EXEMPT UNDERTAKINGS Clause Samples
EXEMPT UNDERTAKINGS. Certain undertakings are exempt from review by DC SHPO once reviewed by the FPO. These include: • Undertakings that address an imminent threat to human health and safety; • Undertakings specifically addressed as exempt through a fully executed PA or an individual MOA executed in conformance with 36 CFR 800.14; and/or • Undertakings specifically addressed in the HPP as AFRH-W EXEMPT ACTIVITIES. AFRH can conduct these activities without notice to, review by, or other action by the FPO unless specifically stated in Table 6.2: AFRH-W EXEMPT ACTIVITIES. It is anticipated that the implementation of Exempt Activities will be recorded in the AFRH-W RI/CRM Database, following the procedures outlined in the Historic Preservation Standard Operating Procedures (HP SOP). TABLE 6.2 AFRH-W EXEMPT ACTIVITIES FOR BUILT RESOURCES (BUILDINGS, STRUCTURES, AND OBJECTS) • Maintenance of exterior elements in accordance with AFRH-W HP SOP for Maintenance; This includes cleaning of masonry, metal, or painted wood with water if the water pressure does not exceed 100 PSI • Repair of exterior elements in accord with AFRH- W HP SOP for Repair when the elements are not visible when viewed from surrounding area • Repair of interior elements in accord with AFRH- W HP SOP for Maintenance when the elements are not visible within contributing spaces • Repair of interior elements located within non- contributing spaces • In-kind refinishing (including painting of previously painted surfaces) of exterior elements in accord with AFRH-W HP SOP for Maintenance when the elements are not visible when viewed from surrounding area • In-kind refinishing of interior elements in accord with AFRH-W HP SOP for Maintenance when the elements are not visible within contributing spaces • Repainting of interior surfaces that were previously painted • In-kind replacement of exterior elements that are not visible when viewed from surrounding area • In-kind replacement of interior elements that are not visible within contributing spaces • In-kind replacement of interior elements within non- contributing spaces • Repair or replacement of small, functional non- original/non-historic elements when not harmful to historic material and the action is reversible • Introduction of energy conservation measures that are not visible or that do not alter or detract from the qualities that make resources contributing or the Historic District eligible • Interior modifications associated with compliance with the Americans with...
EXEMPT UNDERTAKINGS. The definitions and procedures for application of Exemptions are found in Appendix A. Class A undertakings are those that the Field Office CR Staff and SHPOs find are generally exempted from further review or consultation. In addition, Field Office CR Staff may determine that any specific undertaking subsumed under the list of Class B undertakings qualifies as an exempt undertaking. Documentation regarding an undertaking’s exemption from review under this Protocol shall be retained and entered into an electronic database. The list of exemptions may be revised in consultation with the SHPOs/THPOs to add, delete, or modify specific exemptions (see Appendix A). However, the following exceptions apply:
A. Any Field Office may elect to review a normally exempted, specific undertaking under the terms of this Protocol or 36 CFR § 800.
B. Should an objection by the public arise to a Class B exempt undertaking prior to implementation, the Field Office shall consult with the objecting party and the SHPO for not more than 30 calendar days following receipt to resolve the objection. If the objection is resolved within this timeframe, the parties shall proceed in accordance with the terms of that resolution. If the objection cannot be resolved within this time frame, and the Field Office and the SHPO have not agreed to extend the consultation period, the Field Office shall submit the disputed exemption for review by the SHPO either under this Protocol or under 36 CFR § 800.
C. Any party to this Protocol may propose that Appendix A be modified by removal or revision of exempted undertakings or by addition of a previously non-exempted class of undertakings. Such proposals for modification of Appendix A shall be considered pursuant to the provisions for revisions of this Protocol at Stipulation 16.
EXEMPT UNDERTAKINGS. The following classes of undertakings are considered exempt from further review or consultation under the terms of this Agreement, as defined in Stipulation III. Forest managers and planners do not have to notify or consult with FHRMs or FHRSs about these classes of undertakings unless such managers and planners have reason to believe that a specific exempt undertaking may affect historic properties. Classes of exempt undertakings are:
1. easement acquisitions, where the historic properties received are not considered in exchange for any historic properties relinquished;
2. land acquisitions or transfers of administrative control to the Forest Service, where the historic properties received are not considered in exchange for any relinquished;
3. withdrawal revocations;
4. personal use fuel wood and Christmas tree permits;
5. transfer of use authorization from one authority to another when an action such as a boundary adjustment necessitates changing a right-of-way or easement from one authority to another (e.g., Forest Service Special Use Permit to a USFS Title V Right-of-Way);
6. installation of signposts and monuments, when no new ground disturbance is involved;
7. nondisturbing broadcast seeding and mulching for establishment of vegetation;
8. removal of log jams and debris jams using hand labor or small mechanical devices;
9. removal of illicit narcotics equipment from federal land during law enforcement operations, excluding the removal of buildings or structures that may be more than 50 years of age and will not become 50 years of age within five years of the date of execution of this Agreement
10. placement of geophysical seismic monitoring equipment on the surfaced portion or within the prism (area clearly associated with road construction, from road surface to top of cut and/or toe of fill) of a regularly maintained road; and
11. activities that involve less than one cubic meter of cumulative ground disturbance.
EXEMPT UNDERTAKINGS. (Page 5). Some Forest undertakings, because of their nature and scope, have low potential to affect historic properties. These classes of undertaking shall be exempt from heritage program or Section 106 review. Once classified as an exempt undertaking by a Forest Manager, no further consideration of heritage resources is warranted with regard to that class of undertaking.
EXEMPT UNDERTAKINGS. A. Definition Many undertakings, by their nature, have little potential to affect historic properties. Classes of undertakings listed in Attachment 4.I. are not subject to review or consultation under 36 CFR 800.