Emergency Undertakings. WSDOT, on behalf of FHWA, will carry out the requirements of 36 CFR 800.12(b), with the following exception as provided by §800.12(b)(2). When a disaster or emergency has been declared by the President or the Governor, or if WSDOT issues a declaration of emergency in accordance with RCW 47.28.170 and WAC 000-00-000, and an immediate threat to life or property requires emergency operations by WSDOT that affect the character or use of historic properties, WSDOT shall notify FHWA, SHPO, affected tribes and the ACHP within 48 hours of commencing the emergency undertaking. Consultation, including the opportunity to review and comment on the emergency undertaking, shall be conducted as soon as possible to determine how to proceed in a fashion that will secure, as fully as practicable under the circumstances, the protections of Section 106 of the National Historic Preservation Act.
Emergency Undertakings. Region 5 shall develop an appendix to this PA, through the amendment process in Stipulation 12.0, identifying procedures for protecting historic properties during emergency undertakings, such as wildfire. Until such an amendment is developed and approved, the following shall apply: should Region 5 /Forest find it necessary to implement an emergency undertaking as an immediate response to a declared emergency, undeclared emergency, or another immediate threat to life or property in a manner that would preclude the use of this PA, Region 5 /Forest and its mutual aid partners, will implement to the extent prudent and feasible any measures that could avoid or minimize harm to historic properties and shall implement measures to rehabilitate and stabilize damages to historic properties caused by agency activities during the emergency. For management purposes, Region 5 may assume the eligibility of a cultural resource or group of resources for inclusion on the NRHP without consultation with the SHPO where proposed rehabilitation and stabilization measures are unlikely to affect prospective NRHP values and measures are needed to prevent further resource damage or destruction. Region 5 shall evaluate any historic property that may be adversely affected by rehabilitation and stabilization measures. Region 5 shall comply with the provisions of 36 CFR 800.12 and 36 CFR Part 78 for such emergency undertakings. Region 5 shall document properties discovered or affected by the emergency undertaking, including post-fire rehabilitation, and shall submit a report to the SHPO.
Emergency Undertakings. GSA and Xxxxx shall ensure that any rescue and salvage operations on the Property that are (a) required because of an emergency (e.g., a disaster or emergency declaration by the President, the Mayor of Washington, D.C.) or another threat to life or property that adversely affects the Property or (b) necessary to preserve life or property (“Emergency Undertaking”) shall be carried out in accordance with any emergency orders or citations issued by the appropriate official of the D.C. or the United States, as applicable. GSA shall use its best efforts to notify DCSHPO immediately and ACHP in writing of such operations within one (1) business day (not including a federal holiday) after the commencement of such operations. GSA shall similarly notify other agencies with responsibilities as appropriate. Nothing in this Agreement shall be deemed to prevent GSA or Xxxxx from taking immediate rescue and salvage operations on the Property as necessary in an emergency to prevent the loss of life or property.
a. If GSA or Xxxxx proposes an Emergency Undertaking which may have an Adverse Effect on the Property, GSA shall afford the DCSHPO and the ACHP an opportunity to comment within three (3) business days (not including a federal holiday) of such notification. If GSA determines that circumstances do not permit three (3) business days for comment, then GSA shall notify DCSHPO and the ACHP in writing and invite comments within the time available. GSA shall consider, as applicable in light of the urgency of the circumstances, any comments received in reaching a decision on how to proceed with the Emergency Undertaking. If DCSHPO or the ACHP objects to the proposed actions the dispute will be resolved in accordance with Stipulation IX, Dispute Resolution.
b. These emergency procedures apply only to undertakings that may have an Adverse Effect on the Property and that will be implemented within thirty (30) days or other agreed upon timeframe after the disaster or emergency occurs. GSA may request an extension of the period of applicability from DCSHPO prior to the expiration of the thirty (30) days.
Emergency Undertakings. When emergency demolition is required for historic properties associated with CDBG, HOME, ESG and HOPWA programs activities, the STATE shall allow the SHPO five (5) business days to respond, if the nature of the emergency allows. The existence of an emergency situation shall be based upon the need to eliminate an imminent threat to the health and safety of residents as identified by local or county building inspectors, fire department officials, or other local county officials.
1. The STATE shall forward documentation to the SHPO for review immediately upon notification that an emergency exists. Documentation should include a) the nature of the emergency; b) the historic property involved; c) the current condition of the building, including photographs; and d) the time-frame allowed by local officials to respond to, or correct, the emergency situation.
2. The STATE shall ensure that any mitigation measures recommended by the SHPO are implemented, if feasible.
Emergency Undertakings. 1. When an Undertaking on a Historic Property involves emergency demolition, Qualified Personnel will conduct an immediate review. The City shall forward documentation to Qualified Personnel to review immediately upon notification that an emergency exists. Documentation shall include:
a. Nature of the emergency
b. Historic Property involved
c. Current condition of the Historic Property, including photographs
d. Time frame allowed by local officials to respond to, or correct, the emergency situation The existence of an emergency situation shall be based upon the need to eliminate an imminent threat of the health and safety of residents, as identified by City or local building inspectors or fire department officials. If Qualified Personnel determines that an Undertaking involves an emergency situation, the Undertaking shall be considered an Emergency Undertaking.
2. In the event of an Emergency Undertaking, the City shall consult with the SHPO to the greatest extent possible given the particular circumstances.
3. If the Emergency Undertaking cannot be made to meet the Standards, it will constitute an Adverse Effect, and the City shall consult with the SHPO and initiate the consultation process set forth in 36 CFR § 800.5 (c).
Emergency Undertakings. A. This Stipulation shall apply only to situations in which a duly authorized local official has determined in accordance with applicable law, that an imminent threat to the public health and safety exists and that such threat must be removed forthwith (“Emergency Conditions”).
B. When the City determines that Emergency Conditions require immediate demolition of a Historic Property in connection with an activity subject to this PA, the City shall in writing concurrently notify the Council, the Landmarks Preservation Commission (LPC), the State Historic Preservation Officer and any Indian Tribe that may attach religious and cultural significance of the proposed removal and afford these parties a maximum of seven (7) days to comment on the proposed demolition. Any notification by the City shall be accompanied by documentation that includes, but is not limited to, a description of the Emergency Conditions, the name, location, and significance of the affected Historic Property, an assessment of the historic Property’s current condition supplemented by photographs, and the date by which the Emergency Conditions must be abated. If the City determines that circumstances do not permit seven days for comment, the City shall notify the Council, the SHPO, the LPC and the Indian tribe and invite any comments within the time available.
C. The City shall require that any mitigation measures recommended by the Council, the LPC, the SHPO and any affected Indian Tribe be implemented if the City deems such measures to be feasible.
D. The City shall document the actions taken pursuant to this Stipulation in the manner prescribed by Stipulation XIX.A.
E. Immediate rescue and salvage operations conducted to preserve life and property are exempt from the provisions of Section 106 [36 CFR
Emergency Undertakings. 1. When an Undertaking on a Historic Property involves an emergency situation, Qualified Personnel will conduct an immediate review. The existence of an emergency situation shall be based upon the need to eliminate an imminent threat of the health and safety of residents, as identified by City or local building inspectors or fire department officials. If Qualified Personnel determines that an Undertaking involves an emergency situation, the Undertaking shall be considered an Emergency Undertaking.
2. The City shall forward documentation to Qualified Personnel to review immediately upon notification that an emergency exists. Documentation shall include:
a. Nature of the emergency;
b. Historic property involved;
c. Current condition of the building, including photographs; and
d. Time frame allowed by local officials to respond to, or correct, the emergency situation.
3. In the event of an Emergency Undertaking, AIS shall consult with the SHPO to the greatest extent possible given the particular circumstances. The SHPO shall provide comment within seven days of notification.
4. If the Emergency Undertaking cannot be made to meet the Standards, it will constitute an Adverse Effect, and AIS shall consult with the SHPO and initiate the consultation process set forth in 36 CFR § 800.6, each to the greatest extent possible given the particular circumstances.
Emergency Undertakings. 296 a. In the event of a declared emergency per 36 CFR 800.12 or in the case of an immediate 297 threat to life or property as determined by the FS, the FS and its mutual aid partners will 298 implement, to the extent prudent and feasible, any measures that could avoid or 299 minimize harm to historic properties. The FS may assume the eligibility of a cultural 300 resource or group of resources for inclusion in the National Register without 301 consultation with the SHPO and shall carry out preservation of damaged properties in a 302 manner that will not adversely affect them.
Emergency Undertakings. As defined in 36 CFR Part 800.12, an emergency undertaking is an essential and immediate response to a disaster or emergency formally declared by the President or Governor; such undertakings that affect transportation infrastructure can be separated into two categories which shall be addressed as follows:
A. Undertakings that will be implemented within 30 days after the formal declaration of the disaster or emergency: The DOT qualified staff shall immediately determine if the emergency response could affect the physical integrity, character and/or use of historic properties. If so, IDOT shall notify FHWA, SHPO and ACHP within 48 hours. The parties will then consult, review and comment on the emergency undertaking, as soon as possible to determine how to, as fully as practicable under the circumstances, avoid, minimize and/or mitigate for any potential adverse effects to historic properties. Nothing in this Agreement shall be construed as prohibiting the IDOT from taking such actions as it deems necessary to stabilize the situation to protect the safety of the travelling public.
B. Immediate rescue and salvage operations conducted to preserve life or property such as necessitated by natural disaster or other catastrophic events are exempt from the provisions of Section 106 and this Programmatic Agreement, in accordance with 36 CFR Part 800.12(d).
Emergency Undertakings. A. This Stipulation shall apply only to situations in which a duly authorized local official has determined in accordance with applicable law, that an imminent threat to the public health and safety exists and that such threat must be removed forthwith (“Emergency Conditions”).
B. The City shall notify the Council, the SHPO and any Indian tribe that may attach religious and cultural significance to historic properties likely to be affected prior to the undertaking and affording them an opportunity to comment within seven days of notification. If the City determines that circumstances do not permit seven days for comment, the City shall notify the Council, the SHPO and the Indian tribe invite any comments within the time available.
C. The City shall require that any mitigation measures recommended by the LPAB and the SHPO be implemented if the City deems such measures to be feasible.
D. The City shall document the actions taken pursuant to this Stipulation in the manner prescribed by Stipulation XIX.A.
E. Immediate rescue and salvage operations conducted to preserve life and property are exempt from the provisions of Section 106. [36 CFR §800.12(d)].
