Common use of Applicability and Scope Clause in Contracts

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.

Applicability and Scope. A. This Agreement sets forth the process by which the FHWA, with the assistance of _____DOTSDDOT, 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. §§ 306102 306101(a) and 30610854 U.S.C. § 306102). B. This Agreement only applies to highway transportation projects classified as categorical exclusions under 23 CFR C.F.R. 771.115 and 23 CFR C.F.R. 771.117. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA will follow the procedures in 36 CFR C.F.R. § 800. C. The objective of this Agreement is to make more efficient the methods by which FHWA and _____DOT SDDOT 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 _____DOTSDDOT) carries out its Section 106 responsibilities. D. Through this Agreement, FHWA authorizes _____DOT SDDOT 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 SDDOT establish three two categories of projects (Excepted projects Exempted Projects and Screened Projects Types I and IIStandard Review Projects) 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 800C.F.R. § 800.2(c)(2), as amended. The _____DOT SDDOT 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 which are under the jurisdiction of a Tribal Historic Preservation Officer (THPO) as they are defined in 36 CFR 800.16(x)C.F.R. § 800.16. For such undertakings, FHWA shall follow the procedures in 36 CFR Part 800C.F.R. § 800 and consult with the appropriate THPO. 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 C.F.R. § 800.2(a)(2), provided that FHWA and _____DOT SDDOT follow the requirements of this Agreement and the cooperating agency's ’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and _____DOTSDDOT.

Applicability and Scope. A. This Agreement sets forth the process by which the FHWA, with the assistance of _____DOTSDDOT, 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. §§ 306102 306101(a) and 30610854 U.S.C. § 306102). B. This Agreement only applies to highway transportation projects classified as categorical exclusions under 23 CFR C.F.R. 771.115 and 23 CFR C.F.R. 771.117. Projects that require an Environmental Assessment or Environmental Impact Statement for compliance with NEPA will follow the procedures in 36 CFR C.F.R. § 800. C. The objective of this Agreement is to make more efficient the methods by which FHWA and _____DOT SDDOT 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 _____DOTSDDOT) carries out its Section 106 responsibilities. D. Through this Agreement, FHWA authorizes _____DOT SDDOT 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 SDDOT establish three two categories of projects (Excepted projects Exempted Projects and Screened Projects Types I and IIStandard Review Projects) 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 800C.F.R. § 800.2(c)(2), as amended. The _____DOT SDDOT 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 which are under the jurisdiction of a Tribal Historic Preservation Officer (THPO) as they are defined in 36 CFR 800.16(x)C.F.R. § 800.16. For such undertakings, FHWA shall follow the procedures in 36 CFR Part 800C.F.R. § 800 and consult with the appropriate THPO. 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 C.F.R. § 800.2(a)(2), provided that FHWA and _____DOT SDDOT follow the requirements of this Agreement and the cooperating agency's ’s undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA and _____DOTSDDOT.