Common use of RESOLVING OBJECTIONS Clause in Contracts

RESOLVING OBJECTIONS. 1. Should any party to this MOA object in writing to FHWA regarding any action carried out or proposed with respect to the Project or implementation of this MOA, 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 Council, including FHWA’s proposed response to the objection. Within thirty (30) days after receipt of all pertinent documentation, the Council shall exercise one of the following options: a. Advise FHWA that the Council concurs in FHWA’s proposed response to the objection, whereupon FHWA shall respond to the objection accordingly; b. Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or c. Notify FHWA that it will comment pursuant to 36 CFR 800.7(a) and proceed to comment. Any Council comment provided in response to such a request will be taken into account by FHWA in accordance with 36 CFR 800.7(c)(4). Should the Council not exercise one of the above options within thirty (30) days after receipt of all pertinent documentation, FHWA may assume the Council’s concurrence in its proposed response to the objection. FHWA shall take into account any 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 MOA that are not the subjects of the objection shall remain unchanged.

RESOLVING OBJECTIONS. 1. A. Should any party Signatory or Concurring Party to this MOA 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 MOAPA 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 CouncilAdvisory Council on Historic Preservation (ACHP), including FHWACNRH’s proposed response to the objection. Within thirty (30) 30 days after receipt of all pertinent documentation, the Council shall exercise one of the following optionsACHP will: a. 1. Advise FHWA CNRH that the Council it concurs in FHWAwith CNRH’s proposed response to the objectionresponse, whereupon FHWA CNRH shall respond to the objection accordingly;; or b. 2. Provide FHWA CNRH with recommendations, recommendations pursuant to 36 CFR § 800.2(b)(2) which FHWA CNRH shall take into account in reaching a final decision regarding its response to the objectiondispute; or c. 3. Notify FHWA CNRH that it will comment pursuant to 36 CFR 800.7(a§ 800.7(c) and proceed to comment. Any Council comment provided on the subject in response to such a request will be taken into account by FHWA in accordance with 36 CFR 800.7(c)(4). dispute. C. Should the Council ACHP not exercise one of the above options within thirty (30) 30 days after receipt of all pertinent documentation, FHWA CNRH may assume the Council’s concurrence in move forward with its proposed response to the objection. FHWA response. D. CNRH shall take into account any Council 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 MOA PA that are not the subjects subject of the objection shall remain unchanged.

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

RESOLVING OBJECTIONS. (1. ) Should any party signatory to this MOA Agreement, any Indian tribe, organization or individual, or member of the public object in writing to FHWA regarding any action carried out Reclamation or proposed with respect to the Project or implementation Service regarding the manner in which the terms of this MOAAgreement are carried out, FHWA or to any documentation prepared in accordance with and subject to the terms of this Agreement, the RFA shall consult with the objecting party to resolve address the objection. The RFA shall determine a reasonable time frame for this consultation. If after initiating such consultation FHWA determines that resolution is reached within this time frame, the objection canRFA may proceed with its action in accordance with the terms of the resolution. If resolution is not be resolved through consultationreached within this time frame, FHWA the RFA shall forward all documentation relevant to the objection to the Council, including FHWA’s the RFA=s proposed response to the objection. Within thirty (30) 30 days after receipt of all pertinent documentation, the Council shall exercise one of the following options: a. (a) Advise FHWA the RFA that the Council concurs in FHWA’s its proposed response to the objection, whereupon FHWA shall the RFA will respond to the objection accordingly;. Thereafter, the RFA may proceed with its action in a manner consistent with its proposed response; or b. (b) Provide FHWA the RFA with recommendations, which FHWA shall the RFA will take into account in reaching a final decision regarding its response to the objection. Upon reaching its final decision, the RFA will notify the objecting party and the Council of its final decision, and may thereafter proceed with its action; or c. (c) Notify FHWA the RFA that it the objection will comment be referred for comment, pursuant to 36 CFR 800.7(a) 800.7(a)(4), and proceed to refer the objection and comment. Any Council In this event, the RFA shall ensure that their agency heads are prepared to take the resulting comment provided in response to such a request will be taken into account by FHWA in accordance with 36 CFR 800.7(c)(4)) and Section 110(l) of the NHPA. Thereafter, the RFA shall notify the objecting party and the Council of its final decision regarding the objection ,and may thereafter proceed with its action. (2) Should the Council not exercise one of the above foregoing options within thirty (30) 30 days after receipt of all pertinent documentation, FHWA the RFA may assume the Council’s =s concurrence in its proposed response to the objection, advise the objecting party of that response and proceed with its action in a manner consistent with that response. (3) Disputes pertaining to the NRHP eligibility of cultural resources covered by this Agreement shall be addressed through consultation among the signatories. FHWA shall take into account any Council recommendation or comment provided If such consultation fails to resolve the dispute within a time frame deemed reasonable by the RFA, the dispute will be addressed by the RFA in accordance with this stipulation with reference only to the subject of the objection; FHWA’s responsibility to carry out all actions under this MOA that are not the subjects of the objection shall remain unchanged36 CFR ' 800.4(c)(2).