Application of the Criteria of Adverse Effect Sample Clauses

Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including those of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 CFR § 800.5(a).
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Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may 647 affect historic properties in the APE, including properties of religious or cultural 648 significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to 649 historic properties within the APE(s), taking into account the views of the consulting 650 parties and public concerning effects in accordance with 36 CFR § 800.5(a). 651 652 a. 653 654 655 656 657 658 659 660 661 662 663 If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b).
Sample 1
Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may 509 affect identified historic properties in the APE, including properties of religious and/or 510 cultural significance to Tribes, or if a consulting party objects to the finding of “no 511 historic properties affected,” FEMA will apply the criteria of adverse effect to historic 512 properties within the APE(s), taking into account the views of the consulting parties 513 and public concerning effects in accordance with 36 CFR § 800.5(a). 514 515 a. If FEMA determines that an Undertaking does not meet the adverse effect criteria 516 for a historic property, or that the Undertaking meets the Standards, FEMA shall 517 propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). 518 519 b. FEMA shall notify the SHPO, affected Tribe(s), and all other consulting parties of 520 its finding and provide supporting documentation pursuant to 36 CFR §800.11(e) 521 and other applicable documentation standards. Unless a consulting party objects 522 within the appropriate timeframe, FEMA will proceed with its “no adverse effect” 523 determination and complete the Section 106 review. 524 525 c. If FEMA finds the Undertaking may have an adverse effect, FEMA shall request 526 through the Grantee that the subgrantee revise the scope of work to substantially 527 conform to the Standards for structures, or avoid or minimize adverse effects for 528 archaeological properties, in consultation with the SHPO, affected Tribe(s), and 529 any other consulting parties. If the subgrantee modifies the scope of work to 530 address the adverse effect, FEMA shall notify the consulting parties, and provide 531 supporting documentation. Unless a consulting party makes a timely objection, 532 FEMA shall proceed with its “no adverse effect” determination and complete the 533 Section 106 review. 534 535 d. If a consulting party objects to a finding of “no adverse effect,” FEMA may 536 consult with the objecting party to resolve the disagreement. If the objection is 537 resolved, FEMA may proceed with the undertaking in accordance with the 538 resolution, and following appropriate notification to other consulting parties. If the 539 objection can not be resolved, FEMA may forward its findings and supporting 540 documentation to the ACHP and request that the ACHP review the findings in 541 accordance with 36 CFR. § 800.5(c)(3)(i-ii). FEMA will consider the ACHP’s 542 recommendation in making its final determination. 543
Sample 1
Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may 656 affect historic properties in the APE, including those of religious or cultural 657 significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to 658 historic properties within the APE(s), taking into account the views of the consulting 659 parties and the public concerning effects in accordance with 36 CFR § 800.5(a). 660 661 a. If FEMA determines that an Undertaking does not meet the adverse effect criteria, 662 FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 663 800.5(b). 665 i. FEMA shall notify the SHPO, participating Tribe(s) and all other consulting 666 parties of its finding and provide supporting documentation pursuant to 36 667 CFR §800.11(e). 668 669 ii. Unless a consulting party objects within the applicable timeframe outlined in 670 Stipulation I.E, Timeframes and Communications, FEMA will proceed with its 671 “no adverse effect” determination and conclude the Section 106 review. 672 673 iii. If a consulting party objects to a finding of “no adverse effect,” FEMA will 674 consult with the objecting party to resolve the disagreement. 675
Sample 1
Application of the Criteria of Adverse Effect. If FEMA finds an Undertaking may affect historic properties in the APE, including properties of religious or cultural significance to affected Tribe(s), FEMA shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and public concerning effects in accordance with 36 CFR § 800.5(a). If FEMA determines that an Undertaking does not meet the adverse effect criteria, FEMA shall propose a finding of “no adverse effect” in accordance with 36 CFR § 800.5(b). FEMA shall notify the SHPO, participating Tribe(s), and all other consulting parties of its finding and provide supporting documentation pursuant to 36 CFR §800.11(e). Unless a consulting party objects within the applicable timeframe outlined in Stipulation I.E, Timeframes and Communications, FEMA will proceed with its “no adverse effect” determination and complete the Section 106 review. If a consulting party objects to a finding of “no adverse effect,” FEMA will consult with the objecting party to resolve the disagreement. If the objection is resolved, FEMA shall proceed with the Undertaking in accordance with the resolution, or;
Sample 1
Application of the Criteria of Adverse Effect. If NCORR finds an Undertaking may affect historic properties in the APE, including those of religious and cultural significance to Tribe(s), NCORR shall apply the criteria of adverse effect to historic properties within the APE(s), taking into account the views of the consulting parties and the public concerning effects in accordance with 36 C.F.R. § 800.5(a).
Sample 1

Related to Application of the Criteria of Adverse Effect

  • Resolution of Adverse Effects If FEMA determines that an Undertaking may adversely affect a historic property, it shall resolve the effects of the Undertaking in consultation with the SHPO, Recipient, subrecipient, participating Tribe(s), the ACHP, if participating, and other consulting parties, by one of the following methods depending upon the severity of the adverse effect(s) as well as determination of the historic property’s significance on a local, state or national level. When FEMA determines an Undertaking will adversely affect an NHL, FEMA shall notify and invite the Secretary and ACHP to participate in consultation in accordance with 36 CFR § 800.10. When the ACHP participates in consultation related to an NHL, the ACHP shall report the outcome of the consultation to the Secretary and the FEMA Administrator.

  • Emergency Action on Imports of Particular Products Where any product is being imported in such increased quantities and under such conditions as to cause, or threaten to cause:

  • Application of Funding Techniques to Programs 6.3.1 The State shall apply the following funding techniques when requesting Federal funds for the component cash flows of the programs listed in sections 4.2 and 4.3 of this Agreement.

  • Duration of processing and erasure or return of data Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the controller and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).

  • Effect of Finding U.S. Indicia a) If none of the U.S. indicia listed in subparagraph B(1) of this section are discovered in the enhanced review of High Value Accounts described above, and the account is not identified as held by a Specified U.S. Person in subparagraph D(4) of this section, then no further action is required until there is a change in circumstances that results in one or more U.S. indicia being associated with the account.

  • Demographic, Classification and Wage Information XXXXXX agrees to coordinate the accumulation and distribution of demographic, classification and wage data, as specified in the Letter of Understanding dated December 14, 2011, to CUPE on behalf of Boards of Education. The data currently housed in the Employment Data and Analysis Systems (EDAS) will be the source of the requested information.

  • Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility.

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