Common use of Finding of No Historic Properties Affected Clause in Contracts

Finding of No Historic Properties Affected. The cultural resources evaluation process shall initially utilize the NRCS CPA-52 Environmental Evaluation form (Attachment 4; this form is required documentation for all NRCS planning and conservation practice activities) and Request for Cultural Resources Review Worksheets (Addition to Attachment 4) to document undertakings that have the potential to affect cultural resources (see: 36 CFR 800.3(a)). For those APEs with undertakings that have the potential to affect cultural resources and where NRCS conducts background research and a field inspection and determines there are no cultural resources present, consults with the appropriate parties and receives no statements of concern or no comments during the 30 day comment period, (Attachment 8) , and where the ACRS concludes there are no historic properties that will be affected, the ACRS will recommend a finding of “No Historic Properties Affected” to the Area Conservationist (AC). The AC will approve or disapprove the recommendation; if approved, projects will be allowed to proceed. Reports will be provided to the SHPO on a yearly basis organized by county. .If an undertaking’s APE is inventoried and properties are identified that may qualify for NRHP, the ACRS may still document a determination of “No Historic Properties Affected” or “Historic Properties Avoided” and proceed as long as the avoidance of all potentially eligible properties is achieved following established identification, consultation, and avoidance procedures. In these cases, the ACRS shall make the report available to the SHPO and tribes for a final 30 day review period. If any of the above mentioned criteria are positive, the DAHP procedures for Cultural Resources Survey and Reporting Guidelines shall be followed. Cultural resources will be recorded on the Washington State Archaeological Inventory Form. Documentation will also include information on the appearance, significance, and integrity of the property to make a determination of eligibility for the NRHP. The SHPO/THPO and/or tribes shall have 30 calendar days to review and comment on any single report submitted by NRCS. If no response is received in 30 days, the NRCS will document the absence of a reply in the cooperator’s file and continue with project implementation. When inadvertent discoveries or construction discoveries are made, implementation will cease and appropriate documentation and consultation will commence.

Finding of No Historic Properties Affected. The cultural resources evaluation process shall initially utilize the NRCS CPA-52 Environmental Evaluation form (Attachment 4; this form is required documentation for all NRCS planning and conservation practice activities) and Request for Cultural Resources Review Worksheets (Addition to Attachment 4) to document undertakings that have the potential to affect cultural resources (see: 36 CFR 800.3(a)). For those APEs with undertakings that have the potential to affect cultural resources and where NRCS conducts background research and a field inspection and determines there are no cultural resources present, consults with the appropriate parties and receives no statements of concern or no comments during the 30 day comment period, (Attachment 8) , and where the ACRS concludes there are no historic properties that will be affected, the ACRS will recommend may approve a finding of “No Not Historic Properties Affected.” to the The Area Conservationist (AC). The AC will may approve or disapprove the recommendation; if approved, this finding and allow projects will be allowed to proceed. Reports will be provided to the SHPO on a yearly quarterly basis organized by county. .If County If an undertaking’s APE is inventoried and properties are identified that may qualify for NRHP, the ACRS may still document a determination of “No Historic Properties Affected” or “Historic Properties Avoided” and proceed as long as the avoidance of all potentially eligible properties is achieved following established identification, consultation, and avoidance procedures. In these cases, the ACRS shall make the report available to the SHPO and tribes for a final 30 day review period. If any of the above mentioned criteria are positive, the DAHP Office of Archeology and Historic Preservation (OAHP) procedures for Cultural Resources Survey and Reporting Guidelines shall be followed. Cultural resources will be recorded on the Washington State Archaeological Inventory Form. Documentation will also include information on the appearance, significance, and integrity of the property to make a determination of eligibility for the NRHP. The SHPO/THPO and/or tribes shall have 30 calendar days to review and comment on any single report submitted by NRCS. If no response is received in 30 days, the NRCS will document the absence of a reply in the cooperator’s file and continue with project implementation. When inadvertent discoveries or construction discoveries are made, implementation will cease and appropriate documentation and consultation will commence.

Finding of No Historic Properties Affected. The cultural resources evaluation process shall initially utilize (a) If the NRCS CPA-52 Environmental Evaluation form (Attachment 4; this form is required documentation for all NRCS planning project does not meet the criteria in Appendix A or B and conservation practice activities) and Request for Cultural Resources Review Worksheets (Addition to Attachment 4) to document undertakings if ODOT-OES finds that have the potential to affect cultural resources (see: 36 CFR 800.3(a)). For those APEs with undertakings that have the potential to affect cultural resources and where NRCS conducts background research and a field inspection and determines there are no cultural resources present, consults with the appropriate parties and receives no statements of concern or no comments during the 30 day comment period, (Attachment 8) , and where the ACRS concludes there are either no historic properties that present within the APE or historic properties are present, but the undertaking will be affectedhave no effect on them as defined in 36 CFR § 800.16(i), the ACRS will recommend ODOT-OES shall make a finding of “No Historic Properties Affectedno historic properties affected” (36 CFR § 800.4(d)(1)) and specify any commitments that shall be imposed to secure that finding. (b) In general: (1) ODOT-OES shall ensure the preparation of documentation as set forth in 36 CFR § 800.11(d) to support the finding is completed and included in the project file. (2) ODOT-OES shall document the findings in a report that will be submitted quarterly to SHPO. In addition, ODOT-OES will provide SHPO access to its electronic environmental documentation system, which contains all Section 106-related correspondence, survey reports, effect determinations, and other decision-making documents as well as information on public involvement activities and other NEPA documentation. The electronic environmental documentation system serves as both the NEPA document and the electronic project file and is accessible in real time. In conjunction with the quarterly report noted above, for a period of one year, ODOT-OES and SHPO will meet to review the actions processed by ODOT-OES during the previous quarter. This review will focus on trends, best practices, and improvement opportunities. After this one year period, if mutually agreed upon, ODOT-OES and SHPO will conduct this review yearly as part of the annual Section 106 PA review. (3) If interested parties have requested Consulting Party status or a project has known public controversy based on historic preservation issues, ODOT- OES will submit a finding of “no historic properties affected” to SHPO and notify all consulting parties consistent with 36 CFR § 800.11(c). (a) If the Area Conservationist SHPO objects or comments within 15 days of receipt of the ODOT-OES finding, ODOT-OES and SHPO will consult to resolve the objection or comment. (AC). The AC will approve or disapprove the recommendation; if approved, projects will be allowed to proceed. Reports will be provided b) If SHPO does not respond to the SHPO on a yearly basis organized by county. .If an undertaking’s APE is inventoried and properties are identified that notice of this finding, ODOT- OES may qualify for NRHP, the ACRS may still document a determination of “No Historic Properties Affected” or “Historic Properties Avoided” and proceed as long as the avoidance of all potentially eligible properties is achieved following established identification, consultation, and avoidance procedures. In these cases, the ACRS shall make the report available to proceed. (4) ODOT-OES many consult at any time with the SHPO and tribes for a final 30 day review period. If any regarding application of the above mentioned criteria are positive, the DAHP procedures for Cultural Resources Survey and Reporting Guidelines shall be followed. Cultural resources will be recorded on the Washington State Archaeological Inventory Form. Documentation will also include information on the appearance, significance, and integrity of the property to make a determination of eligibility for the NRHP. The SHPO/THPO and/or tribes shall have 30 calendar days to review and comment on any single report submitted by NRCS. If no response is received in 30 days, the NRCS will document the absence of a reply in the cooperator’s file and continue with project implementation. When inadvertent discoveries or construction discoveries are made, implementation will cease and appropriate documentation and consultation will commencecriteria.