Common use of COMPLIANCE WITH SECTION 106 Clause in Contracts

COMPLIANCE WITH SECTION 106. Per the NPS, pursuant to Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108), THC, as the Texas SHPO for HIM-ESHPF grant assistance, must initiate consultation and must complete the consultation process stipulated in the regulations issued by the Advisory Council for Historic Preservation (ACHP) in 36 CFR 800, prior to the commencement of all grant- assisted construction, ground disturbance, or project planning. It shall be understood that NPS remains ultimately responsible for all findings and determinations. THC must retain proof of public notice and a request for consultation for every selected subrecipient in its project files. Subgrantee will be required to submit documents to THC for determination of effects to historic properties. Review documentation will remain with each subgrant file until such time as Subgrantee submits a final report and photographs for work to THC to confirm that all work completed was done as required. All documentation should conform to 800.11 of the 36 CFR Part 800. Documentation of proper review by THC staff for compliance with the appropriate Secretary of the Interior’s Standards must be available to NPS at all times while the grant remains open. In addition, Subgrantee must comply with those recommendations stated in the Historic Preservation Fund Grants Manual Chapter 8, Section D “Standards Applicable to Subgrantees.” Determinations of Adverse Effect will cause terminations of subgrant projects. In cases of cumulative adverse effects, however, there may be a need to develop a Memorandum of Agreement (MOA) with THC, NPS, and the Advisory Council on Historic Preservation (ACHP). Should a signed Programmatic Agreement exist for this Grant Program, it shall remain in place during the term agreed to and govern the activities of the ESHPF grant as related to Section 106 compliance until terminated.

COMPLIANCE WITH SECTION 106. Per the NPS, pursuant Pursuant to Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108), THC, as ) the Texas SHPO NPS has agreed that SHPO/THPOs for HIM-ESHPF grant assistance, assistance must initiate consultation and must complete the consultation process stipulated in the regulations issued by the Advisory Council for Historic Preservation (ACHP) in 36 CFR 80000 XXX 000, prior to the commencement of all grant- grant-assisted construction, ground disturbance, disturbance or project planning. It shall be understood that NPS remains ultimately responsible for all findings and determinations. THC The primary recipient (SHPO/THPO) must retain proof of public notice and a request for consultation for every selected subrecipient subgrantee in its project files. Subgrantee Subgrantees will be required to submit documents to THC the SHPO/THPO for determination of effects to historic properties. Review documentation will remain with each grantee’s subgrant file until such time as Subgrantee the subgrantee submits a final report and photographs for work to THC the SHPO/THPO to confirm that all work completed was done as required. All documentation should conform to 800.11 of the 36 CFR Part 800. Documentation 800.Documentation of proper review by THC SHPO/THPO staff for compliance with the appropriate Secretary of the Interior’s Standards must be available to NPS at all times while the grant remains open. In addition, Subgrantee subgrantees must comply with those recommendations stated in the Historic Preservation Fund Grants Manual Chapter 8, Section D “Standards Applicable to Subgrantees.” Determinations of Adverse Effect will cause terminations of subgrant subgrantee projects. In cases of cumulative adverse effects, however, there may be a need to develop a Memorandum of Agreement (MOA) with THCSHPO/THPO, NPS, and the Advisory Council on Historic Preservation (ACHP). Should a signed Programmatic Agreement exist for this Grant Program, it shall remain in place during the term agreed to and govern the activities of the ESHPF grant as related to Section 106 compliance until terminated.