Adverse Effect to Historic Properties i. For a specific Program undertaking with a finding of “Adverse Effect to Historic Properties,” the USACE shall provide the Applicable Consulting Parties with the following:
Adverse Effect to Historic Properties. If the consulting party cannot recommend, or cannot agree on, alternatives or modifications to the application or permit conditions that could avoid, minimize, or mitigate adverse effects on historic properties, the consulting party(s) shall notify the Department the application has an adverse effect on historic properties. The Department shall then either deny the permit or continue working toward resolution of adverse effects in accordance with III.B, below.
Adverse Effect to Historic Properties. If the Corps applies the criteria of adverse effect found in 36 CFR 800.5(a) and determines that the project will result in an adverse effect to historic properties, the Corps shall document this finding and notify the SHPO, Indian tribes, consulting parties, and interested public pursuant to 36 CFR 800.6(a). The Corps shall continue to consult with the SHPO, Indian tribes, and consulting parties to develop and evaluate alternatives or modifications that could avoid, minimize, or mitigate adverse effects. The Corps shall submit the inventory documentation to the SHPO and Indian tribes. The Corps shall notify the ACHP and consulting parties of their adverse effect determinations and shall invite their comments and participation. The Corps shall proceed with the resolution of adverse effect procedures in VII.H. If the Corps and the SHPO and/or an Indian tribe(s) cannot agree on any determination of eligibility, the parties will follow regulations in 36 CFR 800.4(c)(2) to resolve the disagreement.
Adverse Effect to Historic Properties. 1. For those activities with a finding of “Adverse Effect to Historic Properties” the FAA shall provide the SHPO, the Tribes, other consulting parties (except the ACHP) with a packet of information including, but not limited to, the following:
Adverse Effect to Historic Properties a) For those undertakings with a finding of “Adverse Effect to Historic Properties” the CRM shall provide the SHPO and Tribes with a packet of information including, but not limited to, the following:
Adverse Effect to Historic Properties. If the Corps applies the criteria of adverse effect found in 36 CFR 800.5(a) and determines that the project will result in an adverse effect to historic properties, the Corps shall document this finding and notify the appropriate SHPO and/or THPO, Tribes, consulting parties, and the interested public pursuant to 36 CFR 800.6(a). The Corps shall continue to consult with the SHPO and/or THPO, Tribes, and consulting parties to develop and evaluate alternatives or modifications that could avoid, minimize or mitigate adverse effects. The Corps shall submit the inventory report and NMCRIS forms or internal evaluation by to the SHPO. The Corps shall notify affected Tribes and consulting parties of their adverse effect determinations and shall invite their comments. The Corps shall proceed with the resolution of Adverse Effect procedures in VI.G.
