DETERMINATION OF EFFECTS Clause Samples

DETERMINATION OF EFFECTS. FERC's (or its designated non-federal representative’s) determination of effects to a federally listed species as a result of the proposed activity will be based on the use of the IPaC Tool and criteria below. Further coordination will be conducted with the Service as indicated herein. The FERC signatory will retain discretionary authority to 1) make “No Effect” determinations when appropriate, documenting the basis for the finding(s) according to internal administrative procedures, and/or 2) submit a request to the Service to initiate consultation, according to Standard Section 7 procedures, when it is believed the project effect and consequences to listed species/critical habitat have not been adequately evaluated through the IPaC tool. a. “No effect” to listed species or to designated critical habitat: i. If the species is not registered on the parish list where the project is proposed, then a determination of “no effect” is reasonable and no further coordination with the Service is necessary. ii. If the species is registered on the parish list where the project is proposed, but no suitable habitat is present within the project area, then a determination of “no effect” is reasonable and no further coordination with the Service is necessary. iii. If designated critical habitat is not present within the proposed action area, then a determination of “no effect” is reasonable and no further coordination with the Service is necessary. b. “May affect” listed species: i. If the species is registered on the parish list where the project is proposed and suitable habitat is present within the action area, then a determination of “may affect” is warranted. Work may not proceed until the listed species issue is resolved. 1. Not likely to adversely affect: This secondary determination is appropriate when the project’s effects are insignificant, discountable, or completely beneficial; and no take is likely. Species protective measures (contained within individual SLOPES dkeys) will be incorporated into any conditions of approval of the proposed action. Under such conditions, the Service concurs that a "may affect, but not likely to adversely affect" determination is reasonable and no further coordination with the Service is necessary.
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DETERMINATION OF EFFECTS. BOEM will prioritize avoidance and minimization of adverse effects and, where practicable, BOEM will require lessees and grantees to avoid effects to historic properties through lease stipulations, resulting in BOEM making a finding of no historic properties affected, consistent with 36 CFR § 800.4(d)(1). If it is determined that there will be effects to historic properties, BOEM will follow 36 CFR § 800.5. Any adverse effects will be resolved by following 36 CFR § 800.6 and 36 CFR § 800.10 for National Historic Landmarks. All finding documents will follow the review process outlined in Stipulation X.
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DETERMINATION OF EFFECTS. Avoidance of adverse effects to Historic Properties is the preferred treatment approach. The Corps will consider redesign of Project elements in order to avoid Historic Properties and Project effects that may be adverse. However, it may not be possible to redesign the Project in order to avoid adverse effects to Historic Properties. The Corps will apply the criteria of adverse effect, pursuant to 36 C.F.R. § 800.5(a)(1), to Historic Properties within the APE. The Corps shall submit the finding of effect in accordance with Stipulation I (Timeframes and Review Procedures). If effects to Historic Properties are determined to be adverse, Stipulation V (Historic Properties Treatment Plan), below, will be followed.
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DETERMINATION OF EFFECTS. Avoidance of adverse effects to Historic Properties shall be considered the preferred treatment approach. The Corps will consider redesign of the Project in order to avoid Historic Properties and Project effects that may be adverse. However, it may not be possible to redesign the Project in order to avoid adverse effects to all Historic Properties. The Corps will apply the criteria of adverse effect pursuant to 36 CFR § 800.5(a)(1) to all Historic Properties within the APE that will be affected by the Project. Determinations of effect will be made in consultation with the SHPO. The SHPO shall have 30 days from receipt to comment in writing on the determination of effects. If the SHPO does not respond within 30 days of receipt of a request for review of a determination of effects document, the Corps may either proceed to the next step in the process based on their determination of effects or consult with the Council in lieu of the SHPO. If the Corps determines that no Historic Properties are affected or determines there is no adverse effect to Historic Properties in accordance with 36 C.F.R. §§ 800.4(d)(1) or 800.5(b), and there are no written objections from the SHPO, the Corps will document the determination and their obligations under the NHPA for this phase of the Project will be complete. If affects to Historic Properties are determined to be adverse, Stipulation VIII (Historic Properties Management Plan), below, will be followed.
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DETERMINATION OF EFFECTS. Avoidance of adverse effects to Historic Properties is the preferred treatment approach. WSAFCA will consider redesign of Project elements in order to avoid Historic Properties and Project effects that may be adverse. However, it may not be possible to redesign the Project in order to avoid adverse effects to Historic Properties. The Corps will apply the criteria of adverse effect, pursuant to 36 C.F.R. § 800.5(a)(1), to all Historic Properties within the APE that will be affected by the Project. WSAFCA shall prepare determinations of effects which will then be submitted to the Corps for review. The Corps shall then consult on determinations of effects in accordance with Stipulation II (Timeframes and Review Procedures). If effects to Historic Properties are determined to be adverse, Stipulation IV.B. (Historic Property Treatment Plans), above, will be followed.
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DETERMINATION OF EFFECTS. 1. If additional historic properties are identified within the APE for the Undertaking, the Marine Corps will seek to avoid effects on those properties. Historic properties that can be avoided will be managed by the appropriate landowner in compliance with NHPA Section 110 and the relevant installation Integrated Cultural Resources Management Plan (ICRMP). 2. If adverse effects on the historic property cannot be avoided, the Marine Corps will, in cooperation with the appropriate landowner, notify Signatories, Invited Signatories, Concurring Parties, and NHO and propose minimization and/or mitigation measures to resolve adverse effects. The resolution of any adverse effects on the newly identified historic properties would be codified in a Memorandum of Agreement, per 36 CFR 800.6 a. If Signatories concur with the proposed mitigation, the project will proceed and mitigation will be documented per Stipulation VII.B.7. b. If signatories do not concur with the Marine Corps determination of effect, Signatories will follow Stipulation XI.
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Related to DETERMINATION OF EFFECTS

  • Determination of Eligibility The Plan Administrator shall determine the eligibility of each Employee for participation in the Plan based upon information provided by the Employer. Such determination shall be conclusive and binding on all individuals except as otherwise provided herein or by operation of law.

  • Mitigation of Harmful Effects To mitigate, to the extent practicable, any harmful effect 8 that is known to CONTRACTOR of a use or disclosure of DHCS PI or PII by CONTRACTOR or its 9 subcontractors in violation of this Personal Information Privacy and Security Contract.