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 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. This The Agreement sets forth the process by which the FHWA, with the assistance of NYSDOTMDOT, 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) § 306102 and 54 U.S.C. 306102§ 306108). B. The objectives objective of this Agreement are to: improve is to make more efficient the efficiency of methods by which FHWA and NYSDOT’s methods and procedures to MDOT review individual undertakings processed under Section 106; 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 MDOT) 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 MDOT to initiate and, in many cases, conclude consultation with the NYSHPO SHPO and other consulting parties for purposes of compliance with Section 106 of NHPA106. 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 D. FHWA retains the responsibility to consult with Nations Tribes as required under 36 C.F.R. 800.2(c)(2)(ii)§ 800, as amended. The NYSDOT will MDOT may assist FHWA if individual Tribes agree to alternate procedures regarding day-to-day coordination pertaining to individual undertakings in accordance with project-level coordination.FHWA Michigan Division/MDOT Guidelines for Section 106 Tribal Consultation and Coordination (the Tribal Guidelines) in Attachment A. G. E. This Agreement shall not apply to actions undertakings that occur on or affect tribal lands as they are defined in 36 C.F.R. 800.16§ 800.16(x). For such actionsundertakings, FHWA shall follow the procedures in 36 C.F.R. 800 and consult with the appropriate Tribal Historic Preservation Officer (THPO)/representative§ 800. H. Cooperating ▇. ▇▇▇▇▇▇▇▇▇▇▇ Federal Agencies who recognize FHWA as the lead Federal agency for an action undertaking may fulfill their obligations under Section 106 of NHPA according 106, pursuant to 36 C.F.R. § 800.2(a)(2), provided that FHWA and NYSDOT MDOT follow the requirements of this the Agreement and the cooperating agency’s action Federal Agency's undertaking 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 AgreementMDOT.

Applicability and Scope. A. This Agreement supersedes and replaces in its entirety the Agreement among FHWA, SHPO, and GDOT regarding FHWA’s Emergency Relief Program dated March 8, 2012. B. This Agreement sets forth the process by which the FHWAFHWA and Corps, with the assistance of NYSDOTGDOT, 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. C. This Agreement applies to all highway projects subject to FHWA and Corps review under 23 CFR 771.115, 23 CFR 771.117, ▇▇ ▇▇▇ ▇▇▇, and 33 CFR 330 (see Stipulation VII for details regarding the extent of delegated reviews). D. The objectives FHWA is the Lead Federal Agency for Program undertakings and FHWA approved changes in access to the Interstate System in Georgia that require Permits pursuant to Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act of 1973 in accordance with 36 CFR 800.2(a)(2) (references to Lead Agency in this context refer to FHWA). E. The Corps is the Lead Federal Agency for State funded highway undertakings, that require Permits pursuant to Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act of 1973 in accordance with 36 CFR 800.2(a)(2) (references to Lead Federal Agency in this context refer to the Corps). F. The objective of this Agreement are to: improve is to make more efficient the efficiency of FHWA methods by which FHWA, the Corps, and NYSDOT’s methods and procedures to GDOT review individual undertakings processed under Section 106; 106 that may affect Historic Properties and to establish the process by which FHWA carries and the Corps (who retain ultimate Section 106 responsibility) carry out its their 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. G. Through this Agreement, FHWA authorizes NYSDOT and the Corps authorize GDOT to initiate on their behalf and, in many cases, conclude consultation with the NYSHPO SHPO and other consulting parties for purposes of compliance with Section 106 of the NHPA. E. Through this Agreement, H. The 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 Corps retain the responsibility to consult with Nations Tribes as required under 36 C.F.R. 800.2(c)(2)(ii)CFR 800, as amended. The NYSDOT will GDOT may assist FHWA with project-level coordinationand the Corps if individual Tribes agree to alternate procedures. G. This Agreement shall not apply I. FHWA and the Corps recognize that Tribes do have sites and land of religious and cultural significance within the State of Georgia, and in meeting its Federal trust responsibility pursuant to actions that occur on or affect tribal lands as defined in 36 C.F.R. 800.16. For such actionsCFR 800.2 (c)(2)(ii), FHWA shall follow and the procedures in 36 C.F.R. 800 Corps have invited the Tribes to enter (consult) on this Agreement that specifies how FHWA, the Corps, 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 Tribes will carry out Section 106 responsibilities, including confidentiality 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 Agreementinformation.

Applicability and Scope. A. This Agreement sets forth the process by which the FHWA, and FTA, with the assistance of NYSDOT, WSDOT; and WFLHD without the assistance of WSDOT will meet its their 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) §§ 306102 and 54 U.S.C. 306102306108). B. The objectives objective of this Agreement are to: improve is to make more efficient the efficiency of FHWA methods by which FHWA, WFLHD, FTA, and NYSDOT’s methods and procedures to WSDOT review individual undertakings processed under Section 106; 106 that may affect historic properties and to establish the process by which FHWA carries FHWA, WFLHD, and FTA (who retain ultimate Section 106 responsibility, except where such responsibility has been delegated to WSDOT) carry out its their 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 and FTA authorize WSDOT’s professional cultural resources staff to initiate and, in many cases, conclude consultation with the NYSHPO SHPO and other consulting parties for purposes of compliance with Section 106 of the NHPA. D. WFLHD’s professional cultural resources staff conducts consultation with the SHPO and other consulting parties for purposes of compliance with Section 106 of the NHPA. E. Through this Agreement, FHWA FHWA, FTA, WFLHD and NYSDOT WSDOT establish alternate ways in which actions subject to Section 106 will be processed, each requiring different levels categories of projects (Appendix B) that do not require review and consultation with the SHPO but that may still require tribal 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 FHWA, WFLHD and FTA retain the responsibility to consult with Nations Tribes as required under 36 C.F.R. 800.2(c)(2)(ii)CFR 800, as amended. The NYSDOT will assist FHWA with project-level coordination, except for those activities delegated to WSDOT by this Agreement. G. This Agreement shall not apply to actions undertakings that occur on or affect tribal lands as they are defined in 36 C.F.R. 800.16CFR 800.16(x). For such actionsundertakings, FHWA FHWA, FTA, and WFLHD shall follow the procedures in 36 C.F.R. 800 and consult with the appropriate Tribal Historic Preservation Officer (THPO)/representativeCFR Part 800. H. Cooperating Federal Agencies who recognize FHWA FHWA, WFLHD, or FTA as the lead Federal agency for an action undertaking may fulfill their obligations under Section 106 of NHPA according to per 36 C.F.R. CFR 800.2(a)(2), provided that FHWA if FHWA, WFLHD, or FTA, and NYSDOT WSDOT follow the requirements of this Agreement and the cooperating agency’s action 's undertaking does not have the potential to cause effects to historic properties beyond those considered by FHWA the lead federal agency and NYSDOTWSDOT. I. FHWA, FTA and WFLHD agree that all information and consultation site forms, reports etc. The following section identifies will be transmitted and documented through the responsibilities Washington Information System for Architectural and Archaeological Records Data (WISAARD). J. FHWA, FTA and WFLHD agree that ACHP has released guidance defining the parameters of each using financial mitigation to support SHPOs’ development and maintenance of electronic cultural resource information systems. If there is a reasonable relationship to the signatories in complying with undertaking and there is not more appropriate targeted mitigation, then mitigation funds may be appropriate mitigation. . K. All correspondence held by SHPO is subject to the terms of this Agreement.State Public Records Act unless explicitly exempted under RCW 42.56.310

Applicability and Scope. A. This The Agreement sets forth the process by which the FHWA, with the assistance of NYSDOTMDOT, 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) § 306102 and 54 U.S.C. 306102§ 306108). B. The objectives objective of this Agreement are to: improve is to make more efficient the efficiency of methods by which FHWA and NYSDOT’s methods and procedures to MDOT review individual undertakings processed under Section 106; 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 MDOT) 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 MDOT to initiate and, in many cases, conclude consultation with the NYSHPO SHPO and other consulting parties for purposes of compliance with Section 106 of NHPA106. 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 D. FHWA retains the responsibility to consult with Nations Tribes as required under 36 C.F.R. 800.2(c)(2)(ii)§ 800, as amended. The NYSDOT will MDOT may assist FHWA if individual Tribes agree to alternate procedures regarding day-to-day coordination pertaining to individual undertakings in accordance with project-level coordination.FHWA Michigan Division/MDOT Guidelines for Section 106 Tribal Consultation and Coordination (the Tribal Guidelines) in Attachment A. G. E. This Agreement shall not apply to actions undertakings that occur on or affect tribal lands as they are defined in 36 C.F.R. 800.16§ 800.16(x). For such actionsundertakings, FHWA shall follow the procedures in 36 C.F.R. 800 and consult with the appropriate Tribal Historic Preservation Officer (THPO)/representative§ 800. H. F. Cooperating Federal Agencies who recognize FHWA as the lead Federal agency for an action undertaking may fulfill their obligations under Section 106 of NHPA according 106, pursuant to 36 C.F.R. § 800.2(a)(2), provided that FHWA and NYSDOT MDOT follow the requirements of this the Agreement and the cooperating agency’s action Federal Agency's undertaking 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 AgreementMDOT.