Common use of Applicability and Scope Clause in Contracts

Applicability and Scope. A. The Agreement sets forth the process by which FHWA, with the assistance of MDOT, will meet its responsibilities pursuant to Section 106 and Section 110 of the NHPA (54 U.S.C. § 306102 and 54 U.S.C. § 306108). B. The objective of this Agreement is to make more efficient the methods by which FHWA and MDOT review individual undertakings processed under Section 106 that may affect historic properties and to establish the process by which FHWA (who retains ultimate Section 106 responsibility, except where such responsibility has been delegated to MDOT) carries out its Section 106 responsibilities. C. Through this Agreement, FHWA authorizes MDOT to initiate and, in many cases, conclude consultation with the SHPO and other consulting parties for purposes of compliance with Section 106. D. FHWA retains the responsibility to consult with Tribes as required under 36 C.F.R. § 800, as amended. MDOT may assist FHWA if individual Tribes agree to alternate procedures regarding day-to-day coordination pertaining to individual undertakings in accordance with FHWA Michigan Division/MDOT Guidelines for Section 106 Tribal Consultation and Coordination (the Tribal Guidelines) in Attachment A. E. This Agreement shall not apply to undertakings that occur on or affect tribal lands as they are defined in 36 C.F.R. § 800.16(x). For such undertakings, FHWA shall follow the procedures in 36 C.F.R. § 800. X. Xxxxxxxxxxx Federal Agencies who recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106, pursuant to 36 C.F.R. § 800.2(a)(2), provided that FHWA and MDOT follow the requirements of the Agreement and the cooperating Federal Agency's undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and MDOT.

Applicability and Scope. A. The Agreement sets forth the process by which FHWA, with the assistance of MDOT, will meet its responsibilities pursuant to Section 106 and Section 110 of the NHPA (54 U.S.C. § 306102 and 54 U.S.C. § 306108). B. The objective of this Agreement is to make more efficient the methods by which FHWA and MDOT review individual undertakings processed under Section 106 that may affect historic properties and to establish the process by which FHWA (who retains ultimate Section 106 responsibility, except where such responsibility has been delegated to MDOT) carries out its Section 106 responsibilities. C. Through this Agreement, FHWA authorizes MDOT to initiate and, in many cases, conclude consultation with the SHPO and other consulting parties for purposes of compliance with Section 106. D. FHWA retains the responsibility to consult with Tribes as required under 36 C.F.R. § 800, as amended. MDOT may assist FHWA if individual Tribes agree to alternate procedures regarding day-to-day coordination pertaining to individual undertakings in accordance with FHWA Michigan Division/MDOT Guidelines for Section 106 Tribal Consultation and Coordination (the Tribal Guidelines) in Attachment A. E. This Agreement shall not apply to undertakings that occur on or affect tribal lands as they are defined in 36 C.F.R. § 800.16(x). For such undertakings, FHWA shall follow the procedures in 36 C.F.R. § 800. X. Xxxxxxxxxxx F. Cooperating Federal Agencies who recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106, pursuant to 36 C.F.R. § 800.2(a)(2), provided that FHWA and MDOT follow the requirements of the Agreement and the cooperating Federal Agency's undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and MDOT.

Applicability and Scope. A. The This Agreement sets forth the process by which the FHWA, with the assistance of MDOTNYSDOT, will meet its responsibilities pursuant to Section 106 of the NHPA (54 U.S.C. 306108) and Section 110 of the NHPA (54 U.S.C. § 306102 306101(a) and 54 U.S.C. § 306108306102). B. The objective objectives of this Agreement is to make more efficient are to: improve the methods by which efficiency of FHWA and MDOT NYSDOT’s methods and procedures to review individual undertakings processed under Section 106 that may affect historic properties 106; and to establish the process by which FHWA (who retains ultimate Section 106 responsibility, except where such responsibility has been delegated to MDOT) carries out its Section 106 responsibilities, including where such responsibility is delegated to NYSDOT. C. Throughout this Agreement, any federal action including those that qualify as an undertaking under Section 106, and not limited to transportation projects, will be referred to as “action”. D. Through this Agreement, FHWA authorizes MDOT NYSDOT to initiate and, in many cases, conclude consultation with the SHPO NYSHPO and other consulting parties for purposes of compliance with Section 106106 of NHPA. D. E. Through this Agreement, FHWA and NYSDOT establish alternate ways in which actions subject to Section 106 will be processed, each requiring different levels of review and consultation. The procedures for Categorical Review actions are described in Stipulation IV.A and activities are limited to listed in Appendices A-E. Procedures for Standard Review actions are referenced in Stipulation IV.B and documentation for Standard Review is addressed in Appendix F. F. The FHWA retains the responsibility to consult with Tribes Nations as required under 36 C.F.R. § 800800.2(c)(2)(ii), as amended. MDOT may The NYSDOT will assist FHWA if individual Tribes agree to alternate procedures regarding daywith project-to-day coordination pertaining to individual undertakings in accordance with FHWA Michigan Division/MDOT Guidelines for Section 106 Tribal Consultation and Coordination (the Tribal Guidelines) in Attachment A.level coordination. E. G. This Agreement shall not apply to undertakings actions that occur on or affect tribal lands as they are defined in 36 C.F.R. § 800.16(x)800.16. For such undertakingsactions, FHWA shall follow the procedures in 36 C.F.R. § 800800 and consult with the appropriate Tribal Historic Preservation Officer (THPO)/representative. X. Xxxxxxxxxxx H. Cooperating Federal Agencies who recognize FHWA as the lead Federal agency for an undertaking action may fulfill their obligations under Section 106, pursuant 106 of NHPA according to 36 C.F.R. § 800.2(a)(2), provided that FHWA and MDOT NYSDOT follow the requirements of the this Agreement and the cooperating Federal Agency's undertaking agency’s action does not have the potential to cause effects to historic properties beyond those considered by FHWA and MDOTNYSDOT. The following section identifies the responsibilities of each of the signatories in complying with the terms of this Agreement.

Applicability and Scope. A. The This Agreement supersedes and replaces in its entirety the Agreement among FHWA, SHPO, and GDOT regarding FHWA’s Emergency Relief Program dated March 8, 2012. B. This Agreement sets forth the process by which FHWAthe FHWA and Corps, with the assistance of MDOTGDOT, will meet its responsibilities pursuant to Section 106 and Section 110 of the NHPA (54 U.S.C. § 306102 and 54 U.S.C. § 306108). B. C. This Agreement applies to all highway projects subject to FHWA and Corps review under 23 CFR 771.115, 23 CFR 771.117, 00 XXX 000, and 33 CFR 330 (see Stipulation VII for details regarding the extent of delegated reviews). D. The FHWA is the Lead Federal Agency for Program undertakings and FHWA approved changes in access to the Interstate System in Georgia that require Permits pursuant to Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act of 1973 in accordance with 36 CFR 800.2(a)(2) (references to Lead Agency in this context refer to FHWA). E. The Corps is the Lead Federal Agency for State funded highway undertakings, that require Permits pursuant to Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act of 1973 in accordance with 36 CFR 800.2(a)(2) (references to Lead Federal Agency in this context refer to the Corps). F. The objective of this Agreement is to make more efficient the methods by which FHWA FHWA, the Corps, and MDOT GDOT review individual undertakings processed under Section 106 that may affect historic properties Historic Properties and to establish the process by which FHWA and the Corps (who retains retain ultimate Section 106 responsibility, except where such responsibility has been delegated to MDOT) carries carry out its their Section 106 responsibilities. C. G. Through this Agreement, FHWA authorizes MDOT and the Corps authorize GDOT to initiate on their behalf and, in many cases, conclude consultation with the SHPO and other consulting parties for purposes of compliance with Section 106106 of the NHPA. D. H. The FHWA retains and Corps retain the responsibility to consult with Tribes as required under 36 C.F.R. § CFR 800, as amended. MDOT GDOT may assist FHWA and the Corps if individual Tribes agree to alternate procedures regarding day-to-day coordination pertaining to individual undertakings in accordance with FHWA Michigan Division/MDOT Guidelines for Section 106 Tribal Consultation and Coordination (the Tribal Guidelines) in Attachment A. E. This Agreement shall not apply to undertakings that occur on or affect tribal lands as they are defined in 36 C.F.R. § 800.16(x). For such undertakings, FHWA shall follow the procedures in 36 C.F.R. § 800procedures. X. Xxxxxxxxxxx I. FHWA and the Corps recognize that Tribes do have sites and land of religious and cultural significance within the State of Georgia, and in meeting its Federal Agencies who recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106, trust responsibility pursuant to 36 C.F.R. § 800.2(a)(2CFR 800.2 (c)(2)(ii), provided that FHWA and MDOT follow the requirements of Corps have invited the Tribes to enter (consult) on this Agreement that specifies how FHWA, the Corps, and the cooperating Federal Agency's undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and MDOTTribes will carry out Section 106 responsibilities, including confidentiality of information.

Applicability and Scope. A. The This Agreement sets forth the process by which FHWA, and FTA, with the assistance of MDOT, WSDOT; and WFLHD without the assistance of WSDOT will meet its their responsibilities pursuant to Section 106 and Section 110 of the NHPA (54 U.S.C. §§ 306102 and 54 U.S.C. § 306108). B. The objective of this Agreement is to make more efficient the methods by which FHWA FHWA, WFLHD, FTA, and MDOT WSDOT review individual undertakings processed under Section 106 that may affect historic properties and to establish the process by which FHWA FHWA, WFLHD, and FTA (who retains retain ultimate Section 106 responsibility, except where such responsibility has been delegated to MDOTWSDOT) carries carry out its their Section 106 responsibilities. C. Through this Agreement, FHWA authorizes MDOT and FTA authorize WSDOT’s professional cultural resources staff to initiate and, in many cases, conclude consultation with the SHPO and other consulting parties for purposes of compliance with Section 106106 of the NHPA. D. FHWA retains WFLHD’s professional cultural resources staff conducts consultation with the SHPO and other consulting parties for purposes of compliance with Section 106 of the NHPA. E. Through this Agreement, FHWA, FTA, WFLHD and WSDOT establish categories of projects (Appendix B) that do not require review and consultation with the SHPO but that may still require tribal consultation. F. FHWA, WFLHD and FTA retain the responsibility to consult with Tribes as required under 36 C.F.R. § CFR 800, as amended. MDOT may assist FHWA if individual Tribes agree , except for those activities delegated to alternate procedures regarding day-to-day coordination pertaining to individual undertakings in accordance with FHWA Michigan Division/MDOT Guidelines for Section 106 Tribal Consultation and Coordination (the Tribal Guidelines) in Attachment A.WSDOT by this Agreement. E. G. This Agreement shall not apply to undertakings that occur on or affect tribal lands as they are defined in 36 C.F.R. § CFR 800.16(x). For such undertakings, FHWA FHWA, FTA, and WFLHD shall follow the procedures in 36 C.F.R. § CFR Part 800. X. Xxxxxxxxxxx H. Cooperating Federal Agencies who recognize FHWA FHWA, WFLHD, or FTA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106, pursuant to 106 of NHPA per 36 C.F.R. § CFR 800.2(a)(2), provided that FHWA if FHWA, WFLHD, or FTA, and MDOT WSDOT follow the requirements of the this Agreement and the cooperating Federal Agencyagency's undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA the lead federal agency and MDOTWSDOT. I. FHWA, FTA and WFLHD agree that all information and consultation site forms, reports etc. will be transmitted and documented through the Washington Information System for Architectural and Archaeological Records Data (WISAARD). J. FHWA, FTA and WFLHD agree that ACHP has released guidance defining the parameters of using financial mitigation to support SHPOs’ development and maintenance of electronic cultural resource information systems. If there is a reasonable relationship to the undertaking and there is not more appropriate targeted mitigation, then mitigation funds may be appropriate mitigation. . K. All correspondence held by SHPO is subject to the State Public Records Act unless explicitly exempted under RCW 42.56.310