Findings of No Adverse Effect Sample Clauses

Findings of No Adverse Effect. If, through consultation, USACE determines that an Undertaking does not meet the adverse effect criteria, pursuant to 36 C.F.R. § 800.5(a)(1), USACE shall propose a finding of “no adverse effect” and consult with the SHPO of jurisdiction, appropriate Federally-recognized Tribes(s) and Consulting Parties in accordance with 36 CFR § 800.5(b) and following steps i-iii below, or will move to subparagraph b. i. USACE shall notify all Consulting Parties of its finding; describe any project specific conditions and/or modifications required to avoid or minimize effects to historic properties; and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a Consulting Party objects within thirty (30) days, USACE will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a Consulting Party objects to a finding of “no adverse effect,” USACE will consult with the objecting party to resolve the disagreement. a) If the objection is resolved, USACE shall proceed with the Undertaking in accordance with the resolution; or b) If the objection cannot be resolved, USACE shall request that ACHP review the findings in accordance with 36 CFR § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. USACE shall, pursuant 800.5(c)(3)(ii)(B), prepare a summary of its decision that contains the rationale for the decision and evidence of consideration of the ACHP’s opinion, and provide this to the SHPO of jurisdiction, appropriate Federally- recognized Tribes and all other Consulting Parties. If USACE’s final determination is to reaffirm its “no adverse effect” finding, the Section 106 review of the Undertaking will have concluded. If USACE will revise its finding then it shall proceed to Stipulation VI 6. b., below.
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Findings of No Adverse Effect. If, through consultation, USACE determines that an Undertaking does not meet the adverse effect criteria, pursuant to 36 C.F.R. § 800.5(a)(1), USACE shall propose a finding of “no adverse effect” and consult with the MS SHPO, appropriate Federally-recognized Tribes(s) and Consulting Parties in accordance with 36 CFR § 800.5(b) and following steps i-iii below, or will move to subparagraph b. i. USACE shall notify all consulting parties of its finding; describe any project specific conditions and/or modifications required to avoid or minimize effects to historic properties; and provide supporting documentation pursuant to 36 CFR §800.11(e). ii. Unless a consulting party objects within thirty (30)-days, USACE will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. If a consulting party objects to a finding of “no adverse effect,” USACE will consult with the objecting party to resolve the disagreement. a. If the objection is resolved, USACE shall proceed with the Undertaking in accordance with the resolution; or
Sample 1
Findings of No Adverse Effect. For any project that includes, within the Area of Potential Effects, National Register listed or eligible properties that will not be adversely affected by the project, as defined by the Criteria of Adverse Effect set forth in 00 XXX 000.0(x), XxxxXxxxxxx shall make a formal Finding of No Adverse Effect. MassHighway shall forward copies of adequate documentation to support a No Adverse Effect finding to the Massachusetts SHPO, FHWA, and other consulting parties, as appropriate. a. For projects where there are no consulting parties other than the SHPO, the SHPO will have 21 days to review a Finding of No Adverse Effect. Unless the Massachusetts SHPO objects to MassHighway and/or FHWA within 21 days of receiving the notification, no further review of the project is warranted and the project may proceed. Failure of the Massachusetts SHPO to respond within 21 days from the receipt of the finding may be considered agreement with the finding. b. For projects where there are consulting parties in addition to the SHPO, all parties will have 30 days from receipt, to review a Finding of No Adverse Effect. Unless the Massachusetts SHPO or a consulting party objects to MassHighway and/or FHWA within 30 days of receiving the notification, no further review of the project is warranted and the project may proceed. Failure of the Massachusetts SHPO or any other consulting party, as appropriate, to respond within 30 days from the receipt of the finding may be considered agreement with the finding. c. MassHighway will submit any disputes concerning the No Adverse Effect finding to FHWA for resolution in accordance with Stipulation XII.
Sample 1
Findings of No Adverse Effect. If the Mn/DOT CRU staff finds that there are historic properties within the APE that will not be adversely affected by the undertaking as defined in 36 CFR 800.5(a) and (b), the Mn/DOT CRU staff shall make a formal finding of “No Adverse Effect” as per the terms of Stipulation 4 of this PA and specify those conditions, if any, that shall be imposed to secure that finding. FHWA shall ensure that specified conditions are met. The Mn/DOT CRU staff shall submit its determination to the SHPO, who will have 30 days to comment. If the SHPO requests additional, relevant information not provided in the original submittal, the SHPO will make such a request within the 30-day comment period. Once the additional information has been provided, the SHPO will have 30 days to comment. If the Mn/DOT CRU determines that a project scope has changed, the SHPO’s 30-day comment period will be recalculated from the date the SHPO receives the revised submittal.
Sample 1
Findings of No Adverse Effect 
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Related to Findings of No Adverse Effect

  • No Adverse Effect The acquisition by the Trust of the Receivables arising in the Additional Accounts shall not, in the reasonable belief of the Transferor, result in an Adverse Effect;

  • No Material Adverse Effect Since the date of this Agreement, there shall not have occurred any Material Adverse Effect.

  • No Adverse Events Between the date hereof and the Closing Date, neither the business, assets or condition, financial or otherwise, of the Company taken as a whole shall have been materially adversely affected in any manner.

  • Notice of Material Adverse Effect The Company shall notify the Buyer (and any subsequent holder of the Debentures), as soon as practicable and in no event later than three (3) business days of the Company’s knowledge of any Material Adverse Effect on the Company. For purposes of the foregoing, “knowledge” means the earlier of the Company’s actual knowledge or the Company’s constructive knowledge upon due inquiry.

  • Company Material Adverse Effect Since the date of this Agreement, there shall not have been any Company Material Adverse Effect or any event, change, or effect that would, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect.

  • No Company Material Adverse Effect Since the date of this Agreement, there shall not have occurred any Company Material Adverse Effect.

  • Litigation; Adverse Effects (a) To the best of Borrower’s knowledge, there is no Proceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order which has a Material Adverse Effect.

  • No Adverse Selection No selection procedures adverse to Noteholders have been employed in selecting the Contracts.

  • Absence of Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change or occurrence that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

  • Material Adverse Effect The occurrence of any event or condition that has had, or could reasonably be expected to have, a Material Adverse Effect.

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