TREATMENT OF HISTORIC OR CONTRIBUTING PROPERTIES Clause Samples
TREATMENT OF HISTORIC OR CONTRIBUTING PROPERTIES. Proposed undertakings for individual properties that are eligible for, nominated for, or listed in the National Register, or properties determined to be eligible or contributing resources within a National Register-listed or eligible historic district, that include activities other than those in Stipulation IV, must be consulted on with the SHPO in accordance with 36 CFR 800.3 through 800.6 (Stipulation VIII). Certified Staff will initiate consultation with the SHPO. The City shall be responsible for insuring compliance with these stipulations. If a property owner submits a Federal Historic Tax Credit (36 CFR 67) Part 2 Historic Preservation Certification Application to the National Park Service (NPS), the review required by the certification process shall supersede the review outlined above. If the undertaking receives Part 2 Certification from NPS without conditions, it shall be deemed to conform to the Standards and will require no further review under this Agreement. If the undertaking is certified with conditions, the City shall require that the undertaking be changed in accordance with the conditions before granting any discretionary approval. If the undertaking is changed in accordance with the conditions, no further review under this Agreement will be required. The Certified Staff shall document the successful completion of the Part 2 Certification Process and may authorize the undertaking to proceed. Certified Staff will forward initial findings for all undertakings that include activities other than those in Stipulation IV within thirty (30) days, to the responsible City program staff providing a determination on the potential effect of undertakings on historic resources. If the City objects to initial findings, the Certified Staff shall consult with the SHPO in accordance with Stipulation VI of this Agreement. If the Certified Staff determines that no historic properties are affected by Program activities, it will document the basis for that determination and the HUD-assisted activity(ies) may proceed as planned. These determinations shall be on file with Certified Staff for at least five (5) years. A copy of these determinations shall also be maintained in each individual project/activity file. If the Certified Staff determines that Program activities will have no effect on any historic properties (historic properties within the APE but will not be directly affected), it shall document the basis for that determination and the activity(ies) may ...
