Resolution of Adverse Effects Clause Samples

Resolution of Adverse Effects. A. The Recipient shall consult with the SHPO, and Indian tribes or NHOs as appropriate, to resolve adverse effects. The Recipient will notify DOE of the pending consultation, and DOE will participate through its designated representative. B. The Recipient may use standard stipulations included in Attachment A of this PA, or as negotiated as part of this PA between the SHPO and the Recipient, or if the project warrants, use of an alternate PA due to the complexity of the project activity. C. Consultation shall be coordinated to be concluded in 45-days or less to avoid the loss of funding. In the event the consultation extends beyond this period, DOE shall formally invite the ACHP to participate in consultation. The ACHP will consult with DOE regarding the issues and the opportunity to negotiate a Memorandum of Agreement (MOA). Within seven (7) days after notification, the ACHP will enter consultation and provide its recommendation for either concluding the Section 106 review through an MOA or Chairman’s comment from the ACHP to the Secretary of DOE within 21 days. D. In the case of an ACHP Chairman comment, DOE may proceed once DOE provides its response to the ACHP.

Resolution of Adverse Effects. If FEMA determines that an Undertaking may adversely affect a historic property, it shall resolve the effects of the Undertaking in consultation with the SHPO, Grantee(s), subgrantee, participating Tribe(s), the ACHP, if participating, and other consulting parties, by one of the following methods depending upon the severity of the adverse effect as well as the determination of the historic property’s significance on a local, state or national level. When FEMA determines an Undertaking will adversely affect an NHL, FEMA shall notify and invite the Secretary and ACHP to participate in consultation in accordance with 36 CFR § 800.10. When the ACHP participates in consultation related to an NHL, the ACHP shall report the outcome of the consultation to the Secretary and the FEMA Administrator. Abbreviated Consultation Process: After taking into consideration the significance of the historic properties affected, the severity of the adverse effect(s), and avoidance and minimization of the adverse effect(s), FEMA may propose in writing to the consulting parties to resolve the adverse effects of the Undertaking through the application of one or more Treatment Measures outlined in Appendix C as negotiated with the SHPO and participating Tribes. The use of these Treatment Measures shall not require the execution of a Memorandum of Agreement (MOA) or Programmatic Agreement. In consultation with the SHPO, participating Tribe(s), and other consulting parties, FEMA shall propose in writing the implementation of a specific Treatment Measure, or combination of Treatment Measures, with the intent of expediting the resolution of adverse effects, and provide documentation as required by 36 CFR § 800.11(e) and subject to the confidentiality provisions of 36 CFR § 800.11(c). Unless a consulting party or the ACHP objects within 15 days of receipt of FEMA’s proposal, FEMA shall proceed with the use of the Treatment Measure(s) and will complete the Section 106 review. If any of the consulting parties or the ACHP objects within the 15 day review and comment period to the resolution of adverse effects through the application of the Abbreviated Consultation Process, FEMA shall resolve the adverse effect(s) using procedures outlined below in Stipulation II.C.6(b), Memorandum of Agreement (MOA) or Stipulation II.C.6(c), Programmatic Agreement. Because funding and implementation details of Treatment Measures for specific Undertakings may vary by program, FEMA shall provide written notic...

Resolution of Adverse Effects. If FEMA determines that an Undertaking may adversely affect a historic property, it shall resolve the effects of the Undertaking in consultation with SHPO, TXDPS, the Applicant, and other consulting parties, by one of the following methods depending on the severity of the adverse effect(s) as well as determination of the historic property’s significance on a local, state, or national level. When FEMA determines an Undertaking will adversely affect an NHL, FEMA shall notify and invite the Secretary and ACHP to participate in consultation in accordance with 36 CFR §

Resolution of Adverse Effects. If FEMA determines that an Undertaking may adversely affect a historic property, it shall resolve the effect(s) of the Undertaking in consultation with the SHPO, Recipient, sub-recipient, the ACHP, if participating, and other consulting parties, by one of the following methods depending upon the severity of the adverse effect(s) as well as determination of the historic property’s significance on a local, state or national level. When FEMA determines an Undertaking will adversely affect an NHL, FEMA shall notify and invite the Secretary and ACHP to participate in consultation in accordance with 36 CFR § 800.

Resolution of Adverse Effects a) The NRC will solicit suggestions from consulting parties concerning potential measures to avoid, minimize, or mitigate adverse effects on historic properties described in Appendix B after the PA is executed. b) The NRC and BLM, in consultation with consulting parties, will determine what treatment measures are appropriate to each adversely affected historic property. c) Treatment measures can include, but are not limited to the following: i. For archaeological properties that are significant for their research data potential (Eligibility Criterion D, National Register of Historic Places), the treatment measures may follow standard mitigation through data recovery. Treatment plan(s) for data recovery shall include, at a minimum, a research design with provisions for data recovery and recordation, analysis, reporting, and curation of resulting collection and records, and shall be consistent with the Secretary of Interior’s Standards and Guidelines (48 FR 44734-44737). Treatment plan(s) must be consistent with easement and permit requirements of other agencies, when applicable. To the extent possible, treatment plan(s) should group related sites and areas, so related resources can be considered in context, and to minimize the burden of review and approval by agencies. ii. Treatment plan(s) for properties eligible under Criteria A, B and C, or significant for values other than their potential research potential shall specify approaches for treatment or mitigation of the property in accordance with the principles, standards, and guidelines appropriate to the resource, if warranted. This may include, but not be limited to, use of such approaches as relocating the historic property, landscaping to reduce visual effects, public interpretation, ethnographic recordation, oral history, archival research, or prescribing use of a component or activity of this undertaking in such a way as to minimize effects to historic properties. Methods of recordation and documentation described in the treatment plan(s) shall conform to the Secretary of the Interior’s Standards for Architectural and Engineering Documentation (48 FR 44730-44734) or other standards specified by NRC. iii. In lieu of standard mitigation approaches described above, treatment plan(s) may adopt other alternative approaches to avoid, minimize, or mitigate effects to historic properties, including, but not limited to, assisting in the development of Tribal historic preservation plans, developing detailed h...

Resolution of Adverse Effects. A. CSO, or FHWA where Caltrans has not assumed responsibility for environmental review and compliance, with the cooperation and assistance of the Caltrans District, shall consult pursuant to 36 CFR §§ 800.6(a) and 800.6(b)(1) to resolve adverse effects that may result from undertakings covered by this Agreement. The Caltrans District shall consult with the Indian tribes that ascribe religious or cultural significance to affected historic properties and other consulting parties that may have a demonstrated interest in potentially affected historic properties in determining appropriate measures to resolve adverse effects. Caltrans, or FHWA as appropriate, shall also include the ACHP as part of the consultation when the ACHP has notified the agency official that it will participate in the consultation. B. Nothing in this Agreement shall override or supersede an Indian tribe’s ability to request government-to-government consultation with FHWA or the Corps District related to possible issuance of a DA Permit and/or Permission for a Program undertaking as described in Stipulation IV. C. Where FHWA’s responsibilities for environmental review and compliance have not been assumed by Caltrans, FHWA retains the right to reverse at any time for reasonable cause any decision allowing Caltrans certain actions prescribed in 36 CFR § 800.6. D. If DEA, FHWA where Caltrans has not assumed responsibilities for environmental review and compliance, the SHPO, and the Caltrans District are unable to agree on measures to resolve the adverse effects of an undertaking pursuant to this stipulation, they shall invite the ACHP to participate in the resolution process pursuant to 36 CFR § 800.6(b)(1)(v). If the involved parties agree to a resolution, they shall execute an MOA. If the involved parties fail to agree to measures to resolve the adverse effects, DEA, the SHPO, FHWA as appropriate, or the ACHP may terminate consultation pursuant to 36 CFR § 800.7(a). Upon termination, the signatories shall comply with the remaining requirements of 36 CFR § 800.7.

Resolution of Adverse Effects. A. Mitigation Agreements 1. For adverse effects to archaeological resources, see (C-3) above. 2. For the demolition of buildings individually NRHP-Eligible, and for which the City and SHPO agree the proposed demolition will cause an adverse effect, the City will submit a mitigation proposal to SHPO prior to the demolition of the building. 3. For the demolition of buildings which are Eligible for listing on the NRHP as contributing elements to a NRHP district, and for which the City and SHPO have agreed the demolition will cause an adverse effect, the City will provide a set of filtered/limited Community Assessment Performance Reports (CAPER). This set of reports will include only those demolitions resulting in adverse effect findings and will be submitted to SHPO prior to September 30 every 5 years. The set of reports submitted every 5 years should be include all 5 years’ worth of CAPER reports filtered as agreed upon above. Adverse effects will actually be resolved through (a) below. a. In order to better address the cumulative adverse effects caused by the demolition of NRHP-Eligible buildings which are contributing to a historic district, every 5 years, the City and SHPO will discuss the percentage of historic resources lost in each NRHP-Eligible or NRHP-Listed district. Based on this percentage, a suitable mitigation will be discussed and an agreement document drafted. 4. Upon receipt of SHPO’s comments, the city will either implement the SHPO’s recommended mitigation measures or continue consultation with the SHPO to determine if there are alternate mitigation measures that would be accepted by both the City and SHPO. If the City and SHPO cannot agree on proposed demolition plans or mitigation measures, the City will request the comments of ACHP per (B) below. B. Council Review 1. If the City and SHPO cannot agree concerning the proposed demolition plans or mitigation measures, the City will notify the Council and request its participation as set forth in applicable provisions of the Council’s current regulations.

Resolution of Adverse Effects. 1. For all identified historic properties subject to adverse effects, WSAFCA and the Corps will develop and implement treatment to resolve adverse effects where feasible. Treatment may consist of measures that entirely avoid adverse effects, documentation, data recovery excavations, preservation in place, or other methods identified by WSAFCA in consultation with the Corps. WSAFCA may use treatment methods provided in the attached HPMP or may develop property-specific treatment as necessary. If methods described in the HPMP are appropriate for necessary treatment, WSAFCA and the Corps may refer to those methods in the inventory report, finding of effect document, or stand-alone management plan and incorporate them by reference without repeating the full text of the relevant treatment methods.

Resolution of Adverse Effects. A. FHWA, with the cooperation and assistance of Caltrans, shall consult pursuant to 36 CFR 800.6(a) and 800.6(b)(1) to resolve adverse effects that may result from undertakings covered by this Agreement. In complying with 36 CFR 800.6, FHWA may consult with Caltrans, and as a result of such consultation, FHWA may direct Caltrans to implement under FHWA authority certain actions prescribed in 36 CFR