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

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 FHWA/INDOT determines, in consultation with the SHPO and consulting partiesdetermines as a result of its identification efforts under 36 CFR § 800.4, that either there are no historic properties present, or that there are historic properties present but the undertaking will be affected by the undertakinghave no effect upon them under 36 CFR § 800.4(d)(1), FHWA/INDOT will make propose a finding of “no historic properties affectedNo Historic Properties Affected,” and documentation (800.11[d]) will be forwarded to the SHPO for concurrencereview. 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 findingcomment. If the SHPO or any consulting party objects, in writing, to FHWA/INDOT's finding within 30 days of receipt of an adequately documented proposed finding, the documentation will be submitted to FHWA FHWA/INDOT for resolution. If, through consultationconsultation among FHWA/INDOT, and SHPO and other consulting parties, 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.