Common use of Avoidance and Minimization of Adverse Effects Clause in Contracts

Avoidance and Minimization of Adverse Effects. If USACE, during its initial review, finds the Undertaking may adversely affect historic properties, USACE may make a further internal review to consider ways to avoid or minimize effects to historic properties. The review will consider revising the elements of the scope of work affecting historic properties to substantially conform to the SOI Preservation Standards or otherwise avoid or minimize adverse effects. i. If USACE modifies the scope of work following its initial internal review to avoid or minimize effects below the “criteria of adverse effect” (36 CFR 800.5 (a)(1), (i.e., to the point USACE can make a finding of No Adverse Effect), USACE shall consult with the SHPO of jurisdiction, appropriate Federally-recognized Tribe(s), and all other Consulting Parties providing the original and modified Scopes of Work as part of its finding of “no adverse effect” following the process in Stipulation VII.C.6.a. ii. If USACE is unable to modify the Undertaking to avoid or minimize effects below the “criteria of adverse effect”, USACE shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation VII.C.7, Resolution of Adverse Effects.

Avoidance and Minimization of Adverse Effects. If USACE, during its initial review, finds any element of the Undertaking may adversely affect historic properties, USACE may make a further internal review to consider ways to avoid or minimize effects to historic properties. The review will consider revising the elements of the scope of work affecting historic properties to substantially conform to the SOI Preservation Standards or otherwise avoid or minimize adverse effects. i. If USACE modifies the scope of work following its initial internal review to avoid or minimize effects below the “criteria of adverse effect” (36 CFR 800.5 (a)(1), (i.e., to the point USACE can make a finding of No Adverse Effect), USACE shall consult with the SHPO of jurisdictionMS SHPO, appropriate Federally-recognized Tribe(s), and all other Consulting Parties consulting parties providing the original and modified Scopes of Work as part of its finding of “no adverse effect” following the process in Stipulation VII.C.6.aVII. ii. If USACE is unable to modify elements of the Undertaking to avoid or minimize effects below the “criteria of adverse effect”, USACE shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation VII.C.7VII., Resolution of Adverse Effects.