Determinations of No Historic Properties Affected Sample Clauses

Determinations of No Historic Properties Affected. 1. If the SHPO/THPO concurs in writing with the Applicant’s determination of no Historic Properties affected, it is deemed that no Historic Properties exist within the APE or the Undertaking will have no effect on any Historic Properties located within the APE. The Section 106 process is then complete, and the Applicant may proceed with the project, unless further processing for reasons other than Section 106 is re- quired. 2. If the SHPO/THPO does not provide writ- ten notice to the Applicant that it agrees or disagrees with the Applicant’s determination of no Historic Properties affected within 30 days following receipt of a complete Submis- sion Packet, it is deemed that no Historic Properties exist within the APE or the Un- dertaking will have no effect on Historic Properties. The Section 106 process is then complete and the Applicant may proceed with the project, unless further processing for reasons other than Section 106 is re- quired. 3. If the SHPO/THPO provides written no- xxxx within 30 days following receipt of the Submission Packet that it disagrees with the Applicant’s determination of no Historic Properties affected, it should provide a short and concise explanation of exactly how the criteria of eligibility and/or criteria of Ad- verse Effect would apply. The Applicant and the SHPO/THPO should engage in further discussions and make a reasonable and good faith effort to resolve their disagreement. 4. If the SHPO/THPO and Applicant do not resolve their disagreement, the Applicant may at any time choose to submit the mat- ter, together with all relevant documents, to the Commission, advising the SHPO/THPO accordingly.
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Determinations of No Historic Properties Affected. ‌‌ A. For undertakings that have had adequate previous field surveys as determined by following the procedures in Appendix C, in which no historic properties are located, the Heritage Specialist can make a determination of “No Historic Properties Affected.” This determination will be documented in the project files and the undertaking information recorded in the Infra database. A spreadsheet containing summary data on these undertakings will be provided to SHPO on an annual basis as described in Stipulation XVII.‌ B. Where a Forest causes an undertaking’s APE to be field surveyed in accordance with the Region’s inventory strategy in Appendix D, or in an intensive field survey resulting in 100 percent coverage of the APE, and such survey results with either there are no historic properties present or there are historic properties present but the undertaking will have no effect upon them as defined at 36 CFR 800.16(i); then the Heritage Specialist may make a determination of “No Historic Properties Affected” and the Forest may proceed with the undertaking in lieu of a consensus determination of eligibility pursuant to 36 CFR 800.4. A report will be prepared that documents the survey and its results as described in Stipulation‌
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Related to Determinations of No Historic Properties Affected

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