Common use of Area of Potential Effects Clause in Contracts

Area of Potential Effects. A. The BLM in consultation with SHPO and the Consulting Parties has determined and documented the area of potential effects (APE) for the Undertaking, in accordance with 36 CFR 800.16 (d). The APE for the Undertaking is shown on Attachments 1 and 2 to this Agreement. The APE is influenced by the scale and nature of the Undertaking and is based on potential direct, indirect, and cumulative effects associated with route designation under 43 CFR 8342, routine maintenance, restoration and rehabilitation activities and classification of “C” Routes. The APE, as currently defined, encompasses an area sufficient to accommodate all of the proposed alternatives of the WMRNP and account for the direct and indirect effects of the 2006 WEMO Plan. The BLM utilized current cultural resource information in the development of the proposed alternatives for the WMRNP, based on the results of a review and update to the BLM cultural resource GIS records. The APE is determined as follows: i. The direct APE for Routes proposed for designations will be 50 feet beyond any existing or allowable ground disturbance associated with the route. Designated off- route parking or camping areas will be within the direct APE. ii. The indirect APE will vary based on the presence of cultural resources identified during previous record searches; topography; visibility of historic properties from a Route; the vulnerability of historic properties to atmospheric, visual or auditory effects and looting; the extent of Traditional Cultural Places (TCPs) or districts; or other factors identified during on-going consultation with the Consulting Parties. iii. The indirect APE extends to the visual horizon, not to exceed one mile on either side of the direct APE of a Route, unless otherwise identified by a Consulting Party in consultation or as identified through additional analysis. iv. Where the indirect APE includes TCPs, properties of religious and cultural significance, and other classes of historic properties to which setting, feeling, and/or association contribute to eligibility, additional analysis may be required and the indirect APE may be modified according to Stipulation I.C below. B. In some cases, historic properties and properties of religious and cultural significance may extend well beyond the narrow APE of the Route. Such properties will be identified through consultation with the Consulting Parties with applicable knowledge. C. The BLM may modify the APE, in consultation with the Consulting Parties, without amending the Agreement. If it is determined, in the future, that the Undertaking may directly or indirectly affect historic properties located outside the currently defined APE, the BLM, in consultation with the Consulting Parties, shall modify the APE using the following process: i. Any Consulting Party may propose that the APE established herein be modified. The BLM shall notify all Consulting Parties of the proposal to modify the APE, including a map and description of the proposed modification. The BLM will consult for no more than 30 days in an effort to reach consensus on the proposed modification. The BLM will keep copies of the description and the map on file for its administrative record and report the modification of the APE as part of the annual reporting requirements of Stipulation IV.E and during regularly scheduled Consulting Party meetings. ii. If the modification to the APE adds a new geographic area, the BLM will identify historic properties in the new APE area, assess the effects of the Undertaking on any historic properties in the new APE area, and consult to seek resolution of adverse effects to such properties in accordance with the process outlined in Stipulation IV of this Agreement. iii. If the Consulting Parties cannot agree to a proposed modification of the APE, then the BLM will consider the concerns and will render a final decision.

Area of Potential Effects. A. The BLM Undertaking’s APE is depicted in consultation with SHPO and the Consulting Parties has determined and documented the area of potential effects (APE) for the Undertaking, in accordance with 36 CFR 800.16 (d). The APE for the Undertaking is shown on Attachments Attachment 1 and 2 to this Agreement. The APE is influenced by the scale and nature of the Undertaking and is based on potential direct, indirect, and cumulative effects associated with route designation under 43 CFR 8342, routine maintenance, restoration and rehabilitation activities and classification of “C” Routes. The APE, defined as currently defined, encompasses an those lands that are incorporated into the area sufficient to accommodate all within the boundaries of the proposed alternatives of Master Special Use Permit and Power Line Replacement Projects (specific details regarding the WMRNP and account for the direct and indirect effects of the 2006 WEMO Plan. The BLM utilized current cultural resource information APE map included in the development of the proposed alternatives for the WMRNP, based on the results of a review and update to the BLM cultural resource GIS records. The APE is determined as follows: i. The direct APE for Routes proposed for designations will be 50 feet beyond any existing or allowable ground disturbance associated with the route. Designated off- route parking or camping areas will be within the direct APE. ii. The indirect APE will vary based on the presence of cultural resources identified during previous record searches; topography; visibility of historic properties from a Route; the vulnerability of historic properties to atmospheric, visual or auditory effects and looting; the extent of Traditional Cultural Places (TCPs) or districts; or other factors identified during on-going consultation with the Consulting Parties. iii. The indirect APE extends to the visual horizon, not to exceed one mile on either side of the direct APE of a Route, unless otherwise identified by a Consulting Party in consultation or as identified through additional analysis. iv. Where the indirect APE includes TCPs, properties of religious and cultural significance, and other classes of historic properties to which setting, feeling, and/or association contribute to eligibility, additional analysis may be required and the indirect APE may be modified according to Stipulation I.C belowHPMP). B. In some cases, The APE shall also include the entire area of spatially discrete historic properties (e.g., archaeological sites), if any part of such a property extends into the boundary of the Master Special Use Permit and properties Power Line Replacement Projects; except that management of religious linear cultural resources (e.g., NRHP-eligible roads and cultural significance may extend well trails) shall not cause the APE to be extended beyond the narrow APE boundaries of the Route. Such properties will be identified through consultation with the Consulting Parties with applicable knowledgeMaster Special Use Permit and Power Line Replacement Projects. C. The BLM APE shall also include contributing elements of NRHP-eligible historic districts that are within the boundary of the Master Special Use Permit and Power Line Replacement Projects. D. The Forest may modify the APE, in consultation with the Consulting Partiesother Signatories, without amending the Agreement. If it is determined, in the future, that the Undertaking undertaking may directly or indirectly affect historic properties located outside the currently defined APE, the BLMForest, in consultation with the Consulting Partiesother Signatories, shall modify the APE using the following process: i. Any Consulting Party Signatory may propose that the APE established herein be modified. The BLM Forest shall notify all Consulting Parties Signatories of the proposal to modify the APE, including a map APE and description of the proposed modification. The BLM will consult for no more than 30 days in an effort to reach consensus agreement on the proposed modification. ii. If Signatories agree to the proposal, then the Forest will prepare a description and a map of the modification to which the Signatories agree. The BLM Forest will keep copies of the description and the map on file for its administrative record and report the modification of the APE as part of the annual reporting requirements of Annual Report (Stipulation IV.E and during regularly scheduled Consulting Party meetings5). iiiii. If the modification to the APE adds a new geographic areaarea which falls within an area of expected high sensitivity for cultural resources, the BLM will Forest shall identify historic properties in the new APE area, assess the effects of the Undertaking on any historic properties in the new APE areaAPE, and consult to seek resolution of resolve adverse effects to such properties in accordance with the process outlined in Stipulation IV 4 of this Agreement. iiiiv. If the Consulting Parties Forest and other Signatories cannot agree to a proposed proposal for the modification of the APEAPE through consultation, then they will resolve the BLM will consider the concerns and will render a final decisiondispute in accordance with Stipulation 11.

Area of Potential Effects. A. The BLM APE is depicted in consultation with SHPO and the Consulting Parties has determined and documented the area of potential effects (APE) for the Undertaking, in accordance with 36 CFR 800.16 (d). The APE for the Undertaking is shown on Attachments 1 and 2 Appendix B to this Agreement. The APE is influenced by the scale and nature of the Undertaking and is based on potential direct, indirect, and cumulative effects associated with route designation under 43 CFR 8342, routine maintenance, restoration and rehabilitation activities and classification of “C” Routes. The APE, as currently defined, encompasses an area sufficient to accommodate all of the proposed alternatives and alternative Project components under consideration as of the WMRNP and account for the direct and indirect effects date of the 2006 WEMO Plan. The BLM utilized current cultural resource information in the development execution of the proposed alternatives for the WMRNP, based on the results of a review and update to the BLM cultural resource GIS recordsthis Agreement. The APE is determined includes all areas where potential physical effects may occur, as follows: i. The direct APE for Routes proposed for designations will be 50 feet beyond any existing or allowable ground disturbance associated with the route. Designated off- route parking or camping areas will be within the direct APE. ii. The indirect APE will vary based on the presence of cultural resources identified during previous record searches; topography; visibility of historic properties from a Route; the vulnerability of historic properties to atmosphericwell as visual, visual or auditory effects and looting; the extent of Traditional Cultural Places (TCPs) or districts; or other factors identified during on-going consultation with the Consulting Parties. iii. The indirect APE extends to the visual horizon, not to exceed one mile on either side of the direct APE of a Route, unless otherwise identified by a Consulting Party in consultation or as identified through additional analysis. iv. Where the indirect APE includes TCPs, properties of religious and cultural significanceauditory, and other classes atmospheric effects, and cumulative effects. If BLM selects a Project alternative for implementation, the APE shall be defined to exclusively encompass the area of historic properties to which setting, feeling, and/or association contribute to eligibility, additional analysis may be required and the indirect APE may be modified according to Stipulation I.C below. B. In some cases, historic properties and properties of religious and cultural significance may extend well beyond the narrow APE of the Route. Such properties will be identified through consultation with the Consulting Parties with applicable knowledge. C. The BLM may modify the APE, in consultation with the Consulting Parties, without amending the Agreementthat selected alternative. If it is determined, determined in the future, future that the Undertaking undertaking may directly or indirectly affect historic properties located outside the currently defined APE, then the BLM, in consultation with the Consulting PartiesSHPO and pursuant to 36 CFR Part 800.4(a)(1), shall modify determine and document modifications to the APE using the following process: i. Any 1. Consulting Party Parties to this Agreement may propose that the APE established herein be modified. The Signatories and Invited Signatory will consult to determine that such modification is warranted, and whether that modification requires the Agreement to be amended. For small-scale changes to the APE made as a result of ongoing construction, the BLM shall notify all will modify the APE in Appendix B as agreed by the Signatories and Invited Signatory, but an amendment to the Agreement may not be required. If a Signatory or Invited Signatory determines that an amendment to the Agreement is required, the Consulting Parties will proceed in accordance with Stipulation VIII below. 2. If the Signatories and Invited Signatory agree to the proposal, then the BLM will prepare a description and a map of the proposal to modify the APE, including a map and description of the proposed modification. The BLM will consult for no more than 30 days in an effort to reach consensus on the proposed modification. The BLM will keep copies of the description and the map on file for its administrative record and report distribute copies of each to the modification other Consulting Parties within thirty (30) calendar days of the APE as part of the annual reporting requirements of Stipulation IV.E and during regularly scheduled Consulting Party meetingsday upon which agreement was reached. ii3. If the Where modification to the APE adds a new geographic area, the BLM will identify shall take the steps necessary to identify, evaluate, and take into account the effects of the undertaking on historic properties in the new APE area, assess the effects of the Undertaking on any historic properties in the new APE area, and consult to seek resolution of adverse effects to such properties geographic area in accordance with the process outlined in Stipulation IV of this Agreement. iii4. If the Consulting Parties Signatories and Invited Signatory cannot agree to a proposed proposal for the modification of the APE, then they will resolve the BLM will consider the concerns and will render a final decisiondispute in accordance with Stipulation IX.