Common use of Abbreviated Consultation Process Clause in Contracts

Abbreviated Consultation Process. After taking into consideration the nature of the historic properties affected and the severity 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 Treatment Measures outlined in Appendix C as negotiated with the SHPO or participating Tribes. The use of these Treatment Measures shall not require the execution of a Memorandum of Agreement (MOA) or Programmatic Agreement. i. 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), as well as provide the ACHP with an adverse effect notice in accordance with 36 CFR § 800.6(a)(1) and FEMA’s intent to apply the Treatment Measure(s). 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 conclude the Section 106 review. ii. 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. iii. Because funding and implementation details of Treatment Measures for specific Undertakings may vary by program, FEMA shall provide written notice to the consulting parties within sixty (60) days of the completion of the Treatment Measure(s). This written notice will serve as confirmation that the Treatment Measure(s) for a specific Undertaking have been implemented. FEMA also shall include information pertaining to the completion of Treatment Measures in the annual report pursuant to Stipulation I.B.1(d), FEMA Roles and Responsibilities. --DRAFT--

Abbreviated Consultation Process. After taking into consideration the nature significance of the historic properties affected and affected, the severity of the adverse effect(s), and avoidance or 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 or SHPO, TDEM, the Subrecipient, participating TribesTribe(s), and other consulting parties. The use of these Treatment Measures shall will not require the execution of a Memorandum of Agreement (MOA) or Programmatic Agreement. i. In consultation with the SHPO, TDEM, Subrecipient, participating Tribe(s), and other consulting parties, FEMA shall propose in writing the implementation of a specific Treatment Measure, or combination of Treatment Measures, Measures with the intent of expediting the resolution of adverse effects, effects and provide documentation as required by 36 CFR § 800.11(e) and subject to the confidentiality provisions of 36 CFR § 800.11(c), as well as provide the ACHP with an adverse effect notice in accordance with 36 CFR § 800.6(a)(1) and FEMA’s intent to apply the Treatment Measure(s). Unless a consulting party or the ACHP objects within 15 fifteen (15) days of receipt of FEMA’s proposal, FEMA shall proceed with the use of the Treatment Measure(s) Measures and will conclude complete the Section 106 review. ii. 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.(cII.C.6(c), . Programmatic Agreement. iii. Because funding and implementation details of Treatment Measures for specific Undertakings may vary by program, FEMA shall provide written notice to the consulting parties within sixty (60) days of the completion of the Treatment Measure(s)Measures. This written notice will serve as confirmation that the Treatment Measure(s) Measures for a specific Undertaking have been implemented. FEMA also shall include information pertaining to the completion of Treatment Measures in the annual report pursuant to Stipulation I.B.1(d), FEMA Roles and Responsibilities. --DRAFT--.

Abbreviated Consultation Process. After taking into consideration the nature of the historic properties affected and the severity 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 Treatment Measures outlined in Appendix C as negotiated with the SHPO or participating Tribes. The use of these Treatment Measures shall not require the execution of a Memorandum of Agreement (MOA) or Programmatic Agreement. i. 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), as well as provide the ACHP with an adverse effect notice in accordance with 36 CFR § 800.6(a)(1) and FEMA’s intent to apply the Treatment Measure(s). 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 conclude the Section 106 review. ii. 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. iii. Because funding and implementation details of Treatment Measures for specific Undertakings may vary by program, FEMA shall provide written notice to the consulting parties within sixty (60) days of the completion of the Treatment Measure(s). This written notice will serve as confirmation that the Treatment Measure(s) for a specific Undertaking have been implemented. FEMA also shall include information pertaining to the completion of Treatment Measures in the annual report pursuant to Stipulation I.B.1(d), FEMA Roles and Responsibilities. --DRAFT--.

Abbreviated Consultation Process. After taking into consideration the nature significance of the historic properties affected and affected, the severity of the adverse effect(s) and avoidance or 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 such as those outlined in Appendix C as negotiated with the SHPO or SHPO, participating Tribes, and other consulting parties. The use of these Treatment Measures shall may not require the execution of a Memorandum of Agreement (MOA) an MOA or Programmatic Agreement. i. In consultation with the SHPO, participating Tribe(s), the ACHP, if participating, 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), as well as provide the ACHP with an adverse effect notice in accordance with 36 CFR § 800.6(a)(1) and FEMA’s intent to apply the Treatment Measure(s). Consulting party acceptance of treatment measures will be documented through written concurrence. Unless a consulting party or the ACHP objects within 15 fifteen (15) days of receipt of FEMA’s proposal, FEMA shall proceed with the use implementation of the Treatment Measure(s) and will conclude the Section 106 review. Implementation of treatment measures will become a condition of federal funding. ii. If any of the consulting parties or the ACHP ACHP, if participating, objects within the 15 fifteen (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) MOA or Stipulation II.C.6.(c), Programmatic Agreement. iii. Because funding and implementation details of Treatment Measures for specific Undertakings may vary by program, FEMA shall provide written notice to the consulting parties within sixty (60) days of the completion of the Treatment Measure(s). This written notice will serve as confirmation that the Treatment Measure(s) for a specific Undertaking have been implemented. FEMA also shall include information pertaining to the completion of Treatment Measures in the annual report pursuant to Stipulation I.B.1(d), FEMA Roles and Responsibilities. --DRAFT--.

Abbreviated Consultation Process. After taking into consideration the nature of the historic properties affected and the severity 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 or participating Tribesand other consulting parties. The use of these Treatment Measures shall may not require the execution of a Memorandum of Agreement (MOA) or Programmatic Agreement. i. In consultation with the SHPO, participating Tribe(sorganization(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), as well as provide the ACHP with an adverse effect notice in accordance with 36 CFR § 800.6(a)(1) and FEMA’s intent to apply the Treatment Measure(s). Unless a consulting party or the ACHP objects within 15 fifteen (15) days of receipt of FEMA’s proposal, FEMA shall proceed with the use of the Treatment Measure(s) and will conclude the Section 106 review. ii. If any of the consulting parties or the ACHP objects within the 15 fifteen (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(bII.D.6.(b), Memorandum of Agreement (MOA) MOA or Stipulation II.C.6.(cII.D.6.(c), Programmatic Agreement. iii. Because funding and implementation details of Treatment Measures for specific Undertakings may vary by program, FEMA shall provide written notice to the consulting parties within sixty (60) days of the completion of the Treatment Measure(s). This written notice will serve as confirmation that the Treatment Measure(s) for a specific Undertaking have been implemented. FEMA also shall include information pertaining to the completion of Treatment Measures in the annual report pursuant to Stipulation I.B.1(dI.B.1.(d), FEMA Roles and Responsibilities. --DRAFT--.

Abbreviated Consultation Process. After taking into consideration the nature significance of the historic properties affected and property affected, the severity of the adverse effect(s) and avoidance or 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 or SHPO, OHA, participating TribesNative Hawaiian organization(s), and other consulting parties. The use of these Treatment Measures shall not require the execution of a Memorandum of Agreement (MOA) or Programmatic Agreement. i. In consultation with the SHPO, OHA, participating Tribe(sNative Hawaiian organization(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), as well as provide the ACHP with an adverse effect notice in accordance with 36 CFR § 800.6(a)(1) and FEMA’s intent to apply the Treatment Measure(s). Unless a consulting party or the ACHP objects within 15 fifteen (15) days of receipt of FEMA’s proposal, FEMA shall proceed with the use implementation of the Treatment Measure(s) and will conclude the Section 106 review. ii. If any of the consulting parties or the ACHP objects within the 15 fifteen (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)II.C.6.b., Memorandum of Agreement (MOA) MOA or Stipulation II.C.6.(c)II.C.6.c., Programmatic Agreement. iii. Because funding and implementation details of Treatment Measures for specific Undertakings may vary by program, FEMA shall provide written notice to the consulting parties within sixty (60) days of the completion of the Treatment Measure(s). This written notice will serve as confirmation that the Treatment Measure(s) for a specific Undertaking have been implemented. FEMA also shall include information pertaining to the completion of Treatment Measures in the annual report pursuant to Stipulation I.B.1(d)I.B.1.d., FEMA Roles and Responsibilities. --DRAFT--.