No Historic Properties Affected Clause Samples
The "No Historic Properties Affected" clause states that a proposed project or action will not impact any properties that are listed or eligible for listing on historic registers. In practice, this clause is often used in environmental or cultural resource reviews, where an assessment determines that the area of potential effect contains no historic buildings, sites, or artifacts. Its core function is to document compliance with preservation laws and regulations, thereby streamlining project approval by confirming that no further historic preservation review is necessary.
No Historic Properties Affected. If the PennDOT CRPs determine that either there are no historic properties within the APE, or historic properties are present but will not be affected by the undertaking, the PennDOT CRPs shall issue a finding of No Historic Properties Affected through PATH. The PennDOT CRPs will document their finding according to Stipulation IV and the Cultural Resources Handbook and will notify the SHPO, the Lead Federal Agency, Tribes and Nations, and other consulting parties that a finding has been made, and make the documentation available for public inspection prior to approving the undertaking. Except when dispute resolution in Stipulation XI is invoked, PennDOT may consider Section 106 concluded.
No Historic Properties Affected. Unless otherwise negotiated, when no historic properties are found or when there is low probability of the presence of historic properties (as determined in consultation with HIP consulting parties) the HIP shall direct the Agency Official to propose a finding of No Historic Properties Affected, and provide documentation supporting the finding, consistent with 36 CFR § 800.11 to HIP consulting parties and provide thirty (30) days from receipt for review and comment. The FS will consider comments from HIP consulting parties before making a final finding of effect.
No Historic Properties Affected. Undertakings for which available information (including information provided by other consulting parties and/or Indian tribes) provides a reliable basis for reasonably predicting the undertaking would unlikely cause effects on historic properties, assuming such historic properties were present, a NCDOT CR Specialist for archaeology and historic architecture can issue separate findings of No Historic Properties Affected for the project using the No Historic Properties Affected Forms in Attachment D.
i. The No Historic Properties Affected Forms shall be included as part of the appropriate NEPA project files. These documents satisfy the consultation requirements and results in a finding of No Historic Properties Affected in accordance with 36 CFR 800.4(d)(1).
ii. NCDOT shall provide copies of the completed No Historic Properties Affected Forms to SHPO annually.
iii. If changes to the plans result in potential effects to historic properties after the NCDOT CR Specialist(s) issue the findings of No Historic Properties Affected but prior to commencement of construction, the project must be re-evaluated in accordance with Stipulation V.
iv. If historic properties are discovered after the NCDOT CR Specialist(s) issue the finding of No Historic Properties Affected and after the commencement of construction, the procedure described in Stipulation VI of this PA shall apply.
No Historic Properties Affected. If no properties are identified within the area of potential effect or if through application of the site protection measures in Attachment 3 potential effects have been excluded from all eligible and unevaluated properties, and provided that none of the conditions requiring case-by-case consultation specified in the Programmatic Agreement (Stipulation V.E.6) apply, a determination of “no historic properties affected” will be made for the Project. For prescribed fires, this will include only those Projects in which a 100% survey is conducted and all eligible and unevaluated properties will be protected. For other types of activities, if less than a 100% survey is conducted, the discussion of effects will include a rationale addressing the sufficiency of the level of effort.
No Historic Properties Affected. The USACE shall make a reasonable and good faith effort to evaluate the effect of each undertaking on historic properties in the APE. The USACE may conclude that no historic properties are affected by an undertaking if no historic properties are present in the APE, or the undertaking will have no effect as defined in 36 CFR 800.16(i). This finding shall be documented in compliance with 36 CFR 800.11(d) and the documentation shall be provided to the SHPO and retained by the USACE for at least seven (7) years. The USACE shall provide information on the finding to the public upon request, consistent with the confidentiality requirements or 36 CFR 800.11(c).
No Historic Properties Affected. A finding of no historic properties affected can be made after preparation of a complete undertaking record, as per the SOP, if the undertaking falls into one of the following categories:
1. Properties not requiring SHPO concurrence:
a. The affected property is documented in VCRIS (as either an individual property or as part of a district) and has been determined by the SHPO to be ineligible for listing on the NRHP within the past 7 years; or
b. The affected property is listed as non-contributing in the inventory of a district listed on the NRHP; or
c. If the affected property has a building, structure, or object that has not been previously documented in VCRIS that is less than fifty (50) years of age, provided the City determines the property does not meet the NRHP Criteria Consideration G, for properties that have achieved exceptional significance within the past fifty (50) years; or
d. The affected property is not located in a NRHP-Eligible or Potentially NRHP-Eligible Historic District as illustrated on the map of Architecturally Sensitive Areas (Appendix 7) and the City determines that the property does not meet the NRHP criteria for individual listing on the NRHP; or
e. The affected property is located within a NRHP-Eligible or Potentially NRHP-Eligible Historic District as illustrated on the map of Architectural Sensitivity Map (Appendix 7) and the City determines that the property does not contribute to the significance of the eligible district or has lost significant integrity; or
f. The property is a manufactured (mobile) home.
No Historic Properties Affected. (1) Standing Structures Constructed after 1963: SHPO does not object to FEMA’s determination that all school facilities constructed after 1963 are not eligible for inclusion in the NRHP. FEMA or any other lead Federal agency will reassess this determination if it will provide assistance to undertakings beyond Phase 1.
a. The lead Federal agency is not required by this 2PA to request the SHPO’s review of NRHP eligibility determinations or effect determinations for undertakings to alter or demolish school facilities or campuses constructed after 1963.
b. The lead Federal agency will consult further with SHPO and others, as appropriate, as described in Stipulations VIII.B, VIII.C or IX, about the effects of a new school facility that will be constructed on the site of a school facility that was constructed after 1963 but is within the boundaries of a National Register Historic District or if a property that is eligible for or listed in the National Register is within the APE of the new school facility.
(2) Standing Structures Constructed Before 1964: The lead Federal agency may determine that a proposed undertaking does not affect historic properties when:
a. The lead Federal agency determines that no properties within the APE are eligible for inclusion in the NRHP; or
b. The lead Federal agency determines that an undertaking proposes work that is not included in the Allowances set out in Appendix C but that the proposed undertaking will not alter characteristics of a standing structure within the APE that qualifies it for inclusion in or eligibility for the NRHP.
No Historic Properties Affected. If VDOT finds that either there are no historic properties present or there are historic properties present but the undertaking will have no effect upon them as defined in 800.16(i), VDOT shall provide the documentation of its finding to the SHPO and other consulting parties in accordance with 36 CFR 800.4(d). If the SHPO or other consulting party objects to a finding of “no historic properties affected,” and VDOT is unable to resolve that objection, the objection will be referred to the lead Federal Agency who will follow the requirements of 36 CFR 800.5(c)(2).
No Historic Properties Affected. If the results of the internal evaluation process indicate that any identified cultural resources can and will be avoided, PNM will submit a Maintenance Evaluation Report via email or as hard copy to the BIA and Consulting Parties. This report will confirm that the resources can and will be avoided and PNM may proceed with the activity. No response or approval will be required before work begins. No Adverse Effect. If the results of the internal evaluation process indicate that identified cultural resources exist in the activity area, but adverse effects can be avoided, PNM will submit a Maintenance Evaluation Report via email or as a hard copy to the BIA and the applicable federal land manager and New Mexico SHPO for federal lands or New Mexico State Trust Lands for a thirty (30) calendar day review and comment period. Work on the planned activity can commence after review and concurrence with the No Adverse Effect determination. If no response from the applicable federal land manager, the New Mexico SHPO or the BIA is received by PNM within thirty (30) calendar days, PNM may proceed with the activity.
No Historic Properties Affected. If APS and HCPO collaboratively agree on measures that will avoid effects to historic properties, which may include adequate avoidance distance and/or the presence of an HCPO monitor, then the activity will have a finding of no historic properties affected. When APS and HCPO implement such measures that will have no effect to historic properties, APS will record the collaborative decision and report the activity and decision in a summarized annual comment matrix to the BIA and Arizona SHPO as specified in Stipulation XII.