Common use of Plantings Clause in Contracts

Plantings. Planting of grass, shrubs, bushes and trees. APPENDIX B Protocol for Responsible Entities to Adopt the HUD Statewide Part 50/58 Programmatic Agreement Background HUD-assisted projects require a historic preservation compliance review, otherwise known as a Section 106 review, which requires federal agencies to consider the effects of their projects on historic properties. This review process can be completed as outlined in 36 CFR 800 for individual projects, or a Programmatic Agreement (Agreement) may be developed as an alternative to expedite the process for multiple projects. HUD developed a statewide Agreement that applies to HUD projects administered under both 24 CFR Part 58, when the unit of local government is the Responsible Entity (RE) mandated to ensure compliance with the National Environmental Policy Act and all related laws and authorities under Part 58, including Section 106; and Part 50, when HUD officials conduct the environmental review. The Agreement includes a list of project activities that are exempt from further review, provided the stipulations in the Agreement are met. Individual Responsible Entities can opt to sign the Agreement and use its streamlining measures in their Section 106 reviews. Participation in the Agreement is voluntary. A Responsible Entity is always free to develop its own separate, individual Agreement or conduct reviews with the standard Section 106 process. To take advantage of the stipulations in the Agreement, a Responsible Entity must be a party to the Agreement, which can be achieved through implementing the protocols below. The Agreement was drafted by HUD in consultation with the SHPO and with input from the ACHP. During the initial development of the Agreement, HUD through its Office of Environment and Energy, facilitated consultation with statewide historic preservation organizations and federally recognized Indian tribes. Responsible Entities who signed at the initial stage conducted outreach to the public and potentially interested parties in their jurisdiction about the Agreement, their intention to sign it as well as to solicit comments on the draft. Documentation of that outreach effort, and comments, were provided to HUD. The draft Agreement was revised based on comments received from HUD’s outreach as well as that of the Responsible Entities. The Agreement is now executed and cannot be modified, except as outlined in Stipulation XII of the Agreement. The following guidelines should be used when a Responsible Entity seeks to adopt the HUD Statewide Agreement to expedite Section 106 reviews conducted under Part 58.