Common use of Resolving Adverse Effects Clause in Contracts

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 and adversely affect a National Historic Landmark in accordance with 36 CFR 800.10. x. For undertakings with ACHP participation, VDOT and the lead Federal Agency may proceed to authorize the project once the MOA/PA is signed by all signatories. For undertakings without ACHP participation, VDOT and the lead Federal Agency may proceed to authorize the project once the MOA/PA is signed by all signatories and filed with ACHP.

Resolving Adverse Effects. i. For undertakings that VDOT has determined may result in adverse effects, a. VDOT shall assess and attempt to resolve adverse effects in accordance a manner consistent with 36 CFR 800.6 and in accordance with other provisions of this AgreementPA. ii. b. VDOT shall notify the ACHP and the lead Federal Agency agency of all adverse effect findings, provide documentation specified in 36 CFR 800.11(e), and invite the 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 the ACHP. iii. c. 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 agency on all communications with consulting parties and the public. iv. d. If VDOT, the lead Federal Agencyagency, the SHPO, and the 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 MOAs in accordance with 36 CFR 800.6(b) and 800.6(c). The lead Federal Agency agency shall review the draft MOA/PA MOA and make any necessary revisions. The lead Federal Agency agency shall be a signatory to the MOA/PA. VDOT shall invite any additional Federal Agencies agencies that are signatories to this PA and that are involved in an undertaking to be a signatory to any MOA/PA MOA developed under this paragraph, unless those agencies already have designated a lead Federal Agency. v. e. VDOT may reference Stipulations V and VI (Attachments B and C) of this Agreement PA in MOAs/PAs MOAs as the content for provisions concerning post-review discoveries and human remains. vi. f. VDOT shall be a signatory to all agreements prepared in accordance with 36 CFR 800.6(b). vii. g. VDOT shall offer consulting parties (viz. 36 CFR 800.2(c)(5)) that have participated in consultation the opportunity to concur in MOAs/PAs MOAs in accordance a manner consistent with 36 CFR 800.6(c)(3). viii. h. If VDOT, the lead Federal Agencyagency, the SHPO, and the ACHP (if participating in consultation) cannot agree on measures to resolve adverse effects, the lead Federal Agencyagency, the SHPO, or the 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)800.7(a)and request Council comment. ix. i. VDOT shall assist the lead Federal Agency agency in notifying and inviting the Secretary of the Interior to participate in consultation when an undertaking may will directly and adversely affect a National Historic Landmark in accordance with 36 CFR 800.10. x. For undertakings with ACHP participation, j. VDOT and the lead Federal Agency agency may proceed to authorize the project once the MOA/PA an MOA is signed by all signatories. For the lead Federal agency, VDOT, SHPO, and the ACHP, or for undertakings without ACHP participation, VDOT and when the MOA is signed by the lead Federal Agency may proceed to authorize the project once the MOA/PA agency, VDOT and SHPO and is signed by all signatories and filed with the ACHP.