may proceed without further consultation.

(B) Determination of adverse effect. Should it be determined that a Reclamation action will have an adverse effect on a National Register eligible/ listed cultural resource, Reclamation shall submit the documentation to the Advisory Council on Historic Preservation after consultation with the Archaeologist, E&R Center (See § 422.3(f)). Subsequent consultation with the SHPO and the Advisory Council should follow the Advisory Council procedures set forth in 36 CFR 800.5.

(2) Properties ineligible for the National Register of Historic Places. If a cultural resource property is determined to be ineligible for the National Register, there may be State, local, or private interest in its conservation. Consultations concerning the disposition of an affected property shall be concluded with the interested parties and the Archaeologist, E&R Center.

(f) Notification to the Advisory Council on Historic Preservation. The Advisory Council on Historic Preservation will be notified in accordance with

either of the following two plans when Reclamation action will have an effect on any National Register eligible/ listed cultural resources.

(1) When section 102(2)(C) of NEPA is applicable to a Reclamation action or when there is a proposal or action for which Reclamation has lead agency status for preparation of the environmental statement, notification should be accomplished through documentation of the effects incorporated in the draft environmental statement (DES). The DES should discuss, to the extent possible at the time of its issuance, all determinations of significance of cultural resources made pursuant to § 422.3(c).

(2) When section 102.(2)(c) of NEPA is not applicable to a Reclamation action or when the Reclamation action is a part of the post authorization activities (includes operation and maintenance) but an effect on one or more National Register eligible/listed cultural resources is identified, notification should be accomplished by providing the Advisory Council with documentation, as appropriate, in accordance with procedures in 43 CFR Part 422 and 36 CFR 800.4(e).

(g) Cultural resources mitigation objectives. It is the policy of Reclamation that mitigation funding for cultural resources, where appropriate, will be provided concurrent and proportionate with expenditures for construction activities as directed in the President's water resource policy message of June 6, 1978. To the fullest extent possible, it is Reclamation's objective to preserve cultural resources, in situ, and total avoidance of adverse effects should always be attempted. However, when all factors and elements related to a Reclamation action are evaluated from the overall public benefit standpoint, it is possible that some cultural resources may be adversely affected through destruction or alteration. In such cases, Reclamation will plan for and implement positive mitigating measures to reduce or counter those effects. Project planning reports and, when applicable, the final environmental statement (under section 102(2)(C) of NEPA), in addition to identifying the adverse effects, will describe the mitigation plans to

the extent they have been resolved in consultation with the SHPO and the Advisory Council on Historic Preservation even though a memorandum of agreement has not yet been executed. Mitigation measures should be appropriate to the nature and importance of the cultural resource in question. For example, mitigation for a property possessing architectural merit or heritage values will necessarily differ from that for a property important only for the information it may contain. Mitigation measures may include recording by photographs and measured drawings of the cultural resource; archaeological excavation to recover data and materials; relocation of a structure or salvage of its architectural features, or other steps that will insure full knowledge of the affected cultural resource. In all cases, there will be preservation of such physical features as may be possible. The measures also should include provisions for analysis and publication of information collected and deposition of recovered artifacts and materials where they may be of public and educational benefit. Recordation of cultural resources to be destroyed or altered by Federal action is required by section 2(c) of Executive Order 11593. Section 2(f) of Executive Order 11593 specifies certain provisions for historic preservation in the event of the transfer or sale of cultural resources to other agencies or owners. If any Federal cultural resource property is to be removed from Reclamation's jurisdiction or control, provisions for the protection of cultural resources shall be integrated into the action in conformance with the requirements of section 2(f). Such provisions would include mitigation of any adverse effects on cultural resources that might occur as an indirect result of the transfer.

(h) Conclusion of consultation with the Advisory Council on Historic Preservation for cultural resources adversely affected. The execution of a memorandum of agreement among the Advisory Council, SHPO and Reclamation normally concludes the consultation process set forth in 36 CFR 800.5 and no Reclamation action which would alter, destroy, modify or relo

cate the cultural resource will be initiated until the agreement is completed. (i) Cultural resources discovered during construction. All construction contracts arising from a Reclamation action shall provide specifications for the contracting officer to order delays or changes in work when a cultural resource is discovered during the construction phase. If appropriate, the contract price may be adjusted because of delays or the work order change. Reclamation will apply the procedures in this part (43 CFR Part 422) before any further work on the site may proceed.

(j) Curatorial responsibilities. Cultural resources on Federal lands are the property of the United States and the Bureau of Reclamation may delegate curatorial responsibilities for materials recovered from cultural resources site explorations or studies done under contract. Arrangements may be made with museums, universities, institutions and/or other agencies to provide storage and curatorial services. These materials may be maintained by the holding institution, if not required by Reclamation for interpretive displays. All curatorial services will be arranged in consultation with the Archaeologist, E. & R. Center. Curatorial responsibility for paleontological and archaeological materials recovered under the American Antiquities Act of 1906 will be precessed in accordance with the uniform rules and regulations set forth in 43 CFR Part 3.

§ 422.4 Coordination with other agencies and entities.

Coordination with other agencies and entities having responsibilities for cultural resources is required in all phases of the Bureau of Reclamation's project planning and execution. These contacts include the appropriate State Historic Preservation Officer, the Heritage Conservation and Recreation Service for properties eligible/listed in the National Register, and the advisory Council on Historic Preservation. Coordination should also occur with other public interest groups, State Archaeologists and Historians, State and local archaeological and/or historical societies, other State and Federal

(a) Program establishment. Reclamation, through each Regional Director, will establish a program to insure that proposed and existing Reclamation activities under his jurisdiction are executed according to the provisions of these regulations (43 CFR Part 422).

(b) Funding. (1) Pre-authorization activities. Cultural resource surveys, classes I, II, and III where needed, will be funded from monies appropriated for general investigations leading to preparation of appraisal and feasibility investigations as well as statements/assessments pursuant to the National Environmental Policy Act (NEPA).

(2) Post-authorization activities—(i) Surveys. Funding for Reclamation's cultural resource surveys, classes I and II, if not already accomplished and class III which must be done within the post-authorization period, will be funded out of monies appropriated for a post-authorization work program.

(ii) Recovery work. Under the authority of Pub. L. 93-291, Reclamation may utilize up to 1 percent of the total cost of a project for data recovery, mitigation, protection and maintenance work, and may request additional funds when necessary.

(3) Nonreimbursable. Cost for cultural resource activities in the pre-authorization stage and pursuant to Pub. L. 93-291 will be considered as nonreimbursable project costs.

(c) Contracts. Contracting for consultant services, not available in Reclamation, may be either direct with a qualified firm, institution or individual, or through transfer of funds to other agencies with special expertise. Direct contracting, in accordance with

existing procedures and procurement restrictions, will enable Reclamation to maintain more effective internal control over the contract. If determined appropriate by the contracting officer, all direct contracts, purchase orders, or transfers of funds for cultural resource work and the selection of contractors shall be reviewed by the Archaeologist, E. & R. Center, prior to execution of the contract or transfer agreement. Copies of all actions taken by a Regional Director shall be provided to the Archaeologist, E. & R. Center.

(d) Concurrent actions. Actions requiring compliance with Executive Order 11593 and 36 CFR Part 800, should be grouped together, to the extent possible, to eliminate repetitive reviews, particularly during pre-authorization activities. In some cases, it may be possible to group all 36 CFR Part 800 consultations on a number of properties into one package for an overall plan. In other cases, consultation on the plan may identify specific aspects of the plan that will require renewed consultations when more detailed project information is developed and affected resources are more completely identified. The Archaeologist, E. & R. Center, shall be advised in the initiation of such "programmatic" consultations.

§ 422.6 Records and reports.

(a) Record of actions involving cultural resources. A record shall be kept of all Reclamation actions involving cultural resources. These records shall include, but are not limited to, contracts for work, contract completion reports, National Register nomination forms (36 CFR Part 60), relevant correspondence, and any other information that will aid future Reclamation actions in regard to cultural resources.

(b) Technical reports. Prior to Reclamation's acceptance of completed contractual obligations, all reports concerning surveys, studies, and/or mitigation efforts shall be reviewed for technical accuracy, completeness, and adequacy by the Archaeologist, E. & R. Center, and/or others he may designate. Copies of final accepted reports shall be furnished to: