Common use of Programmatic Allowances Clause in Contracts

Programmatic Allowances. This list of Programmatic Allowances (Allowances) contains types of undertakings (projects) that have been determined to have low potential to affect historic properties if implemented as specified in this Appendix pursuant to Stipulation V.A Streamlined Project Review. These projects will not require further Section 106 review or consultation. The Allowances consist of two tiers – Tier 1 and Tier 2. Review and processing of the undertakings will be performed by a DOT&PF Professionally Qualified Individual (PQI). For new projects, if the PQI determines that any portion of a project’s scope of work does not conform to either the Tier 1 or Tier 2 lists, the DOT&PF shall conduct delegated Section 106 review for the entire undertaking in accordance with 36 CFR 800.3-800.6, pursuant to Appendix D Delegated Section 106 Process. For project updates, Programmatic Allowances may apply when the PQI determines that all of the new proposed work falls within the Tier 1 and 2 parameters, including all required conditions. When referenced in the Allowances: • “previously disturbed” refers to soils where previous work or activities have reduced the likelihood of possessing historic properties within their original depositional contexts. Intact subsurface soils may exist below and adjacent to the disturbed soils and any proposed work or activities must consider the depth at which the intact soils could be encountered. • “ground disturbance” refers to any work or activity that results in a disturbance of the soil (including planting, excavating, digging, trenching, plowing, drilling, tunneling, auguring, backfilling, blasting, topsoil stripping, land leveling, peat removing, quarrying, and clearing and grading). • “new ground disturbance” refers to any ground disturbance in previously undisturbed soils. The DOT&PF PQI shall verify: • that the project activities are listed as Tier 1 Allowances or Tier 2 Allowances; and • if the project is subject to and meets conditions noted specifically for ° any allowances; and ° if applicable, all Tier 2 General Conditions; and ° if applicable, Historic Roads Analysis for specific Tier 2 allowances. Tier 1 reviews can be conducted by any PQI. When the PQI responsible for the review of a Tier 2 undertaking requires cultural resource expertise outside of his/her area of specialty, the PQI will consult with another PQI having that area of expertise, and/or request the assistance of the SHPO cultural resources liaison, to identify the appropriate SHPO staff having that area of expertise.

Programmatic Allowances. This list of Programmatic Allowances (Allowances) contains types of undertakings (projects) that have been determined to have low potential to affect historic properties if implemented as specified in this Appendix pursuant to Stipulation V.A Streamlined Project Review. These projects will not require further Section 106 review or consultation. The Allowances consist of two tiers – Tier 1 and Tier 2. Review and processing of the undertakings will be performed by a DOT&PF Professionally Qualified Individual (PQI). For new projects, if If the PQI determines that any portion of a project’s scope of work does not conform to either the Tier 1 or Tier 2 lists, the DOT&PF shall conduct delegated Section 106 review for the entire undertaking in accordance with 36 CFR 800.3-800.6, pursuant to Appendix D Delegated Section 106 Process. For project updates, Programmatic Allowances may apply when the PQI determines that all of the new proposed work falls within the Tier 1 and 2 parameters, including all required conditions. When referenced in the Allowances: Valid thru Feb 23, 2019 • “previously disturbed” refers to soils where previous work or activities have reduced the likelihood of possessing historic properties within their original depositional contexts. Intact subsurface soils may exist below and adjacent to the disturbed soils and any proposed work or activities must consider the depth at which the intact soils could be encountered. • “ground disturbance” refers to any work or activity that results in a disturbance of the soil (including planting, excavating, digging, trenching, plowing, drilling, tunneling, auguring, backfilling, blasting, topsoil stripping, land leveling, peat removing, quarrying, and clearing and grading). • “new ground disturbance” refers to any ground disturbance in previously undisturbed soils. The DOT&PF PQI shall verify: • that the project activities are listed as Tier 1 Allowances or Tier 2 Allowances; and • if the project is subject to and meets conditions noted specifically for ° any allowances; and ° if applicable, all Tier 2 General Conditions; and ° if applicable, Historic Roads Analysis for specific Tier 2 allowances. Tier 1 reviews can be conducted by any PQI. When the PQI responsible for the review of a Tier 2 undertaking requires cultural resource expertise outside of his/her area of specialty, the PQI will consult with another PQI having that area of expertise, and/or request the assistance of the SHPO cultural resources liaison, to identify the appropriate SHPO staff having that area of expertise.