The Section 106 Process Clause Samples
The Section 106 Process. For all undertakings conducted pursuant to this Agreement, ODOT shall observe the following requirements:
(A) Initiation of Section 106 Process. During the early stages of Section 106 review, ODOT shall follow the procedures in 36 CFR § 800.3.
(B) Determine Area of Potential Effects ODOT shall determine and document an undertaking’s Area of Potential Effects (APE). Notwithstanding the requirements in 36 CFR § 800.4(a), ODOT may, but shall not be required to consult with SHPO in determining the APE.
(C) Identifying and Evaluating Historic Properties ODOT-OES shall ensure the identification of historic properties that may be affected by an undertaking and gather information to evaluate the eligibility and integrity of these properties for the NRHP. Notwithstanding the requirements in 36 CFR §800.4(b), ODOT may, but shall not be required to consult with SHPO in identifying and evaluating historic properties within the APE of projects identified in Appendix A and Appendix B of this Agreement or projects classified as “No Historic Properties Affected” and defined in Section 4(D)(2) of this Agreement.
(1) Information shall be obtained through cultural resource surveys or other appropriate methods.
(2) Identification of historic and archaeological properties shall follow Archaeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines (48 FR 44716), as well as applicable SHPO and ODOT guidelines and manuals.
(3) Except for properties already determined eligible for listing or already listed in the NRHP, ODOT-OES shall apply the National Register Criteria (36 CFR Part 63) and shall make an appropriate finding regarding eligibility.
(4) For properties that are determined by ODOT-OES to be not eligible for inclusion in the NRHP, no further review shall be required provided that any objection to ODOT-OES’ determination raised by either SHPO or the ACHP is resolved in accordance with 36 CFR § 800.4(c)(2).
(D) Determining Effects on Historic Properties
(1) Finding of Minimal Potential to Cause Effects.
(a) Application of Appendices A and B:
(1) Appendix A lists project types that do not require coordination with either ODOT-OES or SHPO. For projects on this list, the district environmental staff may make the determination that the project will not impact historic properties.
(2) Appendix B lists project types that require coordination with ODOT-OES to determine that there will be no impacts to historic properties. However, no coordination with th...
The Section 106 Process. For all undertakings reviewed pursuant to this Agreement, UDOT shall use the following process:
A. Initiation of the Section 106 Process
1. Establish the undertaking, determine if the undertaking is a type of activity that has the potential to cause effects on historic properties, and determine if the undertaking will occur on Tribal lands, or if the undertaking will require consultation with USACE. Coordination with USACE should be conducted early in the Section 106 process in order to determine if a permit is required.
2. If UDOT determines that the undertaking is one with no potential to cause effects, UDOT will document this decision in the project record and Section 106 is complete. Otherwise, continue the process.
3. Identify the appropriate ▇▇▇▇.
▇. Identify consulting parties, including Tribes, as appropriate, during the early stages of Section 106 review. If UDOT wishes to consult with SHPO on the identification of consulting parties, SHPO shall have 15 days to respond or concur. If SHPO does not respond within that time period, UDOT may assume that SHPO has no objections and may proceed.
5. Develop planning to involve the public, Tribes, USACE, and other consulting parties.
6. Begin consultation with consulting parties subject to limitations specified in Stipulation V.
B. Identification of Historic Properties
1. Pursuant to 36 CFR 800.4(a), UDOT shall determine the scope of identification efforts, including determining and documenting the undertaking’s area of potential effects (APE), as defined at 36 CFR 800.16(d) and Attachment 7. If UDOT wishes to consult with SHPO and the USACE (to ensure scope and APE cover USACE’s permit area) on the scope of the identification efforts and the definition of the APE, SHPO shall have 15 days to respond or concur. If SHPO does not respond within that time period, UDOT may assume that SHPO has no objections and may proceed.
2. Pursuant to 36 CFR 800.4(b), UDOT shall ensure the identification of historic properties that may be affected by an undertaking and gather information to evaluate the eligibility and integrity of these properties for listing in the NRHP.
3. Information shall be obtained through cultural resource surveys or other appropriate methods.
4. Identification of historic properties shall follow the Secretary of the Interior’s Standards and Guidelines for Identification (48 FR 44720-23), and should be consistent with guidance issued by SHPO, UDOT, and USACE and any other guidance, methodologies, ag...
The Section 106 Process