Common use of Finding of Adverse Effect Clause in Contracts

Finding of Adverse Effect. If the criteria of adverse effect in 36 CFR 800.5(a)(1) are met, the HPT Staff will make a finding that the project will have an adverse effect on historic properties. The HPT Staff is encouraged to discuss this recommendation with any landowners, if the affected properties are on their lands, before formal consultation. The HPT Staff or a consultant will draft a letter on the finding of Adverse Effect, and the HPT Staff will submit the letter, in addition to all appropriate supporting documentation, to the HPT Team Lead for review. After the HPT Team Lead reviews and approves the draft letter, the HPT Staff or a consultant prepares the final letters for mailing and the HPT Team Lead signs them and returns them to the HPT Staff for final processing and transmittal to the consulting parties. • Although not required by 36 CFR 800, ADOT sends notification of the adverse effect to SHPO and the consulting parties The SHPO typically will respond within 15 calendar days with their concurrence or comments to ADOT. All other consulting parties will have 35 days to respond. ACHP usually responses within 15 days. • ADOT may include in the consultation letter a statement that ADOT proposes to resolve the adverse effect through a MOA or project-specific PA.