Finding of No Historic Properties Affected. When, as a result of its Stipulation VIII. A review, it is determined that there are no NRHP-listed or -eligible properties within the APE that will be affected, Qualified Staff shall make a finding, pursuant to 36 CFR § 800.4(d)(1) of No Historic Properties Affected. VTrans may consult with SHPO regarding application of the 36 CFR § 800.4 criteria. No further review under Section 106 is required for a finding of No Historic Properties Affected unless the scope of work or APE limits change, thus requiring additional review. Related documentation shall be forwarded to SHPO as described in Section VIII. D.
Finding of No Historic Properties Affected. If INDOT determines, in consultation with the SHPO and consulting parties, that no historic properties will be affected by the undertaking, INDOT will make a finding of “no historic properties affected,” and documentation (800.11[d]) will be forwarded to the SHPO for concurrence. Copies of this documentation will be provided to all consulting parties and will be made available for public inspection. INDOT may proceed with the project if the SHPO has agreed, in writing, with the finding or if within 30 days of receipt neither SHPO nor another consulting party has objected to the finding. If the SHPO or any consulting party objects, in writing, to INDOT's finding within 30 days of receipt of an adequately documented finding, the documentation will be submitted to FHWA for resolution. If, through consultation, consensus can be reached, the process will move forward in accordance with this agreement. If consensus is not achieved, the undertaking will not be developed under this agreement, but instead will proceed in accordance with 36 CFR Part 800.3 through 800.
Finding of No Historic Properties Affected. If the HPT Staff determines there are no historic properties that will be affected within the project APE, the HPT Staff makes a finding of No Historic Properties Affected. The HPT Staff or consultant CRP prepares a draft consultation letter that the HPT Staff submits to the HPT Team Lead, along with any supporting documentation. After the HPT Team Lead reviews and approves the draft letter, the HPT Staff prepares the final letters for mailing and the HPT Team Lead signs them and returns them to the HPT Staff for final processing and transmittal to the consulting parties. • The SHPO typically responds within 15 calendar days with their concurrence or comments. All other consulting parties have 35 days to respond.
Finding of No Historic Properties Affected a. If no historic properties are present, the property does not meet the eligibility criteria for inclusion on the NRHP, or the Undertaking is designed to avoid affecting the character-defining features of a historic property or properties of religious and/or cultural significance to a Tribe, FEMA will make a finding of “no historic properties affected” in accordance with 36 C.F.R. § 800.4(d)(1).
b. FEMA will notify the SHPO and any consulting parties of this finding and provide supporting documentation. In the case of FEMA’s disaster response and recovery Programs, unless the SHPO or consulting parties object to this finding within ten (10) days after receipt, FEMA will complete the Section 106 review and may approve funding. In the case of FEMA’s preparedness grant Programs, the SHPO or any consulting party shall make any objections known within thirty (30) days as provided for in 36 C.F.R. § 800.4(d)(1).
Finding of No Historic Properties Affected. Where, as a result of its Stipulation VI.A review, it is determined that there are no National Register listed or eligible properties within the APE, Qualified Staff shall make a finding, pursuant to 36 CFR § 800.4(d)(1) of no historic properties affected. CTDOT may consult with CTSHPO regarding application of the 36 CFR § 800.4 criteria. No further review under Section 106 is required for a finding of no historic properties affected unless the scope of work or limits change, thus requiring additional review.
Finding of No Historic Properties Affected a. For all those undertakings not screened and exempted under Attachment 3, if FHWA, with ADOT’s assistance, determines that either there are no historic properties within the APE, or historic properties are present but will not be affected by the undertaking, FHWA shall issue a finding of No Historic Properties Affected pursuant to 36 CFR § 800.4(d)(1). An ADOT CRP will recommend the effects finding for FHWA’s consideration. At the time of the finding, an ADOT CRP will document the finding for the quarterly report, as required under Stipulation XIX.B.
b. If FHWA finds there are historic properties that may be affected by the undertaking under 36 CFR § 800.4(d)(2), FHWA shall make a finding of effect in accordance with Stipulation X.F.2 or Stipulation X.F.3, as applicable.
Finding of No Historic Properties Affected. The Undertaking shall be considered to have “no historic properties affected” if the Agency Official determines that either there are no historic properties located within the APE or the characteristics which made the identified historic properties eligible for the NRHP shall not be affected by the Undertaking.
1. The Agency Official shall document a finding of No Historic Properties Affected, following the standards outlined in 36 CFR 800.11(d), and provide copies to the CPIU.
2. Consultation on findings of No Historic Properties Affected
(a) Following receipt of a finding of No Historic Properties Affected, the CPIU shall have forty-five (45) days to comment or object.
(b) If within the forty-five (45) day review period, a CPIU notifies the Agency Official, in writing of an objection to a Finding of No Historic Properties Affected, the Agency Official shall consult with the appropriate SHPO(s) for seven (7) days to determine if the objection is warranted. If the objection is determined to be warranted, the Agency Official shall either seek additional consultation with the objecting party in an effort to resolve the disagreement or may seek to change the finding and follow the provisions of Stipulation VII.B or VII.C.
(c) If, following completion of the forty-five (45) day review period, the appropriate SHPO(s) agree that a finding of No Historic Properties Affected is appropriate, and there are no documented objections from other CPIU, the Agency Official may then carry out the Undertaking.
(d) Findings of No Historic Properties be reported in the annual report for this Agreement.
Finding of No Historic Properties Affected. The cultural resources evaluation process shall initially utilize the NRCS CPA-52 Environmental Evaluation form (Attachment 4; this form is required documentation for all NRCS planning and conservation practice activities) and Request for Cultural Resources Review Worksheets (Addition to Attachment 4) to document undertakings that have the potential to affect cultural resources (see: 36 CFR 800.3(a)). For those APEs with undertakings that have the potential to affect cultural resources and where NRCS conducts background research and a field inspection and determines there are no cultural resources present, consults with the appropriate parties and receives no statements of concern or no comments during the 30 day comment period, (Attachment 8) , and where the ACRS concludes there are no historic properties that will be affected, the ACRS may approve a finding of “Not Historic Properties Affected.” The Area Conservationist may approve this finding and allow projects to proceed. Reports will be provided to the SHPO on a quarterly basis organized by County If an undertaking’s APE is inventoried and properties are identified that may qualify for NRHP, the ACRS may still document a determination of “No Historic Properties Affected” or “Historic Properties Avoided” and proceed as long as the avoidance of all potentially eligible properties is achieved following established identification, consultation, and avoidance procedures. In these cases, the ACRS shall make the report available to the SHPO and tribes for a final 30 day review period. If any of the above mentioned criteria are positive, the Office of Archeology and Historic Preservation (OAHP) procedures for Cultural Resources Survey and Reporting Guidelines shall be followed. Cultural resources will be recorded on the Washington State Archaeological Inventory Form. Documentation will also include information on the appearance, significance, and integrity of the property to make a determination of eligibility for the NRHP. The SHPO/THPO and/or tribes shall have 30 calendar days to review and comment on any single report submitted by NRCS. If no response is received in 30 days, the NRCS will document the absence of a reply in the cooperator’s file and continue with project implementation. When inadvertent discoveries or construction discoveries are made, implementation will cease and appropriate documentation and consultation will commence.
Finding of No Historic Properties Affected. Where, as a result of Stipulation VIII.A, it is determined that there are no historic properties present, or there are historic properties present but the undertaking will have no effect on them as defined in 36 CFR 800.16(i), ARDOT shall make a finding of “no historic properties affected” and provide documentation to SHPO, the Osage Nation, other consulting Tribes, and other consulting parties, as requested. The type of documentation submitted will follow the procedure as stated in Appendix D.IV or Appendix X.XX. ARDOT shall request SHPO concurrence on the finding. If SHPO does not respond within thirty (30) calendar days, their concurrence will be assumed. No further review under Section 106 is required for a finding of no historic properties affected unless the scope of work or limits change, thus requiring additional review. Should any consulting party object, the disagreement will be resolved in compliance with 36 CFR 800.4(d)(1). Draft November 2020
Finding of No Historic Properties Affected. Where, as a result of its Stipulation
