Non-Exempt Project Responsibilities Clause Samples

Non-Exempt Project Responsibilities a) Early Notification Prior to making a finding of effect for an undertaking, the PennDOT CRP will provide the SHPO with an Early Notification for those projects that are likely to have effects on historic properties. The Early Notification form will include a brief project description and a map location, as described in PennDOT’s Cultural Resources Handbook. b) Consulting Parties In consultation with the SHPO, and pursuant to 36 CFR 800.2(c), PennDOT CRPs will identify consulting parties and invite them to participate in the Section 106 process. PennDOT shall also seek and consider the views of consulting parties. Consulting parties may include local governments, owners of property affected by the undertaking, or other individuals or organizations with a demonstrated interest in the undertaking. c) Tribal Consultation PennDOT CRPs will initiate consultation with appropriate federally recognized Tribes and Nations following the protocol in Stipulation II.C and the procedures in PennDOT’s Tribal Consultation Handbook (Publication 591)or the Cultural Resources Handbook, where relevant. For those Tribes or Nations that have signed an individual memorandum of understanding with FHWA, the provisions of that agreement will be followed. d) Involving the Public Consistent with current state and federal laws and regulations and PennDOT policy, including the Public Involvement Handbook (Publication 295), FHWA and the PennDOT CRPs shall, through the opportunities afforded by the PennDOT project development process, seek and consider the views of the public, including municipalities and other interest groups. Public outreach will be conducted in a manner that reflects the nature and complexity of the undertaking and its effects on historic properties, the likely interest of the public in the effects on historic properties, the confidentiality and concerns of property owners, who are either private individuals and/or businesses, and the relationship of the federal involvement to the undertaking. e) Area of Potential Effect PennDOT CRPs will define the undertaking’s area of potential effect as defined in 36 CFR 800.16(d) (APE). The APE will initially be established during project field scoping. As the project develops, the APE will be adjusted, as necessary. The APE will be documented per Stipulation IV of this Amended PA and the Cultural Resources Handbook. (1) As a streamlining measure, PennDOT may combine consultation with the SHPO on the APE with consultation on det...

Non-Exempt Project Responsibilities