Common use of Application of the Criteria of Adverse Effect Clause in Contracts

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient that the subrecipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those properties of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, criteria FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s)SHPO, and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, I.D. Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude complete the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient State that the subrecipient Applicant revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient Applicant modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, I.D. Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude complete the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, . Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s)SHPO, OAS, and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee(s) that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s)OAS, and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s)SHPO, and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.EI.D, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient that the subrecipient sub-recipient revise the scope of work to substantially conform to the Standards for standing structuresstructures or buildings, or avoid or minimize adverse effects for National Register listed or eligible archaeological historic properties. i. If the subrecipient sub-recipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), SHPO and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.EI.D, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), Tribes FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and Tribesand all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), Tribes and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient sub-recipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient sub-recipient modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), ) including cumulative effects taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding finding; describe any project specific conditions and future submissions; and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, ; or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient revise the scope of work to substantially conform to the Standards for standing structuresStandards, or and/or avoid or minimize adverse effects for National Register listed or eligible traditional cultural properties and/or archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, of its finding; describe any project specific conditions and future submissions; and provide supporting documentationdocumentation pursuant to 36 CFR §800.11(e). Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.,

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient Subrecipient revise the scope of work to substantially conform to the Secretary’s Standards for standing structures, structures or avoid or minimize adverse effects for National Register listed or eligible archaeological properties.. --DRAFT-- i. If the subrecipient Subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected appropriate Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), SHPO and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s)APE, taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding finding, and provide supporting documentation pursuant to 36 CFR §§ 800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, I.E Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, ; or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee(s) that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, I.E Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, II.C.6 Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or and cultural significance to affected Tribe(sNative Hawaiian organization(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s)APE, taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, OHA, participating Tribe(sNative Hawaiian organization(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §§ 800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.EI.E., Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, ; or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic propertiesproperties (including Traditional Cultural Properties), FEMA shall request through the Recipient that the subrecipient sub-recipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for to National Register Register-listed or eligible archaeological properties. i. If the subrecipient sub-recipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, OHA, participating Tribe(sNative Hawaiian organization(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.EI.E., Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6., Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, criteria FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.EI.D., Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude complete the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or;: 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect have an adverse effect on historic properties, FEMA shall request through the Recipient that the subrecipient sub-recipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register national register listed or eligible archaeological properties. i. If the subrecipient sub-recipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with within the applicable timeframe outlined in Stipulation I.EI.D., Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6II.D.6, Resolution of Adverse EffectsEffect.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s) or Native Hawaiian organization(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s) or Native Hawaiian organization(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee(s) that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s) or Native Hawaiian organization(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee(s) that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.. --DRAFT--

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect identified historic properties in the APE, including those properties of religious or and/or cultural significance to affected Tribe(s)Tribes, or if a consulting party objects to the finding of “no historic properties affected,” FEMA shall will apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteriacriteria for a historic property, or that the Undertaking meets the Standards, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. b. FEMA shall notify the SHPO or participating SHPO, affected Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii) and other applicable documentation standards. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communicationsappropriate timeframe, FEMA will proceed with its “no adverse effect” determination and conclude complete the Section 106 review. iiic. If FEMA finds the Undertaking may have an adverse effect, FEMA shall request through the Grantee that the subgrantee revise the scope of work to substantially conform to the Standards for structures, or avoid or minimize adverse effects for archaeological properties, in consultation with the SHPO, affected Tribe(s), and any other consulting parties. If the subgrantee modifies the scope of work to address the adverse effect, FEMA shall notify the consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection, FEMA shall proceed with its “no adverse effect” determination and complete the Section 106 review. d. If a consulting party objects to a finding of “no adverse effect,” FEMA will may consult with the objecting party to resolve the disagreement. 1) . If the objection is resolved, FEMA shall may proceed with the Undertaking undertaking in accordance with the resolution, or; 2) and following appropriate notification to other consulting parties. If the objection cancan not be resolved, FEMA shall may forward its findings and supporting documentation to the ACHP and request that the ACHP review the findings in accordance with 36 CFR CFR. § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation800.5(c)(3)(i-ii). FEMA shall will consider the ACHP’s comments recommendation in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient that the subrecipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s)Tribes, and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee(s) that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s)Tribes, and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse (effects), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those properties of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, I.E. Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude complete the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) . If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) . If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee(s) that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection objection, in accordance with the applicable timeframe outlined in Stipulation I.E, I.E. Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude complete the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may 509 affect identified historic properties in the APE, including those properties of religious or and/or 510 cultural significance to affected Tribe(s)Tribes, or if a consulting party objects to the finding of “no 511 historic properties affected,” FEMA shall will apply the criteria of adverse effect to historic 512 properties within the APE(s), taking into account the views of the consulting parties 513 and the public concerning effects in accordance with 36 CFR § 800.5(a). . 514 515 a. If FEMA determines that an Undertaking does not meet the adverse effect criteriacriteria 516 for a historic property, or that the Undertaking meets the Standards, FEMA shall 517 propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. . 518 519 b. FEMA shall notify the SHPO or participating SHPO, affected Tribe(s), and all other consulting parties of 520 its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii) 521 and other applicable documentation standards. Unless a consulting party objects 522 within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communicationsappropriate timeframe, FEMA will proceed with its “no adverse effect” 523 determination and conclude complete the Section 106 review. iii. 524 525 c. If FEMA finds the Undertaking may have an adverse effect, FEMA shall request 526 through the Grantee that the subgrantee revise the scope of work to substantially 527 conform to the Standards for structures, or avoid or minimize adverse effects for 528 archaeological properties, in consultation with the SHPO, affected Tribe(s), and 529 any other consulting parties. If the subgrantee modifies the scope of work to 530 address the adverse effect, FEMA shall notify the consulting parties, and provide 531 supporting documentation. Unless a consulting party makes a timely objection, 532 FEMA shall proceed with its “no adverse effect” determination and complete the 533 Section 106 review. 534 535 d. If a consulting party objects to a finding of “no adverse effect,” FEMA will may 536 consult with the objecting party to resolve the disagreement. 1) . If the objection is 537 resolved, FEMA shall may proceed with the Undertaking undertaking in accordance with the 538 resolution, or; 2) and following appropriate notification to other consulting parties. If the 539 objection cancan not be resolved, FEMA shall may forward its findings and supporting 540 documentation to the ACHP and request that the ACHP review the findings in 541 accordance with 36 CFR CFR. § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation800.5(c)(3)(i-ii). FEMA shall will consider the ACHP’s comments 542 recommendation in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient that the subrecipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.543

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). Such determinations may contain conditions. i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient that the subrecipient sub-recipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient sub-recipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA NCORR finds an Undertaking may affect historic properties in the APE, including those of religious or and cultural significance to affected Tribe(s), FEMA NCORR shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR C.F.R. § 800.5(a). a. If FEMA NCORR determines that an Undertaking does not meet the adverse effect criteria, FEMA NCORR shall propose a finding of “no adverse effect” in accordance with 36 CFR C.F.R. § 800.5(b). i. FEMA NCORR shall notify the SHPO or participating SHPO, consulting Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §C.F.R. § 800.11(e). ii. Unless a consulting party objects within the applicable thirty (30) day timeframe outlined in Stipulation I.EI.B.1, Timeframes and Communications, FEMA NCORR will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA NCORR will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA NCORR shall proceed with the Undertaking in accordance with the resolution, or;, 2) If the objection cannot be resolved, FEMA NCORR shall request that the ACHP review the findings in accordance with 36 CFR C.F.R. § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA NCORR shall consider the ACHP’s comments in making its final determination. b. If FEMA NCORR finds the Undertaking may adversely affect historic properties, FEMA NCORR shall request through the Recipient Recipient(s) that the subrecipient Subrecipient revise the scope of work to substantially conform to the Secretary of the Interior’s Standards and Guidelines for Rehabilitation for standing structures, or avoid or minimize adverse effects for National Register NRHP-listed or eligible archaeological properties. i. If the subrecipient Subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA NCORR shall notify the SHPO, participating consulting Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.EVI.A. Dispute Resolution, Timeframes and Communications, FEMA NCORR shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA NCORR shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6I.B.6., Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those properties of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, criteria FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, I.D. Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude complete the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1A) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2B) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient TDEM that the subrecipient Subrecipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient Subrecipient modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), SHPO and all other consulting parties, and provide supporting documentation. Unless a the SHPO or another consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, I.E. Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude complete the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, . Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination.. --DRAFT-- b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient Subrecipient revise the scope of work to substantially conform to the Secretary’s Standards for standing structures, structures or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient Subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), Tribes FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and Tribesand all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), Tribes and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communicationsagreed upon timeframe, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee(s) that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communicationsobjection, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), ) including cumulative effects taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding finding; describe any project specific conditions and future submissions; and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, ; or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient revise the scope of work to substantially conform to the Standards for standing structuresStandards, or and/or avoid or minimize adverse effects for National Register listed or eligible traditional cultural properties and/or archaeological properties. i. If the subrecipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, of its finding; describe any project specific conditions and future submissions; and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified documentation pursuant to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.36 CFR §800.11

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected appropriate Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. 1. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating SHPO, and appropriate Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. 2. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient sub-recipient revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient sub-recipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating and appropriate Tribe(s), ) and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s)SHPO, and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.EI.D, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipients that the subrecipient sub-recipient revise the scope of work to substantially conform to the Standards for standing structuresstructures or buildings, or avoid or minimize adverse effects for National Register listed or eligible archaeological historic properties. i. If the subrecipient sub-recipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), SHPO and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.EI.D, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communicationsagreed upon timeframe, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR CFR. § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee(s) that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communicationsobjection, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.,

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), ) FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and Tribe(s)and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), ) and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effects, FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or participating Tribe(s)SHPO, and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.EI.D, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient that the subrecipient sub-recipient revise the scope of work to substantially conform to the Standards for standing structuresstructures or buildings, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient sub-recipient modifies the scope of work to avoid the adverse effect(s), FEMA shall notify the SHPO, participating Tribe(s), SHPO and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.EI.D, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or and cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.EI.E., Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) ), and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Recipient(s) that the subrecipient Subrecipient revise the scope of work to substantially conform to the Secretary’s Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient Subrecipient modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation, including the necessary conditions. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.EI.E., Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6., Resolution of Adverse Effects.

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a). a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). i. FEMA shall notify the SHPO or SHPO, participating Tribe(s), ) and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. 1) If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or; 2) If the objection cannot be resolved, FEMA shall request that the ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. FEMA shall consider the ACHP’s comments in making its final determination. b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA shall request through the Recipient Grantee that the subrecipient subgrantee revise the scope of work to substantially conform to the Standards for standing structures, or avoid or minimize adverse effects for National Register listed or eligible archaeological properties. i. If the subrecipient subgrantee modifies the scope of work to avoid the adverse effect(s)effect, FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties, and provide supporting documentation. Unless a consulting party makes a timely objection in accordance with the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. ii. If an Undertaking is not modified to avoid the adverse effectseffect(s), FEMA shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation II.C.6, Resolution of Adverse Effects.