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Chapters 1 - U.S. Fish and Wildlife Service

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Chapter 5 <br />

An archaeological monitor, meeting the Secretary of the Interior’s Guidelines, would be<br />

present during ground-disturbing activities in areas of sensitivity for archaeological<br />

resources. These areas include any dry section within the Refuge, as well as previously<br />

undisturbed wetl<strong>and</strong> areas <strong>and</strong> any areas located in proximity to previously identified sites<br />

(e.g., CA-ORA-1463, CA-ORA-1455, P-30-001503, P-30-001504) whether they occur on the<br />

Refuge or on the adjacent NWS.<br />

If any cultural resources are discovered during excavation, all earthwork on the site would be<br />

halted <strong>and</strong> the Regional Historic Preservation Officer would be contacted to review the materials<br />

<strong>and</strong> recommend a treatment that is consistent with applicable laws <strong>and</strong> policies. The treatment<br />

plan would likely require the boundaries of the site to be defined before excavation can be<br />

reinitiated in an area well away from the discovered resource. The site would also be recorded <strong>and</strong><br />

evaluated for eligibility to the NRHP. Once this work is completed, additional measures may be<br />

required depending upon the results of the eligibility determination. If any site is encountered<br />

that is determined to be eligible to the NRHP, the <strong>Service</strong> would consult with SHPO, federally<br />

recognized Tribes, <strong>and</strong> interested parties. Implementation of the procedures described above is<br />

expected to avoid adverse effects to cultural resources.<br />

To identify <strong>and</strong> preserve traditional cultural properties <strong>and</strong> sacred sites <strong>and</strong> to determine the level<br />

of confidentiality necessary to protect them, the Refuge would work with interested tribal groups<br />

to establish government-to-government relationships that would ensure meaningful consultation<br />

with tribal governments during the planning phase of projects. The <strong>Service</strong> would also work with<br />

interested tribal groups to create a Memor<strong>and</strong>um of Underst<strong>and</strong>ing (MOU) to implement the<br />

inadvertent discovery clause of NAGPRA. Development of this MOU would involve identifying the<br />

Native American Tribes, Groups, <strong>and</strong> direct lineal descendants that may be affiliated with these<br />

Refuge l<strong>and</strong>s, initiating consultation with the affiliated parties, developing procedures to follow for<br />

intentional <strong>and</strong> inadvertent discoveries, <strong>and</strong> identifying the persons to contact for the purposes of<br />

NAGPRA.<br />

Public Use<br />

The effects of implementing the public use proposals in Alternative B would be the same as those<br />

described under Alternative A.<br />

5.6.3 Alternative C (Proposed Action) – Optimize Upl<strong>and</strong>/Wetl<strong>and</strong> Restoration, Improve<br />

Opportunities for <strong>Wildlife</strong> Observation<br />

<strong>Wildlife</strong> <strong>and</strong> Habitat Management<br />

Like Alternative B, Alternative C proposes habitat restoration for various locations within the<br />

Refuge. The measures described in Alternative B would also be implemented under Alternative C;<br />

therefore, with the implementation of these measures, no significant adverse effects to cultural<br />

resources as a result of habitat restoration are anticipated.<br />

The only other wildlife <strong>and</strong> habitat management action proposed under Alternative C that could<br />

have an effect on cultural resources is the proposal to remove the drop tower. If the tower is still<br />

st<strong>and</strong>ing after 2014, it will have been in place for 50 years <strong>and</strong> would be required to be evaluated<br />

for listing on the NRHP prior to formally proposing its removal. If the structure is determined to<br />

be eligible to the NRHP, plans to demolish the structure would have to be assessed for potential<br />

effects to the historic property. Because the proposal calls for the removal of the structure, if it is<br />

deemed eligible to the NRHP, mitigation must be developed <strong>and</strong> stipulated in a Memor<strong>and</strong>um of<br />

Agreement (MOA) with SHPO <strong>and</strong> the Advisory Council on Historic Preservation. Other<br />

5-70 Seal Beach National <strong>Wildlife</strong> Refuge

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