Finding of Adverse Effect (Stipulation VIII Sample Clauses

Finding of Adverse Effect (Stipulation VIII. G.1.a) If the criteria of adverse effect in 36 CFR 800.5(a)(1) are met, the HPT Staff makes a finding of Adverse Effect. A project adversely affects a historic property if it may alter the characteristics that qualify the property for inclusion in the National Register in a way that would diminish the integrity of the property. Adverse effects can be direct or indirect, and also include reasonably foreseeable impacts that may occur later in time, be farther removed in distance, or may be cumulative. A finding of Adverse Effect requires consultation letters to SHPO, or the THPO if the property is on Tribal land, and other consulting parties to the undertaking, regardless of whether or not they are participants in the PA. The HPT Staff, often with the assistance of a consultant, prepares letters that: • Inform the consulting parties of the finding of Adverse Effect • Propose to resolve the adverse effect either through: o The use of Standard Measures for Resolving Adverse Effects (Stipulation VIII.G.1), which is an alternative to the preparation of a Memorandum of Agreement (MOA) or project-specific Programmatic Agreement (PA). These Standard Measures are listed in Attachment 6 of the PA; or o The development of a project-specific MOA or PA • Requests concurrence with the finding of effect and the proposed resolution of the adverse effect. • If an archaeological site is being adversely impacted by the project, Section 4(f) archaeological exception language should be included in the SHPO or THPO consultation letter (see Section 5 for more information). • If a historic site is being adversely impacted by the project, determine whether it is 4(f) property, and determine if the project is having a “use” (see Section 5 for more information).
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs

Related to Finding of Adverse Effect (Stipulation VIII

  • 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, Grantee(s), subgrantee, participating Tribes 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.

  • Required Confidentiality Claim Form This is a requirement of the TIPS Contract and is non-negotiable. TIPS provides the required TIPS Confidentiality Claim Form in the "Attachments" section of this solicitation. Vendor must execute this form by either signing and waiving any confidentiality claim, or designating portions of Vendor's proposal confidential. If Vendor considers any portion of Vendor's proposal to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form. If TIPS receives a public information act or similar request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For Vendor documents deemed confidential by you in this manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination and opinion. Notwithstanding any other Vendor designation of Vendor's proposal as confidential or proprietary, Vendor’s submission of this proposal constitutes Vendor’s agreement that proper execution of the required TIPS Confidentiality Claim Form is the only way to assert any portion of Vendor's proposal as confidential.

  • Changes to this Agreement We may make changes to this Agreement from time to time on the basis that you are able to end the Agreement without charge by us.

  • Effect of Decision The decision or award of the arbitrator shall be final and binding upon the University, the UFF, and the grievant, provided that either party may appeal to an appropriate court of law a decision that was rendered by the arbitrator acting outside of or beyond the arbitrator's jurisdiction, pursuant to Section 682.13, Florida Statutes.

  • Finality of Decision The review by an ALJ or DAB provided for above shall not be considered to be an appeal right arising under any statutes or regulations. Consequently, the parties to this CIA agree that the DAB’s decision (or the ALJ’s decision if not appealed) shall be considered final for all purposes under this CIA.

  • Material Adverse Effect The occurrence of any event or condition that has had, or could reasonably be expected to have, a Material Adverse Effect.

  • Effect of Force Majeure If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that:

  • Finality of Decisions There shall be no appeal from any Arbitration Board's decision. Each such decision shall be final and binding on the Union and its members, the employee or employees involved, and the Company. The Union will discourage any attempt of its members, and will not encourage or co-operate with any of its members in any appeal to any Court or Labour Board from a decision of an Arbitration Board.

  • Effect of Finding U.S. Indicia a) If none of the U.S. indicia listed in subparagraph B(1) of this section are discovered in the enhanced review of High Value Accounts described above, and the account is not identified as held by a Specified U.S. Person in subparagraph D(4) of this section, then no further action is required until there is a change in circumstances that results in one or more U.S. indicia being associated with the account.

  • Effect of Force Majeure Event If either party to this contract cannot meet an obligation under this contract because of an event outside the control of that party (‘a force majeure event’):

Time is Money Join Law Insider Premium to draft better contracts faster.