FINDINGS OF EFFECT. A. Finding of No Historic Properties Affected, Pursuant to 36 CFR 800.4(d)(1)
1. Where Caltrans has consulted with Indian tribes or other consulting parties concerning historic properties, Caltrans shall consult with those Indian tribes or other consulting parties on the potential effects of the undertaking. Caltrans shall take their views into account in making its findings.
2. If Caltrans finds either that no historic properties are present, or that historic properties are present but the undertaking will have no effect on them, Caltrans shall document and retain records of that finding in accordance with Stipulation XVI. Caltrans shall notify any consulting parties cited in Stipulation IX.A.1 of the finding and make documentation available to them unless they have indicated that they do not wish to receive such documentation. Following satisfactory completion of the steps prescribed herein, no further review pursuant to this Agreement is required.
FINDINGS OF EFFECT. If historic properties are identified within the project APE that may be affected by the undertaking, the District in consultation with SHPO, Tribes, and consulting parties, will assess adverse effects. Prior to proceeding, the District must notify OEM if a potential adverse effect is identified or anticipated.
FINDINGS OF EFFECT. If the project does not meet the criteria in Appendix B or Appendix C, as described in Stipulation VII, ARDOT shall ensure the following steps are implemented.
FINDINGS OF EFFECT. A. The Agency Official has made a finding of adverse effect for undertakings applicable to this Agreement. Examples include:
1. Application of rehabilitation, restoration, or reconstruction treatments that follow the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
2. Ground-disturbing maintenance or repair work to a cabin that would impact the historic integrity of an adjacent archaeological historic property.
3. Decommissioning of cabins evaluated as Eligible to or Listed on the NRHP.
B. The Heritage Professional may assess a Finding of ‘no historic properties affected’ [36 CFR 800.4(d)(1)] for undertakings where they have determined that there will be no effects to historic properties. Examples include:
1. Maintenance activities proposed for cabins evaluated as Not Eligible to the NRHP.
2. Decommissioning of cabins evaluated as Not Eligible to the NRHP.
C. The Heritage Professional may assess a Finding of ‘no adverse effect’ [36 CFR 800.5(d)(1)] for undertakings where they have determined that there will be no adverse effect to historic properties. For example,
1. Maintenance activities that do not alter the historic fabric of the historic property.
2. Avoidance of a historic property located within or near the APE is required as a mitigation measure.
D. The Heritage Professional will document the finding(s) of effect in the national Heritage program database and using the Cabin Treatment Worksheet located in Appendix D. No additional Memorandum of Agreement (MOA) would be needed to address a finding of ‘adverse effect’. Programmatic mitigations for adverse effects are described below in Stipulation XVII.
FINDINGS OF EFFECT. The CRPM, in consultation with the Cultural Resource SME, will assess the potential effects—including physical, visual, atmospheric, audible, and cumulative effects—of the undertaking on historic properties and any unevaluated properties.
FINDINGS OF EFFECT. 1. Where Caltrans has consulted with Indian tribes or interested parties concerning the NRHP or CHL eligibility of state-owned historical resources, Caltrans shall consult with those Indian tribes or other interested parties on the potential effects of the project or activity. Caltrans shall take their views into account in making its findings.
2. If the Caltrans District finds either that no state-owned historical resources are present, or that state-owned historical resources are present but the project or activity will have no effect on them, the Caltrans District shall document the finding in the HRCR and retain a copy in the District file in accordance with Stipulation XVII. The Caltrans District, as appropriate, shall notify any interested parties cited in Stipulation IX.A.1 of the finding and make documentation available to them unless they have indicated that they do not wish to receive such documentation. Following satisfactory completion of these steps, no further review pursuant to this MOU is required.
B. Finding of State-Owned Historical Resources Affected Pursuant to PRC 5024(f) and PRC 5024.5 If the Caltrans District finds there are state-owned historical resources that will be affected by the project or activity, the Caltrans District shall comply with Stipulation X.
FINDINGS OF EFFECT. In consultation with the appropriate SHPO and any Tribes that attach religious and cultural significance to identified historic properties, the Agency Official shall apply the criteria of adverse effect [36 CFR 8005(a)(1)]. The Agency Official shall consider the views of other CPIU and the public in making findings of effect. Findings of effect shall include:
FINDINGS OF EFFECT. 1. The NRCS shall attempt to avoid adverse effects to historic properties whenever possible; where historic properties are located in the APE, NRCS shall describe how it proposes to modify, buffer, or move the undertaking to avoid adverse effects to historic properties.
2. Where the NRCS proposes a finding of No Historic Properties Affected or No Adverse Effect, the NRCS California shall follow the procedures detailed in Appendix B and Appendix C of this State-based PPA, which have been established in consultation with the California SHPO via this agreement.
3. When the NRCS California has determined that a proposed undertaking will adversely affect historic properties, the NRCS California shall develop measures to minimize or mitigate the adverse effects, and follow the process in 36 CFR Part 800 § 6, including consultation with the SHPO and other consulting parties and notification to the ACHP, to develop a Memorandum of Agreement to resolve the adverse effects.
FINDINGS OF EFFECT. A. Finding of No Historic Properties Affected, Pursuant to 36 CFR 800.4(d)(1)
1. Where Caltrans has consulted with Indian tribes or other consulting parties concerning historic properties, Caltrans shall consult with those Indian tribes or other consulting parties on the potential effects of the undertaking. Caltrans shall take their views into account in making its findings.
2. If Caltrans finds either that no historic properties are present, or that historic properties are present but the undertaking will have no effect on them, Caltrans shall document and retain records of that finding in accordance with Stipulation XVI. Caltrans shall notify any consulting parties cited in Stipulation IX.A.1 of the finding and make documentation available to them unless they have indicated that they do not wish to receive such documentation. Following satisfactory completion of the steps prescribed herein, no further review pursuant to this Agreement is required.
B. Finding of Historic Properties Affected If Caltrans finds there are historic properties that may be affected by the undertaking, Caltrans shall apply the Criteria of Adverse Effect in accordance with Stipulation X.
FINDINGS OF EFFECT.
1. Where Caltrans has consulted with Indian tribes or other consulting parties concerning historic properties, Caltrans shall consult with those Indian tribes or other consulting parties on the potential effects of the undertaking. Caltrans shall take their views into account in making its findings.
2. If the Caltrans District finds either that no historic properties are present, or that historic properties are present but the undertaking will have no effect on them, the Caltrans District shall document and retain records of that finding in accordance with Stipulation XVIII. The Caltrans District shall notify any consulting parties cited in Stipulation IX.A.1 of the finding and make documentation available to them unless they have indicated that they do not wish to receive such documentation. Following satisfactory completion of these steps, no further review pursuant to this Agreement is required.
