Title 36--PARKS, FORESTS, AND PUBLIC PROPERTY
Chapter


Preservation Act requires Federal agencies to take into account the effects of their undertakings on historic properties and afford the Council a reasonable opportunity...


of the Federal agency to fulfill the requirements of section 106 and to ensure that an agency official with jurisdiction over an undertaking takes legal and...


shall determine whether the proposed Federal action is an undertaking as defined in Sec. 800.16(y) and, if so, whether it is a type of activity that has the potential...


consultation with the SHPO/THPO, the agency official shall: (1) Determine and document the area of potential effects, as defined in Sec. 800.16(d); (2)...


the SHPO/ THPO and any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to identified historic properties, the agency...


with the SHPO/THPO and other consulting parties, including Indian tribes and Native Hawaiian organizations, to develop and evaluate alternatives or modifications to...


resolve adverse effects pursuant to Sec. 800.6(b)(2), the agency official, the SHPO/ THPO, or the Council may determine that further consultation will not be productive...


Early coordination. Federal agencies are encouraged to coordinate compliance with section 106 and the procedures in this part with any steps taken to meet the requirements of...


individual undertakings. The Council may provide to the agency official its advisory opinion regarding the substance of any finding, determination or decision or...


Section 110(f) of the act requires that the agency official, to the maximum extent possible, undertake such planning and actions as may be necessary to minimize harm to...


that a determination, finding, or agreement under the procedures in this subpart is supported by sufficient documentation to enable any reviewing parties to understand...


the appropriate SHPOs/THPOs, affected Indian tribes and Native Hawaiian organizations, and the Council, is encouraged to develop procedures for taking historic...


agreement. An agency official may develop a programmatic agreement pursuant to Sec. 800.14(b) to govern the actions to be taken when historic properties are...


may develop procedures to implement section 106 and substitute them for all or part of subpart B of this part if they are consistent with the Council's regulations pursuant...


16 U.S.C. 470-470w-6. (b) Agency means agency as defined in 5 U.S.C. 551. (c) Approval of the expenditure of funds means any final agency decision authorizing...


Development Act of 1980 (HCDA) (42 U.S.C. 5320) and apply only to projects proposed to be funded by the Department of Housing and Urban Development (HUD) under the...


Furthermore, as used in these regulations: (a) Urban Development Action Grant (UDAG) Program means the program of the Department of Housing and Urban Development...


a project and in any event prior to taking any action that would foreclose alternatives or the Council's ability to comment, the applicant should take the following...


for the Council's comments required to satisfy the applicant's responsibilities under section 106 of the Act and section 110 of the HCDA of 1980. When appropriate,...


have standing to participate in the review process established by section 110(c) of the HCDA of 1980 whenever it concerns a project located within the State...


The National Historic Preservation Act and the National Environmental Policy Act create separate and distinct responsibilities. The National Historic Preservation Act applies to...


Recommended Documentation for a Determination of No Effect. Adequate documentation of a Determination of No Effect pursuant to Sec. 801.3(c)(2)(i) should include...


by these regulations. Particularly important, with respect to the UDAG program, is participation by the citizens of neighborhoods directly or indirectly affected...


policies and goals for the protection of the environment. Section 102(2) of NEPA contains certain procedural requirements directed toward the attainment of such goals....


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR805.2] [Page 138] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY ON HISTORIC PRESERVATION PART 805--PROCEDURES FOR IMPLEMENTATION OF NATIONAL ENVIRONMENTAL POLICY ACT --Table of Contents Sec. 805.2 Purpose. The purpose of this part is to establish Council procedures that supplement the NEPA regulations and provide for the implementation of those provisions identified in Sec. 1507.3(b) of the regulations (40 CFR 1507.3(b)). ...


of the full Council. (b) The following actions are covered by these procedures: (1) Recommendations for legislation. (2) Regulations implementing section 106 of...


the NEPA regulations (40 CFR 1505.1) contains requirements to ensure adequate consideration of environmental documents in [[Page 139]] agency decisionmaking....


agencies to establish three typical classes of action for similar treatment under NEPA: actions normally requiring EIS; actions normally requiring assessments but not...


interested private persons and organizations when it is considering actions involving such parties and requiring environmental assessments. Where other Federal agencies are...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR805.7] [Page 139] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY ON HISTORIC PRESERVATION PART 805--PROCEDURES FOR IMPLEMENTATION OF NATIONAL ENVIRONMENTAL POLICY ACT --Table of Contents Sec. 805.7 Environmental information. Interested persons may contact the Executive Director for information regarding the Council's compliance with NEPA. ...


(5 U.S.C. 552). Procedures for obtaining the records covered by the Act are established in these regulations. Persons seeking information or records of the Council...


Administrative Officer, Advisory Council on Historic Preservation, 1522 K Street NW., Washington, DC 20005. All such requests should be clearly marked ``FREEDOM OF...


location where the records may be examined or of the fact that copies are available. The notification shall also advise the requester of any applicable fees under Sec. 810.5. ...


of the Council. Appeals to the Executive Director shall be in writing, shall be addressed to the Executive Director, Advisory Council on Historic Preservation, 1522...


will be of primary benefit to the general public rather than to the requester. In that case, fees may be waived. Fees shall not be charged where they would...


(b) When a request encompasses records which would be of concern to or which have been created primarily by another Federal agency, the record will be made available by...




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