DETERMINATION OF EFFECTS Sample Clauses

DETERMINATION OF EFFECTS. 1. If additional historic properties are identified within the APE for the Undertaking, the Marine Corps will seek to avoid effects on those properties. Historic properties that can be avoided will be managed by the appropriate landowner in compliance with NHPA Section 110 and the relevant installation Integrated Cultural Resources Management Plan (ICRMP).
Sample 1
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DETERMINATION OF EFFECTS. Avoidance of adverse effects to Historic Properties shall be considered the preferred treatment approach. The Corps will consider redesign of the Project in order to avoid Historic Properties and Project effects that may be adverse. However, it may not be possible to redesign the Project in order to avoid adverse effects to all Historic Properties. The Corps will apply the criteria of adverse effect pursuant to 36 CFR § 800.5(a)(1) to all Historic Properties within the APE that will be affected by the Project. Determinations of effect will be made in consultation with the SHPO. The SHPO shall have 30 days from receipt to comment in writing on the determination of effects. If the SHPO does not respond within 30 days of receipt of a request for review of a determination of effects document, the Corps may either proceed to the next step in the process based on their determination of effects or consult with the Council in lieu of the SHPO. If the Corps determines that no Historic Properties are affected or determines there is no adverse effect to Historic Properties in accordance with 36 C.F.R. §§ 800.4(d)(1) or 800.5(b), and there are no written objections from the SHPO, the Corps will document the determination and their obligations under the NHPA for this phase of the Project will be complete. If affects to Historic Properties are determined to be adverse, Stipulation VIII (Historic Properties Management Plan), below, will be followed.
Sample 1
DETERMINATION OF EFFECTS. FERC's (or its designated non-federal representative’s) determination of effects to a federally listed species as a result of the proposed activity will be based on the use of the IPaC Tool and criteria below. Further coordination will be conducted with the Service as indicated herein. The FERC signatory will retain discretionary authority to 1) make “No Effect” determinations when appropriate, documenting the basis for the finding(s) according to internal administrative procedures, and/or 2) submit a request to the Service to initiate consultation, according to Standard Section 7 procedures, when it is believed the project effect and consequences to listed species/critical habitat have not been adequately evaluated through the IPaC tool.
Sample 1
DETERMINATION OF EFFECTS. Avoidance of adverse effects to Historic Properties is the preferred treatment approach. The Corps will consider redesign of Project elements in order to avoid Historic Properties and Project effects that may be adverse. However, it may not be possible to redesign the Project in order to avoid adverse effects to Historic Properties. The Corps will apply the criteria of adverse effect, pursuant to 36 C.F.R. § 800.5(a)(1), to Historic Properties within the APE. The Corps shall submit the finding of effect in accordance with Stipulation I (Timeframes and Review Procedures). If effects to Historic Properties are determined to be adverse, Stipulation V (Historic Properties Treatment Plan), below, will be followed.
Sample 1
DETERMINATION OF EFFECTS. Avoidance of adverse effects to Historic Properties is the preferred treatment approach. WSAFCA will consider redesign of Project elements in order to avoid Historic Properties and Project effects that may be adverse. However, it may not be possible to redesign the Project in order to avoid adverse effects to Historic Properties. The Corps will apply the criteria of adverse effect, pursuant to 36 C.F.R. § 800.5(a)(1), to all Historic Properties within the APE that will be affected by the Project. WSAFCA shall prepare determinations of effects which will then be submitted to the Corps for review. The Corps shall then consult on determinations of effects in accordance with Stipulation II (Timeframes and Review Procedures). If effects to Historic Properties are determined to be adverse, Stipulation IV.B. (Historic Property Treatment Plans), above, will be followed.
Sample 1

Related to DETERMINATION OF EFFECTS

  • Determination of Agreement 29. (1) In any of the following events namely if —

  • Determination of Eligibility The Plan Administrator shall determine the eligibility of each Employee for participation in the Plan based upon information provided by the Employer. Such determination shall be conclusive and binding on all individuals except as otherwise provided herein or by operation of law.

  • Mitigation of Harmful Effects To mitigate, to the extent practicable, any harmful effect 8 that is known to CONTRACTOR of a use or disclosure of DHCS PI or PII by CONTRACTOR or its 9 subcontractors in violation of this Personal Information Privacy and Security Contract.

  • Effect of cessation or determination of Agreement 35. (1) On the cessation or determination of this Agreement —

  • DETERMINATION OF BREACH AND TERMINATION OF AGREEMENT A. Prior to making a determination that the Applicant has failed to comply in any material respect with the terms of this Agreement or to meet any material obligation under this Agreement, the District shall provide the Applicant with a written notice of the facts which it believes have caused the breach of this Agreement, and if cure is possible, the cure proposed by the District. After receipt of the notice, the Applicant shall be given ninety (90) days to present any facts or arguments to the Board of Trustees showing that it is not in breach of its obligations under this Agreement, or that it has cured or undertaken to cure any such breach.

  • Calculation of Service 25.7 For purposes of calculating continuous service and active service, a year shall be deemed to consist of two hundred and sixty-one (261) working days.

  • DETERMINATION OF HUB PARTICIPATION A firm must be an eligible HUB and perform a professional or technical function relating to the project. Proof of payment, such as copies of canceled checks, properly identifying the Department’s contract number or project number may be required to substantiate the payment, as deemed necessary by the Department. A HUB subprovider, with prior written approval from the Department, may subcontract 70% of a contract as long as the DocuSign Envelope ID: 1FDB1C48-24B1-4C40-8A33-17263E465FE2 HUB subprovider performs a commercially useful function. All subcontracts shall include the provisions required in the subcontract and shall be approved as to form, in writing, by the Department prior to work being performed under the subcontract. A HUB performs a commercially useful function when it is responsible for a distinct element of the work of a contract; and actually manages, supervises, and controls the materials, equipment, employees, and all other business obligations attendant to the satisfactory completion of contracted work. If the subcontractor uses an employee leasing firm for the purpose of providing salary and benefit administration, the employees must in all other respects be supervised and perform on the job as if they were employees of the subcontractor.

  • Determination of Fair Market Value For purposes of this Section 10.2, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

  • Determination of Clearing Price The Selling Shareholder and the Placement Agents shall have determined, in writing, the clearing price for the Securities in the Auction.

  • Certification of eligibility a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Xxxxx-Xxxxx Act or 29 CFR 5.12(a)(1).

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