Common use of Applicability and Scope Clause in Contracts

Applicability and Scope. A. This Agreement sets forth the process by which FHWA will meet its responsibilities under Section 106 of the NHPA, with the assistance of VTrans, for transportation projects in the Federal-Aid Highway Program classified as categorical exclusions under 23 CFR § 771.115 and 23 CFR § 771.117 Federal Aid Transportation Projects in the State of Vermont. This Agreement establishes the basis for VTrans’ review of individual Federal Aid Transportation Projects and how VTrans will notify and consult with SHPO, FHWA, and individuals and organizations that may be invited to be Section 106 consulting parties. The objective of this Agreement is to make more efficient the methods by which FHWA and VTrans review individual undertakings that may affect historic properties and to establish the process by which FHWA, VTrans, SHPO, and ACHP will be involved in any such review. B. This Agreement applies to Categorical Exclusion level Federal Aid Transportation projects. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA are not covered by this Agreement and will be reviewed by FHWA and VTrans in accordance with the procedures of 36 CFR Part 800. C. Cooperating Federal Agencies that recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106 of NHPA according to 36 CFR § 800.2(a)(2), provided that FHWA and VTrans follow the requirements of this Agreement and the cooperating agency’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and VTrans. D. At any time, VTrans may choose to conduct the Section 106 review for a Federal Aid Transportation Project by following the procedures in 36 CFR Part 800 rather than by following the procedures in this Agreement. VTrans and FHWA will also conduct the Section 106 review for a Federal Aid Transportation Project under the procedures in 36 CFR Part 800 if SHPO, ACHP, or FHWA so requests. Undertakings resulting in Adverse Effects shall follow the procedures in 36 CFR Part 800. E. State-funded actions that do not involve FHWA federal funding or permits are not subject to the terms of this Agreement.

Appears in 1 contract

Samples: Programmatic Agreement

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Applicability and Scope. A. This Agreement sets forth the process by which FHWA will meet its responsibilities under Section 106 of the NHPA, with the assistance of VTrans, for transportation projects in the Federal-Aid Highway Program classified as categorical exclusions under 23 CFR § 771.115 and 23 CFR § 771.117 Federal Aid Transportation Projects in the State of Vermont. This Agreement establishes the basis for VTrans’ review of individual Federal Aid Transportation Projects and how VTrans will notify and consult with SHPO, FHWA, and individuals and organizations that may be invited to be Section 106 consulting parties. The objective of this Agreement is to make more efficient the methods by which FHWA and VTrans review individual undertakings that may affect historic properties and to establish the process by which FHWA, VTrans, SHPO, and ACHP will be involved in any such review. B. This Agreement applies to Categorical Exclusion level Federal Aid Transportation projects. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA are not covered by this Agreement and will be reviewed by FHWA and VTrans in accordance with the procedures of 36 CFR Part 800. C. Cooperating X. Xxxxxxxxxxx Federal Agencies that recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106 of NHPA according to 36 CFR § 800.2(a)(2), provided that FHWA and VTrans follow the requirements of this Agreement and the cooperating agency’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and VTrans. D. At any time, VTrans may choose to conduct the Section 106 review for a Federal Aid Transportation Project by following the procedures in 36 CFR Part 800 rather than by following the procedures in this Agreement. VTrans and FHWA will also conduct the Section 106 review for a Federal Aid Transportation Project under the procedures in 36 CFR Part 800 if SHPO, ACHP, or FHWA so requests. Undertakings resulting in Adverse Effects shall follow the procedures in 36 CFR Part 800. E. State-funded actions that do not involve FHWA federal funding or permits are not subject to the terms of this Agreement. F. Vermont State-owned Historic Sites and properties with historic preservation easements held by the SHPO are not subject to the terms of this Agreement. G. This agreement applies to Section 4(f) de minimis determinations for historic properties when the project will result in “no adverse effect” or “no historic properties affected” under Section 106 of the National Historic Preservation Act.

Appears in 1 contract

Samples: Programmatic Agreement

Applicability and Scope. A. This Agreement sets forth the process by which FHWA will meet its responsibilities under Section 106 of the NHPA, with the assistance of VTrans, for transportation projects in the Federal-Aid Highway Program classified as categorical exclusions under 23 CFR § 771.115 and 23 CFR § 771.117 Federal Aid Transportation Projects in the State of Vermont. This Agreement establishes the basis for VTrans’ review of individual Federal Aid Transportation Projects and how VTrans will notify and consult with SHPO, FHWA, and individuals and organizations that may be invited to be under Section 106 of the NHPA consulting parties. The objective of this Agreement is to make more efficient the methods by which FHWA and VTrans review individual undertakings that may affect historic properties and to establish the process by which FHWA, VTrans, SHPO, and ACHP will be involved in any such review. B. This Agreement applies to Categorical Exclusion level Federal Aid Transportation projects. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA are not covered by this Agreement and will be reviewed by FHWA and VTrans in accordance with the procedures of 36 CFR Part 800. C. Cooperating Federal Agencies X. Xxxxxxxxxxx federal agencies that recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106 of NHPA according to 36 CFR § 800.2(a)(2), provided that FHWA and VTrans follow the requirements of this Agreement and the cooperating agency’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and VTrans. D. At any time, VTrans may choose to conduct the Section 106 review for a Federal Aid Transportation Project by following the procedures in 36 CFR Part 800 rather than by following the procedures in this Agreement. VTrans and FHWA will also conduct the Section 106 review for a Federal Aid Transportation Project under the procedures in 36 CFR Part 800 if SHPO, ACHP, or FHWA so requests. Undertakings resulting in Adverse Effects shall follow the procedures in 36 CFR Part 800. E. State-funded actions that do not involve FHWA federal funding or permits are not subject to the terms of this Agreement. F. Vermont State-owned Historic Sites and properties with historic preservation easements held by the SHPO are not subject to the terms of this Agreement. G. This agreement applies to Section 4(f) de minimis determinations for historic properties when the project will result in “no adverse effect” or “no historic properties affected” under Section 106 of the National Historic Preservation Act.

Appears in 1 contract

Samples: Programmatic Agreement

Applicability and Scope. A. This Agreement sets forth the process by which FHWA will meet its responsibilities under Section 106 of the NHPA, with the assistance of VTrans, for transportation projects in the Federal-Aid Highway Program classified as categorical exclusions under 23 CFR § 771.115 and 23 CFR § 771.117 Federal Aid Transportation Projects in the State of Vermont. This Agreement establishes the basis for VTrans’ review of individual Federal Aid Transportation Projects and how VTrans will notify and consult with SHPO, FHWA, and individuals and organizations that may be invited to be Section 106 consulting parties. The objective of this Agreement is to make more efficient the methods by which FHWA and VTrans review individual undertakings that may affect historic properties and to establish the process by which FHWA, VTrans, SHPO, and ACHP will be involved in any such review. B. This Agreement applies to Categorical Exclusion level Federal Aid Transportation projects. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA are not covered by this Agreement and will be reviewed by FHWA and VTrans in accordance with the procedures of 36 CFR Part 800. C. Cooperating Federal Agencies that recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106 of NHPA according to 36 CFR § 800.2(a)(2), provided that FHWA and VTrans follow the requirements of this Agreement and the cooperating agency’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and VTrans. D. At any time, VTrans may choose to conduct the Section 106 review for a Federal Aid Transportation Project by following the procedures in 36 CFR Part 800 rather than by following the procedures in this Agreement. VTrans and FHWA will also conduct the Section 106 review for a Federal Aid Transportation Project under the procedures in 36 CFR Part 800 if SHPO, ACHP, or FHWA so requests. Undertakings resulting in Adverse Effects shall follow the procedures in 36 CFR Part 800. E. State-funded actions that do not involve FHWA federal funding or permits are not subject to the terms of this Agreement. F. Vermont State-owned Historic Sites and properties with historic preservation easements held by the SHPO are not subject to the terms of this Agreement. G. This agreement applies to Section 4(f) de minimis determinations for historic properties when the project will result in “no adverse effect” or “no historic properties affected” under Section 106 of the National Historic Preservation Act.

Appears in 1 contract

Samples: Programmatic Agreement

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Applicability and Scope. A. This Agreement sets forth the process by which FHWA will meet its responsibilities under Section 106 of the NHPA, with the assistance of VTrans, for minor transportation projects in the Federal-Aid Highway Program classified as categorical exclusions under 23 CFR § 771.115 and 23 CFR § 771.117 Federal Aid (hereafter “Minor Transportation Projects Projects”) in the State of Vermont. This Agreement establishes the basis for VTrans’s review of individual Federal Aid Minor Transportation Projects and how VTrans will notify and consult with SHPO, FHWA, and individuals and organizations that may be invited to be Section 106 consulting parties. The objective of this Agreement is to make more efficient the methods by which FHWA and VTrans review individual undertakings that may affect historic properties and to establish the process by which FHWA, VTrans, SHPO, and ACHP will be involved in any such review. B. This Agreement applies to Categorical Exclusion level Federal Aid Minor Transportation projectsProjects. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA are not covered by this Agreement and will be reviewed by FHWA and VTrans in accordance with the procedures of 36 CFR Part 800. C. Cooperating Federal Agencies that recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106 of NHPA according to 36 CFR § 800.2(a)(2), provided that FHWA and VTrans follow the requirements of this Agreement and the cooperating agency’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and VTrans. D. At any time, VTrans may choose to conduct the Section 106 review for a Federal Aid Minor Transportation Project by following the procedures in 36 CFR Part 800 rather than by following the procedures in this Agreement. VTrans and FHWA will also conduct the Section 106 review for a Federal Aid Minor Transportation Project under the procedures in 36 CFR Part 800 if SHPO, ACHP, or FHWA so requests. Undertakings resulting in Adverse Effects shall follow the procedures in 36 CFR Part 800. E. State-funded actions that do not involve FHWA federal funding or permits are not subject to the terms of this Agreement.

Appears in 1 contract

Samples: Programmatic Agreement

Applicability and Scope. A. This Agreement sets forth the process by which FHWA will meet its responsibilities under Section 106 of the NHPA, with the assistance of VTrans, for transportation projects in the Federal-Aid Highway Program classified as categorical exclusions under 23 CFR § 771.115 and 23 CFR § 771.117 Federal Aid Transportation Projects in the State of Vermont. This Agreement establishes the basis for VTrans’ review of individual Federal Aid Transportation Projects and how VTrans will notify and consult with SHPO, FHWA, and individuals and organizations that may be invited to be Section 106 consulting parties. The objective of this Agreement is to make more efficient the methods by which FHWA and VTrans review individual undertakings that may affect historic properties and to establish the process by which FHWA, VTrans, SHPO, and ACHP will be involved in any such review. B. This Agreement applies to Categorical Exclusion level Federal Aid Transportation projects. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA are not covered by this Agreement and will be reviewed by FHWA and VTrans in accordance with the procedures of 36 CFR Part 800. C. Cooperating Federal Agencies that recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106 of NHPA according to 36 CFR § 800.2(a)(2), provided that FHWA and VTrans follow the requirements of this Agreement and the cooperating agency’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and VTrans. D. C. At any time, VTrans may choose to conduct the Section 106 review for a Federal Aid Transportation Project by following the procedures in 36 CFR Part 800 rather than by following the procedures in this Agreement. VTrans and FHWA will also conduct the Section 106 review for a Federal Aid Transportation Project under the procedures in 36 CFR Part 800 if SHPO, ACHP, or FHWA so requests. Undertakings resulting in Adverse Effects shall follow the procedures in 36 CFR Part 800. E. D. State-funded actions that do not involve FHWA federal funding or permits are not subject to the terms of this Agreement. E. Vermont State-owned Historic Sites and properties with historic preservation easements held by the SHPO are not subject to the terms of this Agreement.

Appears in 1 contract

Samples: Programmatic Agreement

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