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

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 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, including archaeological sites or properties of religious or cultural significance to Tribe(s); or c. The Undertaking does not affect the character defining features of a historic property. d. FEMA shall notify the SHPO 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.DI.D., Timeframes and Communications, FEMA shall complete the Section 106 review of the Undertaking will have concludedreview. e. If the SHPO SHPO, objects to a finding of “no historic properties affected,” FEMA shall consult with the SHPO 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. 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 will 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 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, including National Register listed or eligible properties of religious or cultural significance to appropriate Tribe(s); 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.DI.E, 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 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. 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. a. FEMA shall make a finding of “no historic properties affected” under the following circumstances: a. i. If no historic properties are present in the APE; or b. ii. The Undertaking is designed to avoid effects to historic properties; or, including archaeological sites or properties of religious or cultural significance to participating Tribe(s).‌ c. The Undertaking does not affect the character defining features of a historic property. d. b. FEMA shall notify the SHPO SHPO, participating Tribes(s), and any other consulting parties of this finding and provide supporting documentation in accordance with 36 CFR § 800.11(d). Unless the SHPO SHPO, or participating Tribe(s) objects to the finding within the applicable timeframe outlined in Stipulation I.DI.E, Timeframes and Communications, the Section 106 review of the Undertaking will have concluded. e. c. If the SHPO or participating Tribe(s) objects to a finding of “no historic properties affected,” FEMA shall consult with the SHPO 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. 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 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, including National Register listed or eligible 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.DI.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 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.5II.D.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., II.D.5. below.

Findings of No Historic Properties Affected. a. FEMA shall make a finding of “no historic properties affected” under the following circumstances: a. i. If no historic properties are present in the APE; or b. ii. The Undertaking is designed to avoid effects to historic properties; or c. The Undertaking does not affect the character defining features , including archaeological sites or properties of a historic propertyreligious or cultural significance to participating Tribe(s). d. b. FEMA shall notify the SHPO SHPO, participating Tribes(s), and any other consulting parties of this finding and provide supporting documentation in accordance with 36 CFR § 800.11(d). Unless the SHPO SHPO, or participating Tribe(s) objects to the finding within the applicable timeframe outlined in Stipulation I.DI.E, Timeframes and Communications, the Section 106 review of the Undertaking will have concluded. e. c. If the SHPO or participating Tribe(s) objects to a finding of “no historic properties affected,” FEMA shall consult with the SHPO 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. 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 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, including archaeological sites or properties of religious or cultural significance to participating Tribe(s); or c. or The Undertaking does not affect the character defining features of a historic property. d. . FEMA shall notify the SHPO SHPO, participating Tribes(s), and any other consulting parties of this finding and provide supporting documentation in accordance with 36 CFR § 800.11(d). Unless the SHPO objects or participating Tribe(s) object to the finding within the applicable timeframe outlined in Stipulation I.DI.E, Timeframes and Communications, FEMA shall complete the Section 106 review of the Undertaking will have concluded. e. review. If the SHPO or participating Tribe(s) objects to a finding of “no historic properties affected,” FEMA shall consult with the SHPO 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. 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 historic 697 properties affected” under the following circumstances: : 699 a. 700 701 b. 702 703 704 705 c. 706 707 708 709 710 711 712 d. 713 714 715 716 717 718 719 720 721 722 723 724 725 726 If no historic properties are present in the APE; or b. or The Undertaking is designed to avoid effects to historic properties, including National Register listed or eligible properties of religious or cultural significance to participating Nation(s); or c. The Undertaking does not affect the character defining features of a historic property. d. FEMA shall notify the SHPO SHPO, participating Nation(s), and any other consulting parties of this finding and provide supporting documentation in accordance with 36 CFR § 800.11(d). Unless the SHPO objects SHPO, participating Nation(s) or other consulting parties object to the finding within the applicable timeframe outlined in Stipulation I.DI.E, Timeframes and Communications, the Section 106 review of the Undertaking will have concluded. e. . If the SHPO SHPO, participating Nation(s) or other consulting parties objects to a finding of “no historic properties affected,” FEMA shall consult with the SHPO objecting party to resolve the disagreementobjection. 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 727 Undertaking will have concluded. Otherwise, FEMA will proceed to 728 Stipulation II.C.5., below. 729 730 5. Application of the Criteria of Adverse Effect: If FEMA finds an Undertaking may 731 affect historic properties in the APE, including those of religious or cultural 732 significance to affected Nation(s), FEMA shall apply the criteria of adverse effect to 733 historic properties within the APE(s), taking into account the views of the consulting 734 parties and the public concerning effects in accordance with 36 CFR § 800.5(a). 735 736 a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, 737 including a lack of effect to character defining features of a property, FEMA shall 738 propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). 740 i. FEMA shall notify the SHPO, participating Nation(s), and other consulting 741 parties of its finding and provide supporting documentation pursuant to 36 742 CFR §800.11(e). 743 744 ii. Unless the SHPO, participating Nation(s) or a consulting party objects within 745 the applicable timeframe outlined in Stipulation I.E, Timeframes and 746 Communications, FEMA will proceed with its “no adverse effect” 747 determination and conclude the Section 106 review. 748 749 iii. If the SHPO, participating Nation(s) or a consulting party objects to a finding 750 of “no adverse effect,” FEMA will consult with the objecting party to resolve 751 the objection. 752 753 1) If the objection is resolved, FEMA shall proceed with the Undertaking in 754 accordance with the resolution, or; 755 756 2) If the objection cannot be resolved, FEMA shall request that the ACHP 757 review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and 758 submit the required supporting documentation. FEMA shall consider the 759 ACHP’s comments in making its final determination. 760 761 b. If FEMA finds the Undertaking may adversely affect historic properties, FEMA 762 shall request that VDEM, or through VDEM, that the subrecipient revise the scope 763 of work to substantially conform to the Secretary’s Standards for standing 764 structures or avoid or minimize adverse effects for National Register listed or 765 eligible archaeological properties. 766 767 i. If the subrecipient modifies the scope of work to avoid the adverse effect(s), 768 FEMA shall notify the SHPO, participating Nation(s), and all other consulting 769 parties, and provide supporting documentation. Unless the SHPO, 770 participating Nation(s) or a consulting party makes a timely objection in 771 accordance with the applicable timeframe outlined in Stipulation I.E, 772 Timeframes and Communications, FEMA shall proceed with its “no adverse 773 effect” determination, including any conditions, and conclude the Section 106 774 review. 775 776 ii. If an Undertaking is not modified to avoid the adverse effect(s), FEMA shall 777 initiate consultation to resolve the adverse effect(s) in accordance with 778 Stipulation II.C.6, Resolution of Adverse Effects. 779

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, including National Register listed or eligible properties of religious or cultural significance to participating Tribe(s); or c. The Undertaking does not affect the character defining features of a historic property. d. FEMA shall notify the SHPO SHPO, participating Tribes(s), and any other consulting parties of this finding and provide supporting documentation in accordance with 36 CFR C.F.R. § 800.11(d). Unless the SHPO SHPO, participating Tribe(s), objects to the finding within the applicable timeframe outlined in Stipulation I.DI.E, Timeframes and Communications, the Section 106 review of the Undertaking will have concluded. e. If the SHPO SHPO, participating Tribe(s), or anther consulting party objects to a finding of “no historic properties affected,” FEMA shall consult with the SHPO 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. 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 C.F.R. § 800.4(d)(1)(iv)(A) through 36 CFR C.F.R. § 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 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, including National Register listed or eligible properties of religious or cultural significance to participating Tribe(s) or Native Hawaiian organization(s); or c. The Undertaking does not affect the character defining features of a historic property. d. FEMA shall notify the SHPO SHPO, participating Tribes(s) or Native Hawaiian organization(s), and any other consulting parties of this finding and provide supporting documentation in accordance with 36 CFR § 800.11(d). Unless the SHPO SHPO, participating Tribe(s), or Native Hawaiian organization(s) objects to the finding within the applicable timeframe outlined in Stipulation I.DI.E, Timeframes and Communications, the Section 106 review of the Undertaking will have concluded. e. If the SHPO SHPO, participating Tribe(s), or Native Hawaiian organization(s) objects to a finding of “no historic properties affected,” FEMA shall consult with the SHPO 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. 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 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 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. 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.