Findings of No Adverse Effect Sample Clauses
The "Findings of No Adverse Effect" clause establishes that a particular action, project, or decision has been reviewed and determined not to cause significant negative impacts, often in the context of environmental, historical, or regulatory assessments. In practice, this clause is typically used after an evaluation process, such as an environmental review, where authorities or experts conclude that the proposed activity will not harm protected resources or violate relevant standards. Its core function is to provide formal assurance that proceeding with the project is permissible under applicable laws or regulations, thereby streamlining approvals and reducing the risk of future legal or regulatory challenges.
Findings of No Adverse Effect. If, through consultation, USACE determines that an Undertaking does not meet the adverse effect criteria, pursuant to 36 C.F.R. § 800.5(a)(1), USACE shall propose a finding of “no adverse effect” and consult with the SHPO of jurisdiction, appropriate Federally-recognized Tribes(s) and Consulting Parties in accordance with 36 CFR § 800.5(b) and following steps i-iii below, or will move to subparagraph b.
i. USACE shall notify all Consulting Parties of its finding; describe any project specific conditions and/or modifications required to avoid or minimize effects to historic properties; and provide supporting documentation pursuant to 36 CFR §800.11(e).
ii. Unless a Consulting Party objects within thirty (30) days, USACE will proceed with its “no adverse effect” determination and conclude the Section 106 review.
iii. If a Consulting Party objects to a finding of “no adverse effect,” USACE will consult with the objecting party to resolve the disagreement.
a) If the objection is resolved, USACE shall proceed with the Undertaking in accordance with the resolution; or
b) If the objection cannot be resolved, USACE shall request that ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. USACE shall, pursuant 800.5(c)(3)(ii)(B), prepare a summary of its decision that contains the rationale for the decision and evidence of consideration of the ACHP’s opinion, and provide this to the SHPO of jurisdiction, appropriate Federally- recognized Tribes and all other Consulting Parties. If USACE’s final determination is to reaffirm its “no adverse effect” finding, the Section 106 review of the Undertaking will have concluded. If USACE will revise its finding then it shall proceed to Stipulation VI 6. b., below.
Findings of No Adverse Effect. If the Mn/DOT CRU staff finds that there are historic properties within the APE that will not be adversely affected by the undertaking as defined in 36 CFR 800.5(a) and (b), the Mn/DOT CRU staff shall make a formal finding of “No Adverse Effect” as per the terms of Stipulation 4 of this PA and specify those conditions, if any, that shall be imposed to secure that finding. FHWA shall ensure that specified conditions are met. The Mn/DOT CRU staff shall submit its determination to the SHPO, who will have 30 days to comment. If the SHPO requests additional, relevant information not provided in the original submittal, the SHPO will make such a request within the 30-day comment period. Once the additional information has been provided, the SHPO will have 30 days to comment. If the Mn/DOT CRU determines that a project scope has changed, the SHPO’s 30-day comment period will be recalculated from the date the SHPO receives the revised submittal.
Findings of No Adverse Effect. 1. If Navy CR personnel find that the project will have no adverse effect on historic properties, CNRH shall provide documentation (via email or DoD file transfer system) of the finding of No Adverse Effect to the SHPO and consulting parties, for a 60-calendar day review period, including, but not necessarily limited to, the following:
a. Project description;
b. APE map showing the location of the project and planned ground disturbance, as applicable;
c. Identification of historic properties including but not limited to historic properties identified in the ICRMP and additional inventory updates as applicable;
d. Photos and design drawings (typically concept drawings, 35%, or 65%), as applicable; and
e. Explanation of the CNRH finding of No Adverse Effect to include consideration of cumulative effects.
2. Within 15 calendar days of providing documentation, CNRH shall schedule a meeting with SHPO and the consulting parties to support constructive, meaningful discussion about the project with the goal of reaching agreement.
3. CNRH shall consider all written comments received from SHPO and consulting parties within the 60-calendar day review period.
a. CNRH shall consider requests to extend the review period. Extensions shall be subject mission constraints.
b. Upon completion of the 60-calendar day review period, CNRH shall provide a draft MOR to SHPO and consulting parties for a 15-calendar day review period, to include:
1) Summary of consultation;
2) APE map;
3) Identification of historic properties;
4) CNRH final finding of No Adverse Effect;
5) Concise statement of binding CNRH commitments; and,
6) Projected timeline for completion of the commitments.
c. If the CNRH final finding of No Adverse Effect is changed to Adverse Effect, CNRH shall proceed to Stipulation III.E.3.b.
4. Any signatory or consulting party can request participation of the ACHP in a project review during the 60-calendar day review period by submitting a request in writing to the ACHP. ACHP shall notify all signatories and consulting parties of its decision within 15 calendar days.
5. If CNRH receives written disagreement with the draft MOR from SHPO or any consulting party within 15 calendar days of receipt, CNRH shall proceed to Stipulation III.F.
6. If CNRH does not receive written disagreement with the draft MOR from SHPO or any consulting party within 15 calendar days of receipt, CNRH shall submit to SHPO (via email or DoD file transfer system) a final MOR signed by CNRH and a cop...
Findings of No Adverse Effect. For any project that includes, within the Area of Potential Effects, National Register listed or eligible properties that will not be adversely affected by the project, as defined by the Criteria of Adverse Effect set forth in ▇▇ ▇▇▇ ▇▇▇.▇(▇), ▇▇▇▇▇▇▇▇▇▇▇ shall make a formal Finding of No Adverse Effect. MassHighway shall forward copies of adequate documentation to support a No Adverse Effect finding to the Massachusetts SHPO, FHWA, and other consulting parties, as appropriate.
a. For projects where there are no consulting parties other than the SHPO, the SHPO will have 21 days to review a Finding of No Adverse Effect. Unless the Massachusetts SHPO objects to MassHighway and/or FHWA within 21 days of receiving the notification, no further review of the project is warranted and the project may proceed. Failure of the Massachusetts SHPO to respond within 21 days from the receipt of the finding may be considered agreement with the finding.
b. For projects where there are consulting parties in addition to the SHPO, all parties will have 30 days from receipt, to review a Finding of No Adverse Effect. Unless the Massachusetts SHPO or a consulting party objects to MassHighway and/or FHWA within 30 days of receiving the notification, no further review of the project is warranted and the project may proceed. Failure of the Massachusetts SHPO or any other consulting party, as appropriate, to respond within 30 days from the receipt of the finding may be considered agreement with the finding.
c. MassHighway will submit any disputes concerning the No Adverse Effect finding to FHWA for resolution in accordance with Stipulation XII.
Findings of No Adverse Effect. If, through consultation, USACE determines that an Undertaking does not meet the adverse effect criteria, pursuant to 36 C.F.R. § 800.5(a)(1), USACE shall propose a finding of “no adverse effect” and consult with the MS SHPO, appropriate Federally-recognized Tribes(s) and Consulting Parties in accordance with 36 CFR § 800.5(b) and following steps i-iii below, or will move to subparagraph b.
i. USACE shall notify all consulting parties of its finding; describe any project specific conditions and/or modifications required to avoid or minimize effects to historic properties; and provide supporting documentation pursuant to 36 CFR §800.11(e).
ii. Unless a consulting party objects within thirty (30)-days, USACE will proceed with its “no adverse effect” determination and conclude the Section 106 review.
iii. If a consulting party objects to a finding of “no adverse effect,” USACE will consult with the objecting party to resolve the disagreement.
a. If the objection is resolved, USACE shall proceed with the Undertaking in accordance with the resolution; or
Findings of No Adverse Effect