Common use of Resolving Adverse Effects Clause in Contracts

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.