Common use of RESOLVING OBJECTIONS Clause in Contracts

RESOLVING OBJECTIONS. a) Should any party to this PA object in writing to FHWA regarding any action carried out or proposed with respect to the Project, or implementation of this PA, FHWA shall consult with the objecting party to resolve the objection. If after initiating such consultation FHWA determines that the objection cannot be resolved through consultation, FHWA shall forward all documentation relevant to the objection to the ACHP, including FHWA’s proposed response to the objection. Within 30 days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1) Advise FHWA that the ACHP concurs in FHWA’s proposed response to the objection, whereupon FHWA shall respond to the objection accordingly; 2) Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3) Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or b) Should the ACHP not exercise one of the above options within 30 days after receipt of all pertinent documentation, FHWA may assume the ACHP’s concurrence in its proposed response to the objection. c) FHWA shall take into account any ACHP recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; FHWA’s responsibility to carry out all actions under this PA that are not the subject of the objection shall remain unchanged.

RESOLVING OBJECTIONS. a) a. Should any party to this PA MOA object in writing to FHWA regarding any action carried out or proposed with respect to the Project, Project or implementation of this PAMOA, FHWA shall consult with the objecting party to resolve the objection. If after initiating such consultation FHWA determines that the objection cannot be resolved through consultation, FHWA shall forward all documentation relevant to the objection to the ACHP, including FHWA’s proposed response to the objection. Within 30 thirty (30) days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options: 1) Advise FHWA that the ACHP concurs in FHWA’s proposed response to the objection, whereupon FHWA shall respond to the objection accordingly; 2) Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3) Provide Notify FHWA with recommendationsthat the objection will be referred to comment pursuant to 36 CFR § 800.7, which FHWA and proceed to refer the objection and comment. The resulting comment shall take be taken into account by FHWA in reaching a final decision regarding its response to the objection; oraccordance with 36 CFR § 800.7(c)(4) and § 110(1) of NHPA. b) b. Should the ACHP not exercise one of the above options within 30 thirty (30) days after receipt of all pertinent documentation, FHWA may assume the ACHP’s concurrence in its proposed response to the objection. c) c. FHWA shall take into account any ACHP recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; FHWA’s responsibility to carry out all actions under this PA MOA that are not the subject subjects of the objection shall remain unchanged.

RESOLVING OBJECTIONS. a) A. Should any party Signatory or Concurring Party to this PA object in writing to FHWA CNRH regarding any action how the proposed Undertaking is being carried out or proposed with respect to the Project, or implementation manner in which the terms of this PAPA are being carried out, FHWA CNRH shall consult with the objecting party and the SHPO to resolve the objection. All other signatories should be notified in writing that one of signatories is objecting to a specific action in this PA. The notification shall include the reasons for the objection and possible solutions. The objecting party shall do the notifications. B. If after initiating such consultation FHWA determines CNRH and the SHPO determine that the objection cannot be resolved through consultationresolved, FHWA CNRH shall forward all documentation relevant to the objection dispute to the Advisory Council on Historic Preservation (ACHP), including FHWACNRH’s proposed response to the objection. Within 30 days after receipt of all pertinent documentation, the ACHP shall exercise one of the following optionswill: 1) . Advise FHWA CNRH that the ACHP it concurs in FHWAwith CNRH’s proposed response to the objectionresponse, whereupon FHWA CNRH shall respond to the objection accordingly;; or 2. Provide CNRH with recommendations pursuant to 36 CFR § 800.2(b)(2) Provide FHWA with recommendations, which FHWA CNRH shall take into account in reaching a final decision regarding its response to the objectiondispute; or 3. Notify CNRH that it will comment pursuant to 36 CFR § 800.7(c) Provide FHWA with recommendations, which FHWA shall take into account and proceed to comment on the subject in reaching a final decision regarding its response to the objection; ordispute. b) C. Should the ACHP not exercise one of the above options within 30 days after receipt of all pertinent documentation, FHWA CNRH may assume the ACHP’s concurrence in move forward with its proposed response to the objectionresponse. c) FHWA D. CNRH shall take into account any ACHP the ACHP’s recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; FHWA. CNRH’s responsibility to carry out all actions under this PA that are not the subject of the objection shall remain unchanged.

RESOLVING OBJECTIONS. a) 1. Should any party to this PA MOA object in writing to FHWA regarding any action carried out or proposed with respect to the Project, Project or implementation of this PAMOA, FHWA shall consult with the objecting party to resolve the objection. If after initiating such consultation FHWA determines that the objection cannot be resolved through consultation, FHWA shall forward all documentation relevant to the objection to the ACHPCouncil, including FHWA’s proposed response to the objection. Within 30 thirty (30) days after receipt of all pertinent documentation, the ACHP Council shall exercise one of the following options: 1) a. Advise FHWA that the ACHP Council concurs in FHWA’s proposed response to the objection, whereupon FHWA shall respond to the objection accordingly; 2) b. Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or 3c. Notify FHWA that it will comment pursuant to 36 CFR 800.7(a) Provide FHWA with recommendations, which FHWA shall take and proceed to comment. Any Council comment provided in response to such a request will be taken into account by FHWA in reaching a final decision regarding its response to the objection; or b) accordance with 36 CFR 800.7(c)(4). Should the ACHP Council not exercise one of the above options within 30 thirty (30) days after receipt of all pertinent documentation, FHWA may assume the ACHPCouncil’s concurrence in its proposed response to the objection. c) . FHWA shall take into account any ACHP Council recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; FHWA’s responsibility to carry out all actions under this PA MOA that are not the subject subjects of the objection shall remain unchanged.