ASSESSMENT OF ADVERSE EFFECTS. A. If historic properties are identified within an undertaking, the Authority shall assess adverse effects in accordance with 36 CFR 800.5 and distribute a Findings of Effect report (FOE) to the FRA for review, for each undertaking where historic properties were identified within the APE. The FOE shall describe the assessment of potential adverse effects to historic properties that would result from the construction or operation of the project, and identify mitigation measures that would eliminate or minimize effects to be incorporated into the design and construction documents of the undertaking. Following the FRA review and concurrence, the Authority shall distribute the FOEs to the signatories, and other consulting parties, including Native American tribes, identified as a result of Stipulations IV.C and V.B, who shall have a 30-day review and comment period. The Authority shall ensure that comments are considered prior to finalizing the FOE(s) for submission to the SHPO for final review and concurrence. The SHPO shall have an additional 30 days for review and concurrence with the final FOE(s).
B. FRA will notify and invite the Secretary of the Interior (represented by the National Park Service regional office’s program coordinator) when any project section may adversely affect a National Historic Landmark (NHL) pursuant to 36 CFR 800.10 and Section 110(f) of the NHPA.
C. Consistent with 36 C.F.R. § 800.5(b) and (d)(1), the FRA may determine that there is no adverse effect on historic properties within the APE for an undertaking when the effects of the undertaking would not meet the Criteria of Adverse Effect at 36 CFR 800.5(a)(1), the undertaking is modified to avoid adverse effects, or if conditions agreed upon by SHPO are imposed, such as subsequent review of plans for rehabilitation by the SHPO/THPO to ensure consistency with the Secretary’s Standards for the Treatment of Historic Properties (36 CFR Part 68) and applicable guidelines, to avoid adverse effects. Any conditions would be included in the XXXX or Final EIS (FEIS).
ASSESSMENT OF ADVERSE EFFECTS. A. SHPOs, as well as their sub-grantees or contractors, are expressly prohibited from knowingly using ESHPF funds to cause adverse effects as noted in their individual grant agreements (see Stipulation I), without the prior approval of NPS based on an analysis of alternatives.
B. Under no circumstances can the SHPO use ESHPF funds to mitigate adverse effects related to a previously ESHPF funded undertaking.
C. The NPS will consider expenditures on projects that meet the criteria of adverse effects when no feasible alternative for preservation exists, or there is an imminent threat to the resource.
D. Should an adverse effect be unavoidable, the SHPO and NPS will develop a MOA in accordance with § 800.6, or § 800.10 if the property is a National Historic Landmark.
E. SHPO must provide notice of the adverse effect to NPS and the ACHP with accompanying documentation as required by § 800.11. ACHP will review under Appendix A to Part 800 – Criteria for Council involvement in reviewing individual Section 106 cases.
ASSESSMENT OF ADVERSE EFFECTS. The USACE shall evaluate the effect of the undertaking on each identified historic property in the APE, if present, in accordance with 36 CFR § 800.5(a)(1).
ASSESSMENT OF ADVERSE EFFECTS. A. Archaeological Resources
1. For archaeological sites identified by Stipulation I.D.8 and determined to meet NRHP eligibility criteria, the CRM will apply the criteria of adverse effects (36 CFR 800.5.
a.1) to the identified archaeological site. The results of the application of the criteria of adverse effects will be summarized for review by the NJHPO.
2. NJDEP will ensure that avoidance of adverse effects to any previously identified historic properties is the preferred alternative and will utilize all practicable measures to avoid, minimize or mitigate adverse effects. DRAFT
3. If avoidance of identified archaeological resources is not possible and an adverse effect will result, the NJDEP will follow Stipulation III.A.
4. The CRM, on behalf of NJDEP, will inform the NJHPO of the application of the criteria of adverse effect for the identified archaeological site. NJHPO will be afforded a 15 business day review of the findings to offer comments.
5. If the Undertaking will have an adverse effect on the NRHP eligible archaeological site, the NJDEP, on behalf of NJDCA, and in consultation with the other PA Signatories, shall develop appropriate treatment plans for historic properties adversely affected by the Undertaking. Unless the PA Signatories object within 15 business days of receipt of any plan, NJDCA shall ensure that treatment plans are implemented by NJDEP or its representative(s). NJDEP, on behalf of NJDCA, shall revise Plans to address comment and recommendations provided by the signatories.
B. Above Ground Historic Buildings or Districts
1. Following the review of design specifications in Stipulation I.F, historic properties identified in Exhibit B & C or by Stipulation I.E.4 and determined to meet NRHP eligibility criteria will be evaluated for project adverse effects by applying the criteria of adverse effects (36 CFR 800.5.
a.1) to the identified historic property. The results of the application of the criteria of adverse effects will be summarized for review by the NJHPO.
2. NJDEP will ensure that avoidance of adverse effects to any previously identified historic properties is the preferred alternative and will utilize all practicable measures to avoid, minimize or mitigate adverse effects.
3. If avoidance of identified historic properties is not possible and an adverse effect will result, the NJDEP will follow Stipulation III.B.
4. The CRM on behalf of NJDEP will inform the NJHPO of the application of the criteria of adverse effect for th...
ASSESSMENT OF ADVERSE EFFECTS. A. TBC and FHWA, in coordination with the appropriate federal and state agencies including SHPO, shall make every reasonable effort to avoid or minimize adverse effect to historic properties when developing this Project.
B. TBC will assess effects consistent with 36 CFR 800.5, and submit a draft Findings of Effect report (FOE) to MDOT SHA who will in turn submit it to FHWA for review and approval. The draft FOE will assess the potential adverse effects to historic properties that would result from the Project, and identify avoidance, and minimization, measures that would eliminate or minimize effects and that can be implemented during design and construction of the Project. To support approval of the FOE, FHWA can impose conditions, such as subsequent review of plans for rehabilitation by the relevant SHPO to ensure consistency with the Secretary’s Standards for the Treatment of Historic Properties (36 CFR Part 68) and applicable guidelines, to avoid adverse effects.
C. After review and approval, FHWA will submit the FOE to the Signatories, consulting parties, Tribes, and the public for review and comment. Any comments on the FOE must be made to FHWA in writing within 30 calendar days.
D. Where FHWA proposes a finding of “No Adverse Effect” with conditions, it shall include in its submittal to the SHPO, other signatories and consulting parties those condition that would avoid adverse effects to historic properties. The SHPO, the other signatories, Tribes, and consulting parties shall have thirty (30) calendar days to review the finding and proposed conditions. Any comments on the FOE must be made to FHWA in writing or email.
1. Upon the SHPO’s concurrence and the other Signatories and consulting parties do not disagree with this finding and the proposed conditions, then no further consultation is required for this Project. FHWA will notify all the Signatories and the consulting parties of the SHPO’s concurrence and the conclusion of the Section 106 consultation.
2. In the case if a Signatory or consulting party disagrees with the finding made within the 30-day review period, the FHWA shall notify the Signatories and the consulting parties. FHWA, the Signatories, and the consulting parties shall consult to seek ways to resolve the objection. If the FHWA determines that the objection cannot be resolved, the FHWA shall follow the procedures in the Dispute Resolution clause of this Agreement (Stipulation XIV).
E. Where FHWA cannot avoid adverse effects to hist...
ASSESSMENT OF ADVERSE EFFECTS. This step requires the agency to determine whether the proposed federal undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualifies the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association. This decision must be made in consultation with the SHPO/THPO and other consulting parties. If everyone agrees that there will be not adverse effects on the historic properties, then that is documented and the project proceeds. If a potential adverse effect is identified, the agency official must consult further to resolve the adverse effect under step 4.
ASSESSMENT OF ADVERSE EFFECTS
