Resolving Adverse Effects Clause Samples

Resolving Adverse Effects. 1. If an undertaking may adversely affect a National Historic Landmark, the Agency shall request the SHPO, the Council, and the Secretary of the Interior to participate in consultation to resolve any adverse effects, as outlined in 36 CFR 800.10. 2. When the qualified professional determines that a proposed project will result in an adverse effect to an historic property, the qualified professional shall consult with VDHP on whether it is appropriate to execute a Standard Mitigation Measures Agreement as outlined in Appendix E. If VDHP determines that executing a Standard Mitigation Measures Agreement is appropriate to mitigate the proposed adverse effect, the qualified professional shall prepare an Agreement and submit it to VDHP for review. VDHP shall advise the Recipient and the Agency of its decision to execute the Agreement within twenty-one 21 days following its receipt with adequate documentation. The SHPO may consult with the Secretary of the Agency of Commerce and Community Development to resolve project conflicts. 3. When the SHPO determines that it is appropriate to execute a Standard Mitigation Measures Agreement, the Agreement shall be signed by the Agency, the SHPO, and the Recipient, and the Agency shall ensure that the terms of the Agreement are carried out. 4. In the case of an adverse effect to a National Register-eligible archaeological site, the qualified archaeological professional shall develop an Archaeological Data Recovery Plan as part of the Standard Mitigation Measures Agreement that meets applicable federal and state guidelines, including the Council’s Treatment of Archaeological Properties and Recommended Approach for Consultation on Recovery of Significant Information From Archaeological Sites (1999), and the Guidelines for Conducting Archaeological Studies in Vermont (most recent and updated version). Data Recovery projects shall include a significant public education and interpretation component whenever appropriate. Materials recovered shall be curated and stored in accordance with 36 CFR 79 and VDHP curation standards. 5. If the qualified professional or VDHP determine that the Standard Mitigation Measures are not appropriate for a project, they shall consult with the Recipient and the Agency to seek ways to minimize or mitigate the adverse effects. If consensus is reached, the qualified professional shall prepare a Memorandum of Agreement, as outlined in 36 CFR §800.6 (b)(1), and the Agency, the Recipient, and SHPO shall ...

Resolving Adverse Effects. A MOA is used for a specific project when the impacts to historic properties are known. A project- specific PA is used when a project will impact historic properties, but the nature of these impacts is not yet known, and/or when implementation of measures to resolve adverse effects will require extensive post-NEPA decision making because of issues associated with property access or the project design process (e.g., for design build projects). A project-specific PA is also used early in the project development process when ADOT anticipates a complex and controversial consultation process. In the latter case, the project-specific PA will provide the structure and framework for consultation and all steps in the Section 106 process. The steps for developing a project-specific MOA or PA are outlined in Section 3.5.4.2.

Resolving Adverse Effects i. For undertakings that VDOT has determined may result in adverse effects, VDOT shall assess and attempt to resolve adverse effects in accordance with 36 CFR 800.6 and other provisions of this Agreement. ii. VDOT shall notify ACHP and the lead Federal Agency of all adverse effect findings, provide documentation specified in 36 CFR 800.11(e), and invite ACHP to participate in a manner consistent with 36 CFR 800.6(a)(1)(i). VDOT shall copy all consulting parties, including Tribes, when it notifies ACHP. iii. VDOT shall involve consulting parties and the public in its efforts to resolve adverse effects in a manner consistent with 36 CFR 800.6(a)(2), 800.6(a)(3), and 800.6(a)(4). VDOT shall copy the lead Federal Agency on all communications with consulting parties and the public. iv. If VDOT, the lead Federal Agency, the SHPO, and ACHP (if participating in consultation) agree on measures to resolve the adverse effects, VDOT shall draft a Memorandum of Agreement (MOA) or Programmatic Agreement (PA). VDOT shall prepare all MOAs/PAs in accordance with 36 CFR 800.6(b) and 800.6(c). The lead Federal Agency shall review the draft MOA/PA and make any necessary revisions. The lead Federal Agency shall be a signatory to the MOA/PA. VDOT shall invite any additional Federal Agencies that are involved in an undertaking to be a signatory to any MOA/PA developed under this paragraph, unless those agencies already have designated a lead Federal Agency. v. VDOT may reference Stipulations V and VI (Attachments B and C) of this Agreement in MOAs/PAs as the content for provisions concerning post-review discoveries and human remains. vi. VDOT shall be a signatory to all agreements prepared in accordance with 36 CFR 800.6(b). vii. VDOT shall offer consulting parties (viz. 36 CFR 800.2(c)(5)) that have participated in consultation the opportunity to concur in MOAs/PAs in accordance with 36 CFR 800.6(c)(3). viii. If VDOT, the lead Federal Agency, the SHPO, and ACHP (if participating in consultation) cannot agree on measures to resolve adverse effects, the lead Federal Agency, the SHPO, or ACHP may terminate consultation in accordance with 36 CFR 800.7(a) and the lead Federal Agency then shall request, consider, and respond to ACHP formal comments prior to approving the undertaking, in accordance with 36 CFR 800.7(c). ix. VDOT shall assist the lead Federal Agency in notifying and inviting the Secretary of the Interior to participate in consultation when an undertaking may directly a...

Resolving Adverse Effects. A. With respect to all ABPP Grant Programs, if NPS determines that the project will have an Adverse Effect on historic properties and the SHPO concurs, the NPS then will continue consultation with the SHPO, recipient, and other appropriate Consulting Parties, including appropriate federally recognized Tribes and NHOs in accordance with 36 CFR § 800.6, to develop alternatives or modifications to the project that could avoid, minimize or mitigate effects on historic properties. NPS shall notify the ACHP of all adverse effect findings, provide documentation specified in 36 CFR § 800.11(e), and invite ACHP to participate in a manner consistent with 36 CFR § 800.6(a)(l)(i). NPS shall copy all Consulting Parties, including Tribes, when it notifies ACHP. B. Should Adverse Effects be determined and, through consultation, cannot be avoided or minimized, the NPS, SHPO, and the recipient, along with any Indian Tribes, NHOs or Consulting Parties, will develop a Memorandum of Agreement (MOA) or project-specific Programmatic Agreement (PA) for any undertaking subject to this Agreement. Development of the MOA or PA shall be limited to a period of 180 days from notification of the ACHP, after which an MOA or PA will be executed, or the NPS will request the staff comments of the ACHP. C. NPS may use the standard stipulations included in Attachment C of this Agreement to expedite development of an MOA, or, if the project warrants due to its complexity, develop a project- specific programmatic agreement.

Resolving Adverse Effects. Execution of this MOA by KDOT, SHPO and Cowley County and the submission of documentation and filing of this MOA with the ACHP pursuant to 36 C.F.R. Section 800.6(b)(1)(iv) prior to KDOT’s approval of this undertaking, and implementation of its terms evidence that KDOT has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment.

Resolving Adverse Effects. If the Forest Service finds, in consultation with the SHPO and tribes, that the protection measures outlined in Section IX above cannot be applied and/or the undertaking will have an “adverse effect” on historic properties, the FS shall notify the Council as specified in Section VII of the Programmatic Agreement and shall consult to resolve adverse effects following the procedures in 36 CFR 800.

Resolving Adverse Effects. If an undertaking may adversely affect a National Historic Landmark, SHPO shall request the Council and Secretary of the Interior to participate in consultation with VHCB, the qualified professional, and Applicant to resolve any adverse effects, as outlined in 36 CFR 800.10. When the proposed activities cannot meet the Standards and alternatives have been examined, the qualified professional shall make a recommendation to SHPO on whether it is appropriate to execute a Standard Mitigation Measures Agreement as outlined in Appendix E. If SHPO determines that executing a Standard Mitigation Measures Agreement is appropriate to mitigate the adverse effect, the qualified professional shall prepare a draft agreement and submit it to SHPO for review. SHPO shall advise all parties of its decision to execute the agreement within thirty (30) days following receipt with adequate documentation and justification. SHPO and VHCB may consult with the Secretary of the Agency of Commerce and Community Development and/or the Council to resolve project conflicts.

Resolving Adverse Effects. 1. If an undertaking may adversely affect a National Historic Landmark, SHPO shall request the Council and Secretary of the Interior to participate in consultation with VHCB, the qualified professional, and Applicant to resolve any adverse effects, as outlined in 36 CFR § 800.10. 2. When the proposed activities cannot meet the Standards and alternatives have been examined, the qualified professional shall make a recommendation to SHPO on whether it is appropriate to execute a Standard Mitigation Measures Agreement as outlined in Appendix E. If SHPO determines that executing a Standard Mitigation Measures Agreement is appropriate to mitigate the adverse effect, the qualified professional shall prepare a draft agreement and submit it to SHPO for review. SHPO shall advise all parties of its decision to execute the agreement within thirty (30) days following receipt with adequate documentation and justification. SHPO and VHCB may consult with the Secretary of the Agency of Commerce and Community Development and/or the Council to resolve project conflicts. 3. In the case of an adverse effect to a NRHP-listed or -eligible archaeological site, the qualified archaeological professional shall develop an Archaeological Date Recovery Plan as part of the Standard Mitigation Measures Agreement that meets applicable federal and state guidelines. These guidelines include but are not limited to Council’s Treatment of Archaeological Properties and Recommended Approach for Consultation on Recovery of Significant Information from Archaeological Sites (1999) and

Resolving Adverse Effects. A. Authorized Recipients will notify the NPS if they determine an undertaking may have the potential to result in an adverse effect and the NPS will enter consultation to resolve the adverse effects. B. If the NPS finds that the project will have an adverse effect on historic properties and the SHPO/THPO concurs, the NPS will continue consultation with the SHPO/THPO, recipient, subrecipient (if applicable), and other appropriate consulting parties, including appropriate federally recognized Tribes and NHOs in accordance with 36 CFR § 800.6, to develop alternatives or modifications to the project that could avoid, minimize or mitigate effects on historic properties. C. The NPS will notify the ACHP of all adverse effect findings, provide documentation specified in 36 CFR § 800.11(c), and invite the ACHP to participate in a manner consistent with 36 CFR § 800.6(a)(l)(i). D. Should adverse effects be determined to be unavoidable, the NPS, SHPO/THPO, the ACHP (if participating), and the recipient, subrecipient (if applicable), along with any Tribes, NHOs or consulting parties, will develop a Memorandum of Agreement (MOA) or project-specific Programmatic Agreement (PA) to resolve adverse effects for the subject undertaking. E. The NPS may use the standard stipulations included in Attachment F of this Agreement to expedite development of an MOA, or, if the project warrants due to its complexity, develop a project-specific PA.