Specific guidance Sample Clauses

Specific guidance. WVDOH, on behalf of FHWA and with the consent of the Indian tribes, will solicit interest in consultation, transmit project documentation and otherwise perform routine coordination with the tribes. FHWA at its discretion or through request of an Indian tribe may take over coordination at any time. A matrix identifying the relevant Indian tribes and notification procedures is located in Attachment A. It should be noted that tribal contacts change frequently; therefore, WVDOH, in consultation with FHWA, will update the list on an annual basis. This guidance and list will be incorporated into WVDOH Design Directive 202. 1 Consulting party, as formally defined under 36 CFR Part 800.2 (C)(2)(ii). “Consultation on historic properties of significance to Indian tribes and Native Hawaiian organizations. Section 101(d)(6)(B) of the act requires the agency official to consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to historic properties that may be affected by an undertaking. This requirement applies regardless of the location of the historic property. Such Indian tribe or Native Hawaiian organization shall be a consulting party.” Goals The purpose of consultation with Indian tribes is on par with consultation with the State Historic Preservation Office (SHPO) or consultation with other interested parties, which is to reach an informed and supported decision on identifying, assessing effects, and consulting as to how to treat the effects of projects on historic properties. Where historic properties are of religious and cultural significance to Indian tribes, we expect that the Indian tribes will bring a unique and added perspective to the consultation process. When Indian tribes are provided with a reasonable opportunity to provide advice on the identification and evaluation of such properties, articulate views on the project’s effects on such properties and participate in the resolution of adverse effects to such properties, better decisions and outcomes will result. Initial Consultation Consultation between WVDOH/FHWA and each Indian tribe is to be done in a manner that is sensitive and respectful of tribal sovereignty. In principle, consultation should begin early in a project’s planning process so that all parties have ample time to identify and discuss relevant tribal historic preservation issues and resolve concerns about the confidentiality of information concerning historic properties of religio...
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Specific guidance on informed consent The following principles should be considered in relation to achieving informed consent from users participating in the project (see also Appendix C for a generic template and two examples from local pilots):  Each potential subject must be adequately informed of the aims, methods, anticipated benefits and potential hazards of the research and any discomfort it may entail.  Any documentation given to potential participants should be timely, clear and comprehensive, and there should be an opportunity for them to raise any issues of concern and ask for advice.  Informer consent should be required in writing and records of consent should be maintained.  Potential participants must be informed that they are free to withdraw consent to participation at any time. Withdrawal should be easy.  There should be a procedure for making complaints and participants should be made aware of this.  All participants should be volunteers. Considerable care should be taken where consent is sought from those in a dependent position or suffering from cognitive impairments, and it should be made clear that refusal to participate will not lead to any adverse consequences. For example, users of care service providers must be assured that any decision not to participate will not prejudice or affect in any way the services they currently receive.  Informed consent must be obtained from a legal guardian in the case of subjects who do not have the legal competence to give informed consent.  Any inducement offered to participants should be declared and should be in accordance with appropriate guidelines. Some project participants may be unable to consent when the pilot starts, or in the course of the piloting activity. In such a case, other safeguards need to be in place. There may be many reasons why an individual may not be able to provide consent. If this situation occurs, the assessor should consider the following:  The consent of the person should be sought first at all times, and the element of control should always be first with the person. In the event the pilot participant does not have the capacity to provide his/her consent, he/she is not to be enrolled for that particular reason, unless a specific local legislation clearly regulates this issue (e.g. on a third party consent – consent from legally authorised representative). In any case: as assessments of the level of the person’s capacity to make decisions are neither absolute nor enduring, these...
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