Resolution of Adverse Effect. If the PQI determines an undertaking may have an adverse effect on historic properties, the PQI will continue consultation to resolve the adverse effects in accordance with 36 CFR 800.6.
Resolution of Adverse Effect. If the USACE determines that the Undertaking will have an adverse effect on historic properties as measured by criteria in § 800.5.(a)(1), the agency shall consult with the NYSHPO, the Tribes, and other consulting parties (CPs) to resolve adverse effects in accordance with § 800.6.
a. For historic properties that the USACE and NYSHPO agree will be adversely affected, the USACE shall:
1. Consult with the NYSHPO to identify other individuals or organizations to be invited to become CPs. If additional CPs are identified, the USACE shall provide them copies of documentation specified in § 800.11(e) subject to confidentiality provisions of § 800.11(c).
2. Afford the public and interested parties an opportunity to express their views on resolving adverse effects in a manner appropriate to the magnitude of the project and its likely effects on historic properties.
3. Consult with NYSHPO, the NYDEC, the Tribes, and other CPs which have indicated an interest in the Undertaking to seek ways to avoid, minimize, or mitigate adverse effects.
4. The USACE, in consultation with NYSHPO, the Tribes, and other CPs as appropriate, shall prepare an historic property treatment plan which describes mitigation measures the USACE proposes to resolve the Undertaking’s adverse effects and provide this plan for review and comment to the NYSHPO, the Tribes and other CPs that have indicated an interest in the Undertaking. All parties shall have 30 calendar days in which to provide a written response to the USACE.
b. If the USACE and NYSHPO fail to agree on how adverse effects will be resolved, the USACE shall request that the Council join the consultation and provide the Council with documentation pursuant to § 800.11(g).
1. If the Council agrees to join the consultation, the USACE shall proceed in accordance with § 800.9.
2. If, after consulting to resolve adverse effects pursuant to Stipulations I or II of this PA, the Council, USACE, NYSHPO or Tribes determines that further consultation will not be productive, then any party may terminate consultation in accordance with the notification requirement and process prescribed by § 800.7.
A. Changes in the Undertaking. If construction on the Undertaking has not commenced and the USACE determines that it will not conduct the Undertaking as originally coordinated, the USACE shall reopen consultation pursuant to Stipulation I D – G.
B. Unanticipated Discoveries or Effects. Pursuant to § 800.13(a)(2), if historic properties are discovered or...
Resolution of Adverse Effect a. If FEMA determines that an Undertaking will adversely affect a historic property, it will notify the consulting parties of its decision and provide documentation as required by 36 C.F.R. § 800.11(e). FEMA will resolve the adverse effects through one of the following methods:
i. Abbreviated Consultation Process: Should FEMA and the SHPO agree that an Undertaking may adversely affect a historic property and that the Undertaking substantially complies with the applicable Secretary’s Standards, these parties may also agree that conditions or mitigation measures are not necessary, and that an MOA or Secondary Agreement will not be developed. FEMA will confirm this agreement in writing with the SHPO, HSEM, and any other consulting party. Unless the SHPO, the ACHP, HSEM, or other consulting party objects within fourteen (14) days of receipt, FEMA will complete the review and may fund the Undertaking. Should consensus agreement not be achieved using this process or its use is not appropriate given the scale of adverse effects, FEMA shall resolve the adverse effect(s) using procedures outlined in Stipulations III.C.6.a.ii, III.C.6.a.iii, or III.C.6.a.iv, as appropriate.
Resolution of Adverse Effect. If the USACE determines that the undertaking will have an adverse effect on historic properties as measured by criteria in 36 CFR 800.5(a)(1), the USACE shall consult with the SHPO and Tribal Nations to resolve adverse effects in accordance with 36 CFR 800.6.
a) For historic properties that the USACE and the SHPO agree will be adversely affected, the USACE shall:
(1) Consult with the SHPO to identify other individuals or organizations to be invited to become consulting parties. If additional consulting parties are identified, the USACE shall provide them copies of documentation specified in 36 CFR 800.11(e) subject to confidentiality provisions of 36 CFR 800.11(c).
(2) Afford the public an opportunity to express their views on resolving adverse effects in a manner appropriate to the magnitude of the project and its likely effects on historic properties.
(3) Consult with the SHPO, Tribal Nations, and any additional consulting parties to seek ways to avoid, minimize or mitigate adverse effects.
(4) Prepare an historic property plan (Plan) to be included in a Memorandum of Agreement (MOA) which describes mitigation measures the USACE proposes to resolve the undertaking’s adverse effects and provide this Plan for review and comment to all consulting parties. All parties have 30 days in which to provide a written response to the USACE.
b) If the USACE and the SHPO fail to agree on how adverse effects will be resolved, the USACE shall request that the Council join the consultation and provide the Council and all consulting parties with documentation pursuant to 36 CFR 800.11(g).
c) If the Council agrees to join the consultation, the USACE shall proceed in accordance with 36 CFR 800.9.
d) If, after consulting to resolve adverse effects, the Council, the USACE, or the SHPO determines that further consultation will not be productive, then any party may terminate consultation in accordance with the notification requirements and processes prescribed in 36 CFR 800.7.
Resolution of Adverse Effect. If the Responsible Entity determines that an undertaking will have an adverse effect on historic properties as measured by criteria in 36 CFR 800.5(a)(1), TDA shall ensure that the Responsible Entity consults with the SHPO to resolve adverse effects in accordance with 36 CFR 800.6.
Resolution of Adverse Effect. The USACE shall notify the SHPO and consulting parties identifying the historic properties affected and the corresponding mitigation measure that shall apply as stipulated below. Consulting parties shall have thirty
Resolution of Adverse Effect a. When a finding of adverse effect has been made, UDOT shall, in consultation with SHPO, USACE (if this is a permitted undertaking and the adverse effect is on a historic property within USACE jurisdictional APE), and other consulting parties, evaluate alternatives or modifications to the project that would avoid, minimize, or mitigate adverse effects on historic properties. UDOT shall propose measures to resolve adverse effects, to be documented in a memorandum of agreement (MOA) or other appropriate agreement document.
b. UDOT shall make information available to the public, including the documentation specified in 36 CFR 800. 11(e), subject to the confidentiality provisions of 36 CFR 800.11(c).
c. UDOT shall provide an opportunity for members of the public to express their views on resolving adverse effects of the project through UDOT’s public involvement process.
d. UDOT will also notify the public of the adverse effect by publishing the notice in statewide or local newspapers, providing notice in a project newsletter, providing information at a public meeting, or other manner appropriate to the scope and complexity of the project (consistent with the intent of Stipulation VI.B of this Agreement).
e. UDOT will notify the Council of the finding, pursuant to 36 CFR 800.6(a)(1), and that UDOT will be preparing a MOA to resolve adverse effects. UDOT will provide supporting documentation in accordance with 36 CFR 800.11(e), and determine Council participation pursuant to 36 CFR 800.6(a)(1).
i. The Council shall advise the agency and the consulting parties whether it will participate within 15 days of receipt of notice.
f. After consideration of the views of all consulting parties and the public, if UDOT, SHPO, USACE (if this is a permitted undertaking and the adverse effect is on a historic property within USACE jurisdictional APE), and Council (if it has chosen to participate [pursuant to 36 CFR 800 Appendix A]) agree on how the adverse effects will be resolved, they shall execute a memorandum of agreement (MOA), pursuant to 36 CFR 800.6(c).
g. A copy of the MOA shall be provided to each signatory, invited signatory, and concurring parties, as well as the Council (if they are not a signatory).
h. Once finalized, the measures to resolve adverse effects shall be incorporated into the undertaking, and the undertaking may be implemented.
i. If UDOT determines that an undertaking may adversely affect a National Historic Landmark, UDOT will notify and invite the...
Resolution of Adverse Effect. The resolution of any adverse effect on historic properties from an Undertaking covered by this Agreement shall be through the use of the measures outlined in Appendix C or through the development of a Memorandum of Agreement (MOA).
A. Resolution of Adverse Effect Using the Measures Outlined in Appendix C. BLM-Arizona may seek to resolve adverse effects to historic properties through the measures outlined in Appendix C as an alternative to preparing an Undertaking-specific MOA.
1. In order to use the measures outlined in Appendix C to resolve adverse effects to historic properties, the Agency Official shall provide the CPIU with following documentation:
(a) Description of the Undertaking and the APE, including any and all available drawings, photographs, and maps necessary to illustrate the nature and extent of Undertaking and APE.
(b) Description of the steps taken to identify historic properties.
(c) Description of the historic properties identified and the effect(s) from the Undertaking on those properties, specifically including information on the effects on the characteristics that qualify the property for listing in the NRHP.
(d) Description of what measures were considered to avoid or minimize the adverse effects and reasons why they were not feasible.
(e) A plan detailing the proposed measures from Appendix C to be implemented, justification for their use, and preliminary timeframe for implementation and completion.
2. CPIU may object in writing within forty-five (45) days of receiving a proposal to resolve adverse effect using the measures in Appendix C. Upon receipt of an objection, the Agency Official shall consult with appropriate SHPO(s) for seven (7) days to determine if the objection is warranted. If the objection is warranted, the Agency Official shall seek to initiate consultation to prepare an MOA following Stipulation VIII.B.
3. If the appropriate SHPO(s) and the Agency Official concur, in writing, with the resolution of adverse effects using the measures in Appendix C, and there is no objection from the CPIU, the Agency Official shall not be required to notify the ACHP of a finding of adverse effect. Following receipt of SHPO concurrence, the Agency Official shall initiate the measures agreed upon and prepare either a Historic Preservation Treatment Plan (HPTP) or Historic American Buildings Survey/Historic American Engineering Record/Historic American Landscapes Survey (HABS/HAER/HALS) Plan (Plan) as required in Appendix C.
4. The Agen...
Resolution of Adverse Effect. A Draft of this PA, which includes ways to avoid, minimize, and mitigate potential adverse effects on historic properties discussed among the PA consulting parties, was included in the Draft EIS for further review and comment. In accordance with 36 C.F.R. § 800.6(a), should the STB approve a build alternative, the STB shall continue consultation with the PA consulting parties to avoid, minimize and mitigate the potential adverse effects of the Undertaking to historic properties and tribal sites of significance. See Stipulation VI.
D. In the event the STB approves a build alternative, the STB would ensure that the stipulations that follow (i.e., Stipulation III through Stipulation XXII) shall be implemented.
III. AREA OF POTENTIAL EFFECTS (APE)
A. First Phase-APE for Review of Alternatives
B. Second Phase-APE if a Build Alternative is Approved
1. Defining the APE
Resolution of Adverse Effect. When a historic property cannot be avoided and may be adversely affected, the NMDGF and the Service shall prepare an agreement document, and following the process in 36 CFR 800.6, consult with the SHPO, tribes, and other consulting parties in order to resolve the adverse effect of the undertaking on historic properties. Based on the effect of the undertaking on the historic property and the historic property’s NRHP criteria, NMDGF will resolve adverse effects by developing and implementing a mitigation plan to avoid, minimize or mitigate the adverse effect as appropriate. Mitigation may include data recovery of archaeological sites, Historic American Buildings Survey/Historic American Engineering Record/Historic American Landscapes Survey (HABS/HAER/HALS) documentation, archival research, public education and outreach and/or compensatory mitigation.
