Common use of Resolution of Adverse Effect Clause in Contracts

Resolution of Adverse Effect. a. If FEMA determines that an Undertaking will adversely affect a historic property, it will notify the consulting parties of its decision and provide documentation as required by 36 C.F.R. § 800.11(e). FEMA will resolve the adverse effects through one of the following methods: i. Abbreviated Consultation Process: Should FEMA and the SHPO agree that an Undertaking may adversely affect a historic property and that the Undertaking substantially complies with the applicable Secretary’s Standards, these parties may also agree that conditions or mitigation measures are not necessary, and that an MOA or Secondary Agreement will not be developed. FEMA will confirm this agreement in writing with the SHPO, HSEM, and any other consulting party. Unless the SHPO, the ACHP, HSEM, or other consulting party objects within fourteen (14) days of receipt, FEMA will complete the review and may fund the Undertaking. Should consensus agreement not be achieved using this process or its use is not appropriate given the scale of adverse effects, FEMA shall resolve the adverse effect(s) using procedures outlined in Stipulations III.C.6.a.ii, III.C.6.a.iii, or III.C.6.a.iv, as appropriate.

Resolution of Adverse Effect. a. If FEMA determines that an Undertaking will adversely affect a historic property, it will notify the consulting parties of its decision and provide documentation as required by 36 C.F.R. § 800.11(e) subject to the confidentiality provisions of Section 304 of the NHPA, 16 U.S.C. 470 and 36 C.F.R. § 800.11(c). FEMA will resolve the adverse effects through one of the following methodsmethods depending upon the nature and scale of the adverse effect, as well as the determination of the historic property’s significance on a local, state or national level: i. Abbreviated Consultation ProcessConsultation: Should FEMA and the SHPO agree that an Undertaking may adversely affect a historic property and that the Undertaking substantially complies with the applicable Secretary’s Standardsstandards, these parties FEMA and SHPO may also agree that conditions or mitigation measures are not necessary, necessary to offset adverse effects and that an MOA or Secondary Agreement will not be developed. FEMA will confirm this agreement in writing with the SHPO, HSEMSDOEM, and any other consulting party. Unless the SHPO, the ACHP, HSEMSDOEM, or other consulting party objects within fourteen (14) days of receipt, FEMA will complete the review consultation and may fund the Undertaking. Should consensus agreement not be achieved using this process or its use is not appropriate given the scale of adverse effects, FEMA shall resolve the adverse effect(s) using procedures outlined in Stipulations III.C.6.a.ii, III.C.6.a.iii, or III.C.6.a.iv, as appropriate.