ML18219A679

Acknowledges Receipt of Applicants Environmental Report. the Advisory Council on Historic Preservation Will Not Be Able to Comment Unless It Contains Documentation Detailing in This Letter

ML18219A679
Person / Time
Site:	Palo Verde
Issue date:	11/28/1974
From:	Mcdermott J US Advisory Council on Historic Preservation, Office of Review and Compliance
To:	Regan W US Atomic Energy Commission (AEC)
References
Download: ML18219A679 (3)

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Advisory Council Ga Historic P rvation 1$ 22 KStreet N., Suite 4~0

%%washington D.C. 20005 He. William H. Regan, Jr.

Chief, Environmental Projects, Branch 4 Directorate of Licensing U.S. Atomic Energy Commission Vashington, D.C.

20545 Deax Hz. Regan:

This is to acknowledge receipt of the applicant's environmental report material for the Palo Verde Nuclear Generating Station, Units 1, 2

& 3 in Arizona.

The Advisory Council welcomes the opportunity to review such back-ground matexial prior to the issuance of any environmental statement fox the project.

However, the Atomic Energy Commission should be aware that puxsuant to its responsibilities under Section 102(2) (C) of the Rational Environmental Policy Act of 1969, the Council will be unable to corn ent substantively on the draft environmental statement unless it contains sufficient docu entation detailing the following information:

Z.

Com lienee with Section 106 of the dational Historic Pxeservation Act of 1966 16 U.S.C.

470 f ).

The Council must have evidence that the most recent listing of the imtional Register of Historic Places has been consulted (see Federal'.Re~ister, February 19, 1974 and montnly supplements-each 'first Tuesday thereafter) and that either of the following conditions is satisfied:

~ A.

If no ilational Register property is affected by the project, a section detailing this determination must appear in the environmental statement.

If a Hational Register prop xty is affected by the project, the environmental statement must contain an account of steps taken in compliance with Section 106 and a comprehensive discussion of the contemplated effects on the ciational Pegister prop rty.

(Procedures for compliance with Section 106 are detailed in the Federal Re ister of January 25, 1974.)

ZI.

Com liance with Ezecutive Order 11593 "Protection and Enhancement of the Cultural Environment" of Ha 13 1971.

A.

Under Section 2(a) of the Executive Order, Fed ral agencies are required to locate, inventory, and novi.nate eli'-ible histoxic, architectural and axcheological properties under their control o" jurisdiction to tne National Regis"er of Historic Places.

The results of this survey should be included in the environm>ental statement as evidence of compliance with Section 2(a).

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B.

Until the inventory xequired by Section 2(a) is

complete, Federal agencies are required by Section 2(b) of the Order to submit proposals for the transfer,

.sale, demolition, or substantial alteration of federally owned properties eligible.for inclusion in the National Register to the Council for review and comment.

Federal agencies must continue to comply with Section 2(b) review requirements even after the initial inventory is complete, when they obtain

, jurisdiction or control over additional properties which are eligible for inclusion in the National Register

'r when properties under their jurisdiction or control are found to be eligible for inclusion in the National Register'ubsequent to the initial inventory.

The environmental statement should contain a deter-mination as to whether or not the proposed undertaking willresult in the transfer,

sale, demolition or substantial alteration of eligible National Register properties under Federal jurisdiction.'f such is the

case, the nature of the effect shou'd be clearly indicated as well as an account of the steps taken in compliance with Section 2(b).

(Proceduxes for compliance with the Executive Order are detailed in the Federal Register of January 25, 1974, "Procedures for the Protection of Historic and Cultural Properties,"

pp. 3366-3370.)

C.

Under Section 1(3), Federal agencies are required to establish proc dur s re"ar'ing th preservation and enhancement of non-federally omn d historic, architec-tural,.and archeological properties in the execution of their plans and programs.

The environmental statement should contain a determination as to whether or not the proposed undertaking will contri-bute to the preservation.

and enhancement of non-federally owned districts, sites, buildings, structures and objects of historical, architectural or archeological significance.

lIX.

The procedures for compliance with Section 106 of the National Historic Preservation Act of 1966 and the Executive Order 11593 require the Federal agency to consult with the appropriate State Historic Preservation Officer.

The State Historic Pres<<

ervation Officer for Arizona is Dennis IhCarthy, Director, State.

Parks Board, 1688 Hest Adams, Phoenix, Arizona 85007.

Should you have any questions or require any additional assistance, please contact Brit Allan Storey of the Advisory Council staff at P.

O. Box 25085,

Denver, Colorado

80225, telephone number (303) 234-4946.

Sipcerely yours,

. ~< E.-r.X John D.. IRDermott Director, Office of Review and Compliance