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 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. FEMA shall make a finding of “no 668 historic properties affected” if under the following circumstances: a. If no historic properties are present in the APE; the 669 ; b. The Undertaking is designed to avoid historic properties, including archaeological sites 670 or properties of religious or cultural significance to Participating participating Tribe(s); or the 671 or c. The Undertaking does not affect the character defining features of a historic property. 672. 673 i. d. FEMA shall notify the SHPO, Participating Tribes(sparticipating Tribe(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 participating Tribe(s) objects to the finding pursuant to within the 677 appropriate timeframe outlined in Stipulation I.E.2 or I.E.3I.D., TimeframesTimeframes and Communications, 678 FEMA shall complete the Section 106 review. 679. 680 ii. e. If the SHPO or Participating participating Tribe(s) objects to a finding of “no historic 681 properties affected”, ,” FEMA may elect to shall consult with the objecting party to 682 resolve the disagreement. . i. If the objection is resolved, FEMA either may proceed with 683 the action Undertaking in accordance with the resolution. FEMA also may elect to 684 resolution or reconsider effects on the historic property by applying the criteria of adverse 685 effect pursuant to Stipulation II.D.4II.C.5, Application of the Criteria of Adverse 686 Effect, below. ii. 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 FEMA’s final determination is to Participating Tribe(s), or if a consulting party objects to the 695 finding of reaffirm its “no historic properties affected,” finding, the Section 106 review of the Undertaking will have concluded. Otherwise, FEMA will apply the criteria of adverse 696 effect proceed to historic properties within the APE(s)Stipulation II.C.5., 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). 703below.

Findings of No Historic Properties Affected. FEMA NCORR shall make a finding of “no 668 historic properties affected” if under the following circumstances: a. If no historic properties are present in the APE; the 669 or b. The Undertaking is designed to avoid effects to historic properties, including archaeological sites 670 NRHP-listed or eligible properties of religious or and cultural significance to Participating consulting Tribe(s); or the 671 Undertaking does not affect the character defining features of a historic property. 672. 673 i. FEMA c. NCORR shall notify the SHPO, Participating Tribes(sconsulting Tribe(s), and any other consulting 674 parties of this finding and provide supporting documentation in accordance 675 with 36 CFR C.F.R. § 800.11(d) and applicable documentation standards). Unless the 676 SHPO or Participating consulting Tribe(s) ), objects to the finding pursuant to within the 677 appropriate applicable timeframe outlined in Stipulation I.E.2 or I.E.3I.B.1., Timeframes, 678 FEMA shall complete the Section 106 review. 679review of the Undertaking will have concluded. 680 ii. d. If the SHPO or Participating SHPO, consulting Tribe(s) ), objects to a finding of “no historic 681 properties affected”, FEMA may elect to ,” NCORR shall consult with the objecting party to 682 resolve the disagreement. . i. If the objection is resolved, FEMA NCORR may either proceed with 683 the action Undertaking in accordance with the resolution. FEMA also may elect to 684 resolution or reconsider effects on the historic property by applying the criteria of adverse 685 effect pursuant to Stipulation II.D.4II.B.5, Application of the Criteria of Adverse 686 Effect, below. ii. If FEMA NCORR 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 FEMANCORR’s finding in accordance with 36 CFR C.F.R. § 800.4(d)(1)(iv)(A) 689 through 36 CFR C.F.R. § 800.4(d)(1)(iv)(C). FEMA will NCORR shall 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 NCORR’s final determination is to Participating Tribe(s), or if a consulting party objects to the 695 finding of reaffirm its “no historic properties affected,” FEMA will apply finding, the criteria of adverse 696 effect to historic properties within the APE(s), taking into account the views Section 106 review of the 697 consulting parties and public concerning effects in accordance with 36 CFR § 698 800.5(a)Undertaking will have concluded. 699 700 a. If FEMA determines that an Undertaking does not meet the adverse effect criteria 701 orOtherwise, for a standing structureNCORR will proceed to Stipulation II.B.5, that the Undertaking meets the Standards, FEMA shall 702 propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). 703below.

Findings of No Historic Properties Affected. FEMA shall make a finding of “no 668 historic properties affected” if under the following circumstances: a. If no historic properties are present in the APE; the 669 or b. The Undertaking is designed to avoid effects to historic properties, including archaeological sites 670 National Register listed or eligible properties of religious or and cultural significance to Participating affected Tribe(s); or the 671 or c. The Undertaking does not affect the character defining features of a historic property. 672. 673 i. d. FEMA shall notify the SHPO, Participating participating consulting 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 SHPO, or Participating participating Tribe(s) objects to the finding pursuant to within the 677 appropriate applicable timeframe outlined in Stipulation I.E.2 or I.E.3I.E, TimeframesTimeframes and Communications, 678 FEMA shall complete the Section 106 review. 679review of the Undertaking will have concluded. 680 ii. e. If the SHPO SHPO, or Participating participating Tribe(s) objects ), object to a finding of “no historic 681 properties affected”, ,” FEMA may elect to shall consult with the objecting party to 682 resolve the disagreement. . i. If the objection is resolved, FEMA either may proceed with 683 the action Undertaking in accordance with the resolution. FEMA also may elect to 684 resolution or reconsider effects on the historic property by applying the criteria of adverse 685 effect pursuant to Stipulation II.D.4II.C.5, Application of the Criteria of Adverse 686 Effect, below. ii. 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 shall 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 FEMA’s final determination is to Participating Tribe(s), or if a consulting party objects to the 695 finding of reaffirm its “no historic properties affected,” finding, the Section 106 review of the Undertaking will have concluded. Otherwise, FEMA will apply the criteria of adverse 696 effect proceed 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). 703Stipulation II.C.5.

Findings of No Historic Properties Affected. FEMA shall make a finding of “no 668 620 historic properties affected” if under the following circumstances: 621 622 a. If no historic properties are present in the APE; the 669 623 624 b. The Undertaking is designed to avoid effects to historic properties, including archaeological sites 670 625 National Register listed or eligible properties of religious or cultural significance 626 to Participating participating Tribe(s); or the 671 627 628 c. The Undertaking does not affect the character defining features of a historic 629 property. 672630 673 i. 631 d. FEMA shall notify the SHPO, Participating participating Tribes(s), and any other consulting 674 632 parties of this finding and provide supporting documentation in accordance 675 with 36 633 CFR § 800.11(d) and applicable documentation standards). Unless the 676 SHPO or Participating participating Tribe(s) objects object to the finding pursuant to 634 within the 677 appropriate applicable timeframe outlined in Stipulation I.E.2 or I.E.3I.E, TimeframesTimeframes and 635 Communications, 678 FEMA shall complete the Section 106 reviewreview of the Undertaking will have concluded. 679636 680 ii. 637 e. If the SHPO or Participating participating Tribe(s) objects object to a finding of “no historic 681 properties 638 affected”, ,” FEMA may elect to shall consult with the objecting party to 682 resolve the 639 disagreement. 640 641 i. If the objection is resolved, FEMA either may proceed with 683 the action Undertaking in 642 accordance with the resolution. FEMA also may elect to 684 resolution or reconsider effects on the historic property by 643 applying the criteria of adverse 685 effect pursuant to Stipulation II.D.4II.C.5, 644 Application of the Criteria of Adverse 686 Effect, below. 645 646 ii. If FEMA is unable to resolve the disagreement, it will forward the 687 finding and 647 supporting documentation to the ACHP and request that the ACHP 688 review 648 FEMA’s finding in accordance with 36 CFR § 800.4(d)(1)(iv)(A) 689 through 36 649 CFR § 800.4(d)(1)(iv)(C). FEMA will shall consider the ACHP’s 690 recommendation 650 in making its final determination. 691 692 4If FEMA’s final determination is to reaffirm 651 its “no historic properties affected” finding, the Section 106 review of the 652 Undertaking will have concluded. Otherwise, FEMA will proceed to 653 Stipulation II.C.5., 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)below. 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). 703654

Findings of No Historic Properties Affected. FEMA shall make a finding of “no 668 historic properties affected” if historic 651 a. If no historic properties are present in the APE; the 669 or 652 653 b. The Undertaking is designed to avoid effects to historic properties, including archaeological sites 670 654 National Register listed or eligible properties of religious or cultural significance to Participating 655 participating Tribe(s); or the 671 656 657 c. The Undertaking does not affect the character defining features of a historic 658 property. 672659 673 i. 660 d. FEMA shall notify the SHPO, Participating participating Tribes(s), and any other consulting 674 661 parties of this finding and provide supporting documentation in accordance 675 with 36 662 CFR § 800.11(d) and applicable documentation standards). Unless the 676 SHPO or Participating participating Tribe(s) objects object to the finding pursuant to 663 within the 677 appropriate applicable timeframe outlined in Stipulation I.E.2 or I.E.3I.E, TimeframesTimeframes and 664 Communications, 678 FEMA shall complete the Section 106 reviewreview of the Undertaking will have concluded. 679665 680 ii. 666 e. If the SHPO or Participating participating Tribe(s) ), objects to a finding of “no historic 681 properties 667 affected”, ,” FEMA may elect to shall consult with the objecting party to 682 resolve the disagreement. 668 669 i. If the objection is resolved, FEMA either may proceed with 683 the action Undertaking in 670 accordance with the resolution. FEMA also may elect to 684 resolution or reconsider effects on the historic property by 671 applying the criteria of adverse 685 effect pursuant to Stipulation II.D.4II.C.5, Application 672 of the Criteria of Adverse 686 Effect, below. 673 674 ii. If FEMA is unable to resolve the disagreement, it will forward the 687 finding and 675 supporting documentation to the ACHP and request that the ACHP 688 review 676 FEMA’s finding in accordance with 36 CFR § 800.4(d)(1)(iv)(A) 689 through 36 677 CFR § 800.4(d)(1)(iv)(C). FEMA will shall consider the ACHP’s 690 recommendation 678 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 FEMA’s final determination is to Participating Tribe(s), or if a consulting party objects to the 695 finding of reaffirm 679 its “no historic properties affected,” finding, the Section 106 review of the 680 Undertaking will have concluded. Otherwise, FEMA will apply the criteria of adverse 696 effect proceed to historic properties within the APE(s)Stipulation 681 II.C.5., taking into account the views of the 697 consulting parties and public concerning effects in accordance with 36 CFR § 698 800.5(a)below. 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). 703682

Findings of No Historic Properties Affected. FEMA shall make a finding of “no 668 historic properties affected” if under the following circumstances: a. If no historic properties are present in the APE; the 669 ; b. The Undertaking is designed to avoid effects to historic properties, including archaeological sites 670 National Register listed or eligible properties of religious or and cultural significance to Participating Tribe(sOHA and participating Native Hawaiian organization(s); or the 671 or c. The Undertaking does not affect the character character-defining features of a historic property. 672. 673 i. d. FEMA shall notify the SHPO, Participating Tribes(sOHA, participating Native Hawaiian organization(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 SHPO, OHA, or Participating Tribe(sparticipating Native Hawaiian organization(s) objects to the finding pursuant to within the 677 appropriate applicable timeframe outlined in Stipulation I.E.2 or I.E.3I.E., TimeframesTimeframes and Communications, 678 FEMA shall complete the Section 106 review. 679review of the Undertaking will have concluded. 680 ii. e. If the SHPO SHPO, OHA, or Participating Tribe(sparticipating Native Hawaiian organization(s) objects to a finding of “no historic 681 properties affected”, ,” FEMA may elect to shall consult with the objecting party to 682 resolve the disagreement. . i. If the objection is resolved, FEMA either may proceed with 683 the action Undertaking in accordance with the resolution. FEMA also may elect to 684 resolution or reconsider effects on the historic property by applying the criteria of adverse 685 effect pursuant to Stipulation II.D.4II.C.5., Application of the Criteria of Adverse 686 Effect, below. ii. 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 shall 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 FEMA’s final determination is to Participating Tribe(s), or if a consulting party objects to the 695 finding of reaffirm its “no historic properties affected,” finding, the Section 106 review of the Undertaking will have concluded. Otherwise, FEMA will apply the criteria of adverse 696 effect proceed to historic properties within the APE(s)Stipulation II.C.5., 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). 703below.

Findings of No Historic Properties Affected. FEMA shall make a finding of “no 668 historic properties affected” if under the following circumstances: a. If no historic properties are present in the APE; the 669 ; b. The Undertaking is designed to avoid historic properties, including archaeological sites 670 or properties of religious or cultural significance to Participating participating Tribe(s); or the 671 or c. The Undertaking does not affect the character defining features of a historic property. 672. 673 i. d. FEMA shall notify the SHPO, Participating 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 participating Tribe(s) objects object to the finding pursuant to within the 677 appropriate timeframe outlined in Stipulation I.E.2 or I.E.3I.E, TimeframesTimeframes and Communications, 678 FEMA shall complete the Section 106 review. 679. 680 ii. e. If the SHPO or Participating participating Tribe(s) objects to a finding of “no historic 681 properties affected”, ,” FEMA may elect to shall consult with the objecting party to 682 resolve the disagreement. . i. If the objection is resolved, FEMA either may proceed with 683 the action Undertaking in accordance with the resolution. FEMA also may elect to 684 resolution or reconsider effects on the historic property by applying the criteria of adverse 685 effect pursuant to Stipulation II.D.4II.C.5, Application of the Criteria of Adverse 686 Effect, below. ii. 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 shall 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 FEMA’s final determination is to Participating Tribe(s), or if a consulting party objects to the 695 finding of “reaffirm its ‘no historic properties affected,” finding, the Section 106 review of the Undertaking will have concluded. Otherwise, FEMA will apply the criteria of adverse 696 effect proceed to historic properties within the APE(s)Stipulation II.C.5., 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). 703below.

Findings of No Historic Properties Affected. FEMA shall make a finding of “no 668 historic properties affected” if under the following circumstances: a. If no historic properties are present in the APE; the 669 ; b. The Undertaking is designed to avoid effects to historic properties, including archaeological sites 670 National Register listed or eligible properties of religious or cultural significance to Participating participating Tribe(s); or the 671 or c. The Undertaking does not affect the character defining features of a historic property. 672. 673 i. d. FEMA shall notify the SHPO, Participating 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 participating Tribe(s) objects object to the finding pursuant to within the 677 appropriate applicable timeframe outlined in Stipulation I.E.2 or I.E.3I.E, TimeframesTimeframes and Communications, 678 FEMA shall complete the Section 106 review. 679review of the Undertaking will have concluded. 680 ii. e. If the SHPO or Participating participating Tribe(s) objects object to a finding of “no historic 681 properties affected”, ,” FEMA may elect to shall consult with the objecting party to 682 resolve the disagreement. . i. If the objection is resolved, FEMA either may proceed with 683 the action Undertaking in accordance with the resolution. FEMA also may elect to 684 resolution or reconsider effects on the historic property by applying the criteria of adverse 685 effect pursuant to Stipulation II.D.4II.C.5, Application of the Criteria of Adverse 686 Effect, below. ii. 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 shall consider the ACHP’s 690 recommendation in making its final determination. 691 692 4If 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., 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). 703below.