Resolution of Adverse Effects. If FEMA determines that an Undertaking may adversely affect a historic property, it shall resolve the effects of the Undertaking in consultation with the SHPO, Recipient, subrecipient, participating Tribe(s), the ACHP, if participating, and other consulting parties, by one of the following methods depending upon the severity of the adverse effect(s) as well as determination of the historic property’s significance on a local, state or national level. When FEMA determines an Undertaking will adversely affect an NHL, FEMA shall notify and invite the Secretary and ACHP to participate in consultation in accordance with 36 CFR § 800.10. When the ACHP participates in consultation related to an NHL, the ACHP shall report the outcome of the consultation to the Secretary and the FEMA Administrator.
Resolution of Adverse Effects. A. The Recipient shall consult with the SHPO, and Indian tribes or NHOs as appropriate, to resolve adverse effects. The Recipient will notify DOE of the pending consultation, and DOE will participate through its designated representative.
B. The Recipient may use standard stipulations included in Attachment A of this PA, or as negotiated as part of this PA between the SHPO and the Recipient, or if the project warrants, use of an alternate PA due to the complexity of the project activity.
C. Consultation shall be coordinated to be concluded in 45-days or less to avoid the loss of funding. In the event the consultation extends beyond this period, DOE shall formally invite the ACHP to participate in consultation. The ACHP will consult with DOE regarding the issues and the opportunity to negotiate a Memorandum of Agreement (MOA). Within seven (7) days after notification, the ACHP will enter consultation and provide its recommendation for either concluding the Section 106 review through an MOA or Chairman’s comment from the ACHP to the Secretary of DOE within 21 days.
D. In the case of an ACHP Chairman comment, DOE may proceed once DOE provides its response to the ACHP.
Resolution of Adverse Effects. If FEMA determines that an Undertaking may adversely affect a historic property, it shall resolve the effect(s) of the Undertaking in consultation with the SHPO, Recipient, sub-recipient, the ACHP, if participating, and other consulting parties, by one of the following methods depending upon the severity of the adverse effect(s) as well as determination of the historic property’s significance on a local, state or national level. When FEMA determines an Undertaking will adversely affect an NHL, FEMA shall notify and invite the Secretary and ACHP to participate in consultation in accordance with 36 CFR § 800.
Resolution of Adverse Effects. If FEMA determines that an Undertaking may adversely affect a historic property, it shall resolve the effects of the Undertaking in consultation with SHPO, TXDPS, the Applicant, and other consulting parties, by one of the following methods depending on the severity of the adverse effect(s) as well as determination of the historic property’s significance on a local, state, or national level. When FEMA determines an Undertaking will adversely affect an NHL, FEMA shall notify and invite the Secretary and ACHP to participate in consultation in accordance with 36 CFR §
Resolution of Adverse Effects. 1. The CRM shall notify Consulting Parties and the public within 10 days of notifying the SHPO and Tribes of an adverse effect finding for an undertaking using the following process:
a) The CRM shall prepare and send a notification package for the Consulting Parties, including a description of the undertaking, an illustration of the project APE, a list of identified historic properties within the project APE, the explanation for the finding of adverse effects, steps taken or considered by USAG YPG to avoid or minimize the adverse effects, any SHPO comments received by USAG YPG regarding the undertaking, an invitation to participate in a consultation to resolve adverse effects, and proposed dates for a Consulting Parties meeting.
b) The CRM shall post a notice of the adverse effects finding on the official USAG YPG website to include a description of the undertaking, a list of identified historic properties, the explanation for the finding of adverse effects, steps taken or considered by USAG YPG to avoid or minimize the adverse effects, any SHPO comments received by USAG YPG regarding the undertaking, and an invitation to provide written comment within 30 days of posting to the CRM.
c) Consulting Parties are under no obligation to provide comments on the effect finding; however, if they wish USAG YPG to consider their comments regarding the effect finding, Consulting Parties should submit comments in writing within 30 days of receipt. If no comments are received within that time, the CRM shall make a second attempt to contact the Consulting Parties for comments and if they wish to participate in the resolution of adverse effects. USAG YPG shall take any comments received into consideration before concluding the consultation and will notify the SHPO of any concerns and USAG YPG response to those concerns.
2. The CRM shall organize a consultation meeting, to include the SHPO, approximately 45 days after notifying Consulting Parties to discuss alternatives to avoid, minimize, or mitigate the adverse effects. Additional meetings shall be scheduled as needed.
3. If through consultation with the SHPO and Consulting Parties the undertaking avoids adverse effects, the CRM will document the alternatives utilized in an attempt to reduce the effects of the undertaking to a no adverse effects finding in consultation and in concurrence with all participating Consulting Parties and include them in the Annual Report, and USAG YPG has no further obligations under this sti...
Resolution of Adverse Effects. If FEMA determines that an Undertaking may adversely 731 affect a historic property, it shall resolve the effects of the Undertaking in consultation 732 with the SHPO, Recipient(s), sub-recipient, participating Tribe(s), the ACHP, if 733 participating, and other consulting parties, by one of the following methods depending 734 upon the severity of the adverse effect(s) as well as determination of the historic 735 property’s significance on a local, state or national level. When FEMA determines an 736 Undertaking will adversely affect an NHL, FEMA shall notify and invite the Secretary 737 and ACHP to participate in consultation in accordance with 36 CFR § 800.
Resolution of Adverse Effects. 1. For all identified historic properties subject to adverse effects, WSAFCA and the Corps will develop and implement treatment to resolve adverse effects where feasible. Treatment may consist of measures that entirely avoid adverse effects, documentation, data recovery excavations, preservation in place, or other methods identified by WSAFCA in consultation with the Corps. WSAFCA may use treatment methods provided in the attached HPMP or may develop property-specific treatment as necessary. If methods described in the HPMP are appropriate for necessary treatment, WSAFCA and the Corps may refer to those methods in the inventory report, finding of effect document, or stand-alone management plan and incorporate them by reference without repeating the full text of the relevant treatment methods.
Resolution of Adverse Effects. A. FHWA, with the cooperation and assistance of Caltrans, shall consult pursuant to 36 CFR 800.6(a) and 800.6(b)(1) to resolve adverse effects that may result from undertakings covered by this Agreement. In complying with 36 CFR 800.6, FHWA may consult with Caltrans, and as a result of such consultation, FHWA may direct Caltrans to implement under FHWA authority certain actions prescribed in 36 CFR
Resolution of Adverse Effects a) The NRC will solicit suggestions from consulting parties concerning potential measures to avoid, minimize, or mitigate adverse effects on historic properties described in Appendix B after the PA is executed.
b) The NRC and BLM, in consultation with consulting parties, will determine what treatment measures are appropriate to each adversely affected historic property.
c) Treatment measures can include, but are not limited to the following:
i. For archaeological properties that are significant for their research data potential (Eligibility Criterion D, National Register of Historic Places), the treatment measures may follow standard mitigation through data recovery. Treatment plan(s) for data recovery shall include, at a minimum, a research design with provisions for data recovery and recordation, analysis, reporting, and curation of resulting collection and records, and shall be consistent with the Secretary of Interior’s Standards and Guidelines (48 FR 44734-44737). Treatment plan(s) must be consistent with easement and permit requirements of other agencies, when applicable. To the extent possible, treatment plan(s) should group related sites and areas, so related resources can be considered in context, and to minimize the burden of review and approval by agencies.
ii. Treatment plan(s) for properties eligible under Criteria A, B and C, or significant for values other than their potential research potential shall specify approaches for treatment or mitigation of the property in accordance with the principles, standards, and guidelines appropriate to the resource, if warranted. This may include, but not be limited to, use of such approaches as relocating the historic property, landscaping to reduce visual effects, public interpretation, ethnographic recordation, oral history, archival research, or prescribing use of a component or activity of this undertaking in such a way as to minimize effects to historic properties. Methods of recordation and documentation described in the treatment plan(s) shall conform to the Secretary of the Interior’s Standards for Architectural and Engineering Documentation (48 FR 44730-44734) or other standards specified by NRC.
iii. In lieu of standard mitigation approaches described above, treatment plan(s) may adopt other alternative approaches to avoid, minimize, or mitigate effects to historic properties, including, but not limited to, assisting in the development of Tribal historic preservation plans, developing detailed h...
Resolution of Adverse Effects. If FEMA determines that an Undertaking will 735 adversely affect a historic property, it will notify the consulting parties of its decision 736 and provide documentation as required by 36 CFR § 800.11(e) and subject to the 737 confidentiality provisions of 36 CFR § 800.11(c), as well as provide the ACHP with 738 an adverse effect notice in accordance with 36 CFR § 800.6(a)(1). FEMA, in 739 consultation with the SHPO, OEM, Participating Tribe(s), subgrantee, ACHP, if 740 Participating, and any other consulting parties, shall resolve the effects of the 741 Undertaking by one of the following methods depending upon the nature and scale of 742 the adverse effect as well as the determination of the historic property’s significance 743 on a local, state or national level: 744 745 a. Abbreviated Consultation Process: After taking into consideration the nature of 746 the historic properties affected and the severity of the adverse effects, FEMA may 747 propose in writing to the consulting parties to resolve the adverse effects of the 748 Undertaking through the application of Treatment Measures outlined in Appendix 749 C as negotiated with the SHPO, OEM, and Participating Tribe(s). FEMA will not 750 propose to resolve adverse effects through the Abbreviated Consultation Process if 751 the Undertaking may affect an NHL. The use of these Treatment Measures will 752 not require the execution of a Memorandum of Agreement (MOA) or 753 Programmatic Agreement. 754
