Determinations of Eligibility. FEMA shall review or determine National Register eligibility based on identification and evaluation efforts, and consult with SHPO, participating Tribe(s), and other consulting parties regarding these determinations. Should the SHPO, participating Tribe(s), or another consulting party disagree with the determination of eligibility, FEMA shall either:
i. Elect to consult further with the objecting party until the objection is resolved;
ii. Treat the property as eligible for the National Register; or
iii. Obtain a determination of eligibility from the Keeper of the National Register in accordance with 36 CFR § 63.2(d)-(e) and 36 CFR § 800.4(c)(2).
Determinations of Eligibility. FEMA shall review or determine National Register eligibility based on identification and evaluation efforts, and consult with SHPO regarding these determinations. Should the SHPO disagree with the determination of eligibility, FEMA shall either:
i. Elect to consult further with the objecting party;
ii. Treat the property as eligible for the National Register; or
iii. Obtain a determination of eligibility from the Keeper of the National Register in accordance with 36 CFR § 63.2(d)-(e) and 36 CFR § 800.4(c)(2).
Determinations of Eligibility. USACE shall make determinations of National Register eligibility based on identification and evaluation efforts, and consult with the SHPO of jurisdiction, appropriate Federally-recognized Tribe(s), and other Consulting Parties regarding these determinations. Should the SHPO of jurisdiction, or appropriate Federally-recognized Tribe(s) disagree with the determination of eligibility, USACE shall:
a. Consult further with the objecting party to resolve the objection;
b. Treat the property as eligible for the National Register; or
c. Obtain a determination of eligibility from the Keeper of the National Register in accordance with 36 CFR § 63.2(d)-(e) and 36 CFR § 800.4 (c) 2.
Determinations of Eligibility. FEMA shall review or determine National Register eligibility based on identification and evaluation efforts, and consult with SHPO, OHA, participating Native Hawaiian organization(s), and other consulting parties regarding these determinations. Should the SHPO, OHA, participating Native Hawaiian organization(s), or another consulting party disagree with the determination of eligibility, FEMA shall either:
i. Elect to consult further with the objecting party until the objection is resolved;
ii. Treat the property as eligible for the National Register; or
iii. Obtain a determination of eligibility from the Keeper of the National Register in accordance with 36 CFR § 63.2(d)-(e) and 36 CFR § 800.4(c)(2).
Determinations of Eligibility. Severability and Termination 1. In the event any provision of this Agreement shall be deemed contrary to, or in violation of, any applicable existing law or regulation of the United States of America, only the conflicting provision(s) shall be deemed null and void, and the remaining provisions of the Agreement shall remain in effect. 2. FEMA, the SHPO, OEM, or a participating Tribesman terminate this Agreement by providing 30 days’ written notice to the other signatory parties, provided that the parties consult during this period to seek amendments or other actions that would prevent termination. If this Agreement is terminated, FEMA will comply with 36 CFR Part 800. Upon such determination, FEMA will provide all other signatories with written notice of the termination of this Agreement.
Determinations of Eligibility. FEMA shall review or determine National Register eligibility based on identification and evaluation efforts, and consult with SHPO and affected Tribe(s) regarding these determinations. Should the SHPO or affected 479 Tribe(s) disagree with the determination of eligibility for the National Register 480 made by a qualified professional or a designated Tribal representative, FEMA may 481 elect to treat the property as eligible for the National Register or may elect to 482 obtain a determination of eligibility from the Keeper of the National Register in 483 accordance with 36 CFR § 63.2(d)-(e) and 36 CFR § 800.4(c)(2). 484
Determinations of Eligibility. (except undetermined cultural resources and properties found during possible future Variances and Discoveries).
Determinations of Eligibility. The Corps shall review or determine NHRP eligibility based on identification and evaluation efforts, and consult with SHPO regarding these determinations. Should SHPO disagree with the determination of eligibility, the Corps shall either:
a. Elect to consult further with the objecting party until the objection is resolved;
b. Treat the property as eligible for the National Register; or
c. Obtain a formal determination of eligibility from the Keeper of the National Register.
Determinations of Eligibility. FEMA shall review or determine National Register 610 eligibility based on identification and evaluation efforts, and consult with SHPO, 611 and other consulting parties regarding these determinations. Should the SHPO, or 612 another consulting party disagree with the determination of eligibility, FEMA shall 613 either: 614
Determinations of Eligibility. FEMA shall review or determine National Register eligibility based on identification and evaluation efforts, and consult with SHPO, 642 643 644 2. 645 646 647 648 649 650 651 652 653 654 655 656 3. 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 participating Nation(s), and other consulting parties regarding these determinations. 685 Should the SHPO, participating Nation(s), or another consulting party disagree with 686 the determination of eligibility, FEMA shall either: 687 688 i. Elect to consult further with the objecting party until the objection is resolved; 689 690 ii. Treat the property as eligible for the National Register for the purpose of the 691 Undertaking; or 692 693 iii. Obtain a determination of eligibility from the Keeper of the National Register 694 in accordance with 36 CFR § 63.2(d)-(e) and 36 CFR § 800.4(c)(2). 695
