Applying PA Stipulation XII Sample Clauses

Applying PA Stipulation XII. In general, Stipulation XII should follow the process outlined above, with exceptions noted below. • Consulting Parties: o Consulting parties for RTP projects generally consist of SHPO and land managing agencies. ADOT is continuing FHWA’s previous determination that, due to the limited scope and nature of RTP projects, Tribal consultation is not required for RTP projects unless Tribal land is involved. o For many RTP projects, the project sponsor is a non-profit third party applying for a grant to work on federal, state, county or municipal lands. In this instance, following FHWA’s previous decision, ADOT has determined that the non-profit third party does not need to be a consulting party as they have no official role in Section 106 consultation. Instead, the land owning or managing agencies are consulted. o For many RTP projects located in state, county or municipal parks, there is underlying land ownership. For example, a State Park may be operated on State Trust land through a lease from ASLD. In this instance, both ASP&T and ASLD are consulted. • For PA signatories, there is a question on the CCRF asking which PA stipulation they feel applies to the project. If the HPT Staff agrees with this finding, the CCRF can be used as a record of informal consultation on this finding. If the HPT Staff does not agree, then additional informal consultation will be required. • For Screened Undertakings (Stipulation VIII.C.1), the class of undertaking in Attachment 3 that most commonly applies to RTP projects is listed under “Miscellaneous” as “Bicycle, Recreational, Pedestrian Trails: Construction, rehabilitation, and widening of existing bicycle and pedestrian trails, walkways and amenities.” • Stipulation XII and Attachment 8 do not need to be cited in consultation letters or memos; only the appropriate subparts of Stipulations VIII.
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Related to Applying PA Stipulation XII

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