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significance to historic properties that may be identified under the terms of this MOA, as appropriate; WHEREAS; pursuant to 36 CFR § 800.4(a)(1), FTA and MnDOT CRU, in consultation with MnSHPO and other Consulting .Parties, have defined an Area of Potential Effects (APE) for the Project as documented. in Attachment B to this MOA, and FTA may need to revise the Project APE as design and construction advances and, if needed, shall do.so in consultation per the terms of this . MOA; WHEREAS, FTA, in consultation with MnSHPO and other Consulting Parties, has undertaken surveys Of Portions of the Project APE to identify historic properties as defined by 36 CFR § 800.16(l) that are listed in, or eligible for inclusion in; the National Register of Historic Places (National Register); FTA has identified twenty-eight (28.) historic properties either listed .in, or eligible for inclusion in, the National Register, as noted in Attachment C; and as the design and construction advances, FTA may need to. conduct additional survey to identify and evaluate historic properties that could be affected by the Project and, if needed, shall do so in. consultation Per the terms of this MOA, WHEREAS, FTA has. determined in consultation with MnSHPO and other Consulting Parties that Project construction will have no adverse effect on fourteen (14) historic properties; these properties: are noted in Attaclunent C; WHEREAS, FTA has determined in consultation with MnSHPO and other Consulting Parties that Project construction will. have no adverse effect on nine. (9) .historic properties; provided measures identified in this MOA are implemented; these properties are noted in Attachment C; WHEREAS, FTA has determined in consultation with MnSHPO and other Consulting Parties that the Project will have an adverse effect on five. (S) historic properties. the Lake Superior &Mississippi (LS&M) Railroad Historic District: Saint Paul to White Bear Lake Segment (XX-RRD-NPR0O1), three (3) individually eligible 1868.Aligmnents of the LS&M Railroad (XX-RRD_NpRO02? XX-RRD-NPR003, and XX-RRD_NPRO04), and the LS&M Railroad. Historic District: White Bear Lake to Hugo Segment (XX-RR.D-NPRO05), that the adverse effects cannot be avoided, and measures are included in this MOA to resolve these adverse effects; WHEREAS, in accordance with 36 CFR § 800.6(a)(1) on January 19, .2021, FTA notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with'specified documentation and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 8GO.6(a)(1)(ii ); Ruses Line BRT 54 USC § 306108 MOA 3