Common use of Determinations of Adverse Effect Clause in Contracts

Determinations of Adverse Effect. 1. If the Applicant determines at any stage in the process that an Undertaking would have an adverse effect on Historic Properties within the APE(s), or if the Commission so finds, the Applicant shall submit to the SHPO/THPO a plan designed to avoid, mini- xxxx, or mitigate the adverse effect. 2. The Applicant shall forward a copy of its submission with its mitigation plan and the entire record to the Council and the Commis- sion. Within fifteen days following receipt of the Applicant’s submission, the Council shall indicate whether it intends to participate in the negotiation of a Memorandum of Agree- ment by notifying both the Applicant and the Commission. 3. Where the Undertaking would have an adverse effect on a National Historic Land- mark, the Commission shall request the Council to participate in consultation and shall invite participation by the Secretary of the Interior. 4. The Applicant, SHPO/THPO, and con- sulting parties shall negotiate a Memo- randum of Agreement that shall be sent to the Commission for review and execution. 5. If the parties are unable to agree upon mitigation measures, they shall submit the matter to the Commission, which shall co- ordinate additional actions in accordance with the Council’s rules, including 36 CFR 800.6(b)(1)(v) and 800.7.