Applicability and Scope Sample Clauses

Applicability and Scope. A. The PA among FHWA, SHPO, ACHP, and PennDOT regarding implementation of the Program in Pennsylvania dated December 14, 2017 is superseded by, and replaced in its entirety with, this PA. B. This PA sets forth the process by which FHWA, and/or the USACE, will meet its responsibilities under Section 106, with the assistance of PennDOT, for transportation projects under the Federal-Aid Highway Program or which require USACE Permits. C. This PA applies to any project under the Federal-Aid Highway Program and/or which require USACE Permits. The purpose of this PA is to delegate certain aspects of Section 106 review to PennDOT and to establish the process by which the FHWA, the USACE, ACHP, SHPO, Tribes and Nations, PennDOT, and any consulting parties will be involved in such review. D. If any project changes from Federal-Aid to state funding, and a USACE Permit is required, the USACE shall be the lead federal agency responsible for compliance with Section 106 of the NHPA. To the extent that the USACE deems applicable, the USACE will use studies, findings and determinations previously completed by PennDOT to document its own findings. E. Any other designated lead federal agency may use PennDOT studies to support their findings and determinations under Section 106 of the NHPA.

Applicability and Scope. A. This Agreement sets forth the process by which FHWA will meet its responsibilities under Section 106 of the NHPA, with the assistance of VTrans, for transportation projects in the Federal-Aid Highway Program classified as categorical exclusions under 23 CFR § 771.115 and 23 CFR § 771.117 Federal Aid Transportation Projects in the State of Vermont. This Agreement establishes the basis for VTrans’ review of individual Federal Aid Transportation Projects and how VTrans will notify and consult with SHPO, FHWA, and individuals and organizations that may be invited to be Section 106 consulting parties. The objective of this Agreement is to make more efficient the methods by which FHWA and VTrans review individual undertakings that may affect historic properties and to establish the process by which FHWA, VTrans, SHPO, and ACHP will be involved in any such review. B. This Agreement applies to Categorical Exclusion level Federal Aid Transportation projects. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA are not covered by this Agreement and will be reviewed by FHWA and VTrans in accordance with the procedures of 36 CFR Part 800. C. Cooperating Federal Agencies that recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106 of NHPA according to 36 CFR § 800.2(a)(2), provided that FHWA and VTrans follow the requirements of this Agreement and the cooperating agency’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and VTrans. D. At any time, VTrans may choose to conduct the Section 106 review for a Federal Aid Transportation Project by following the procedures in 36 CFR Part 800 rather than by following the procedures in this Agreement. VTrans and FHWA will also conduct the Section 106 review for a Federal Aid Transportation Project under the procedures in 36 CFR Part 800 if SHPO, ACHP, or FHWA so requests. Undertakings resulting in Adverse Effects shall follow the procedures in 36 CFR Part 800. E. State-funded actions that do not involve FHWA federal funding or permits are not subject to the terms of this Agreement. F. Vermont State-owned Historic Sites and properties with historic preservation easements held by the SHPO are not subject to the terms of this Agreement. G. This agreement applies to Section 4(f) de minimis determinations for historic properties when the project will result in ...

Applicability and Scope. This Agreement is the exclusive and binding agreement between Cypress and Company governing the purchase of products or services by Company from Cypress. Company accepts this Agreement when it (a) signs it, either electronically or by hand, (b) uses the Products, or (c) pays for the Products. Cypress objects to any additional or different terms proposed by Company including those in Company’s purchase order, request for quote, other documents or correspondence, and such terms will not apply unless accepted in writing by ▇▇▇▇▇▇▇’s authorized representative (for the purposes of this Agreement, a vice president or higher). Cypress’s failure to specifically object to any communication from Company that contains additional terms and conditions shall not be deemed a waiver of the Agreement or an acceptance of Company’s terms and conditions. Without limiting the generality of the foregoing, any terms and conditions of any order which are in addition to or inconsistent with the terms of the Agreement will be deemed stricken from such order, notwithstanding any acknowledgment or acceptance of such order by Cypress. CYPRESS’S SALE OF PRODUCTS OR SERVICES TO COMPANY IS MADE CONDITIONAL ON COMPANY’S ASSENT TO THESE TERMS. TO THE EXTENT ANY ORDER ACKNOWLEDGEMENT OR SHIPMENT OF PRODUCTS IS DEEMED AN ACCEPTANCE OF A PREVIOUS OFFER BY COMPANY, ANY SUCH ACCEPTANCE IS EXPRESSLY LIMITED TO AND CONDITIONED ON ASSENT BY COMPANY TO THE TERMS OF THIS AGREEMENT.

Applicability and Scope. A. This Agreement sets forth the process by which the FHWA, with the assistance of NYSDOT, will meet its responsibilities pursuant to Section 106 of the NHPA (54 U.S.C. 306108) and Section 110 of the NHPA (54 U.S.C. 306101(a) and 54 U.S.C. 306102). B. The objectives of this Agreement are to: improve the efficiency of FHWA and NYSDOT’s methods and procedures to review undertakings under Section 106; and to establish the process by which FHWA carries out its Section 106 responsibilities, including where such responsibility is delegated to NYSDOT. C. Throughout this Agreement, any federal action including those that qualify as an undertaking under Section 106, and not limited to transportation projects, will be referred to as “action”. D. Through this Agreement, FHWA authorizes NYSDOT to initiate and, in many cases, conclude consultation with the NYSHPO and other consulting parties for purposes of compliance with Section 106 of NHPA. E. Through this Agreement, FHWA and NYSDOT establish alternate ways in which actions subject to Section 106 will be processed, each requiring different levels of review and consultation. The procedures for Categorical Review actions are described in Stipulation IV.A and activities are limited to listed in Appendices A-E. Procedures for Standard Review actions are referenced in Stipulation IV.B and documentation for Standard Review is addressed in Appendix F. F. The FHWA retains the responsibility to consult with Nations as required under 36 C.F.R. 800.2(c)(2)(ii), as amended. The NYSDOT will assist FHWA with project-level coordination. G. This Agreement shall not apply to actions that occur on or affect tribal lands as defined in 36 C.F.R. 800.16. For such actions, FHWA shall follow the procedures in 36 C.F.R. 800 and consult with the appropriate Tribal Historic Preservation Officer (THPO)/representative. H. Cooperating Federal Agencies who recognize FHWA as the lead Federal agency for an action may fulfill their obligations under Section 106 of NHPA according to 36 C.F.R. 800.2(a)(2), provided that FHWA and NYSDOT follow the requirements of this Agreement and the cooperating agency’s action does not have the potential to cause effects to historic properties beyond those considered by FHWA and NYSDOT. The following section identifies the responsibilities of each of the signatories in complying with the terms of this Agreement.

Applicability and Scope. A. Streamlined Project Review: Through this Agreement, the FHWA and the DOT&PF establish Programmatic Allowances (Allowances) through two tiers – Tier 1 and Tier 2 – of streamlined review for certain undertakings (Stipulation V Streamlined Project Review). These undertakings are processed by DOT&PF and do not require further consultation under Section 106. B. Delegation of FHWA non-NEPA Assignment Program authorities to DOT&PF: The DOT&PF is authorized to carry out the Delegated Section 106 Process (Appendix D

Applicability and Scope. This part: (a) Applies to the Office of the Sec- retary of Defense, the Military Depart- ments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Agencies (hereafter referred to collectively as ‘‘the DoD Compo- nents’’). (b) Encompasses infants, toddlers, preschool children, and children receiv- ing or entitled to receive early inter- vention services or special educational instruction from the DoD on installa- tions with Section 6 School Arrange- ments, and the parents of those indi- viduals with disabilities.

Applicability and Scope of This Nationwide Agreement A. This Nationwide Agreement (1) Excludes from Section 106 review certain Under- takings involving the construction and modification of Facilities, and (2) stream- lines and tailors the Section 106 review proc- ess for other Undertakings involving the construction and modification of Facilities. An illustrative list of Commission activities in relation to which Undertakings covered by this Agreement may occur is provided as Attachment 2 to this Agreement. B. This Nationwide Agreement applies only to federal Undertakings as determined by the Commission (‘‘Undertakings’’). The Com- mission has sole authority to determine what activities undertaken by the Commis- sion or its Applicants constitute Under- takings within the meaning of the NHPA. Nothing in this Agreement shall preclude the Commission from revisiting or affect the ex- isting ability of any person to challenge any prior determination of what does or does not constitute an Undertaking. Maintenance and servicing of Towers, Antennas, and associ- ated equipment are not deemed to be Under- takings subject to Section 106 review. C. This Agreement does not apply to An- ▇▇▇▇▇ Collocations that are exempt from Section 106 review under the Collocation Agreement (see Attachment 1). Pursuant to the terms of the Collocation Agreement, such Collocations shall not be subject to the Section 106 review process and shall not be submitted to the SHPO/THPO for review. This Agreement does apply to collocations that are not exempt from Section 106 review under the Collocation Agreement. D. This Agreement does not apply on ‘‘tribal lands’’ as defined under Section 800.16(x) of the Council’s regulations, 36 CFR § 800.16(x) (‘‘Tribal lands means all lands within the exterior boundaries of any Indian reservation and all dependent Indian com- munities.’’). This Nationwide Agreement, however, will apply on tribal lands should a tribe, pursuant to appropriate tribal proce- dures and upon reasonable notice to the Council, Commission, and appropriate SHPO/ THPO, elect to adopt the provisions of this Nationwide Agreement. Where a tribe that has assumed SHPO functions pursuant to Section 101(d)(2) of the NHPA (16 U.S.C. 470(d)(2)) has agreed to application of this Nationwide Agreement on tribal lands, the term SHPO/THPO denotes the Tribal His- toric Preservation Officer with respect to re- view of proposed Undertakings on those trib- al lands. Where a tribe that has not assumed SHPO functions has agre...

Applicability and Scope. This Agreement is the exclusive and binding agreement between Cypress and Company governing the purchase of products or services by Company from Cypress. Company accepts this Agreement when it (a) signs it, either electronically or by hand, (b) uses the Products, or

Applicability and Scope. A. This Agreement sets forth the process by which the FHWA, with the assistance of _____DOT, will meet its responsibilities pursuant to Section 106 and 110 of the NHPA (54 U.S.C. §§ 306102 and 306108). B. This Agreement only applies to highway projects classified as categorical exclusions under 23 CFR 771.115 and 23 CFR 771.117. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA will follow the procedures in 36 CFR 800. C. The objective of this Agreement is to make more efficient the methods by which FHWA and _____DOT review individual undertakings processed under Section 106 that may affect historic properties and to establish the process by which FHWA (who retains ultimate Section 106 responsibility, except where such responsibility has been delegated to _____DOT) carries out its Section 106 responsibilities. D. Through this Agreement, FHWA authorizes _____DOT to initiate and, in many cases, conclude consultation with the SHPO and other consulting parties for purposes of compliance with Section 106 of the NHPA. E. Through this Agreement, FHWA and _____DOT establish three categories of projects (Excepted projects and Screened Projects Types I and II) that require different levels of review and consultation with the SHPO. F. The FHWA retains the responsibility to consult with Tribes as required under 36 CFR 800, as amended. The _____DOT may assist FHWA if individual Tribes agree to alternate procedures. G. This Agreement shall not apply to undertakings that occur on or affect tribal lands as they are defined in 36 CFR 800.16(x). For such undertakings, FHWA shall follow the procedures in 36 CFR Part 800. H. Cooperating Federal Agencies who recognize FHWA as the lead Federal agency for an undertaking may fulfill their obligations under Section 106 of NHPA according to 36 CFR 800.2(a)(2), provided that FHWA and _____DOT follow the requirements of this Agreement and the cooperating agency's undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and _____DOT.