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

Findings of No Historic Properties Affected. FEMA shall make a finding of “no 486 historic properties affected” if no historic properties are present within the APE, 487 the Undertaking is designed to avoid historic properties, including archaeological 488 sites or properties of religious and/or cultural significance to Tribes, or the 489 Undertaking does not affect the character defining features of a historic property. 490 491 i. FEMA shall notify the SHPO, affected Tribes(s), and any other consulting 492 parties of this finding and provide supporting documentation in accordance 493 with 36 CFR § 800.11(d) and applicable documentation standards. Unless the 494 SHPO or affected Tribe(s) objects to the finding pursuant to the appropriate 495 timeframe outlined in Stipulation I.E.2 or I.E.3, FEMA shall complete the 496 Section 106 review. 497 498 ii. If the SHPO or affected Tribe(s) object to a finding of no historic properties 499 affected, FEMA may elect to consult with the objecting party to resolve the 500 disagreement. If the objection is resolved, FEMA may proceed with the 501 Undertaking in accordance with the resolution. If FEMA is unable to resolve 502 the disagreement, it will forward the finding and supporting documentation to 503 the ACHP and request that the ACHP review FEMA’s finding in accordance 504 with 36 CFR § 800.4(d)(1)(iv)(A) through 36 CFR § 800.4(d)(1)(iv)(C). 505 FEMA will consider the ACHP’s recommendation in making its final 506 determination. 507

Findings of No Historic Properties Affected. FEMA shall make a finding of “no 486 historic properties affected” if no historic properties are present within the APE, 487 the Undertaking is designed to avoid historic properties, including archaeological 488 sites or properties of religious and/or cultural significance to Tribes, or the 489 Undertaking does not affect the character defining features of a historic property. 490 491 . i. FEMA shall notify the SHPO, affected Tribes(s), and any other consulting 492 parties of this finding and provide supporting documentation in accordance 493 with 36 CFR § 800.11(d) and applicable documentation standards. Unless the 494 SHPO or affected Tribe(s) objects to the finding pursuant to the appropriate 495 timeframe outlined in Stipulation I.E.2 or I.E.3, FEMA shall complete the 496 Section 106 review. 497 498 . ii. If the SHPO or affected Tribe(s) object to a finding of no historic properties 499 affected, FEMA may elect to consult with the objecting party to resolve the 500 disagreement. If the objection is resolved, FEMA may proceed with the 501 Undertaking in accordance with the resolution. If FEMA is unable to resolve 502 the disagreement, it will forward the finding and supporting documentation to 503 the ACHP and request that the ACHP review FEMA’s finding in accordance 504 with 36 CFR § 800.4(d)(1)(iv)(A) through 36 CFR § 800.4(d)(1)(iv)(C). 505 FEMA will consider the ACHP’s recommendation in making its final 506 determination. 507.