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August 2003
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HPC Meeting Minutes 2003
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August 2003
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South Bend HPC
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Minutes
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1001360
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after receipt of all pertinent documentation, the Council shall <br />exercise one of the following options: <br />i. Provide the FHWA with a staff -level recommendation, <br />which the FHWA shall take into account in reaching a <br />final decision regarding its response to the objection; or <br />ii. Notify the FHWA that the objection will be referred for <br />formal comment pursuant to 36 C.F.R. 800.7(c), and to <br />proceed to refer the object and comment. The FHWA <br />shall take into account the Councirs comments in <br />reaching a final decision regarding its response to the <br />objection. <br />b. If comments from the Council are provided in accordance with <br />stipulation (a) of this memorandum of agreement, then the FHWA <br />shall take into account any Council comment provided in <br />accordance with 36 C.F.R. 800.7(a)(4) with reference only to the <br />subject of the objection. The FHWA's responsibility to carry out all <br />actions under this memorandum of agreement that are not the <br />subjects of the objection shall remain unchanged. <br />POST REVIEW DISCOVERY <br />In the event that one or more historic properties other than Angela Boulevard <br />Bridge #211 are discovered or that unanticipated effects on historic properties are <br />found during the implementation of this memorandum of agreement, the FHWA <br />shall follow the procedure specified in 36 C.F.R. 800.13 <br />AMENDMENT <br />Any signatory to this memorandum of agreement may request that it be amended, <br />whereupon the parties shall consult to consider the proposed amendment. 36 <br />C.F.R. 800.6(c)(7) shall govern the execution of any such amendment. <br />TERMINATION <br />A. If the terms of this memorandum of agreement have not been implemented <br />by the January 1, 2007, then this memorandum of agreement shall be <br />considered null and void. In such an event, the FHWA shall so notify the <br />parties to this memorandum of agreement and, if it chooses to continue <br />with the Rehabilitation of Angela Boulevard Bridge # 211, then it shall <br />reinitiate review of the Rehabilitation of Angela Boulevard Bridge # 211 <br />in accordance with 36 C.F.R. 800.3 through 800.7. <br />B. Any signatory to the memorandum of agreement may terminate it by <br />providing thirty (30) days notice to the other parties, provided that the <br />parties shall consult during the period prior to termination to seek <br />
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