Common use of Resolving Adverse Effects Clause in Contracts

Resolving Adverse Effects. 1. If an undertaking may adversely affect a National Historic Landmark, the Agency shall request the SHPO, the Council, and the Secretary of the Interior to participate in consultation to resolve any adverse effects, as outlined in 36 CFR 800.10. 2. When the qualified professional determines that a proposed project will result in an adverse effect to an historic property, the qualified professional shall consult with VDHP on whether it is appropriate to execute a Standard Mitigation Measures Agreement as outlined in Appendix E. If VDHP determines that executing a Standard Mitigation Measures Agreement is appropriate to mitigate the proposed adverse effect, the qualified professional shall prepare an Agreement and submit it to VDHP for review. VDHP shall advise the Recipient and the Agency of its decision to execute the Agreement within twenty-one 21 days following its receipt with adequate documentation. The SHPO may consult with the Secretary of the Agency of Commerce and Community Development to resolve project conflicts. 3. When the SHPO determines that it is appropriate to execute a Standard Mitigation Measures Agreement, the Agreement shall be signed by the Agency, the SHPO, and the Recipient, and the Agency shall ensure that the terms of the Agreement are carried out. 4. In the case of an adverse effect to a National Register-eligible archaeological site, the qualified archaeological professional shall develop an Archaeological Data Recovery Plan as part of the Standard Mitigation Measures Agreement that meets applicable federal and state guidelines, including the Council’s Treatment of Archaeological Properties and Recommended Approach for Consultation on Recovery of Significant Information From Archaeological Sites (1999), and the Guidelines for Conducting Archaeological Studies in Vermont (most recent and updated version). Data Recovery projects shall include a significant public education and interpretation component whenever appropriate. Materials recovered shall be curated and stored in accordance with 36 CFR 79 and VDHP curation standards. 5. If the qualified professional or VDHP determine that the Standard Mitigation Measures are not appropriate for a project, they shall consult with the Recipient and the Agency to seek ways to minimize or mitigate the adverse effects. If consensus is reached, the qualified professional shall prepare a Memorandum of Agreement, as outlined in 36 CFR §800.6 (b)(1), and the Agency, the Recipient, and SHPO shall sign it. The Recipient shall be responsible for notifying the Agency and SHPO when the conditions of the Memorandum of Agreement have been met. The Recipient shall notify the Agency, VDHP and the Stockbridge Munsee Community or any other federally recognized tribe, as applicable when all the stipulations in the Standard Mitigation Measures Agreement have been successfully completed in the form of a letter or email describing how the measures have been achieved.

Resolving Adverse Effects. 1. If an undertaking may adversely affect a National Historic Landmark, the Agency shall request the SHPO, the CouncilACHP, and the Secretary of the Interior to participate in consultation to resolve any adverse effects, as outlined in 36 CFR 800.10. 2. When the qualified professional determines that a proposed project will result in an adverse effect to an historic property, the qualified professional shall consult with VDHP on whether it is appropriate to execute a Standard Mitigation Measures Agreement as outlined in Appendix E. If VDHP determines that executing a Standard Mitigation Measures Agreement is appropriate to mitigate the proposed adverse effect, the qualified professional shall prepare an Agreement and submit it to VDHP for review. VDHP shall advise the Recipient and the Agency of its decision to execute the Agreement within twenty-one 21 days following its receipt with adequate documentation. The SHPO may consult with the Secretary of the Agency of Commerce and Community Development to resolve project conflicts. 3. When the SHPO determines that it is appropriate to execute a Standard Mitigation Measures Agreement, the Agreement shall be signed by the Agency, the SHPO, and the Recipient, and the Agency shall ensure that the terms of the Agreement are carried out. 4. In the case of an adverse effect to a National Register-eligible archaeological site, the qualified archaeological professional shall develop an Archaeological Data Recovery Plan as part of the Standard Mitigation Measures Agreement that meets applicable federal and state guidelines, including the CouncilACHP’s Treatment of Archaeological Properties and Recommended Approach for Consultation on Recovery of Significant Information From Archaeological Sites (1999), and the Guidelines for Conducting Archaeological Studies in Vermont (most recent and updated version). Data Recovery projects shall include a significant public education and interpretation component whenever appropriate. Materials recovered shall be curated and stored in accordance with 36 CFR 79 and VDHP curation standards. 5. If the qualified professional or VDHP determine that the Standard Mitigation Measures are not appropriate for a project, they shall consult with the Recipient and the Agency to seek ways to minimize or mitigate the adverse effects. If consensus is reached, the qualified professional shall prepare a Memorandum of Agreement, as outlined in 36 CFR §800.6 (b)(1), and the Agency, the Recipient, and SHPO shall sign it. The Recipient shall be responsible for notifying the Agency and SHPO when the conditions of the Memorandum of Agreement have been met. 6. The Recipient shall notify the Agency, VDHP and the Stockbridge Munsee Community or any other federally recognized tribe, as applicable when all the stipulations in the Standard Mitigation Measures Agreement have been successfully completed in the form of a letter or email describing how the measures have been achieved. 7. If the Agency and VDHP cannot reach consensus, the parties shall notify the ACHP and initiate the consultation process set forth in 36 CFR §800.6(b)(2). In addition, the Agency shall submit to the ACHP the background documentation outlined in Section V (1)(c). 8. If agreement is not reached, the parties shall follow the process set forth in 36 CFR §800.7, Failure to Resolve Adverse Effects.

Resolving Adverse Effects. 1. If an undertaking may adversely affect a National Historic Landmark, the Agency CEDO shall request the SHPO, the Council, and the Secretary of the Interior to participate in consultation to resolve any adverse effects, as outlined in 36 CFR 800.10. 2. When the qualified professional professional/approved CEDO employee determines that a proposed project will result in an adverse effect to an historic property, the qualified professional professional/approved CEDO employee shall consult with VDHP on whether it is appropriate to execute a Standard Mitigation Measures Agreement as outlined in Appendix E. B. If VDHP determines that executing a Standard Mitigation Measures Agreement is appropriate to mitigate the proposed adverse effect, the qualified professional professional/approved CEDO employee shall prepare an Agreement and submit it to VDHP for review. VDHP shall advise the Recipient and the Agency CEDO of its decision to execute the Agreement within twenty-one 21 thirty (30) days following its receipt with adequate documentation. The SHPO may consult with the Secretary Director of the Agency of Commerce and Community Development CEDO to resolve project conflicts. 3. When the SHPO determines that it is appropriate to execute a Standard Mitigation Measures Agreement, the Agreement shall be signed by the Agency, the CEDO and SHPO, and the Recipient, and the Agency . CEDO shall ensure that the terms of the Agreement are carried out. 4. In the case of an adverse effect to a National Register-eligible archaeological site, the qualified archaeological professional shall develop an Archaeological Data Recovery Plan as part of the Standard Mitigation Measures Agreement that meets applicable federal and state guidelines, including the Council’s Treatment of Archaeological Properties and Recommended Approach for Consultation on Recovery of Significant Information From Archaeological Sites (19991999 or most recent version), and the Guidelines for Conducting Archaeological Studies in Vermont (most recent and updated version)Vermont. Data Recovery projects shall include a significant public education and interpretation component whenever appropriate. Materials recovered shall be curated and stored in accordance with 36 CFR 79 and VDHP curation standards. 5. If the qualified professional professional/approved CEDO employee or VDHP determine that the Standard Mitigation Measures are not appropriate for a project, they shall consult with the Recipient and the Agency CEDO to seek ways to minimize or mitigate the adverse effects. If consensus is reached, the qualified professional professional/approved CEDO employee shall prepare a Memorandum of Agreement, as outlined in 36 CFR §800.6 (b)(1), and the Agency, the Recipient, CEDO and SHPO shall sign it. The Recipient shall be responsible for notifying the Agency and SHPO when the conditions of the Memorandum of Agreement have been met. The Recipient CEDO shall notify the Agency, VDHP and the Stockbridge Munsee Community or any other federally recognized tribe, as applicable when all the stipulations in the Standard Mitigation Measures Agreement have been successfully completed in the form of a letter or email describing how the measures have been achieved.