Common use of Assessment of Effects Clause in Contracts

Assessment of Effects. A. Application of Criteria Caltrans shall apply the Criteria of Adverse Effect set forth in 36 CFR 800.5(a)(1) to findings made pursuant to Stipulation IX.B, taking into account views provided by consulting parties or the public. When Indian tribes attach religious or cultural significance to identified historic properties, Caltrans shall apply the criteria in consultation with those tribes, unless the tribes request direct government-to- government consultation with FHWA pursuant to Stipulation IV.A. B. Finding of No Adverse Effect Caltrans may propose a finding of No Adverse Effect if none of the undertaking’s anticipated effects meet the Criteria of Adverse Effect under 36 CFR 800.5(a)(1), or if Caltrans imposes conditions that will avoid all adverse effects to historic properties.