Common use of ASSESSMENT OF ADVERSE EFFECTS Clause in Contracts

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. 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 X. XXX 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. If historic properties are identified within an undertakingthe APE for NLX Project, the Authority MnDOT shall assess adverse effects in accordance with 36 CFR § 800.5 and distribute a Findings of Effect report (FOE) document its assessment in the SR, providing it to the FRA for review, for each undertaking where historic properties were identified within the APE. The FOE SR 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 undertakingNLX Project. Following the FRA review and concurrence, the Authority MnDOT shall distribute the FOEs SR 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 MnDOT shall ensure that comments are considered prior to finalizing the FOE(s) SR for submission to the SHPO for final review and concurrence. The SHPO MnSHPO or WisSHPO shall have an additional 30 15 days for review and concurrence with the final FOE(s)SR. B. FRA X. XXX 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. CFR. §§ 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 SHPOMnSHPO/WisSHPO/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 documented by the XXXX or Final EIS (FEIS)written concurrence of the consulting parties. MnDOT will submit all such written concurrence documents to FRA, which is responsible for ensuring compliance with all conditions to avoid adverse effects.

ASSESSMENT OF ADVERSE EFFECTS. A. If historic properties are identified within an undertakingthe APE for the NLX Project, the Authority MnDOT CRU shall assess adverse effects in accordance with 36 CFR 800.5 and distribute a Findings of Effect report (FOE) document its assessment in the SR, providing it to the FRA for review, for each undertaking where historic properties were identified within the APE. The FOE SR 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 undertakingNLX Project. Following the FRA review and concurrence, the Authority MnDOT CRU shall distribute the FOEs SR 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 MnDOT CRU shall ensure that comments are considered prior to finalizing the FOE(s) SR for submission to the SHPO for final review and concurrence. The SHPO MnSHPO or WisSHPO shall have an additional 30 15 days for review and concurrence with the final FOE(s)SR. 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. § CFR 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 SHPOMnSHPO/WisSHPO/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 documented by the XXXX or Final EIS (FEIS)written concurrence of the consulting parties. MnDOT CRU will submit all such written concurrence documents to FRA, which is responsible for ensuring compliance with all conditions to avoid adverse effects.