Common use of Finding of Adverse Effect Clause in Contracts

Finding of Adverse Effect. a. If the PQI finds that the undertaking will have an adverse effect on historic properties: i. Finding Determinations 1. For Regional Office projects, the Regional PQI will consult with the SEO PQI before making the finding of Adverse Effect on historic properties. The Regional Office PQI will submit documentation to the SHPO and all consulting parties, including notification of the ACHP, using the currently approved Adverse Effect letter templates. 2. For projects where the SEO takes the lead environmental processing role, the SEO PQI will make the finding of Adverse Effect on historic properties. The SEO PQI will submit documentation to the SHPO and all consulting parties including notification of the ACHP, using the currently approved Adverse Effect letter templates. 3. If the SHPO does not comment on determinations and findings contained in a submission within thirty (30) calendar days of receipt, the DOT&PF may assume concurrence and proceed to the next step in the consultation process pursuant to 36 CFR 800.3(c)(4). ii. Resolution of Objections 1. For Regional Office projects, if the SHPO or any consulting party objects within thirty (30) calendar days of receipt of the finding, the Regional Office and SEO PQIs will consult with the consulting parties to resolve the issue. If after consultation the issue remains unresolved, the REM along with the Regional Office and SEO PQIs will refer the dispute to the appropriate Environmental Program Manager. For non-NEPA Assignment Program undertakings, this will be the FHWA Environmental Program Manager. For NEPA Assignment Program undertakings, this will be the Statewide Environmental Program Manager. 2. For projects where the SEO Office takes the lead environmental processing role, the SEO PQI will consult with the consulting parties to resolve the issue before referring the dispute to the appropriate Environmental Program Manager as described above.

Finding of Adverse Effect. a. If the PQI finds that the undertaking will have an adverse effect on historic properties: i. Finding Determinations 1. For Regional Office projects, the Regional PQI will consult with the SEO PQI before making the finding of Adverse Effect on historic properties. The Regional Office PQI will submit documentation to the SHPO and all consulting parties, including notification of the ACHP, using the currently approved Adverse Effect letter templates. 2. For projects where the SEO takes the lead environmental processing role, the SEO PQI will make the finding of Adverse Effect on historic properties. The SEO PQI will submit documentation to the SHPO and all consulting parties including notification of the ACHP, using the currently approved Adverse Effect letter templates. 3. If the SHPO does not comment on determinations and findings contained in a submission within thirty (30) calendar days of receipt, the DOT&PF may assume concurrence and proceed to the next step in the consultation process pursuant to 36 CFR 800.3(c)(4). ii. Resolution of Objections 1. For Regional Office projects, if the SHPO or any consulting party objects within thirty (30) calendar days of receipt of the finding, the Regional Office and SEO PQIs will consult with the consulting parties to resolve the issue. If after consultation the issue remains unresolved, the REM along with the Regional Office and SEO PQIs will refer the dispute to the appropriate Environmental Program Manager. For non-NEPA Assignment non-6004 Program undertakings, this will be the FHWA Environmental Program Manager. For NEPA Assignment 6004 Program undertakings, this will be the Statewide Environmental Program Manager. 2. For projects where the SEO Office takes the lead environmental processing role, the SEO PQI will consult with the consulting parties to resolve the issue before referring the dispute to the appropriate Environmental Program Manager as described above.