Common use of Consistency Determinations Clause in Contracts

Consistency Determinations. (a) Subject to valid existing rights, a multiple-use activity may be permitted or authorized within the areas of the Chugach National Forest subject to this subpart only after a determination by the responsible Forest Officer that such activity is consistent with the conservation of fish, wildlife, and their habitat. A use or activity may be de- termined to be consistent if it will not materially interfere with or detract from the conservation of fish, wildlife and their habitat. (b) Where an evaluation is made pur- suant to section 102(2)(C) of the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321) for a proposed mul- tiple-use activity, and the responsible Forest Officer prepares an environ- mental impact statement (EIS) or en- vironmental assessment (EA) or cat- egorically excludes an activity from documentation in an EA or EIS, the consistency determination required by this section for the use or activity shall be included as a part of the deci- sion document. (c) Guidelines that are consistent with this section may be developed for specific multiple-use activities as a part of the planning and implementa- tion process required by the National Forest Management Act and the imple- ▇▇▇▇▇▇▇ regulations at 36 CFR part 219, National Forest System Land and Re- source Management Planning. (d) Subject to valid existing rights, the responsible Forest Officer may in- corporate into any permit or other au- thorization issued pursuant to 36 CFR part 251 or other regulations of this chapter any reasonably practicable measures that are determined to be necessary to maintain consistency with the conservation of fish, wildlife, and their habitat as provided by this subpart. (e) Subject to valid existing rights, the responsible Forest Officer may ter- minate, suspend, restrict, or require modification of any activity if it is de- termined that such measures are re- quired to conserve wildlife, fish, or their habitat within the areas of the Chugach National Forest subject to this subpart. Prior to taking action to terminate, suspend, restrict, or require modification of an activity under this section, the responsible Forest Officer shall give affected parties reasonable prior notice and an opportunity to comment, unless it is determined that doing so would likely result in irrep- arable harm to conservation of fish, wildlife, and their habitat. (f) Decisions made pursuant to this section are subject to appeal only as provided in 36 CFR parts 217 and 251, subpart C. (g) Nothing in this section affects subsistence activities carried out in ac- cordance with § 241.23 of this subpart or other applicable law.

Consistency Determinations. (a) Subject to valid existing rights, a multiple-use activity may be permitted or authorized within the areas of the Chugach National Forest subject to this subpart only after a determination by the responsible Forest Officer that such activity is consistent with the conservation of fish, wildlife, and their habitat. A use or activity may be de- termined to be consistent if it will not materially interfere with or detract from the conservation of fish, wildlife and their habitat. (b) Where an evaluation is made pur- suant to section 102(2)(C) of the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321) for a proposed mul- tiple-use activity, and the responsible Forest Officer prepares an environ- mental impact statement (EIS) or en- vironmental assessment (EA) or cat- egorically excludes an activity from documentation in an EA or EIS, the consistency determination required by this section for the use or activity shall be included as a part of the deci- sion document. (c) Guidelines that are consistent with this section may be developed for specific multiple-use activities as a part of the planning and implementa- tion process required by the National Forest Management Act and the imple- ▇▇▇▇▇▇▇ regulations at 36 CFR part 219, National Forest System Land and Re- source Management Planning. (d) Subject to valid existing rights, the responsible Forest Officer may in- corporate into any permit or other au- thorization issued pursuant to 36 CFR part 251 or other regulations of this chapter any reasonably practicable measures that are determined to be necessary to maintain consistency with the conservation of fish, wildlife, and their habitat as provided by this subpart. (e) Subject to valid existing rights, the responsible Forest Officer may ter- minatere- voke, suspend, restrict, or require modification of any activity if it is de- termined that such measures are re- quired to conserve wildlife, fish, or their habitat within the areas of the Chugach ▇▇▇- ▇▇▇▇ National Forest subject to this subpart. Prior to taking action to terminatere- voke, suspend, restrict, or require modification of an activity under this section, the responsible Forest Officer shall give affected parties reasonable prior notice and an opportunity to comment, unless it is determined that doing so would likely result in irrep- arable harm to conservation of fish, wildlife, and their habitat. (f) Decisions made pursuant to this section are subject to appeal only as provided in 36 CFR parts 217 and 251, subpart C.part 214. (g) Nothing in this section affects subsistence activities carried out in ac- cordance with § 241.23 of this subpart or other applicable law. [56 FR 63463, Dec. 4, 1991, as amended at 78 FR 33724, June 5, 2013] (a) The taking of fish and wildlife by hunting, trapping, or fishing from lands subject to the rules of this sub- part is authorized in accordance with applicable State and Federal law.