Common use of Resolving Adverse Effects Clause in Contracts

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.