National Historic Preservation Act Compliance. 6.1. If Grantee is considering renovation work that would alter or otherwise improve the exterior or interior of a structure that will be used to accommodate the grant program, Grantee certifies it shall assist Grantor and the Office of Victims of Crime (OVC) in complying with the National Historic Preservation Act (NHPA).
6.2. Grantee must establish and maintain records to determine if the structure is 50 years or older. If any portion of the structure is 50 years or older, Grantee shall contact Grantor. Grantee shall provide Grantor with any information needed to comply with NHPA. This may include assisting Grantor and OVC in consulting with the State Historic Preservation Office and amending the proposed renovation to avoid any potential adverse impact to an historic structure. Grantee cannot begin the proposed renovation of a structure 50 years or older until Grantee receives written approval from Grantor.
6.3. Grantee acknowledges that this section applies to proposed renovation work whether or not it is being specifically funded with federal grant or matching funds. As long as the proposed renovation is being conducted by Grantee or any third party to accommodate the use of the federal grant or matching funds, Grantee must assist Grantor and OVC in complying with the NHPA.
6.4. If the records established and maintained by Grantee clearly document that the structure is less than 50 years old Grantee must submit these documents to Grantor to receive approval for the proposed renovation being exempt from the NHPA.
National Historic Preservation Act Compliance. Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 U.S.C. 470 et seq.), requires federal agencies to take into account the effects of their undertakings on properties eligible for inclusion in the National Register of Historic Places. An undertaking is defined as a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including those carried out by or on behalf of a federal agency; those carried out with federal financial assistance; those requiring a federal permit, license, or approval; and those subject to state or local regulation administered pursuant to a delegation or approval by a federal agency. In accordance with Section 101(b)(3) of the NHPA, the State Historic Preservation Officer (SHPO) has a specific consultative function in the Section 106 process and advises and assists federal agencies in carrying out their Section 106 responsibilities. The SHPO reflects the interests of the state and its citizens and advises the consultation process to help ensure that historic properties are considered throughout an undertaking’s planning and development. SHPO responsibilities include participating in consultation and reviewing an agency’s documentation and effect finding. Service issuance of an incidental take permit is a federal action subject to Section 106 of the NHPA. To comply with Section 106, the Service will consider the effects of permit issuance on properties listed on or eligible for listing in the National Register of Historic Places.
National Historic Preservation Act Compliance. (a) Until completion of consultation under the National Historic Preservation Act ("NHPA"), 16 U.S.C. § 470f, Covered Activities, as defined in Section 3.2. of this Agreement, shall not include any activity that but for the Permits would constitute unlawful Take of a Listed Covered Species and will adversely affect a Historic Property. A "Historic Property" means any site, building, structure, or object located within the Covered Lands (i) that is included in the National Register of Historic Places or (ii) that is (A) specifically identified in a written notice received by Plum Creek prior to the conduct of its otherwise Covered Activity from either Service or from an Interested Party and (B) is eligible for inclusion in the National Register of Historic Places. As used in this section 4.2.3, "Interested Party" means the State Historic Preservation Officer ("SHPO") for the State of Montana, Idaho, or Washington, as the case may be, or an Indian Tribe that attaches cultural significance to sites, buildings, structures, or objects that may be affected by the Covered Activity and each other "consulting party" under 36 C.F.R. § 800.2. For purposes of this Agreement, completion of NHPA consultation may be satisfied by the execution of a memorandum of agreement or programmatic agreement (which agreements may include provisions for phased procedures for NHPA compliance), as provided for in 36 C.F.R. §§ 800.4(b)(2), 800.6(c), and 800.14(b).
(b) Upon execution of this Agreement, the Services will pursue the completion of their consultation obligations under 16 U.S.C. § 470(f) with all possible diligence and without interruption and in all events complete such consultation within twelve months after the effective date of this Agreement.
(c) The Services and Plum Creek will work with SHPOs, Indian Tribes, and other consulting parties to seek ways to avoid, minimize or mitigate any adverse effects of Covered Activies on Historic Properties. Consistent with 36 C.F.R. 800.6(c)(2)(ii) and the assurances of this Agreement, the Services must obtain the express written consent of Plum Creek if, as a result of NHPA consultation, the Services seek to: (i) create, extend, or otherwise impose limitations or qualifications on Covered Activities; or (ii) allow any third party to create, extend, or otherwise impose limitations or qualifications on Covered Activities; or (iii) directly or indirectly impose on Plum Creek any substantive cultural resource protection requirements for...
National Historic Preservation Act Compliance. A federal agency’s issuance of a permit must comply with Section 106 of the National Historic Preservation Act of 1966, as amended. Section 106 requires the federal agency issuing the permit to take into account the effects of permit issuance on historic properties and to, among other things, consult with federally-recognized tribes and the State Historic Preservation Officer. CEQA includes similar requirements to consider impacts to historical resources, as well as a mandatory tribal consultation process established by Assembly Bill 52. The Parties have developed a set of standards and procedures to ensure that the extension of Authorized Take to Covered Activities complies with relevant federal, state, and local requirements relating to cultural resources. These standards are set forth in a Cultural Resources Management Plan [add citation to approved plan] that will be implemented by the Permittees in consultation with the Wildlife Agencies. The Parties agree to cooperate in the timely implementation of the Cultural Resources Management Plan.
National Historic Preservation Act Compliance. Construction contract(s) awarded by the Sponsor must incorporate all cultural resource requirements as determined by NRCS. The Sponsor will review the cultural resources report and comply with all avoidance and mitigation measures. If the Sponsor is using rock quarries as part of the project, the location and extent of the rock quarries must be verified by the NRCS State Cultural Resources Specialist (CRS). If the Sponsor has not been contacted by NRCS prior to starting construction, the Sponsor Project Manager must contact the NRCS State CRS, at 000-000-0000 or xxxxxx.xxxxxxxxxx@xx.xxxx.xxx, in writing, to verify that the Sponsor has taken all required action. Correspondence via email message to Xxxxxx is acceptable.
