The Section 106 Process Clause Samples

The Section 106 Process. For all undertakings conducted pursuant to this Agreement, ODOT shall observe the following requirements: (A) Initiation of Section 106 Process. During the early stages of Section 106 review, ODOT shall follow the procedures in 36 CFR § 800.3. (B) Determine Area of Potential Effects ODOT shall determine and document an undertaking’s Area of Potential Effects (APE). Notwithstanding the requirements in 36 CFR § 800.4(a), ODOT may, but shall not be required to consult with SHPO in determining the APE. (C) Identifying and Evaluating Historic Properties ODOT-OES shall ensure the identification of historic properties that may be affected by an undertaking and gather information to evaluate the eligibility and integrity of these properties for the NRHP. Notwithstanding the requirements in 36 CFR §800.4(b), ODOT may, but shall not be required to consult with SHPO in identifying and evaluating historic properties within the APE of projects identified in Appendix A and Appendix B of this Agreement or projects classified as “No Historic Properties Affected” and defined in Section 4(D)(2) of this Agreement. (1) Information shall be obtained through cultural resource surveys or other appropriate methods. (2) Identification of historic and archaeological properties shall follow Archaeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines (48 FR 44716), as well as applicable SHPO and ODOT guidelines and manuals. (3) Except for properties already determined eligible for listing or already listed in the NRHP, ODOT-OES shall apply the National Register Criteria (36 CFR Part 63) and shall make an appropriate finding regarding eligibility. (4) For properties that are determined by ODOT-OES to be not eligible for inclusion in the NRHP, no further review shall be required provided that any objection to ODOT-OES’ determination raised by either SHPO or the ACHP is resolved in accordance with 36 CFR § 800.4(c)(2). (D) Determining Effects on Historic Properties (1) Finding of Minimal Potential to Cause Effects. (a) Application of Appendices A and B: (1) Appendix A lists project types that do not require coordination with either ODOT-OES or SHPO. For projects on this list, the district environmental staff may make the determination that the project will not impact historic properties. (2) Appendix B lists project types that require coordination with ODOT-OES to determine that there will be no impacts to historic properties. However, no coordination with th...
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The Section 106 Process. For all undertakings reviewed pursuant to this Agreement, UDOT shall use the following process: A. Initiation of the Section 106 Process 1. Establish the undertaking, determine if the undertaking is a type of activity that has the potential to cause effects on historic properties, and determine if the undertaking will occur on Tribal lands, or if the undertaking will require consultation with USACE. Coordination with USACE should be conducted early in the Section 106 process in order to determine if a permit is required. 2. If UDOT determines that the undertaking is one with no potential to cause effects, UDOT will document this decision in the project record and Section 106 is complete. Otherwise, continue the process. 3. Identify the appropriate ▇▇▇▇. ▇. Identify consulting parties, including Tribes, as appropriate, during the early stages of Section 106 review. If UDOT wishes to consult with SHPO on the identification of consulting parties, SHPO shall have 15 days to respond or concur. If SHPO does not respond within that time period, UDOT may assume that SHPO has no objections and may proceed. 5. Develop planning to involve the public, Tribes, USACE, and other consulting parties. 6. Begin consultation with consulting parties subject to limitations specified in Stipulation V. B. Identification of Historic Properties 1. Pursuant to 36 CFR 800.4(a), UDOT shall determine the scope of identification efforts, including determining and documenting the undertaking’s area of potential effects (APE), as defined at 36 CFR 800.16(d) and Attachment 7. If UDOT wishes to consult with SHPO and the USACE (to ensure scope and APE cover USACE’s permit area) on the scope of the identification efforts and the definition of the APE, SHPO shall have 15 days to respond or concur. If SHPO does not respond within that time period, UDOT may assume that SHPO has no objections and may proceed. 2. Pursuant to 36 CFR 800.4(b), UDOT shall ensure the identification of historic properties that may be affected by an undertaking and gather information to evaluate the eligibility and integrity of these properties for listing in the NRHP. 3. Information shall be obtained through cultural resource surveys or other appropriate methods. 4. Identification of historic properties shall follow the Secretary of the Interior’s Standards and Guidelines for Identification (48 FR 44720-23), and should be consistent with guidance issued by SHPO, UDOT, and USACE and any other guidance, methodologies, ag...
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The Section 106 Process 
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Related to The Section 106 Process

  • Amendment to Section 10 6.2. Section 10.6.2 is amended in its entirety to read as follows:

  • Amendment to Section 13 Section 13 of the Rights Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support Agreement, (iii) the consummation of the Offer, (iv) the consummation of the Merger, and (v) the consummation of the other transactions contemplated in the Merger Agreement shall not be deemed to be a Section 13 Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 13.”

  • Amendment to Section 12 4. Section 12.4 of the Credit ------------------------- ------------ Agreement is hereby amended and restated to read in its entirety as follows:

  • Governing Law; Venue; Service of Process (a) THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE; PROVIDED THAT THE AGENT AND EACH LENDER SHALL RETAIN ALL RIGHTS ARISING UNDER FEDERAL LAW. (b) ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT MAY BE BROUGHT IN THE COURTS OF THE STATE OF CALIFORNIA OR OF THE UNITED STATES FOR SUCH STATE, AND BY EXECUTION AND DELIVERY OF THIS AGREEMENT, THE BORROWER, THE AGENT AND EACH LENDER CONSENTS, FOR ITSELF AND IN RESPECT OF ITS PROPERTY, TO THE NON-EXCLUSIVE JURISDICTION OF THOSE COURTS. THE BORROWER, THE AGENT AND EACH LENDER IRREVOCABLY WAIVES ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION IN RESPECT OF ANY LOAN DOCUMENT OR OTHER DOCUMENT RELATED THERETO. THE BORROWER, THE AGENT AND EACH LENDER WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT OR OTHER PROCESS, WHICH MAY BE MADE BY ANY OTHER MEANS PERMITTED BY THE LAWS OF SUCH STATE.

  • Consent to Service of Process (a) The Bank hereby appoints the Fiscal Agent under the Fiscal Agency Agreement as its authorized agent (the “Authorized Agent”) upon whom process may be served in any action arising out of or based upon this Agreement which may be instituted in any State or Federal court in New York City by any Underwriter and expressly accepts the jurisdiction of any such court in respect of such action. Such appointment shall be irrevocable so long as any of the Securities remain outstanding unless and until the appointment of a successor Fiscal Agent as the Bank’s Authorized Agent and such successor Fiscal Agent’s acceptance of such appointment. The Bank will take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment or appointments in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Bank (mailed or delivered to the President at the seat of the Bank) shall be deemed, in every respect, effective service of process upon the Bank. (b) Notwithstanding the foregoing, any action arising out of or based upon this Agreement may be instituted by any Underwriter in any competent court of the jurisdiction in which the Bank has its seat. (c) The Bank hereby waives irrevocably (to the extent permitted by law) any immunity from jurisdiction or execution to which it or its property might otherwise be entitled in any action arising out of or based upon this Agreement which may be instituted by any Underwriter in any State or Federal court in New York City or in any competent court of the jurisdiction in which the Bank has its seat. Notwithstanding the foregoing, the property and assets of the Bank within the Member States are not subject to attachment or to seizure by way of execution without the authorization of the Court of Justice of the European Union. Please confirm that the foregoing correctly sets forth the agreement between the Bank and the several Underwriters. Very truly yours, EUROPEAN INVESTMENT BANK By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ We hereby confirm as of the date hereof that such letter correctly sets forth the agreement between the Bank and the several Underwriters.