Common use of Resolution of Adverse Effect Clause in Contracts

Resolution of Adverse Effect. If the USACE determines that the undertaking will have an adverse effect on historic properties as measured by criteria in 36 CFR 800.5(a)(1), the USACE shall consult with the SHPO and Tribes to resolve adverse effects in accordance with 36 CFR 800.6. a) For historic properties that the USACE and the SHPO agree will be adversely affected, the USACE shall: (1) Consult with the SHPO to identify other individuals or organizations to be invited to become consulting parties. If additional consulting parties are identified, the USACE shall provide them copies of documentation specified in 36 CFR 800.11(e) subject to confidentiality provisions of 36 CFR 800.11(c). (2) Afford the public an opportunity to express their views on resolving adverse effects in a manner appropriate to the magnitude of the project and its likely effects on historic properties. (3) Consult with the SHPO, Tribes, and any additional consulting parties to seek ways to avoid, minimize or mitigate adverse effects. (4) Prepare an historic property plan (Plan) which describes mitigation measures the USACE proposes to resolve the undertaking’s adverse effects and provide this Plan for review and comment to all consulting parties. All parties have 30 days in which to provide a written response to the USACE. b) If the USACE and the SHPO fail to agree on how adverse effects will be resolved, the USACE shall request that the Council join the consultation and provide the Council and all consulting parties with documentation pursuant to 36 CFR 800.11(g). c) If the Council agrees to join the consultation, the USACE shall proceed in accordance with 36 CFR 800.9. d) If, after consulting to resolve adverse effects, the Council, the USACE, or the SHPO determines that further consultation will not be productive, then any party may terminate consultation in accordance with the notification requirements and processes prescribed in 36 CFR 800.7.

Resolution of Adverse Effect. If the USACE determines that the undertaking will have an adverse effect on historic properties as measured by criteria in 36 CFR 800.5(a)(1), the USACE shall consult with the SHPO and Tribes Tribal Nations to resolve adverse effects in accordance with 36 CFR 800.6. a) For historic properties that the USACE and the SHPO agree will be adversely affected, the USACE shall: (1) Consult with the SHPO to identify other individuals or organizations to be invited to become consulting parties. If additional consulting parties are identified, the USACE shall provide them copies of documentation specified in 36 CFR 800.11(e) subject to confidentiality provisions of 36 CFR 800.11(c). (2) Afford the public an opportunity to express their views on resolving adverse effects in a manner appropriate to the magnitude of the project and its likely effects on historic properties. (3) Consult with the SHPO, TribesTribal Nations, and any additional consulting parties to seek ways to avoid, minimize or mitigate adverse effects. (4) Prepare an historic property plan (Plan) to be included in a Memorandum of Agreement (MOA) which describes mitigation measures the USACE proposes to resolve the undertaking’s adverse effects and provide this Plan for review and comment to all consulting parties. All parties have 30 days in which to provide a written response to the USACE. b) If the USACE and the SHPO fail to agree on how adverse effects will be resolved, the USACE shall request that the Council join the consultation and provide the Council and all consulting parties with documentation pursuant to 36 CFR 800.11(g). c) If the Council agrees to join the consultation, the USACE shall proceed in accordance with 36 CFR 800.9. d) If, after consulting to resolve adverse effects, the Council, the USACE, or the SHPO determines that further consultation will not be productive, then any party may terminate consultation in accordance with the notification requirements and processes prescribed in 36 CFR 800.7.