Category V Clause Samples
The 'Category V' clause serves to classify certain items, actions, or entities under a specific regulatory or contractual category, often for the purposes of compliance, risk management, or eligibility. In practice, this clause might delineate which products, services, or transactions fall under 'Category V,' potentially subjecting them to particular rules, restrictions, or reporting requirements. By clearly defining what constitutes 'Category V,' the clause ensures that all parties understand the applicable obligations and helps prevent disputes or misunderstandings regarding classification.
Category V. For Category V undertakings, NRCS Utah will implement undertakings in accordance with Section 106 of the NHPA and its implementing regulations found in 36 CFR Part 800. NRCS Utah will resolve the adverse effects through the development of a treatment plan detailing the measures that will be used to minimize and mitigate the effects to the historic properties in accordance with 36 CFR Part 800.6. This treatment plan will be developed through consultation among the NRCS, the Utah SHPO, and other consulting parties, as appropriate. The ACHP will be invited to participate in the consultation process as well. Once the treatment plan and measures to minimize and mitigate the adverse effects are agreed upon by the consulting parties, an MOA will be executed and implemented pursuant to compliance with Section 106.
Category V. Category V undertakings are defined by NRCS Utah as undertakings that will involve adverse effects to historic properties as defined in 36 CFR Part 800.
5.a.1. For such undertakings, NRCS Utah will resolve the adverse effects through the development of a treatment plan detailing the measures that will be used to minimize and mitigate the effects to the historic properties in accordance with 36 CFR Part 800.6. This treatment plan will be developed through consultation among the NRCS, the Utah SHPO, and other consulting parties, as appropriate. The ACHP will be invited to participate in the consultation process as well. Once the treatment plan and measures to minimize and mitigate the adverse effects are agreed upon by the consulting parties, a Memorandum of Agreement (MOA) will be executed and implemented pursuant to compliance with Section 106. VIII. CRITERIA FOR ASSISTANCE FROM NRCS UTAH CRS PERSONNEL As stated previously, participation in the National Cultural Resources Training Series and the supplemental training every five years authorizes NRCS Utah to utilize its personnel and conservation partners in completing basic cultural resources. In accordance with the NRCS Utah SPPA, the use of trained personnel for completing cultural resources investigations is limited to those undertakings where NRCS Utah has been determined to be the lead Federal agency for the purposes of Section 106, where no extenuating circumstances exist, and where the undertakings occur exclusively on privately-owned lands. Utilizing the five-category cultural resources compliance system, Table 3 presents the criteria that are used to determine if an undertaking requires further assistance from NRCS Utah CRS personnel.
Category V. Category V undertakings are defined by NRCS Utah as undertakings that will involve adverse effects to historic properties as defined in 36 CFR Part 800.
5.a.1. For such undertakings, NRCS Utah will resolve the adverse effects through the development of a treatment plan detailing the measures that will be used to minimize and mitigate the effects to the historic properties in accordance with 36 CFR Part 800.6. This treatment plan will be developed through consultation among the NRCS, the Utah SHPO, and other consulting parties, as appropriate. The ACHP will be invited to participate in the consultation process as well. Once the treatment plan and measures to minimize and mitigate the adverse effects are agreed upon by the consulting parties, a Memorandum of Agreement (MOA) will be executed and implemented pursuant to compliance with Section 106. As stated previously, participation in the National Cultural Resources Training Series and the supplemental training every five years authorizes NRCS Utah to utilize its personnel and conservation partners in completing basic cultural resources. In accordance with the NRCS Utah SPPA, the use of trained personnel for completing cultural resources investigations is limited to those undertakings where NRCS Utah has been determined to be the lead Federal agency for the purposes of Section 106, where no extenuating circumstances exist, and where the undertakings occur exclusively on privately-owned lands. Utilizing the five-category cultural resources compliance system, Table 3 presents the criteria that are used to determine if an undertaking requires further assistance from NRCS Utah CRS personnel.
Category V. (1) Consideration of use variances and construction or use intensity variances, of industrialized construction systems with a sub-regional impact and of all permits for the installation, placement and display of signs and advertisements, except for those related to roadways made with federal funds.
(2) Environmental compliance by categorical exclusion.
(3) Site and construction consults.
(4) Authorizations of preliminary developments, construction permits for urbanization works (conventional or under Certifications Act) and authorization of registration plans.
(5) Construction permits and use permits (conventional or under Certifications Act).
(6) Permits for urbanization works.
(7) Authorization to partition up to ten (10) lots, including the remnant.
(8) Amendments to Land Management Plans (changes in land classification) pursuant to the applicable regulations.
(9) Municipal projects exempted by means of a Resolution of the Planning Board, municipal works for conservation and maintenance and community- based projects set forth in the loan agreements financed by the Government Development Bank or by means of an issue of income bonds.
(10) Consideration of municipal projects in any classification district, including but not limited to:
a. animal shelters;
b. libraries;
c. indoor courts;
d. community centers;
e. childcare centers;
f. municipal diagnostic and treatment centers;
g. recycling centers;
h. solid waste collection centers;
i. tutoring centers;
j. multi-purpose and convention centers, as long as they are not regional in nature;
k. buildings for public services and clubs;
l. specialized municipal schools; m. parking lots;
Category V. Category V undertakings are defined by NRCS Oregon as undertakings that will involve adverse effects to cultural resources as defined in 36 CFR Part 800.
5.a.1. For such undertakings, NRCS Oregon will resolve the adverse effects through the development of a treatment plan detailing the measures that will be used to minimize and mitigate the effects to the cultural resources in accordance with 36 CFR Part 800.
Category V. Day to day management and arrangements, including general organisational changes Regular business operations involve everyday organisational changes. This sometimes concerns minor organisational changes where no compulsory redundancy is anticipated. Consider, for example, the moving of an existing role between departments within an IM unit. There is no (formal) role or involvement for the participational bodies.
7. General rules for organisational changes