Assessment of Effects. In preparing the Submission Packet for the SHPO/THPO and consulting parties pur- suant to Section VII of this Nationwide Agreement and Attachments 3 and 4, the Ap- plicant shall:
Assessment of Effects. If archaeological sites meeting the criteria for listing in the NRHP are identified as a result of the activities described in Stipulation II.A, above, VDOT shall assess the effects of the Project on these archaeological sites in a manner consistent with 36 C.F.R. 800.5, and submit its recommendations to the SHPO for its review and concurrence, and to the Consulting Parties for review and comment, pursuant to the requirements of Stipulation VI.B, below.
Assessment of Effects. The Caltrans District shall assess whether a project or activity may adversely affect a state-owned historical resource by using the list of adverse effects defined in Stipulation IV.D, will propose findings pursuant to Stipulations X.A, X.B, and X.C. The Caltrans District shall take into account the views provided by any Indian Tribe and other interested parties or the public.
Assessment of Effects. A. Application of Criteria Caltrans shall apply the Criteria of Adverse Effect set forth in 36 CFR 800.5(a)(1) to findings made pursuant to Stipulation IX.B, taking into account views provided by consulting parties or the public. When Indian tribes attach religious or cultural significance to identified historic properties, Caltrans shall apply the criteria in consultation with those tribes, unless the tribes request direct government-to- government consultation with FHWA pursuant to Stipulation IV.A.
B. Finding of No Adverse Effect Caltrans may propose a finding of No Adverse Effect if none of the undertaking’s anticipated effects meet the Criteria of Adverse Effect under 36 CFR 800.5(a)(1), or if Caltrans imposes conditions that will avoid all adverse effects to historic properties.
Assessment of Effects. Once historic properties have been identified within a project APE, whether as a result of new or of previous survey, the next step is to assess whether or not the project will have an effect on these projects. Assessment of effects can follow one of the paths described below. The first is for HPT Staff to make a finding of No Historic Properties Affected. The second is a finding of No Adverse Effect with Standard Conditions, following Attachment 5 of the PA. Where the standard conditions in Attachment 5 do not apply, the HPT Staff makes a finding of No Adverse Effect. The third path is for an HPT Staff to make a finding of Adverse Effect. Each of these paths is discussed in more detail below.
Assessment of Effects. The BLM will, in consultation with the Consulting Parties, make findings of effect consistent with 36 CFR 800.4(d) and identify any adverse effects to historic properties within the APE in accordance with the criteria established at 36 CFR 800.5(a)(1) and (2)(i)-(vii).
i. The BLM will provide to Consulting Parties the results of the findings, with confidential or sensitive information redacted pursuant to Stipulation IX.A below, concurrently with the distribution of inventory results and determinations of eligibility for a single 30-day review and comment period.
ii. The BLM will concurrently request SHPO review and concurrence on the agency proposed findings of effect. The BLM will follow the timelines for SHPO review of comments as described in Stipulation IV. B(v)(c) above.
iii. If the BLM determines the effect may be adverse, the BLM will make a reasonable and good faith effort to avoid or minimize adverse effects to the most reasonable and fitting extent. Avoidance of historic properties is the preferred method to address potential adverse effects and the BLM will seek avoidance to the maximum extent practicable.
iv. The BLM will consider the views of Consulting Parties in the resolution of adverse effects. If adverse effects cannot be avoided, the BLM, in consultation, will develop an HPTP in accordance with Stipulation IV.A(vii) above. These determinations will serve as the basis for the development of specific HPTPs, if Standard Protective Measures developed as part of the HPMP are not sufficient.
Assessment of Effects a) As part of its consideration of the effects of construction and operations on the landscape, the NRC conducted a line-of-sight analysis to assess the potential for adverse visual effects on all known historic properties located within three miles of the tallest buildings on both the Xxxxx and Burdock facilities.
b) The NRC and BLM consulted with SD SHPO and consulting Tribes in making its determination that eligible or unevaluated archaeological sites and properties of religious and cultural significance will be adversely affected by the undertaking. The effects determination is presented in Appendix B Table 1:0.
c) The NRC and BLM will consult with all consulting parties to develop proposals to resolve these adverse effects (as summarized in Appendix B Table 2:0) in accordance with the process set forth in Stipulation 5—Resolution of Adverse Effects.
Assessment of Effects a) Reference: 36 CFR 800.4(d) and for AE 36 CFR 800.5(a)(1) and (2)i-vii
b) Standards for effects assessment: direct, indirect, cumulative
Assessment of Effects. 1. BLM, in consultation with the SHPO and any Identified Indian Tribe that attaches religious and cultural significance to the identified historic property(ies), shall apply the criteria of adverse effect to historic properties within the Project APEs in accordance with the terms of 36 C.F.R. § 800.5. BLM shall consider any views concerning such effects that have been provided by consulting parties and the public.
2. Because alternatives under consideration in this review consist of corridors and large land areas, and because access to some potentially affected properties may be restricted, BLM may use a phased process in applying the criteria of adverse effect, consistent with phased identification and evaluation efforts provided in Stipulations E.14 and 15, above.
Assessment of Effects. A. Application of Criteria The Caltrans District shall apply the Criteria of Adverse Effect set forth in 36 CFR § 800.5(a)(1) to findings made pursuant to Stipulation IX.B, taking into account views provided by any Indian tribe and other consulting parties or the public. When any Indian tribe attaches religious or cultural significance to identified historic properties, the Caltrans District shall apply the criteria in consultation with those Indian tribes. Nothing in this stipulation shall override or supersede any federally recognized Indian tribe’s ability to request government-to-government consultation with FHWA or the applicable Corps district, as described in Stipulation IV.
1. When the Caltrans District finds that an NHL may be affected by an undertaking, Caltrans shall notify NPS of the potential for effect and invite NPS to participate in the consultation, as described in Stipulation V.A.1.
