Findings of No Historic Properties Affected a. FEMA shall make a finding of “no historic properties affected” under the following circumstances:
i. If no historic properties are present in the APE;
ii. The Undertaking is designed to avoid effects to historic properties, including National Register listed or eligible properties of religious or cultural significance to participating Tribe(s); or
iii. The Undertaking does not affect the character defining features of a historic property.
b. FEMA shall notify the SHPO, participating Tribe(s), and any other consulting parties of this finding and provide supporting documentation in accordance with 36 CFR § 800.11
Findings of No Historic Properties Affected. FEMA shall make a finding of “no historic properties affected” under the following circumstances:
a. If no historic properties are present in the APE; or
b. The Undertaking is designed to avoid effects to historic properties; or
c. The Undertaking does not affect the character defining features of a historic property.
d. FEMA shall notify the SHPO and any other consulting parties of this finding and provide supporting documentation in accordance with 36 CFR § 800.11(d). Unless the SHPO objects to the finding within the applicable timeframe outlined in Stipulation I.D, Timeframes and Communications, the Section 106 review of the Undertaking will have concluded.
e. If the SHPO objects to a finding of “no historic properties affected,” FEMA shall consult with the SHPO to resolve the disagreement.
i. If the objection is resolved, FEMA either may proceed with the Undertaking in accordance with the resolution or reconsider effects on the historic property by applying the criteria of adverse effect pursuant to Stipulation II.C.5, Application of the Criteria of Adverse Effect, below.
ii. If FEMA is unable to resolve the disagreement, it will forward the finding and supporting documentation to the ACHP and request that the ACHP review FEMA’s finding in accordance with 36 CFR § 800.4(d)(1)(iv)(A) through 36 CFR § 800.4(d)(1)(iv)(C). FEMA shall consider the ACHP’s recommendation in making its final determination. If FEMA’s final determination is to reaffirm its “no historic properties affected” finding, the Section 106 review of the Undertaking will have concluded. Otherwise, FEMA will proceed to Stipulation II.C.5., below.
Findings of No Historic Properties Affected. FEMA shall make a finding of “no 668 historic properties affected” if no historic properties are present in the APE; the 669 Undertaking is designed to avoid historic properties, including archaeological sites 670 or properties of religious or cultural significance to Participating Tribe(s); or the 671 Undertaking does not affect the character defining features of a historic property. 672
673 i. FEMA shall notify the SHPO, Participating Tribes(s), and any other consulting 674 parties of this finding and provide supporting documentation in accordance 675 with 36 CFR § 800.11(d) and applicable documentation standards. Unless the 676 SHPO or Participating Tribe(s) objects to the finding pursuant to the 677 appropriate timeframe outlined in Stipulation I.E.2 or I.E.3, Timeframes, 678 FEMA shall complete the Section 106 review. 679
680 ii. If the SHPO or Participating Tribe(s) objects to a finding of “no historic 681 properties affected”, FEMA may elect to consult with the objecting party to 682 resolve the disagreement. If the objection is resolved, FEMA may proceed with 683 the action in accordance with the resolution. FEMA also may elect to 684 reconsider effects on the historic property by applying the criteria of adverse 685 effect pursuant to Stipulation II.D.4, Application of the Criteria of Adverse 686 Effect. If FEMA is unable to resolve the disagreement, it will forward the 687 finding and supporting documentation to the ACHP and request that the ACHP 688 review FEMA’s finding in accordance with 36 CFR § 800.4(d)(1)(iv)(A) 689 through 36 CFR § 800.4(d)(1)(iv)(C). FEMA will consider the ACHP’s 690 recommendation in making its final determination. 691 692 4. Application of the Criteria of Adverse Effect: If FEMA finds an Undertaking may 693 affect identified historic properties in the APE, including properties of religious or 694 cultural significance to Participating Tribe(s), or if a consulting party objects to the 695 finding of “no historic properties affected,” FEMA will apply the criteria of adverse 696 effect to historic properties within the APE(s), taking into account the views of the 697 consulting parties and public concerning effects in accordance with 36 CFR § 698 800.5(a). 699 700 a. If FEMA determines that an Undertaking does not meet the adverse effect criteria 701 or, for a standing structure, that the Undertaking meets the Standards, FEMA shall 702 propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). 703
Findings of No Historic Properties Affected. 1. In accordance with 36 CFR 800.4(d)(1), if the PQI finds that no historic properties are present within the APE or historic properties are present but the undertaking will have no effect on the characteristics that qualify the properties for inclusion in the NRHP, the PQI will submit documentation to the SHPO and all consulting parties using the currently approved No Historic Properties Affected letter templates.
2. Consistent with the confidentiality provisions of 36 CFR 800.11(c) as needed, the PQI will submit the finding of effect and supporting documentation to all consulting parties, including the SHPO and the Tribes, for comment.
3. If the SHPO does not comment on determinations and findings contained in a submission within thirty (30) calendar days of receipt, the DOT&PF’s responsibilities under Section 106 are fulfilled pursuant to 36 CFR 800.4(d)(1)(i).
4. If the SHPO or any consulting party object within thirty (30) calendar days of receipt of the finding, the PQI will consult with all consulting parties to resolve the issue and the DOT&PF will ensure the Section 106 process is completed on the undertaking in accordance with 36 CFR 800.4(d).
Findings of No Historic Properties Affected. FEMA shall make a finding of “no 486 historic properties affected” if no historic properties are present within the APE, 487 the Undertaking is designed to avoid historic properties, including archaeological 488 sites or properties of religious and/or cultural significance to Tribes, or the 489 Undertaking does not affect the character defining features of a historic property. 490 491 i. FEMA shall notify the SHPO, affected Tribes(s), and any other consulting 492 parties of this finding and provide supporting documentation in accordance 493 with 36 CFR § 800.11(d) and applicable documentation standards. Unless the 494 SHPO or affected Tribe(s) objects to the finding pursuant to the appropriate 495 timeframe outlined in Stipulation I.E.2 or I.E.3, FEMA shall complete the 496 Section 106 review. 497 498 ii. If the SHPO or affected Tribe(s) object to a finding of no historic properties 499 affected, FEMA may elect to consult with the objecting party to resolve the 500 disagreement. If the objection is resolved, FEMA may proceed with the 501 Undertaking in accordance with the resolution. If FEMA is unable to resolve 502 the disagreement, it will forward the finding and supporting documentation to 503 the ACHP and request that the ACHP review FEMA’s finding in accordance 504 with 36 CFR § 800.4(d)(1)(iv)(A) through 36 CFR § 800.4(d)(1)(iv)(C). 505 FEMA will consider the ACHP’s recommendation in making its final 506 determination. 507
Findings of No Historic Properties Affected. 50 a. Basis for Finding. The Corps shall make findings of "no historic properties affected" for 51 each Project phase, feature, type of effect, or individual APE under the following 52 circumstances:
1 i. If no historic properties are present in the APE; or
2 ii. The Project phase or feature shall avoid effects to historic properties (including 3 cumulative effects).
4 b. The Corps shall notify Consulting Parties of each finding and provide supporting 5 documentation in accordance with 36 C.F.R. § 800.11(d). Unless a Consulting Party 6 objects to a finding within 30 days, the Section 106 review of the specific Project phase,
8 c. If a Consulting Party objects within 30 days to a finding of "no historic properties 9 affected," the Corps shall consult with the objecting Party to resolve the disagreement.
10 i. If the objection is resolved, the Corps either may proceed with the specific Project 13 pursuant to 36 C.F.R. § 800.5(a)(l).
14 ii. If the Corps is unable to resolve the disagreement within 30 days, it will forward the 15 finding and supporting documentation to ACHP and request that ACHP review the 16 Corps' finding in accordance with the process described in 36 C.F.R. § 800.4(d)(1)(ii). 17 If the Corps' final determination is to reaffirm its "no historic properties affected" 18 finding, the Section 106 of the NHPA review of the specific Project phase, feature, 19 type of effect, or individual APE will have concluded. If the Corps revises its finding, 20 then it shall proceed to Stipulation III.B.2 (Findings of No Adverse Effect) or 21 Stipulation III.B.3 (Determination of Adverse Effect) below.
Findings of No Historic Properties Affected. FEMA shall make a finding of “no 604 historic properties affected” under the following circumstances: 605
606 a. If no historic properties are present in the APE; 607 608 b. The Undertaking is designed to avoid effects to historic properties, including 609 National Register listed or eligible properties of religious or cultural significance 610 to participating Tribe(s); or 611
612 c. The Undertaking does not affect the character defining features of a historic 613 property. 614
615 d. FEMA shall notify the SHPO, participating Tribes(s), and any other consulting 616 parties of this finding and provide supporting documentation in accordance with 36 617 CFR § 800.11
Findings of No Historic Properties Affected. FEMA shall make a finding of “no historic 623 properties affected” under the following circumstances: 625 a. 626 627 b. 628 629 630 631 c. 632 633 634 d. 635 636 637 638 639 640 e. 641 642 643 644 645 646 If no historic properties are present in the APE; or The Undertaking is designed to avoid effects to historic properties, including National Register listed or eligible properties of religious or cultural significance; or The Undertaking does not affect the character defining features of a historic property. FEMA shall notify the SHPO, and any other consulting parties of this finding and provide supporting documentation in accordance with 36 CFR § 800.11(d). Unless the SHPO, objects to the finding within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, the Section 106 review of the Undertaking will have concluded. If the SHPO objects to a finding of “no historic properties affected,” FEMA shall consult with the objecting party to resolve the disagreement.
i. If the objection is resolved, FEMA either may proceed with the Undertaking in accordance with the resolution or reconsider effects on the historic property by applying the criteria of adverse effect pursuant to Stipulation II.C.5, Application of the Criteria of Adverse Effect, below. 647
Findings of No Historic Properties Affected. FEMA shall make a finding of “no historic properties affected” under the following circumstances:
Findings of No Historic Properties Affected. The Corps will submit a report of all undertakings for which the Corps made a determination of “no historic properties affected” to the Colorado SHPO and Pueblo of Santa Xxx THPO on an annual basis no later than March 31 of each year, and to the New Mexico SHPO on a quarterly basis. The report will include, at a minimum, a summary of the undertaking, information on where the undertaking occurred, and references to the inventory documentation that was used to make the determination.
