Standard Project Review. For Undertakings not exempt from further Section 106 review, FEMA shall ensure that the following standard project review steps are implemented. In the interest of streamlining, FEMA may combine some or all of these steps during consultation in accordance with 36 CFR § 800.3(g).
Standard Project Review. For Undertakings not exempt from further Section 106 review, including ground disturbing activities, and construction related to 44 CFR §§ 206.117(b)(1)(ii) (temporary housing), 206.117(b)(3) (replacement housing), 206.117(b)(4) (permanent housing construction), 206.117(c)(1)(vi) (repair or replacement of privately owned access routes), and repair of multi-family housing units, FEMA shall ensure that the following standard project review steps are implemented. In the interest of streamlining, FEMA may combine some or all of these steps during consultation in accordance with 36 CFR § 800.3(g).
Standard Project Review. If after coordination with the SHPO and affected Tribe(s), FEMA determines that review is infeasible, FEMA shall document the outcome to the Section 106 process, and the applicable FEMA program shall take the outcome into account before making a decision whether to fund the Undertaking. FEMA shall provide written notification of its funding decision to the SHPO, appropriate Tribes and the ACHP.
Standard Project Review. For Undertakings not exempt from further Section 106 review, FEMA shall ensure that the following standard project review steps are implemented. In the interest of streamlining, FEMA may combine some or all of these steps during consultation in accordance with 36 CFR § 800.3(g).
1. Consulting Parties: FEMA shall consider all written requests of individuals and organizations to participate as consulting parties, and consult with the SHPO and participating Tribe(s) to identify any other parties that meet the criteria to be consulting parties and invite them to participate in the Section 106 process. FEMA may invite others to participate as consulting parties as the Section 106 consultation proceeds. FEMA shall invite any individual or organization that will assume a specific role or responsibility outlined in a Memorandum of Agreement (MOA) or Programmatic Agreement to participate as an invited signatory to the agreement.
Standard Project Review. A. Public and Consulting Party Involvement
1. The RE shall invite parties to consult on specific undertakings subject to review and not excluded by Stipulation V. Consulting parties include the RE, IEDA, SHPO, federally recognized Native American Indian Tribes with an interest in the area of the undertaking, Historic Preservation Commissions of a local government, individuals and organizations who, due to the nature of their legal or economic relation to the undertaking, or their concern with the undertaking’s effects on historic properties demonstrate a legitimate interest, and the public, Appendix A (36 CFR § 800.2).
B. Identification and Evaluation of Historic Properties
Standard Project Review. For Undertakings not subject to the review process in Stipulations II.A. or II.B. , FEMA shall ensure that the following standard project review steps are implemented and that documentation provided is consistent with guidance provided in Appendix E, to the extent feasible. In the interest of streamlining, FEMA may combine some or all of these steps during consultation in accordance with 36 C.F.R. § 800.3(g).
Standard Project Review. A. Except as detailed elsewhere in this PA, the City’s responsibilities are as follows:
1. The City will establish the APE for each Undertaking based on the definition provided in 36 CFR §800.16(d); and,
2. The City will determine if the APE contains historic properties that are listed in or eligible for inclusion in the NRHP in accordance with “The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation” (48 FR 44716), and will consult with interested individuals and organizations in conducting this effort as appropriate; and,
3. Archaeological resources that are unevaluated for inclusion in the NRHP may be treated as eligible, if eligibility testing does not occur; and,
4. The City will assess each proposed Undertaking to determine its effect on historic properties as defined in 36 CFR §800.16(i) and will develop and carry out an ATP and/or HPTP to avoid, minimize or mitigate any adverse effects on these properties to the extent possible; and,
5. For Undertakings that have been determined to have No Adverse Effect to historic properties, the City will follow the general Monitoring and Discovery Plan for the City of Phoenix (Montero and Xxxxxxx 2004), as updated; and,
6. As delineated under Stipulation III.B. of this PA, the City will consult with the Tribes, SHPO, and ASM, as applicable, on proposed projects during identification, effect determination and treatment plan development phases where the proposed Undertaking has the potential to adversely affect properties that possess tribal religious and cultural significance; and,
7. For a given Undertaking, the City, may, when warranted, expedite consultation through addressing multiple steps in the Section 106 process, as presented in this Stipulation, in accordance with 36 CFR §800.3(g). These steps include, but are not limited to, consultation on the APE, identification of historic properties, National Register evaluations, findings of effect for the undertaking, and treatment measures. The City will ensure that SHPO, Tribes, and any other consulting parties have thirty (30) days to express their views; and,
8. All consultation among the City and: SHPO; federal and state land managing agencies; Tribes; and, other consulting parties to an undertaking will be conducted within the review periods stipulated below. If, by the end of the review period, the City does not receive comments from one or more of the consulting parties to the Undertaking, the City will make at l...
Standard Project Review. For Undertakings not exempt from further Section 106 review due to the use of a Programmatic Allowance, NCORR shall ensure that the following standard Section 106 project review steps are implemented. In the interest of streamlining, NCORR may combine some or all of these steps during consultation in accordance with 36 C.F.R. § 800.3(g).
Standard Project Review. The signatories of this agreement will follow the following review for all non-emergency undertakings:
A. Area of Potential Effects (APE): For all project review of standing structures the APE will be the individual facility (as defined in 44 CFR §206.201(c)) when an Undertaking is limited to the in-kind repair or rehabilitation of the facility’s interior or exterior. FEMA will establish the APE in consultation with the SHPO for all other Undertakings including those that may affect archaeological properties. FEMA will also identify and invite other appropriate parties (such as local governments and the public) to provide information related to the APE.
B. In accordance with 36 CFR §800.4(b,c), FEMA will determine, in consultation with the SHPO, if the APE contains properties (including archaeological properties) that are listed in or eligible for the National Register.
C. If no historic properties are present, or if an Undertaking is designed to avoid affecting the character defining features of such historic property or properties, FEMA will make a determination of “no historic properties affected” in accordance with 36 CFR §800.4(d)(1). FEMA will notify the SHPO and all consulting parties of this determination and provide supporting documentation. Unless the SHPO or any consulting party objects to this determination within 14 days after receipt, FEMA will complete the Section 106 review and may approve funding.
D. If an Undertaking may affect identified historic properties, or if the SHPO objects to the determination of “no historic properties affected” within 14 days after receipt, FEMA will consult with the SHPO to apply the criteria of adverse effect, pursuant to 36 CFR §800.5(a)(1), or determine if the Undertaking meets the SOI Standards for the Treatment of Historic Properties (Standards), or any other applicable SOI Standards. FEMA will also consider any views provided by consulting parties and the public related to such effects.
1. For standing structures only:
a. If FEMA and the SHPO agree that an Undertaking does not meet the adverse effect criteria or that it meets the Standards, FEMA will make a determination of “no adverse effect” pursuant to 36 CFR §800.5(b). FEMA will notify the SHPO and all consulting parties of this determination and provide supporting documentation pursuant to 36 CFR
Standard Project Review. For Undertakings not exempt from further review or that don’t meet an allowance, FEMA will ensure that the following standard project review steps are implemented. In the interest of streamlining, FEMA may combine some of these steps during consultation.
1. Consulting Parties: FEMA will consult with the SHPO and affected Tribe(s) to identify any other parties that meet the criteria to be consulting parties and invite them to participate in the Section 106 review process. FEMA may invite others to participate as consulting parties as the Section 106 review proceeds.
