Common use of Findings of No Adverse Effect Clause in Contracts

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.

Findings of No Adverse Effect. If, through consultation, USACE If the Corps determines that an Undertaking the undertaking does not meet the adverse effect criteria, pursuant to 36 C.F.R. § 800.5(a)(1), USACE the Corps 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 ia-iii below, or will move to subparagraph b.c below.‌ i. USACE a. The Corps shall notify all Consulting Parties Signatories of its finding; describe any project specific conditions and/or modifications required to the undertaking to avoid or minimize effects to historic properties; and provide supporting documentation pursuant to 36 CFR §§ 800.11(e). ii. b. Unless a Consulting Party consulting party objects within thirty (30) 30 days, USACE the Corps will proceed with its “no adverse effect” determination and conclude the Section 106 review. iii. c. If a Consulting Party consulting party objects to a finding of “no adverse effect,” USACE the Corps will consult with the objecting party to resolve the disagreement. a) i. If the objection is resolved, USACE the Corps shall proceed with the Undertaking undertaking in accordance with the resolution; or b) ii. If the objection cannot be resolved, USACE the Corps 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 The Corps shall, pursuant 36 CFR § 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 PartiesSHPO. If USACE’s the Corps’ final determination is to reaffirm its “no adverse effect” finding, the Section 106 review of the Undertaking undertaking will have concluded. If USACE the Corps will revise its finding then it shall proceed to Stipulation VI 6. b., III.B.3 below. d. Avoidance and Minimization of Adverse Effects: Avoidance of adverse effects to historic properties is the preferred treatment approach. The Corps will consider redesign of elements of the undertaking in order to avoid and/or minimize historic properties and Project effects that may be adverse. If the Corps determines that the undertaking cannot be modified to avoid or minimize effects, the Corps will make a determination of Adverse Effect.

Findings of No Adverse Effect. If, through consultation, USACE If the Corps determines that an Undertaking the Project does not meet the adverse effect criteria, pursuant to 36 C.F.R. § 800.5(a)(1), USACE within fifteen (15) calendar days of receipt of the identification/evaluation report(s) the Corps 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 C.F.R. § 800.5(b) and following steps ithe process outlined in III.B.2. a-iii c, below, or will move to subparagraph b.. i. USACE a. The Corps shall notify all Consulting Parties within ten (10) calendar days of its findinghaving made a finding of “no adverse effect”; describe any project specific conditions and/or modifications required to the Project to avoid or minimize effects to historic properties; and provide supporting documentation pursuant to 36 CFR §C.F.R. § 800.11(e). ii. b. Unless a Consulting Party Signatory objects to the finding within thirty (30) dayscalendar of days of receipt of notification, USACE the Corps will proceed with its “no adverse effect” determination and conclude the Section 106 reviewof the NHPA review of the Project. iii. c. If a Consulting Party Signatory objects to a the finding of “no adverse effect,” USACE the Corps will consult with the objecting party Signatory to resolve the disagreementdisagreement in accordance with Stipulation I.B (Disagreement) and Stipulation VIII.D (Objection on Finding of Effect). a) i. If the objection is resolved, USACE the Corps shall proceed with the Undertaking Project in accordance with the resolution; or b) ii. If the objection cannot be resolved, USACE the Corps shall request that ACHP review the findings in accordance with 36 CFR C.F.R. § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. USACE The Corps shall, pursuant to 36 C.F.R. § 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, if provided, and provide this to the SHPO of jurisdiction, appropriate Federally- recognized Tribes and all other Consulting Partiesobjecting Signatory. If USACE’s the Corps’ final determination is to reaffirm its “no adverse effect” finding, the Section 106 of the NHPA review of the Undertaking Project will have concluded. If USACE will the Corps’ final determination is to revise its finding finding, then it shall proceed to Stipulation VI 6. b., III.B.3 below. d. Avoidance and Minimization of Adverse Effects: Avoidance of adverse effects to historic properties is the preferred treatment approach. The Corps will consider redesign of elements of the Project in order to avoid and/or minimize Project effects on historic properties that may be adverse. If the Corps determines that the Project cannot be modified to avoid or minimize effects, the Corps will make a finding of Adverse Effect.