Basis for Finding Sample Clauses

Basis for Finding. USACE shall make a finding of “no historic properties affected” under the following circumstances: i. If no historic properties are present in the APE; or ii. The Undertaking shall avoid alteration to the characteristics of a historic property qualifying it for inclusion in or eligibility for the National Register (including cumulative effects); or
View SourceView Similar (5)
Basis for Finding. If the Corps determines that a specific Project phase, feature, or type of effect does not meet the adverse effect criteria, or the effect to a historic property is consistent with the SOI’s Guidelines on Flood Adaptation for Rehabilitating Historic Buildings and meets the SOI’s Standards for Rehabilitation, the Corps shall propose a finding of "no adverse effect" and consult with Consulting Parties in accordance with 36 C.F.R. § 800.5(b) and following steps i-iii below: i. The Corps shall notify all Consulting Parties of its finding; describe any project specific conditions and/or modifications required to the undertaking to avoid adverse effects to historic properties; and provide supporting documentation pursuant to 36 ii. Unless a Consulting Party disagrees with the finding within 30 days, the Corps will proceed with its “no adverse effect” determination and conclude the Section 106 of the NHPA review. iii. If a Consulting Party disagrees with the finding of “no adverse effect,” the Corps will consult with the objecting party to resolve the disagreement. a) If the objection is resolved, the Corps shall proceed with the Project phase, feature, type of effect, or individual APE in accordance with the resolution; or b) If the objection cannot be resolved, the Corps shall request that ACHP review the PROGRAMMATIC AGREEMENT REGARDING THE REGARDING THE CHARLESTON PENINSULA COASTAL STORM RISK MANAGEMENT PROJECT, CHARLESTON, SOUTH CAROLINA findings in accordance with 36 C.F.R. § 800.5(c)(3)(i)-(ii) and submit the required supporting documentation. If the Corps' final determination is to reaffirm its "no adverse effect" finding, the Section 106 of the NHPA review of the specific Project phase, feature, type of effect, or individual APE will have concluded. If the Corps will revise its finding then it shall proceed to Stipulation III.B.3 (Determination of Adverse Effect) below.
View Source
Basis for Finding. The Corps shall make a finding of “no historic properties affected” within fifteen (15) calendar days of receipt of the identification/evaluation report(s), if the Project avoids effects to historic properties, including visual and cumulative effects.
View Source
Basis for Finding. If the Corps determines that a specific Project phase, feature, or type 24 of effect does not meet the adverse effect criteria, or the effect to a historic property is 25 consistent with the SOI’s Guidelines on Flood Adaptation for Rehabilitating Historic
View Source
Basis for Finding. The Corps shall make findings of "no historic properties affected" for each Project phase, feature, type of effect, or individual APE under the following circumstances: i. If no historic properties are present in the APE; or ii. The Project phase or feature shall avoid effects to historic properties (including cumulative effects).
View Source
Basis for Finding. The Corps shall make a finding of “no historic properties affected” under the following circumstances: i. If no historic properties are present in the APE; or ii. The undertaking shall avoid effects to historic properties (including cumulative effects).
View Source
Basis for Finding. All of the mental health assessments I reviewed (either through direct observation or in the medical charts) included the factors enumerated in Appendix A of the MOA and are consistent with generally accepted standards for correctional mental health assessments.
View Source

Related to Basis for Finding

  • Basis for Layoff A. The reasons for layoffs include, but are not limited to, the following: 1. Lack of funds; 2. Lack of work; or 3. Organizational change. B. Examples of layoff actions due to lack of work include, but are not limited to: 1. Termination of a project or special employment; 2. Availability of fewer positions than there are employees entitled to such positions; 3. Employee’s ineligibility to continue in a position following its reallocation to a class with a higher salary maximum; or 4. Employee’s ineligibility to continue, or choice not to continue, in a position following its reallocation to a class with a lower salary range maximum.

  • Adjustments for Tax Purposes Any payments made pursuant to Section 2.04 shall be treated as an adjustment to the Purchase Price by the parties for Tax purposes, unless otherwise required by Law.

  • Allocations for Tax Purposes (a) Except as otherwise provided herein, for federal income tax purposes, each item of income, gain, loss and deduction shall be allocated among the Partners in the same manner as its correlative item of "book" income, gain, loss or deduction is allocated pursuant to Section 6.1. (b) In an attempt to eliminate Book-Tax Disparities attributable to a Contributed Property or Adjusted Property, items of income, gain, loss, depreciation, amortization and cost recovery deductions shall be allocated for federal income tax purposes among the Partners as follows: (i) (A) In the case of a Contributed Property, such items attributable thereto shall be allocated among the Partners in the manner provided under Section 704(c) of the Code that takes into account the variation between the Agreed Value of such property and its adjusted basis at the time of contribution; and (B) any item of Residual Gain or Residual Loss attributable to a Contributed Property shall be allocated among the Partners in the same manner as its correlative item of "book" gain or loss is allocated pursuant to Section 6.1. (ii) (A) In the case of an Adjusted Property, such items shall (1) first, be allocated among the Partners in a manner consistent with the principles of Section 704(c) of the Code to take into account the Unrealized Gain or Unrealized Loss attributable to such property and the allocations thereof pursuant to Section 5.5(d)(i) or 5.5(d)(ii), and (2) second, in the event such property was originally a Contributed Property, be allocated among the Partners in a manner consistent with Section 6.2(b)(i)(A); and (B) any item of Residual Gain or Residual Loss attributable to an Adjusted Property shall be allocated among the Partners in the same manner as its correlative item of "book" gain or loss is allocated pursuant to Section 6.1. (iii) The General Partner shall apply the principles of Treasury Regulation Section 1.704-3(d)

  • Basis for calculation of periodic payments All interest and commitment fee and any other payments under any Finance Document which are of an annual or periodic nature shall accrue from day to day and shall be calculated on the basis of the actual number of days elapsed and a 360 day year.

  • Auction Schedule; Method of Submission of Orders (a) The Funds and the Auction Agent shall conduct Auctions for each series of Preferred Shares in accordance with the schedule set forth below. Such schedule may be changed at any time by the Auction Agent with the consent of the Fund, which consent shall not be withheld unreasonably. The Auction Agent shall give notice of any such change to BD. Such notice shall be received prior to the first Auction Date on which any such change shall be effective. Time Event ---- ----- By 9:30 A.M. Auction Agent advises the Funds and the Broker-Dealers of the Maximum Rate as set forth in Section 3.2(a) hereof.