Common use of Applicability and Scope Clause in Contracts

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 agreed to application of this Nationwide Agreement on tribal lands, the tribe may notify the Commission of the tribe’s intention to perform the duties of a SHPO/THPO, as defined in this Nationwide Agreement, for proposed Undertakings on its tribal lands, and in such instances the term SHPO/THPO denotes both the State Historic Preservation Officer and the tribe’s author- ized representative. In all other instances, the term SHPO/THPO denotes the State His- toric Preservation Officer. E. This Nationwide Agreement governs only review of Undertakings under Section 106 of the NHPA. Applicants completing the Section 106 review process under the terms of this Nationwide Agreement may not initiate construction without completing any envi- ronmental review that is otherwise required for effects other than historic preservation under the Commission’s rules (See 47 CFR 1.1301–1.1319). Completion of the Section 106 review process under this Nationwide Agree- ment satisfies an Applicant’s obligations under the Commission’s rules with respect to Historic Properties, except for Undertakings that have been determined to have an ad- verse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment (See 47 CFR 1.1307(a)(4)). F. This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies’ federal Undertakings.