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.