Common use of RESOLVING OBJECTIONS Clause in Contracts

RESOLVING OBJECTIONS. A. Should any Signatory or Concurring Party to this PA object in writing to CNRH regarding how the proposed Undertaking is being carried out or the manner in which the terms of this PA are being carried out, CNRH shall consult with the objecting party and the SHPO to resolve the objection. All other signatories should be notified in writing that one of signatories is objecting to a specific action in this PA. The notification shall include the reasons for the objection and possible solutions. The objecting party shall do the notifications. B. If CNRH and the SHPO determine that the objection cannot be resolved, CNRH shall forward all documentation relevant to the dispute to the Advisory Council on Historic Preservation (ACHP), including CNRH’s proposed response to the objection. Within 30 days after receipt of all pertinent documentation, the ACHP will: 1. Advise CNRH that it concurs with CNRH’s proposed response, whereupon CNRH shall respond to the objection accordingly; or 2. Provide CNRH with recommendations pursuant to 36 CFR § 800.2(b)(2) which CNRH shall take into account in reaching a final decision regarding the dispute; or 3. Notify CNRH that it will comment pursuant to 36 CFR § 800.7(c) and proceed to comment on the subject in dispute. C. Should the ACHP not exercise one of the above options within 30 days after receipt of all pertinent documentation, CNRH may move forward with its proposed response. D. CNRH shall take into account the ACHP’s recommendation or comment provided in accordance with this stipulation with reference only to the subject objection. CNRH’s responsibility to carry out all actions under this PA that are not the subject of the objection shall remain unchanged.

RESOLVING OBJECTIONS. A. (1) Should any Signatory or Concurring Party signatory to this PA Agreement, any Indian tribe, organization or individual, or member of the public object in writing to CNRH Reclamation or to the Service regarding how the proposed Undertaking is being carried out or the manner in which the terms of this PA Agreement are being carried out, CNRH or to any documentation prepared in accordance with and subject to the terms of this Agreement, the RFA shall consult with the objecting party and the SHPO to resolve address the objection. All other signatories should be notified in writing that one of signatories The RFA shall determine a reasonable time frame for this consultation. If resolution is objecting to a specific reached within this time frame, the RFA may proceed with its action in accordance with the terms of the resolution. If resolution is not reached within this PA. The notification shall include time frame, the reasons for the objection and possible solutions. The objecting party shall do the notifications. B. If CNRH and the SHPO determine that the objection cannot be resolved, CNRH RFA shall forward all documentation relevant to the dispute objection to the Advisory Council on Historic Preservation (ACHP)Council, including CNRH’s the RFA=s proposed response to the objection. Within 30 days after receipt of all pertinent documentation, the ACHP willCouncil shall exercise one of the following options: 1. (a) Advise CNRH the RFA that it the Council concurs with CNRH’s in its proposed responseresponse to the objection, whereupon CNRH shall the RFA will respond to the objection accordingly. Thereafter, the RFA may proceed with its action in a manner consistent with its proposed response; or 2. (b) Provide CNRH the RFA with recommendations pursuant to 36 CFR § 800.2(b)(2) recommendations, which CNRH shall the RFA will take into account in reaching a final decision regarding its response to the disputeobjection. Upon reaching its final decision, the RFA will notify the objecting party and the Council of its final decision, and may thereafter proceed with its action; or 3. (c) Notify CNRH the RFA that it the objection will comment be referred for comment, pursuant to 36 CFR § 800.7(c) 800.7(a)(4), and proceed to refer the objection and comment. In this event, the RFA shall ensure that their agency heads are prepared to take the resulting comment on into account in accordance with 36 CFR 800.7(c)(4) and Section 110(l) of the subject in disputeNHPA. Thereafter, the RFA shall notify the objecting party and the Council of its final decision regarding the objection ,and may thereafter proceed with its action. C. (2) Should the ACHP Council not exercise one of the above foregoing options within 30 days after receipt of all pertinent documentation, CNRH the RFA may move forward assume the Council=s concurrence in its proposed response to the objection, advise the objecting party of that response and proceed with its proposed action in a manner consistent with that response. D. CNRH (3) Disputes pertaining to the NRHP eligibility of cultural resources covered by this Agreement shall take into account be addressed through consultation among the ACHP’s recommendation or comment provided signatories. If such consultation fails to resolve the dispute within a time frame deemed reasonable by the RFA, the dispute will be addressed by the RFA in accordance with this stipulation with reference only to the subject objection. CNRH’s responsibility to carry out all actions under this PA that are not the subject of the objection shall remain unchanged36 CFR ' 800.4(c)(2).

RESOLVING OBJECTIONS. A. 1. Should any Signatory or Concurring Party party to this PA object at any time in writing to CNRH regarding how the proposed Undertaking is being carried out or the manner in which the terms of this PA are being implemented, to any action carried outout or proposed with respect to implementation of the PA (other than the Undertaking itself), CNRH or to any documentation prepared in accordance with and subject to the terms of this PA, Caltrans shall immediately notify the other PA parties of the objection, request their comments on the objection within 15 days following receipt of Caltrans’ notification, and proceed to consult with the objecting party and the SHPO for no more than 30 days to resolve the objection. All Caltrans will honor the request of the other signatories should be notified parties to participate in writing that one of signatories the consultation and will take any comments provided by those parties into account. 2. If the objection is objecting to a specific resolved during the 30-day consultation period, Caltrans may proceed with the disputed action in this PA. The notification shall include accordance with the reasons for the objection and possible solutions. The objecting party shall do the notificationsterms of such resolution. B. 3. If CNRH and at the SHPO determine end of the 30-day consultation period, Caltrans determines that the objection cannot be resolvedresolved through such consultation, CNRH then Caltrans shall forward all documentation relevant to the dispute objection to the Advisory Council on Historic Preservation (ACHP), including CNRH’s Caltrans’ proposed response to the objection. Within 30 , with the expectation that the ACHP will, within thirty (30) days after receipt of all pertinent such documentation, : a. Advise Caltrans that the ACHP will: 1. Advise CNRH that it concurs with CNRH’s in Caltrans’ proposed responseresponse to the objection, whereupon CNRH shall Caltrans will respond to the objection accordingly. The objection shall thereby be resolved; or 2. b. Provide CNRH Caltrans with recommendations pursuant to 36 CFR § 800.2(b)(2) recommendations, which CNRH shall Caltrans will take into account in reaching a final decision regarding its response to the disputeobjection. The objection shall thereby be resolved; or 3. c. Notify CNRH Caltrans that it the objection will be referred for comment pursuant to 36 CFR § 800.7(c) and proceed to comment on refer the subject objection and comment. Caltrans shall take the resulting comments into account in disputeaccordance with 36 CFR § 800.7(c)(4) and Section 110(1) of the NHPA. The objection shall thereby be resolved. C. 4. Should the ACHP not exercise one of the above options within 30 days after receipt of all pertinent documentation, CNRH Caltrans may move forward with proceed to implement its proposed response. The objection shall thereby be resolved. D. CNRH 5. Caltrans shall take into account any of the ACHP’s recommendation recommendations or comment comments provided in accordance with this stipulation with reference only to the subject of the objection. CNRH’s Caltrans’ responsibility to carry out all actions under this PA that are not the subject subjects of the objection shall remain unchanged. 6. At any time during implementation of the measures stipulated in this PA, should a member of the public raise an objection in writing pertaining to such implementation to any signatory party to this PA, that signatory party shall immediately notify Caltrans. Caltrans shall immediately notify the other signatory parties in writing of the objection. Any signatory party may choose to comment in writing on the objection to Caltrans. Caltrans shall establish a reasonable time frame for this comment period. Caltrans shall consider the objection, and in reaching its decision, Caltrans will take all comments from the other signatory parties into account. Within 15 days following closure of the comment period, Caltrans will render a decision regarding the objection and respond to the objecting party. Caltrans will promptly notify the other signatory parties of its decision in writing, including a copy of the response to the objecting party. Caltrans’ decision regarding resolution of the objection will be final. Following issuance of its final decision, Caltrans may authorize the action subject to dispute hereunder to proceed in accordance with the terms of that decision. 7. Caltrans shall provide all parties to this PA, and the ACHP, if the ACHP has commented, and any parties that have objected pursuant to this stipulation, with a copy of its final written decision regarding any objection addressed pursuant to this stipulation. 8. Caltrans may authorize any action subject to objection under this stipulation to proceed after the objection has been resolved in accordance with the terms of this stipulation.

RESOLVING OBJECTIONS. A. 1. Should any Signatory or Concurring Party party to this PA MOA object in writing to CNRH FHWA regarding how the proposed Undertaking is being any action carried out or proposed with respect to the manner in which the terms Project or implementation of this PA are being carried outMOA, CNRH FHWA shall consult with the objecting party and the SHPO to resolve the objection. All other signatories should be notified in writing that one of signatories is objecting to a specific action in this PA. The notification shall include the reasons for the objection and possible solutions. The objecting party shall do the notifications. B. If CNRH and the SHPO determine after initiating such consultation FHWA determines that the objection cannot be resolvedresolved through consultation, CNRH FHWA shall forward all documentation relevant to the dispute objection to the Advisory Council on Historic Preservation (ACHP)Council, including CNRHFHWA’s proposed response to the objection. Within 30 thirty (30) days after receipt of all pertinent documentation, the ACHP willCouncil shall exercise one of the following options: 1. a. Advise CNRH FHWA that it the Council concurs with CNRHin FHWA’s proposed responseresponse to the objection, whereupon CNRH FHWA shall respond to the objection accordingly; or; 2. b. Provide CNRH FHWA with recommendations pursuant to 36 CFR § 800.2(b)(2) recommendations, which CNRH FHWA shall take into account in reaching a final decision regarding its response to the disputeobjection; or 3. c. Notify CNRH FHWA that it will comment pursuant to 36 CFR § 800.7(c800.7(a) and proceed to comment. Any Council comment on the subject provided in dispute. C. response to such a request will be taken into account by FHWA in accordance with 36 CFR 800.7(c)(4). Should the ACHP Council not exercise one of the above options within 30 thirty (30) days after receipt of all pertinent documentation, CNRH FHWA may move forward with assume the Council’s concurrence in its proposed response. D. CNRH response to the objection. FHWA shall take into account the ACHP’s any Council recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection. CNRH; FHWA’s responsibility to carry out all actions under this PA MOA that are not the subject subjects of the objection shall remain unchanged.

RESOLVING OBJECTIONS. A. Should any Signatory or Concurring Party party to this PA object in writing to CNRH EPA or NHDES regarding how the proposed Undertaking is being any action carried out or proposed with respect to any work covered under this agreement or to the manner in which the terms of such work is being implemented under this PA are being carried outPA, CNRH EPA or NHDES shall consult with the objecting party and the SHPO to resolve the objection. All other signatories should be notified in writing that one of signatories is objecting to a specific action in this PA. The notification shall include the reasons for the objection and possible solutions. The objecting party shall do the notifications. B. If CNRH and the SHPO determine after initiating such consultation, EPA or NHDES determines that the objection cannot be resolvedresolved through consultation, CNRH EPA or NHDES shall forward all documentation relevant to the dispute objection to the Advisory Council on Historic Preservation (ACHP), including CNRH’s the proposed response to the objectionobjection of EPA or NHDES. Within 30 thirty (30) days after receipt of all pertinent documentation, the ACHP willCouncil shall exercise one of the following options: 1. Advise CNRH EPA or NHDES that it the Council concurs with CNRH’s in the proposed responseresponse to the objection, whereupon CNRH EPA or NHDES shall respond to the objection accordingly; or 2. Provide CNRH EPA or NHDES with recommendations pursuant to 36 CFR § 800.2(b)(2) recommendations, which CNRH EPA or NHDES shall take into account in reaching a final decision regarding its response to the disputeobjection; or 3. Notify CNRH EPA or NHDES that it the objection will be referred for comment pursuant to 36 CFR § 800.7(c) 800.7 and proceed to refer the objection and comment. The resulting comment on shall be taken into account by EPA or NHDES in accordance with 36 CFR 800.7(c)(4) and Part 110(1) of the subject in disputeNHPA. C. B. Should the ACHP Council not exercise one of the above options within 30 thirty (30) days after receipt of all pertinent documentation, CNRH EPA or NHDES may move forward with assume the Council's concurrence in its proposed responseresponse to the objections. D. CNRH C. EPA or NHDES shall take into account the ACHP’s any Council recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection. CNRH; EPA’s and NHDES's responsibility to carry out all actions under this PA that are not the subject subjects of the objection shall remain unchanged.

RESOLVING OBJECTIONS. A. 1. Should any Signatory or Concurring Party party to this PA MOA object at any time in writing to CNRH regarding how the proposed Undertaking is being carried out or the manner in which the terms of this PA MOA are being implemented, to any action carried outout or proposed with respect to implementation of the MOA (other than the Undertaking itself), CNRH or to any documentation prepared in accordance with and subject to the terms of this MOA, Caltrans shall immediately notify the other MOA parties of the objection, request their comments on the objection within fifteen (15) days following receipt of Caltrans’ notification, and proceed to consult with the objecting party and the SHPO for no more than thirty (30) days to resolve the objection. All Caltrans will honor the request of the other signatories should be notified parties to participate in writing that one of signatories the consultation and will take any comments provided by those parties into account. 2. If the objection is objecting to a specific resolved during the thirty (30)-day consultation period, Caltrans may proceed with the disputed action in this PA. The notification shall include accordance with the reasons for the objection and possible solutions. The objecting party shall do the notificationsterms of such resolution. B. 3. If CNRH and at the SHPO determine end of the thirty (30)-day consultation period, Caltrans determines that the objection cannot be resolvedresolved through such consultation, CNRH then Caltrans shall forward all documentation relevant to the dispute objection to the Advisory Council on Historic Preservation (ACHP), including CNRH’s Caltrans’ proposed response to the objection. Within 30 , with the exception that the ACHP will, within thirty (30) days after receipt of all pertinent such documentation, : a. Xxxxxx Xxxxxxxx that the ACHP will: 1. Advise CNRH that it concurs with CNRH’s in Caltrans’ proposed responseresponse to objection, whereupon CNRH shall Caltrans will respond to the objection accordingly. The objection shall thereby be resolved; or 2. b. Provide CNRH Caltrans with recommendations pursuant to 36 CFR § 800.2(b)(2) recommendations, which CNRH shall Caltrans will take into account in reaching a final decision regarding its response to the disputeobjection. The objection shall thereby be resolved; or 3. c. Notify CNRH Caltrans that it the objection will be referred for comment pursuant to 36 CFR § 800.7(c) and proceed to comment on refer the subject objection and comment. Caltrans shall take the resulting comments into account in disputeaccordance with 36 CFR § 800.7 (c) (4) and Section 110(1) of the NHPA. The objection shall thereby be resolved. C. 4. Should the ACHP not exercise one of the above options within 30 thirty (30) days after receipt of all pertinent documentation, CNRH Caltrans may move forward with proceed to implement its proposed response. The objection shall thereby be resolved. D. CNRH 5. Caltrans shall take into account any of the ACHP’s recommendation recommendations or comment comments provided in accordance with this stipulation with reference only to the subject of the objection. CNRHCaltrans’s responsibility to carry out all actions under this PA MOA that are not the subject subjects of the objection shall remain unchanged. 6. At any time during implementation of the measure stipulated in this MOA, should a member of the public raise an objection in writing pertaining to such implementation to any signatory party to this MOA, that signatory party shall immediately notify BRLO-5922(077) Rumsey Bridge Replacement Project, Rumsey, Yolo County, California Memorandum of Agreement 7 Caltrans. Caltrans shall immediately notify the other signatory parties in writing of the objection. Any signatory party may choose to comment in writing on the objection to Caltrans. Caltrans shall establish a reasonable time from for this comment period. Caltrans shall consider the objection, and in reaching its decision, Caltrans will take all comments from the other signatory parties into account. Within fifteen (15) days following closure of the comment period, Caltrans will render a decision regarding the objection and respond to the objecting party. Caltrans will promptly notify the other signatory parties of its decision in writing, including a copy of the response to the objecting party. Caltrans’ decisions regarding resolution of the objection will be final. Following issuance of its final decision, Xxxxxxxx may authorize the action subject to dispute hereunder to proceed in accordance with the terms of that decision. 7. Caltrans shall provide all parties to this MOA, and the ACHP, if the ACHP has commented, and its parties that have objected pursuant to Stipulations V.C.3 and V.C.4, with a copy of its final written decision regarding any objection addressed pursuant to this stipulation. 8. Caltrans may authorize any action subject to objection under this stipulation to proceed after the objection has been resolved in accordance with the terms of this stipulation.