Common use of Determinations of No Historic Properties Affected Clause in Contracts

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.

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- quiredrequired. 2. If the SHPO/THPO does not provide writ- ten written 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 Submission Packet, it is deemed that no Historic Properties exist within the APE or the Un- dertaking Undertaking 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- quiredrequired. 3. If the SHPO/THPO provides written no- xxxx notice 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 Adverse 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- termatter, together with all relevant documents, to the Commission, advising the SHPO/THPO accordingly.