ML20003H935

Requests Evaluation of Significance of South Hampton,Nh Historic District to Determine Eligibility of District for Inclusion in Natl Register.Transmission Lines Associated W/Facility Const May Disrupt District.Fr Excerpt Encl

ML20003H935
Person / Time
Site:	Seabrook
Issue date:	05/05/1981
From:	Tannenbaum J ADVISORY COUNCIL ON HISTORIC PRESERVATION
To:	Harold Denton Office of Nuclear Reactor Regulation
References
NUDOCS 8105080199
Download: ML20003H935 (16)

Text

50 w3 wy Advis:ry Council On.

Historic Preservation 1522 K Street. NW Washington. DC 20005 Q

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I May 5, 1981 a "My o 7 IS81s

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J Mr. Harold Denton Director, Office of Nuclear Reactor Regulation b

f\\'y U.S. Nuclear Regulatory Comission N

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Washington, DC 20555

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Dear Mr. Denton:

We have been informed that the placement of cransmission lines associated with construction on the Seabrook Station, an undertaking of the Nuclear Regulatory Comission, may have an effect on the South Hampton Historic District, South Hampton, New Hampshire. This property may possess historical and architectural significar.ce and therefore may be eligible for inclusion in the National Register of Historic Places.

Section 800.4(a) of the Council's regulations, " Protection of Historic and Cultural Properties" (36 CFR Part 800), sets forth the method of evaluating the significance of such properties. We request that you initiate this evaluation and inform us of your findings.

If the evaluation results in a determination by the Secretary of the Interior that the croperty is eligible for inclusion in the National Register, you should follow the remaining steps in Section 800.4 to evaluate the effect of the undertaking on the property and, if appropriate, request the Council's comments. Should you have any questions or require additional assistance, please call Joseph P. Mough at 254-3495.

Thank you for your cooperation.

Sincerely,

' = =

Jo n E. Tannenbaum Chief, Eastern Division of

( OD Project Review

.5 Enclosure lH M 05 080 M

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TUESDAY, JANUARY 30,1979 T-PART IV

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6068 RULES AND RE!ULATIONS I4310-10-M]

th? Councu, and interested organiza-respons: to the directives contained in r

tions and individuals participate. The the President's Memorandum. The Title 36-Parks, Forests, and Pubh.c process is designed to assure that al.

Task Force was charged with review-Property ternatives to avoid or mitigate an ad.

Ing the draf t regulations and informal-c verse effect on a National Register or ly offering comments to the Council CHAPTER VIII-ADVISORY COUNCIL eligible property are adequately con. on whet: a the regulations comply ON HISTORIC PRESERVATION sidered in the planning processes. Tt.

with the directive.

regulations are binding on all Federal Pursuant to the President's Memo-g agencies and specify the manner in randum, agencies with consultation re-p PART 800-PROTECTION OF HISTOR. which the Council will render its com. sponsibilities under the ~Act must de-h IC AND CULTURAL PROPERTIES ments to Federal agencies when their velop regulatiens to be approved by undertakings affect properties includ-the Chairman of the Council in re-Amendments to Existing Reguloh.ons ed in or eligible for inclusion in the sponse to t!*se regulations. Such t:

AGENCY: Advisory Council on Histcr-National Register of Historic Places, agencies must publish regulations no Ic ic Preservation.

To facilitate processing of the large later than three months after the ef-er volitme of cases submitted for Council fective date of these. gulations.

Dr.

ACTION: Final amendments to regu-comment each year, the regulations Other agencies may choose to adopt lations.

provide for agency consultation with counterpart regulations specifically

SUMMARY

These regulations imple-the Council staff and State Historic tailored to their particular program. u ment Section 106 of the National His-Preservation Officers to reduce the needs as ' stipulated in these regula

.'a toric Preservation Act 1966, as amend-number of underMtngs that require tions.

4 pr.

These regulations issued pursuant to pe; 16 U.S.C. 470s were adopted by unan! g (d (16 U.S.C. 470), and two Presiden-consideration by the fun Council.

tial directives issued pursuant to Sec-The purpose of the present amend.

tic r

tion 106-Executive Ord r 11593, May ments is to reduce procedural delay. mous vote of the fuH Council in open,h,T to 13,1971. **ProtecWn And Enhance-encourage agencies to develop internal sesstort on January 17,1979. As directG Cc -

ment of the Cultural Environment ** regulations to' comply with the re-ed by the President, the amended res-ic 19:

(36 FR 8921,16 U.S.C. 470), and the quirements of the Act and these regu. ulations will be effective March 1,4 the President's Memorandum on Environ-lations, to clarify the process since the 1979.

~**

to mental Quality and Water Resources last pubucation of the Council's regu-SDN ARY oF MAJoa CEANczs s:f, The flow of the commenting process.g Management, July 12, 1978. The regu-lations.in 1974, and to implement the 33 lations have been amended to reDect directives in the President's Memoran-changes and additions to the Council's dum on Environmental Quauty and established by the 1974 regulations re 3.i DE authorities, as wen as experience Water Resources Management.

maint basicany unchanged in the pres-g anc gained in working with the process In late 1977, the Counca staff began ent amendments. However, the reguls4 since the last publication of regula-a reassessment of the existing regula-tions have beca renumbere'd and reardgL tions in 1974. These amendments are tions codified in 1974 in 36 CFR Part ranged from the 1974 pubucation forg intended to expedite and clarify the 800, in an effort to determine.what greater clarity..The fonowing majori T:

co=menting process required by Sec-changes, clarifications, or modifica-changes have been made in the regula y res; l

tion 106 cf the National Historic Pres-tions were necessary. In July of 1978, tions:

if rm.

L erration Act, the President issued the Memorandum

1. Section 800.4(a) has been substan..~

the on Environmental Quality and Water tiauy revised to provide further guid- UCn EFFECTIVE DATE: March 1,1979* Resources Management which direct-ance to Federal agencies on the identi-L det! la! C FOR FURTHER INFORMATION ed the Chairman of the Council to fication cf National Register and eligi' ~? CONI'ACT. review and promulgate regulations im-ble properties. 7< acer Jchn M. Fowler. Acting General plementing the Act and the Memoran-

2. A new I800.5 has been added toj Counsel. Advisory Council on Histor-dum by March 1,1979.. Accord'

y, define the responsibilities of State Elsd; ic Preservation.1522 K Street, NW, the existing regulations were ameaded toric Preservation Officers in the com. r S-Washington, D.C. 20005, 202-254-to reflect changes b statutory author-menting process.

~g !?ct 3967. ity, experience gained in implen. anting

3. Section 800.6(d) authorizes the fd Lt^:

the procedures since 1974, and to meet Chairman to appoint a panel of five E 8 *'-e " SUPPI.EMENTARY INFORMATION: the demands of the President's Memo-members of the Council to consideri C at".. randum. undertakings in lieu of ConsideratioB3 D BACKGRo m The Council pubushed propond by the full Council.. 4 6C i The Adviscry Council on Historic amendments to the existing regub

4. A new I 800.7 has been added deale:w PTW h CC ing with resources discovered d.zrdng' l

Preservation is pubushing these final tions in the FcraAr. RtatsTza on Oc-i N l amendments to its existing regulations tober 30,1978, and iny'ted public com-construction. to implement Section 106 of the Na, ment for.a 30 day period. A number of

5. A new I 800.8 has been added des 3 'wa MCP tional Historic Preservation Act, as Federal agencies and others requested ~ Ing with Programmatic Memoranda ofJ S' ~

amended (16 U.S.C. 470f). The purpose extension of the comment period. On' Agreement. anowin an agency to C ,7..Y of Section 106 is to protect properties November 28, 1978, the Council pub-obtain the CouncTs comments for included in or eligible for !=clusion in lished notice in the FrotaAt RrcisTra particular program or class of under - [, "? the National Register of Historic extending the comment period for an takings that would, otherwise reqM Places through review and comment additional thirty days until I;ecember numerous individual requests for cod.!!b

[.

j.I by the Council on Federal undertak. 29,1978, providing for a 60 day com-ments. M t l ings that affect such properties. Prop-ment period in total. A public briefing

6. Section 800.9 revises the oriM l

erties are listed on the National Regis-for interested agencies, organizations, section deanng with the National EDT r.2 ~. ter or declared eligible for listing by and individuals on the proposed vironmental Policy Act to reflect neq M a :C,. the Secretary of the Interior. As im-amendments was held on December Council on Environmental QualitT i plemented through these regulations, 11,1978. Council staff also actively co-regulations. S the Section 106 process is a pubuc in-operated with the Secretary of the In-

7. A new I 800.11 has been added tal w,

l terest process in which the Federal terior's Water Policy implementation authorize counterpart regulations pero agency prcposir3 an undertaking, the Task Force on Environmental Stat-mitting agencies to develop regulh .c State Historic Preservation Officer, utes. The Task Force was convened in tions which, if approved by the Cha!rej FEcERAL REG 15 Tit, VOt. 44, NO 21-tut 3 DAY, JANUARY 30, 1979 '7 ' .i ~ fi~k. 1

RULES AND REGULADONS 4

• man, may be used to meet certain n-

,6069 quiremrnts of thcse regulations-prhr Section 106 co=pliance, during the Council on Enviroc=~ ental Quality

8. A new I 800.15 has been added the agency's for=ulation of a budget dealing with puclic participation in request to be submitted to the Office for purposes of the National Environ.

the Sectien IC6 teriew process. of Management and Budget. In either mental Poucy Act. The new language

9. A new $ 800.14 has been added cn event agencies should ccep!ete their cf this section is now tied dosely to Section 106 responsibilities prior to the National Register Criteria One Supplementary GuP2ne;. he Sup-m2kf a suhr,iuions to the Office of co== enter suggested that only signifl-pIementary Guidelines included in the cant effects-be covered by mese regu-Management and Budget. Agencies pre;csed amend =ents have been de-wC.I ccmply with the require =ents of lations. This comment was not adopt.

leted. Su;;1eMentary Guidelines II C313 Circu'ar A-10, which concerns ed because it is contrary to statutory and IT have oe*n included in ( 8CO.13. require:Lents.

10. Throughout the amended regula-budget renndentiali*y.

tions, time II=1ts have been estab. Authorizaticus for programs thag Stenox 800.4 Fr:taAL ActNc7 lished to ex;edite the process whi!e wC1 have uniform adverse effects cn RzsrcNsur:.:=rs Natio=al Register or eligible proper-encouraging r senum public partid-paticn. ties and where the leg:siadve ter=s of nis section describes the ree-< by authcri:ation z=ay severely limit the which a Federal agency should identi-CowwrNTs AND 772 CoWCIr.,s opportunity to arcid cr z=itigate ad-fy Nadocal Resister or elig:ble proper. RzsroNsr verse effects on 3. Case by Ca.Se basis ties and determine stether an under. are also included. An ava-n?e would taking affecta such pmperties and prD-The CouncC received 128 cernmsnts be the recent SpecU Bridge Replace-vides for coordination with the State pncr to the cime of the cocs=ent =ent PrcEnm. wh in 1.s orWnal Historic Preservation Officers period on Dece=ber 29.1738 An addi. fcr.. prohS'**4 the use of funds for, number of ecm=enn were rec. A large eived on tiocal 15 e ents were received be. tween nee,ber 30.197&. ar.d the anything but reph' ament of unsafe the etrcre section. Wm Federal agen-Council meeting on January 17 and 18, bridges. The resu.t u as that alterns-cies fett that $crther eb****% of tives sur.h aa rehabuitation were fore-the enure see% was needed. In re-I 1979. All comments were suh=1tted to c!csed when a particular Ns" rei Reg-sponse to these e-m*e% the section ' the Council members for review prior is*er or eligible bridge was propcsed has been re structured-De Council to the m *' t Cc~~ *-" were re-for r*Wa->-* When seeM:s Cous. has adopted a reasonable effort stand-cefved frcs 22 Federal age.ri,s_ n State Historic Preservaden Off efi cc==enta on M a pregnm agen-ard for Pederal ag** to meet in 33 State er local gover-m a !cers, efes should fcIbw the provisicas of identitying Nat!ocal Restster and eli-d 52 5 8004 "Progrm--^Uc Meer.orandam giNe sropertas. Federal agency re-private orm"

• c individuals. cf Agreement."

' sponsibEines for dete-stion of and one U.S. Senator. The definition of *"th propert? e!!ect are also set forth in this section, . ten to z:cre cicsely reflect statutcr7m*W In f 8002J' 1 has been SterzoN 800.1 Prnrosz A33 AL W ORITtE8 wtth The section was slightly reworded in language and wa.s r+s rad in respcsse the Federal agency and ennaar fe del-to a Federal ea-9 agency. Several esated by it. response to several suggesdons to coz:= enters were cf the c;.Wr. i that SecdonliOO.Ma) has bcen al*.ered in male the language closer to that of the Council shculd review cnly *.hcse response to n'rme cus eceu em in-the Act and Pxecutive Order. A sec. u= der *sM rt affec*.1=g prcperties ac. ciuding several frcm Federal agencies.- tien was added s 1-izing the Presi. tuany listed en the National Regis*er. The section has been re drtfted to set dent's Me=crandum on Enntenmen. Such a ll=1*aten is centrary to the forth a Icgical sequence needed to tal Quality and Water Resources Man. "'-^*e of the Natic:a1 Histocic Pres-Identify properties. Throughout the asement. ervation Act, and was not adopted-process c.f teru<e. there should n A da"-t*!cn of the area cf the un-be remhtics between the Agency Sterios 8002 Dzr=r=:cNr dertaking's potential environz= ental Om-'m1 and the State Histcric Preser-Sect}cn 8004fc) was clari!!ed ration Of.!!cer. The secdon z ales sponse to seven! agency ec==t2 re- != pact is ccntained in i800lfo). Sev-clear that an agency can reques=t the ents cal ec m m ents ez;ressed concern that the scepe ci the term undertat-about *he difficulty in def!-'*: this Ccuncil's re- ~ a - *3 C~"'* meously i.g" wa.s too tread and uncicar. Of ter=. The definitica no longer in-sith a request for eligibility from the, particular concern was the !=ci:sica cf cludes reference to secc=dary e!!ect3 Secretary cf the I:terict ne Council activities pr:: posed by Federal agencies and is cc=sinent wim the dennicon believes that the reorgn=1 sed secucn is for Congressional author::stion or ap, adopted by the CouncH cn Environ-clearer and that it win snow agencies propriation. Th:s definitica is not to m.r-*21 Quality This new sectics has to know in z=cre precise terms what is. be construed as raquiring general pro deen =odified since the draft amend-required to identafy Naticcal P.egister gram authorization and prog am ap. 2:er'.s by the addition of the require-cr eligible propertes. propriation requests to be reviewed z ent that the boundaries of such an Secuco 80G*b). Dete.**% of under these regulaticas. The purpose area are to be deter ~tM by the Effect. also received numerous ccm. l is to ensure prcper and timely consid-Agency Offleial and the M*sta E!stcrie ments from Federal agencies and i eration of specific acursues that st1] Preservatien Officer. others. De sectica on No Effect i have significant impac*s on National Section 800lfp). Ccesulting Parties. (8e0EbXI)J has been ciartfied con-i' Reg. ster cr eligiMe propertes and that is a new sectic=. Many cc= centers ex-cer:1=r how an objection een be mada l prcvide li=ited c;pertunity after Con. gressional action to consider alterna. preua+confusien as to wl4 the par-and the manner in which the Execu-( tives to avoid or =1tigz*e these im-ties to the consu1*.atica provss were. tive Director wul respond. l Sectica 8CO.Ec) concerning Dete 5, pacts. Such activides are usually Szer:en 800.3 CRITz21A oF ErrEcr ANO na on of No Adverse Effect has been major Federal cons *.ruction projects h r Errrer clarified in response to seveal com-l that are propcsed for Ccngressional Section 800.3 was. the sub2ect of ments. No Adverse Effect Deter rf-a. a;;roval at a specific site or with spe-cific design features. such a.s a dam. many ec==ents. The entire section tiens must be made in consultation i has been reworked for greater clarity. with the appropriate State Historic. Secucn 105 review would be appropr!- ate prior to author;2atics cr. m the A definition of direct and indirect ei-Preservation Officer a:xi evidence of i case of projects authcr: zed w:thout fects has been added and the defin}- contact with a State Hister:c Preserva-l tion Officer zm:st be included in the tien deliberately tracks that used by documentation forwarded to the FE;ER AL RECLSTER VOL. 44, NC. 21-TUE10AY, JANUARY 3c,19r9 l i \\ i L

1 9070 RULES AND RE2ULATIONS ~ ) Council if the State Historic Presew tive Director to consult the State His must again be requested. Several com. tion Offleer does not respond to a re. toric Preservation Officer and other menters suggested that in.such in. at n: quest under the provisions of I 800.5. interested parties. stances agencies should be admon. 4 Section 800.4(d) has been s!!ghtly al. Section 800.6(b) parallels the exist. 1shed that no further action on the be .c: tered in response to several comments. ing regulations. However, several undertakiny should preceed until the The transmittal of a Preliminary Case changes have been made including Council has commented. The Council Ic Report will be the recuest for the provisions for specific time limits agrees and this section has been re. st comments of the Council. throughout the consultation process. vised accordingly. 1 A new I 800.4(e) has been add *d pro. Although a number of commenters In response to

comments, tb e.

3 viding that good faith consultation felt that parties In interest to an un. I800.6(cM4) has been changed to pro-EI would prevent an agency from pro-dertaking should have the status of a vide that any signatory to the agree. j ceeding with an underthing until the consulting party, these comments ment can request a change in the p". Council has provided its comments. were not adopted because the CouncG terms. At the test of several com. e' w The section, whHe appearing in sub-does not believe that it can impose menters a new w !on has also been be stantially the same form in several such a uniform requirement due to the added which requaes the Agency Off!* sections in the draft amendments is wide variety of agency programs. At cial to provide a report on actions th now one sec*.lon. It is included as one the request of several Pederal agen. taken to carry out the terms of the e- ~ section at the request of a Pederal cies, a lead agency provision tu also in. agreement. SI ; agtney member of the CouncD. cluded in this section. Section 800.6(d) dealing with Coun-In response to comments, c0 meetings has been revised in re. SacTrow 800.5 STATE ElsToarc Pass. zavation Omcza RaspoNsmEITms I800.6(bx3) has beta changed to pro. sponse to cammets.14 Phen the Chair. Vide that the public information meet-man decides against consideration by - t" Section 800.5. State Historic Preser. ing should be held near the site of the the CouncG of a proposed undertak. nz-vation Officer Responsibilities, is a undertaking.

• ing, it can be scheduled if three mem.

i new section. The section established A new 1800.6(bX6) on acceptance of '.ers of the CouncD object. The pro. I-l this oTicial, after which the process viously, the Council equated accept. quired that a majority of the members ~ y". dradlbes for response on the part of adverse effect has been included. Pre-posed amendmats would have re. may et, stinue if no response has been ance of Adverse Effect with m!ugation object. Numerous commenters felt d.. received. Pursuant to a substantial. measures such as recording of a strue. that such a large number was unrealis. Uc number of comments, however lack of ture that was being demahMt. The tie. A major change from the 1974 res. pre response by the State Historic Preser. CouncQ realizes that there are circum. ulations is the provision for a panel of F' vation Officer win no longer be stances in which adverse effects on members to consider an undertaking 1 l deemed concurrence, although the National Register or eligible proper. on behalf of the fun CouneD. duch a I review may stnl proceed. Severs! com. ties must be accepted in the public in.- panel would be composed of 5 mem. the menters suggeW4 that-the "shoulds" terest. In such instances, the adverse bers, three non-Pederal members and us:d in this wetion be chanced to effect will be accepted, generaDy with two Pederal members, neither of tic: l "shans." The suggestion was rejected a prodso that a recording effort be whom represents the agency propos. 1 because the Councillacks authority to part of the agreement.. ing the undertaking. The CouncQ be. me_ impose mandatory requirements on Section 800.6(bx7) has been clarified 11 eves that this provision will serve to se these State ofHeials. in response to comments. Any one of both increase the number of cases re. k,c th the consulting pariss may declare a ferred for Council consideration and SzcTsow 800.6 CottscIL ComuzwTs fa!!ure in the consultation process to expedite those cases. Several Coun, age This section concerns the manner iz. upon written notice to the Executive en members felt that consideration of arc which the Council win render its com. Director who is required to notify the an undertaking by a panel would not Cci a Chairman of the failure within-15 be representative of-the fun range of As ments. There were a substantial days. views provided by the entire Council the nu=ber of comments on this section. In response to these comments, nu. Section SM.6(c) concerning the membership. After discussion at the stri mercus changes were made to clear up Memorandum of Agreement has been fuH Council n eeting on January 17 1ste a=biguities and make the CouneD's rewritten in response to comments. An 1979. It was agreed that panel consid. Na,. commenting process more tapeditious. Important change from the existing erstion of an undertaking may be ad. dur Section 800.6(a) conecs the regulations is an expedited method for vantageous in some situations. How. E manner in which the Executive Direc. preparing the Memorandum of Agree. ever, the CouncQ felt that this provi, chy tor will respond to an agency Determi. ment. A Pederal arency wiu prepare a sion should be re-examined in one Ac nation of No Adverse Effect. In te. proposal, which tcgether with the year to determine the effectiveness of as sponse to comments, a specific time written concurrence of the State Ills. panel review of undertakings. DHa; umit has been placed on the Executive toric Preservation Officer can be A number of cornments were re. Sec; Director's acceptance of adequate doc. transmitted to the Executive Director ceived on the section daaHnf with the pre umentation and the time period for and incorporated into the Memoran. review of a panel decision, want com. Eh review of such Determinations of No dum of Agreement. menters pointed out that an appeal of. < an - Adverse Effect has been reduced from Many commenters agreed with the a panel decision by any one of the par. its : 1 the 45 days stipulated in the 1974 reg. Council that this would speed up the ties involved as proposed in the draft CU ulations to 30 days. process, but only if there were time amendments could actually delay the ' COC A new I 800.6(aX2) provides that the limits placed on the process for ratif!. process rather than speeding it up.. I che Executive Director may specify cond!. ~ cation of an agreement. The Council The Council agrees with this assess. Act. tions to remove an objection to a No agreed and a limit of 10 days has been ment and the appeal provision has tha: Adverse Effect Determination. Several imposed for transmittal of such been deleted. However. If an agency ing commenters suggested that the State Memoranda to the Chairrnan_ determines not to follow the com. Cot: Historic Preservation OfHeer should A new I800.6(cX3) dealing with the ments of s. panel after considering the be r be included in this process. It is the in. effect of a Memorandum of Agree. comments, it must provide notice to beer tention of the Council to include the ment has been added. This subsection the Chairman in order to provide op. men S*. ate Historic Preservation Officer provides tha'. if an agency fans to portunity to have the matter consid-FTO' through the addition of a prt-rision in carry out 'he terms of the agreement ered by the fun Council Because of dela f 800.6(ax2) which aHows the Execu. that the comments of the Council the nature of panel consideration of see PEstaAt REGISTER VOt. a4. NO. 21-7UE$0AY, JANUARY 30, 1979 i _,n. - _ _ _,.-, - --.- -.- - - n

RULES AND RESULATIONS an undertaking the comments were 6071 not adopted which suggested that no SEcuoM 800.8 PmocRAsc.tArte MEMORANDUM or AGREEMEN" SEenoN' 800.10 CoorsrNAnoN WITH consideration of an undertaking THE PREF tDENT's h1EMoRANDUM beyond a panel was neces:ary. This section was developed CN h*IRoNMENTAt QUAI.rTY AND WATER gaf"[ec,"'o'fCou means of allowing the Council to com. REsouncIs hb xAcExEsr as a ment on a particular program or class statements to the Council have been I act! ns that would otherwise m This section recapitulates the man. extended to provide ample opportuni-quin multiple individual nqmts for dates contained fri the Icemorandum ty for public partleipation. Section c mments under the ugulations. This' sponsibilities to develop regu 800.6tdx5) has been changed to pro-1(. a e vQs of implement the Council's Section 106 ss a vide that the comments of the Council d idu win be issued within 15 days afte a takings that are repetitive in nature

1. " " *" '#8 meeting and that such comments wul For example, the Council has execut; mested me Canen to ad reqh be made available to intere*ted par

• ed a programmatic agreement with ties, including the State Historic Pres-the National Park Service concerning @

re ea to & dop ervation Officer. the Park nlanning system. Under the stringent standards for the regula-terms of the agreement. Individual ac. tions. The Council will issue guidance SEcuoN 800.7 RIsovacIs DrscovEREn tions taken to implement a master to agencies to develop such regula. Mam CoNsmenoN plan for a particular park that has tions. previously been reviewed by the Coun-This section was proposed as a addi-cil will normally not be subjected to Sacnos 80b.11 Comers:aPaRr tion to the 1974 regulations. As origi. further Council review. Rscrz.Arrons nally proposed. the section was intend. ed to establish a limited time period A number of commenters suggested This section has been revised to for the Council to provide its com..that the process include the State His. aDow Federal' agencies greater flex 1hn-toric Preservation Offurs in States ments to an agency whm a resource affected by such an agreement or the ity in implementing the procedural re. eligibL for the National Register was National Cenference of State Hictoric quirements of these regulations. Sec-discovered during the actual construe. Preservation Officers when the agree-tion 800.11 as proposed in the draft tion of a project after an agency had ment is nationwide in scope. The regu. amendments dealt briefly with the de. previously completed its Section 106 la&fons have been revised to specifics 2 velopment of agency procedures under responsibilities. While there were sev. 17 allow for such participation. Other Section 1(3) of Executive Order lus3 cral unqualified endorsements. the changes Tsve been made in the section The revised section was developed majority of the commenters felt thag to clarify ambiguities pointed out by a from suggestions received from several the section as proposed would cause number of cornmenters-Federal agencies. Under this section, undue project delays resulting in addh an agency may choose to develop tional cost The section was substam Stenow 800.9 CoonntNAnow wrnt counterpart regulations that can be tially rewritten in light of these com* Tax NAnoMAZ. ENvIno6 tailored to meet the specific require-ments. The mandatory halt of con-Por.rcT AcT 1 ments of its planning and decision struction has been *N n *d. al. This section sets forth the man" makiM processes. Section 800.11 though the Council believes that good in which the review conducted under would permit agencies to develop faith consultatian requires that an Section 106 should be coordinated counterpart. regulations for meeting agency make reasonable efforts to with that required by the National En-their responsibDities under Section avoid foreclosing options while the viromental Policy Act. This section 800.4. This section requires that the Councu's comments are being sought. elaborates on f 800.2 of the 1974 regu* regulations be jointly drafted with the As drafted, f 800.7 applies only to 'lations and has been developed in con-Executive Director and approved by those resources discovered during con. sultation with the staff of the Council the Chairman and provides an oppor-struction that meet the National Reg-on Enviromental Quality. It is the M. tunity for pubDe participation. 1 ster Criteria. Agencies that discover tention of the two agcacies to issue Secnow 800.12 InvasTroAnow National P.wister eligible properties jobt supplementary guidance on this THasATs To NAnoNAr. RscrsTER AND or during construction are required to subject in the near future. The pur. E:.Ictm.E PaorzaTras comply with the provisions of the Ar-pose of t e secdon is to comme to cheological and Historic Preservation the maxirnum extent possible the in-This section deals with situations s l Act of 1974. The Council is adopting. h .$d ar alys a)) I wh & CouncD W nm 2 k sa the standard for Section 106 com* ti es lieve that a Federal undertaking af-pliance, mitigation acceptable to the Quired by the separate statutes. For fecting a National Register or eligible Secretary of the Interior under the most projects, the CouncQ's comments property has not been reviewed in ac-provisions of the Archeological and shoul.1 be~ requested during the prept. cordance with these regulations. Sev. Historic Preservation Act. Therefore. ration of the draft environmental an agency will be deemed to have met Impact statement. Some ccmmenters eral clarifications were made to this Its responsibilities to afford the Cou* noted several classes of Pederal pro. section in response to specific com-Inents. Some Federal agencies ex. cil an opportunity to comment if it jects which cannot be coordhated in pressed a desire that the Council use complies Mth the provisions of the Ar. this manner. The regulatic ts have discretion in investigating such cheological and Historic Preservation been revised to specif!cany pr avide for threats. The Council intends to do so. Act, unless the Secretary determines this' situation. It is the Council's objec. thnt certain aspects of the undertak-tive to provide its comments on an Previously these proMsions were in-cJuded in f 800.13(b). In the draft of ing warrant Council consideration. If agency undertaking that requires an the proposed amendments Council consideration is determined to environmental impact statement in included a provision for coml800.13(a) be necessary, a 30 day time limit has time to be included in the final state. ment or been placed on the transmittal of com-ment. This should result in less paper. report on non-Federal undertakings ments. The Council believes that this work and reduce delays in fulfilling This section has been deleted because provision will serve to reduce time agency environmental review responsi. it is based on the Council's general id. delays and effectively protect the re-bilities by aDowing a single document visory authorities under Gection 202 of the Act and not on Section 106. The source. to be used to meet the information re. quirements of both statutes. Council will continue to exercise its general advisory authority under Sec. FEDisAt REGISTER, VOL 44, NO. 21-TUISDAY, JANUARY 3o.1979 8 l i e

6072 RULES AND REGULATIONS t!:n 202 r.nd will consider matt /tra in amendments have been deleted. Sup. Revtrw oe InstYtDVAL UNDsRTAKINGs the public interest, plementary Guidelines II and IV have 300.4 Federal Asener Respons!bnities. Crctrow $00.13 RgroRTs To T2tg been codified as part of I800.13. Sup. 330.5 State Historse Preservauon Officer i C m ett, plementary Guideline I. the Criteria Responsististies. of the National Register of Historic 800.s Counef! comments { This section sets standards for infor. Places. Is constained in 36 CFR 60.6. 8007 R rees discovered during con. mition that should be provided to the Supplementary Guideline III. Deter. } Council to enable it to make informed minations of No Effect and No Ad. FrDsmAL PaocaAu Coomstuttow comments on Federal undertakings. verse Effect for Archeological Re. 800.s Programmue Memorandum of rections 800.13(a) and (b) were previ-sources, w!U not be published at the Agreement. otely included in the Supplementary present time. The Council's Task 800.9 Coordinauon tith the Nationa1 Env1 GuideMnes section. A large number of Force on Archeology will be consider, ronmental Polter Act (42 UAC. 43:1 et l commenters requested that these ing th's guide!!ne and it win be revised soo.[Coordinauon with the Presidential t standards for adequate documentation based upon recommendations of the I be codified. The Council agrees with Task Force. This Guideline received Memorandum on environmental quantr these comments and be11 eves that and water resources manasement. numerous. comments and they have 800.11 Counterpart regulauens. codifying these sections will make the been provided to the Task Force for requirements clear to au the consult. Its consideration. ) ing parties and the public. Section 800.12 Investissuon of threats to historse i 800.13(c) dealing with Reporta for Cowet.cstos propertses. tiin prescribing the Secretary of the The Council made a conscientious N8 .h sundance. l Counell Meetings includes a new sec-effort to incorporate all valid com. 800.15 Putmcparucspasson. Interi a rt. sec re-ments in these final amendments. As ques tary y Acynoarry Pub.1. SS-488. 30 stat."els infrrmation on the historical or cul. noted, revisions have been made to the its UAC. 470A as am.adad se stat. 204 tural significance of a National Regis-regulations which we believe will serve (1970A at stat.13e (1973A 90. stat.1320 ter Cr eligible property and reflects to make the Section 106 commenting tie 7st s2 stat. 34s7 (1s7sz E.O.11583. 3 th2 current practice of the Council. A process an open and public process CFR 1971 Comp. p.154; President's Memo number of commenters felt that the that can be tailored to the needs of in-randum on. Environmental Quantr and section was not entirely clear concern. dividual agencies. The Council believes Resources nwt. M 12 that the regulations set a clear stand-rh be e r The n has ard for agencies to fonow in. meeting $ 800.1 Purpose and authorities. been re-drafted to respond to these their Section 106 responsibilities. (a) The National Historic Preserva. comments. wh!!e being sufficiently flexible to re. tion Act of 1966, as amended, estab-spond to the wide variety of agency 11shed the Advisory Council on Histor-Szenox 800.14 Serrt.xxxxTAar programs and needs. Ic Preservation as an independent GUIDANcz The Counc!! has determined that agency of the United States to advise This is a new section which provides these amendments are not significant the President and the Congress on his-that the Executive Director may issue regulations within the meaning of Ex-toric preservation matters, recommend further guidance to interpret certain ecutive Order 12044 and consequent 1T measures to coordinate Federal hifter. portions of the regulations. do not require a regulatory analysis. ic preservation activities, and com-The purpose of these amendments is ment on Federal actions affecting Sterton 800.15 Pest.tc pax;IcIFATIoM to simplify existing regulations and to properties included in or eligible for This is a new section which is de-clarify language in conformance with inclusion in the National Register of 1 signed to encourage public particios. the goals enunciated by Executive Historic Places. Its members are the Order 12044. ti n throughout the process estab-Secretary of the Interior, the Secre-lished by the regulations. A number of The Cotancil has determined that an tary of Horsing Lad Urban Develop-comments urged that the regulations Environmental Impact Statement ment, the Secretary of Commerce the contain more explicit direction con-under the National Environmental Artmfnfetratcr of General Services, the cerning the means of involving the Policy Act is not required. Secretary of the Treasury, the Attor. ney General, the Secretary of Asvicul-public. Several suggested that such PRINCIPAI. AU:noas t reftrence to public participation be in* ture. the Secretary pf Transportation, l cluded in various specific sections. The Eenneth C.Tapman Legislative and the Secretary of State, the Secretary Council believes that a specific section Policy Counsel: John M. Fowler

• of Defense, the Secretary of Health, t

dialing with public participation win Acti=g General Counsel: Peter E. Education and Welfare, the Chairman i best serve to fulfin the intended pur. Smith. Acting Director. Office of In. of the Council on Environmental l pose of involving the pubHe. The tergovernmental Programs and Plan-Quanty, the Chairman of the Federal Council notes that its process is adv1 ning; and Katherine Raub Ridley, Council on the Arts and Humanities. sory and does not constitute formal 14 gal Assistant. Office of Intergovern-the Architect of the Capitol, the Sec-admjnistrative hearings. Therefore. mental Programs and Phnning retary of the Smithsonian Institution, this section is intended for guidance the Chairman of the National Trust and !s not to be construed as setting & Roarnt R. G AaVET. Jr for Historic Preservation the Presi-strict legal standard. For example, the Ireeutfre Director, dent of the National Conference of use cf the word " notice" in subsection Part 800 is revised to read as set State H!storic Preservation Ofncers.- (b) is not intended to be a formal legal forth below: and 12 citizen members from outside requirement. but rather a means of in-the Federal Government appointed forming the public of an opportunity PART 800--PtoirECTION OF HISTOR-for five year terms by the President on to participate in the process. IC AND CULTURAL PROPERTIES the basis of their interest and experi-enee in the matters to be considered Oma by the Council. g1 Purpose and authorities. (b) The Council protects properties The Supplementary Guldelines con-800.2 Defauticas. of histcrical, awhitectural, archeologi-tained in the publication of the draft Boo.3 Cnteria of effect and advance effect. cal, and cultural significance at the na. FEDERAL REGISTit. VOL. 4 NO. 21-ftJE50AY. JANUARY A 979 w w------v-, ,w g,m _--r-----m-w, w ,m

RULES AND REGULATIONS 6073 it:nt.l. Statt. and local levsl by review-(b) " Executive' Order" means Execu. ing and ecmmenting on Federal ac-tions affecting National Register and tive Order 11593. May 13,1971," Pro-Secretary of the Interior to eva:u eligible properties in accordance with tection and Enhancement of the Cul-properties to determine whether they l are eligible for inclusion in the Nation. l the following authorities: tural Environment" (36 FR 8921,16 al Register. (See 36 CFR 60.6.) U.S.C. 470). (1) Section 106 of the National His-torie Preserystion Act. Section 106 re-(c) " Undertaking" means any Feder* th)" Decision"means the exe cise of al. federany assisted or federally 11* or the opportunity to esercise discre- . quires that Federal agencies with j direct or indirect jurisdiction over a censed action, activity, or program or tionary authority by a Federal agency i Federal federally assisted or federally the approval, sanction, asCstance cr at any stage of an undertaking where l licensed undertaking afford the Coun-support of any non Federal action, ac* alterations might be made in tne un. cil h reasonable opportunity for com-tivity, or program. Undertaxings in* dertaking to modify its impact upon i ment on such undertakings that affect. clude new and continuing projects and National Register and eligible proper-i properties included in or eligible for program activities (or elements of g,,, I inclusion in the National Register of such activities not previously consid-(1)" Agency Official" means the head Historic Places prior to the agency's ered under Section 106 or Executive of Federal agwy hadng moonst. approval of any such undertaking. Order 11593) ' hat are: (1) Directly un. buny for W undertaking or a dests-(2) Section 1(3) of Executive Order dertaken by 7ederal agencies; (2) sup. nee authorised to act for the Agency 11393. May 13,1971, " Protection and ported in whole or In part through O uicial. Enhancement of the Cultural Environ-Pederal contracta, grants, subsidies.

4) " Council" means the d,isory i

ment." Section 1(3) requires that Fed-loans, loan guarantees, or other forms Council on Historic Preservauon as em eral agencies, in consultation with the of direct and indirect funding assist, tahrfahad by Title II of the Act, ancet (3) carried out pursuant to a Council, institute procedures to assure Federa! lease, permit, license, certifl- (k) " Chairman" means the Chair-that their plans and programs contrtb-ute to the preservation and enhance-case, approval, or other form of ents-man of the Advisory CouncG on His ment of non-federally owned historic tIement or permissient or. (4) proposed toric Preservation or a member des and cultural properties. by a Federal agency far Congressional nated to act for the Chairman, (3) Section 2(b) of Executive Order authortsstion or appropriation. Site-(1) " Executive Director" means the' 11593. May 13.1971, " Protection and specific undertakings affect areas and Execut ve Director of the AdMaory Enhancement of the Cultural Environ-properties that are capable of being Council on Historic Preservation as es. ment." Federal agencies are required identitled at the time of approval by tablished by Section 20% of the Act, or by Section 2(a) of the Executive Order the Pederal agency. Non site specific a designee authonsed to act for the' undertakings have effects that can be Executive Director. to locate, inventory, and nominate anticipated on National Register and (m) " State Historic Praaervation Of-properties under their jurMietion or eligible properties but cannot be iden* ficer" means the official, who is re-control to the National Register. Until tined in terms of specific geographical sponsible for d'*d'** Mag the Act

• such processes are complete. Federal, areas or properties at the time of Fed
• Mihin the State or jurisdiction, or a 1

agencies must provide the Council an eral approval. Non-site-specific under-d** Wad representative authorized opportunity to comment on proposals takings include Federal approval of to act for the State Historic Preserva. for.he transfer, sale, demolition, or State plans pursuant to Federal legis-tan Onicer. These oUh are am substantial alteration of federally i owned properties eligible for inclusion lation, development of comprehensive pointed pursuant to 36 CFR Part 61.2 In the National Register. or area Mde plans, agency recommen-by the Governors of the 50 States. (4) The President's Memorandum on dations for legislation and the estab-Quam American Samoa, the Com. Environmental Quality and Water Re-lishment or modification of regula-monwealth of Puerto Rico, the Virgin tices and planning guideltnes. Islands, the mst Territory of the Pa. sources Management The Memoran-(d) " National Register" means the cific Mands, the CommonsWth cf dum directs the Cou. I to issue final regulations under the National Histor-National Register of E!storic Places. It the Mariana Islands, and the Mayor of is a register of districts, sites, build. the District of Columbia. le Preservation Act by March 1.1979, irss, s*ructures, and objects of nation. (n) " Secretary" means the Secretary and further directs Federal agencies al. Mate, or local signinessee tu of the Interior or a cesignee author-with water resource rerpensibilJties and programs to publish procedtaes American history, architecture. ar-implementing the Act not later than cheology, and culture that is expanded ized to carry out the historte preserva-three months after promulgation of and maintained by the Secretary of tion responsibinties of the Secretary final regulations by the Council. Fed-the Interior under authority of section under the Act, Executive Order 11593, tral agencies' procedures are to be re-2(b) of the Histcric S10!J Act of 1935 and related authornies. viewed and. If they are consistent with (49 Stat. 666.16 U.S.C. 461) and Sec-(o) " Area of the undertaking's po-tion 101(a)(1) of the National Historic tential environmental impact" means the Council's regulations, approved by Preserration Act implemented that geographical area within which the Council within 60 days and pub-lished in final form. through 36 CFR Part 60. The National direct and indirect effects generated Register is published in its entirety in by the undertaking could reasonably 3 500.2 Definitions-the FsormAL Racssum each year in be expected to occur and thus cause a As used in these regulations: February. Addenda are usually pub-change in the historical, architectural, 11shed on the first Tuesday of each archeological, or cultural quauties pos. l (a) " National Histone Presermtion month. sessed by a National Register or elisi-Act" means Pub. I. 89-665, approved (e) " National Register property ble property. The boundaries of such October 15,1966, an "Act to establish a program for the preservation of ad-means a district, site, building, struc-area should be determined by the ture, or object !=cluded in the Nation, s O al in t n 31 4 ditional histerte properties throughout al Register, the Nation and for other purposes" (f) " Eligible property" means any as early as possh in the planning of (80 Stat. 915.16 U.S.C. 470, as amend-district, site, building structure, or the undertaking. ed: 84 Stat. 204 (1970). 87 Stat.139 object that meets the National Regis. (p) " Consulting parties

• means the (1973). 90 Stat.1320 (1976). 92 Stat. ter Criteria.

34Si (1973 D. hereinaf ter referred to as Agency Ofncial, the State Historic "the Act." (g) " National Register Criteria" Preservation Ofncer, and the Execu-means the criteria established by the tive Director. FIDERat REGISitt. VOt. 44. NO. 21-TUS$ CAY, JANUstY 30,19r9 - t i -~-n

6074 Ruts $ AND Rs!ULAflONS 4 I500b Criteris of effect i end adrerne J sffet. cf the Nati:nal Hist ric Preservation Act and Section 2(b) of Executive obtained pursuant to 1800.4(aX11. d. The foDowing criteria shall be used Order 11593. It is the primary respon. termine what further actions are neu to determine whether an undertaking sibility of each Agency Official re. essary to discharge the agency's af. has an e!!ect or an adverse effect in accordance with these regulations. questing Council comments to conduct firmative responsibilities to locate and the appropriate studies and to provide identify eligible properties that are (a) Crtterta'of Effect The effect of a the information necessary for an ade. within the area of the undertaking's I Federal, federally assisted or federally quate review of the effect a proposed potential environmental impact and licensed undertaking on a Nations; Register or eligible property is evalu. undertaking may have on a National that may be affected by the und ated in the context of the historical, Register or eligible property, as well asing. Such actions may include a pro-4 feasional cultural resource survey of the inlormation necessary for ade. architectural, archeological, or cultur, quate consideration of modifications the environmental impact area, or i al signficance possessed by the proper. or alterations to the proposed undet. parts of the area. If the area has not ty. An undertaking shall be considered taking that could avoid, mitigate, or previously been adequately surveyed. i to have an effect whenever any condj. minimize any adverse effects. It is the The recommendations of the State tion of the undertaking causes or may responsibility of each Agency Offletal Historic Preservation Officer should J verse. in the quality of the historical. requesting consultation with a State be followed la this matter. cause any change, beneficial or ad. t.rch'.tectural, archeological, or cultur, Historic Preservation Officer under (3) The Agency Official. In consulta. i this section to provide the information tion with the State Historic Preserva. t al characteristics that qualify the that is necessary to make an informed I tion Officer, shall apply the National property to meet the criteria of the and reasonable evaluation of whether Register criteria to all properties that National Register. An effect occurs a property meets National Register may possess any historical, architec. 4 i chen an undertaking changes the in, criteria and to determine the effect of tural, archeological, or cultural value I ttgrity of location, design, setting, ma, a proposed undertaking on a National located within the area of the under. 1 terials, workmanship feeling, or asso. Register or eligible property A1 taking's potential environmental clation of the property that contrib, though a Federal agency may re. quire impact. If either the Agency Official utes to its significance in accordance or the State Historic Preservation Of. with the National Register criteria. An non Federal parties to undertake cer. l !!cer finds that a property meets the effect may be direct or indirect. Direct tain steps required by these regula. Lions as a prerequisite to Federal National Register Criteria or a ques. t effects are caused by the undertaking action and may authorise non Federal tion esista as to whether a property 4 and occur at the same time and place. Indirect effects include those caused participation under this section ahd in meets the Criteria, the Agency Official 1 the consultation process under Section shall request a determination of ellst. by the undertaking that are later in 8M6 pursuant to approved counter. bility from the Secretary of the Intert. I time or farther removed in distance, part regulations, the ultimate respon. or in accordance with 34 CFR Part 63. but are still reasonably foreseeable. sibility for compliance with these res. The opinion of the Secretary respect. Such effects may include changes in ulations remains with the Federal ing the eligibility of a property shall i the pattern of land use, population agency and cannot be delegated by it. be conclusive for the purposes of these density or growth rate that may affect ta) Identu! cation of National Reais. regulations. If the Agency Official and j on properties of historical, architec. ter and E!fatble Properffes. It la the re. the State Historic Preservation Officer tural, archeological, or cultural signifi. sponsibility of each Federal agency to agree that no identified property I cance. meets the Criteria, the Agency Official Identify or cause to be identified any (b) Criteria of Adrerse E//cet Ad. National Register or eligible property unless the Secretary has otherwise shall document this finding and. verse effects on National Register or that is located within the area of the i eligible properties may occur under undertaking's potential environmental made a determination of eligibility I conditions which include but are not impact and that may be affected by under 36 CFR Part 63, may proceed l limited to: the undertaking with the undertaking. (1) Destruction or alteration of all or (1) The Agency Official shall consult. (4) The Agency Official shall com. ~ part of a property; the State Historic Preservation O!!!. plete the preceding steps prior to re. 1 (2) Isclation from or alteration of cer, the published lists of National questing the Council's comments pur-the property's surrounding environ. Register and e!!gible properties, public suant to Section 800.4(b)-(d). 'Ibe i ment: records, and other individuals or orga. Agency Official may. however. Initiate I (3) Introduction of visual, audible, or n12ations sith historical and cultural a request for the Council's comments atnospheric elements that are out of expertise, as appropriate, to determine simultaneously with a request for a de-character with the property or alter what historic and cultural properties termination of eligibility from the Sec-its setting; are known to be within the area of the retary when the Agency Official and (4) Neglect of a property resulting in undertaking's potential environmental the State Historic Preservation Officer its deterioration or destruction. Impact. The State Historic Preserva. agree that a property meets the Na-(5) Transfer or sale of a ' property tion Officer should provide the tional Register Criteria. Before the without adequate conditions or restric. Agency Official sith any information Council completes action pursuant to I tions regarding preservation mainte, available on known historic and cul. I800.6. the Secretary must find the nance, or use. tural properties identified in the area property eligible for inclusion in the Rrview or 1xcrvrDUAL CNDERTAKMGs (whether on the National Register or National Register. (b) not). Information on any previous sur-Determination of E//ec'f-For j { t00.4 Federal Ageng responsibilities. veys performed and an evaluation of each National Register or eligible their quality, a recommendation as to property that is located within the As early as possible before an agency the need for a survey of historic and area of the undertaking's potential en. i makes a final decision conce ning an undertaking and in any event prior to cultural properties, and iecommenda. vironmental impact, the Agency Offi-taking any action that would foreclose tiorJ as to the type of survey and cial. in consultation with the State alternatives or the Council's ability to survey methods should a survey /or Historic Preservation Officer, shall i be apply the Criteria of Effect, comment, the Agency Official shall recommended, and recommendations take the following steps to comply on boundaries of such surveys. (1800.3(a)), to determine whether the undertaking will have an effect upon with the requirements of Section 106 (2) The Agency Official shall, after the historical, architectural, archeo-due consideration of the information logical, or cultural characteristics of Pf0ERaL stellitt, VOL 44. NO. 21-TUE50aY, JANUARY 30.19rt l l 1 ,, _ _ -,-- - - - _ _ x -

_--__= - ._._ - - -.__ _= RULES AND RESULATIONS 6075 the property thtt qualified it ta meet er m*. king any irrivtrsibl2 cr irretrity-cfs responsibilities under Section 106 I National Register Criteria, able commitment that could result in of the Act. Section 2(b) of the Execu. l (1) No I//ect If the Agency Official, an adverse effect on a National Regis-tive Order, and these regulations. and in consultstion with the State Historic ter or eligible property or that would may proceed with the undertaking. 4 l Preservation Officer, finds that the foreclose the consideration of modifi-(2) If the Executive Director objects i undertaking will not affect these char. cations or alternatives to the proposed to a Determination of No Adverse acteristles, the undertaking may pro-undertaking that could avoid, miti. Effect, the Executive Director shall j eeed. The Agency Official shall docu. ga'e or minim!ze such adverse effects. specify the basis for the objection and ment each Determination of No may specify conditions which will Effect, which shall be avanable for $ 800.5 State Historic Preservation Officer eliminate the objection. As appropri-public inspection. If the State Historic responsibilities. ste, the Executive Director may con-Preservation Officer objects or other (a) The State Historic Preservation sult the Agency Official, the State timely objection is made to the Execu-Officer should participate in the Historic Preservation Officer, and tive Director to an Agency Official's review process established by these other interested parties in specifying Determination of No Effect, the Ex-regulations whenever it concerns an conditions. If the Agency Official ac-ecutive Director may redew the Deter. undertaking located within the State cepts the conditions in writing, the mination and advise the Agency Offi. Historic Preservation Officer's juris-conditions will be incorporated into cial, the State Historic Preservation diction. the agency's Determination and the l Officer and any objecting party of the (b) Unless a longer time is agreed to Executive Director's objection will be findings within 15 days. by the Agency Official, the failure of a withdrawn. The Agency Official then ( (2) I//eef determined. If the Agency State Historic Preservation Officer to win be considered to have satisfied the i Official or the Executive Director respond to an Agens Official's request I finds that the undertaking will have for consultation under Section 800.4, agency's responsibilities under Stetton 106 of the Act. Section 2(b) of the Ex. an effect upon these characteristics, within 30 days after receipt sha!! hot ecuti?e Order. and these regulations. i the Agency Official, in consultation prohibit the Agency Official frzt pro-and may proceed with the undertak- ) Mth the State Historic Preservation ceeding with the review process under,ing. ~ Officer, shan apply the Criteria of Ad. these regulations. (3) If the Agency Official does not verse Effect, set forth in section (c) The State Historic Preservation accept the Executive Director's condi-800.3(b). to determine whether the Officer. with the Agency Official and tions or if the Executive Director ob-effect of the undertaking Juay be ad-the Executive Director, should partici. jects to a DeterminaHan of No Ad. Verse. pate in any consultation under verse Effect without specifying condi-(c) Determinations of no adverse f 800.6(b) and sign any Memorandum tions that would remove the objection, i effect If the f.gency Official. In con-of Agreement developed under the Executive Director shall initiate sultation with the State Historic Pres-l 800.6(c) of these regulations. Pallure the consultation process pursuant to erration Officer.11nds the effect on of a State Historic Preservation Offi. 5 800.6(b)- the historica! architectural archeo-cer to participate in a consultation (b) Consaltation Process. The logical, or cultural characteristics of under I 800.6(b) or to sign a Memoran-Agency Official. the S ate Historic i the property not to be adverse, the dum of Agreement as provided. in Preservation Officer, and the Execu-i Agency Official shan forward ade- $ 800.6(cx1) within 30 days of receipt tive Director shall be the consulting quate documentation (See i800.13(a)) witnout notifying the Executive Direc-parties to consider feasible and pru-of the Determination. including writ-to? and the Agency Official that the dent alternatives to the undertaking ten evidence of the views of the State State Historic Preservation Officer that could avoid, mitigate, or minimim His*oric Preservation Officer, to the disagrees with the terms of the Agree-adverse effects on a National Register Executive Director for review in ac-ment shall not prohibit the Executive or eugtble property. When an under-cordance with Section 800.6. If the Director and the Agency Offleial from taking involves more than one Federal State Historic Preservation Officer concluding the Agreement and having

• agency. these agencies may, upon noti-i fa!!s to respond to an Agency Official's it ratified by the Chairman in accord-fication to the Executive Director. co-l request as provided in Section 800.5 ance Mth I 800.6(cX2).

ordinate their consultation respons!- the Agency Official shan include evi-bilities through a single lead agency. dence of having contacted the State 1 800.4 Council comments. Grantees, permittees. licensees, or Historic Preservation Officer. The fonowing subsections specify other parties in interest, and repre. (d) Adrerse effect determination. If how the Council wiu respond to Feder-sentatives of national. State. or local the Agency Official finds the effect on al agency requests for the Council's units of government and pubuc and i the historical, architectural. archeo-comments required to satisfy an agen. private organizations. may be invited logical, or cultural characteristics of cy's responsibilities under Section 106 by the consulting parties to partici-the property to be adverse, or if the of the Act and Section 2(b) of the Ex. pate in the consultation process. j Executive Director does not accept an ecutive Order. (1) Preliminary case Jteport. The Agency Official's Determination of No (a) Jtesponse to determinations of no Agency Official shan provide copies of i Adverse Effect pursuant to review adverse effect (1) Upon receipt of a the report to the consultingparties at i under Section 800.6. the Agency Offi-Determination 'of No Adverse Effect the initiation of the consultation and cial shan: from an Agency Official, the Execu-make it readily available for public in-(1) Prepare and submit a Preliml-tive Director will review the Determi-spection. nary Case Report requesting the com-nation and supporting documentation. (2) On. site inspection. At the re-ments of the Council (See I 800.13(b)). Normany, the Executive Director riu quest of any of the consulting parties. (2) Notify the State Historic Preser-concur without delay. If the documen-the Agency Official shall conduct an ration Officer of this request, and tation is not adequate, the Executive on-site inspection. (3) Proceed with the consultation Director win so inforrathe Agency Of-(3) Public Information Meetina. At process set forth in i 800.6. ficial within 15 days. Unless the Ex-the request of any of the consulting (e) Suspense of action. Until the ecutive Director objects to the Deter. parties, the Executive Director shan 1 Council issues its comments under mination within *,0 days after receipt conduct a meeting open to the public. these regulations, good faith consulta-of an adequately documented Deter-where representatses of national. tion shall preclude a Federal agency mination, the Agency Official win be State, or local units of government, from taking or sanctioning any action considcred to have satisfied the agen-representatives of public or private or-i papetAt REois7Et, VOL 44. NO. 21-TUE50AY, JANUARY 30, 1979 i f 1

. = -. _ - ~ _. i { 6076, RULES AND RE2ULAMONS ganizations. and interested cit!zens quired undIt these regulations. Unless properties covered by t j may receive information and express otherwise requested by the Executive or that would foreclose th I i their views on the undertaking. Its ef. Director, the Agency Off!cial sha!! consideration of modificadons or al. fects on the National Register or eSgt. ble property, and alternate courses of prepare a proposal for inclusion in the ternatives to the proposed undertak. l Agreement that detans the actions ing that could avoid or midrate the action that could avoid. mitigate. or agreed upon by the consulting parties adverse effect. minimize any adverse effects on such properties. The Agency Official shall to be taken to avoid, tatisfactorily (4) Amendment of a Memorandum of l provide adequate facilities for the mit! ste or accept the adverse effects Agreement If a signatory detestnines on the property. The State Historic meeting near the site of the undertak. Preservation Officer's written concur. that the terms of the Memorandum of ing and shah afford appropriate notice rence shall be included la this propos. Agreement cannot be met or believes a i to the pub!!c. generany at least 15 al by the Agency Official. If the Ex. change is necessary, the signatory days in advance of the meeting. ecutive Director determines that the shan immediately request the consult. (4) Consideration of Afternafires. ing parties to consider an amendment Upon review of the proposed under. proposal represents the agreement of of the AgreemenL Amendments will the consulting parties. he shan within.be executed in tne same manner as the taking and af tcr any on site inspection 10 days forward it as a Memorandum original Age c.t. l l or public information meeting. the of Agreement to the Chairman for (5) Report os Memorandum 4/ Agree. consulting parties shall determine ratification pursuant to 1800.6(cX2). mest Within 90 days after car whzther there are feasible and pru. dint alternatives to avoid the adverse If the Executive Director determines out the terms of the Agreement, the effzets on National Register or eligible that the proposal does not adequately' Agency Official ahan report to an alg. represent the agreement reached by-property. If the -consulting parties cannot the consulting partier, it may be re. natories on the actions taken. (d) Council Xestings. The CouncR - avoid, they shall consult further to de. agree on an alternauve to ~ turned to the Agency OfDetal, or a does not hold i termine if t5ere are alternauves that seamarandum of Agreement revising hearings to develop Its ea==*nts could satidactorny mitigste the ad. the proposal may be submitted to the under these reguladons. Reports and i verse effecte. Agency Official and the State Elstoric *===*= w1R be presented to the (5) Avoidance or Sati4fsetory Xiff. Preservation Officer. As appropriate Council in open session in accordance other parties in interest may be invit, i pation of Adrerse Effect If the con. ed by the consulting parties to unli-wfC. a prearranged agenda. Regular sulting parties agree upon a feasible cate their concurrence with the pro. occur quarterly. meetings of the CouncG generaDy and prudent alternative to avoid or posal or to be a signatory to the Agree. (1) Response to Jtecommendation /br } satisfactorily mitigate the adverse ef. m ent. fects of the undertaking on the Na-Coneiderstics at Councif Xseting i tional Register or e!!sible property, (2) Jtevieto of Xemorandum o/Apree. Upon receipt of a notice and recom-ment Upon receipt of an executed ' mandation from the Executive Diree. i they shan execute a Memorandum of Memorandum of Agreement, the tar concerning consideration of a pro. - Agreement in accordance with Chairman shan institute a 30-day posed undertaking at a Council meet. } f 800.6(c) speelfying how the undertak. review period:-;Talens the Chairman ing. the Chairman shan dete j ing wul proceed to avoid or mitigate notifles the Agency Official that the within 15 days whether or not the u the adverse effect. (6) Acceptance of Jdverse I//ect If matter has been placed on the agenda dertaking will be considered and shall i the consulting parties determine that.the Agreementfor consideration at a CouncQ meeting, notify the Executive Director, t there are no feasible and prudent al-shan become final { ternatives that could avoid or satisfac-when rat 10ed by the Chairman or Agency Official, and the State Elstoric Preservation Officer of his decision. torny mitigate the adverse effects and upon the expiration of the 30 day The Agency Official shan and the i review period with no action taken. State Historic Preservation Officer agree that it is in the public interest to Copies will be provided to signatories should provide such reports and info proceed with the proposed undertak-and notice of executed Memoranda of i ing'. they shan execute a Memoran-Agreement shan be pubushed in the mation as may be required to assist !800.6(c) acknowledging this determf-FrornAL RzctsTza The Memorandum the Chaifman in this determination, dum of Agreement in accordance with i nation and specify;ng any recording, of Agreement should be included in If the Chairman decides against con-i salvage or other measures to minfm!** the final environmental impact state-sideration gf the undertaking at a CouncD tsetting, a written summary the adverse effects that shall be taken ment prepared pursuant to the Na-of the undertaking. any recommends-i before the undertaking proceeds. tional Environmental Policy Act. tions for action by the Federal agency, (~) Taffure to Agree. Upon the failure (3) Effect of Xemorandum of Agree-and the decision shan be sent to each t of the censulting parties to agree upon ment Agreements duly executed in ac. member of tl.e Council.The Chairman cordance with these regulations shan shan also notify the Agency Official the terms for a Memorandum of constitute the comments of the Coun-Agreement, or upon notice of such cil and shall eddence satisfaction of and the State Elstoric Preservation 3 i failure by any of the consulting par-the Federal agency's responsibilities the decision. If three members of the Officer and other parties in interest of j ties to the Executive Director, the Ex-for the proposed undertaking under CouncD object within 10 days of the ecutive Director shall nodfy the Section 106 of the Act. Section 2(b) of Chairman's decision, the undertaking i Chairman within fifteen days and the Executive Order, and these regula. shan be scheduled for consideration a i shan recommend whether or not the tions. Fanure to carry out the terms of a CouncQ meeting. Unless three mem matter should be scheduled for consid. a Memorandum of Agreement requires bers of the CouncD object, the chair-i eration at a Counc!! meeting. The Agency Official and the State Historic that the Federal sgency again request man ahan notify the Agency Official. the Council's comments in accordance the State Historic Preservation Offt-Preservation Officer shall be notifled with these regulations. In such in. cer, and other parties in interest in in writing of the Executive Director's stances, untH the Council 1ssues its writing that the undertaking may pro. recommendation. (c) /!emorandum of Agreement-(I) comments under these regulations the ceed. Such notice shall be evidence of Prescrctton o/Nemerandum of Agree-Agency Officid shan not take or sanc-satisfaction of the Federal agency's re. 4 tion any action or make any irrevers. l ment. It shan be the responsibility of Ible or irretrievable commitment that sponsibilities for the proposed under. j the Executive Director to prepare could result in an adverse effect with Section 2(b) of the Executive Order, taking under Section 106 of the Act, q each.hmorandum of Agreement re. respect to National Register or eligible and these regulations. I PES $4At RIGl$ttR, VOt. 44. NO. 21-fUS$0AY, JANUARY 30, 1979 N ~. -

RULES AND RE3ULATIONS 6077 (2) Deefsfo : to Consider the Under-Ing. Corr.ments shan be made to the ecutive Order and these regulations. tckt*ta. When the Counct! 3111 consid. head of the Federal acency requesting The Councu may issue a final report er an undertaking at a meeting, the comment or having respens!bility for to the President and Congress under Chairman shan either desisnate five the undertr. king. Immediately after authority of Section 202(b) of the Act members as a panel to hear the matter the comments are'made to the Federal describing the actions taken by the on behalf of the fuU Council, or sched. agency, the ccmments of the CouncH agency in response to the Council's t.le the matter for consideration by wul be forwarded to the President and comments including recommendations the full Counet!. Congress as a special report under au. for changes in Federal policy and pro-(1) A panel shall consist of three thority of Section 202(b) of the Act grams, as appropriate. non Federal members. cne as Chair-and a nctice of ava!! ability win be pub-(8) Continutng Keriete Jurisdiction. man; and tso Federal members, nei. lished in the FCEaA2, Rzcrstra. The When the Counen has met and com. ther of whom shall represent the Fed. comments of the Council shan be mented upon an undertaking that will eral agency involved in the undertak-available to the State Historic Preser-require subsequent site-specific under. ing. The panel shall meet to consider vation Officer, other parties in inter-takings by a Federal agency, the the undertaking within 30 days of the est, and the public upon receipt of the Council's comment extends only to the Chairman's decision unless the Agency comments by the head of the Federal undertaking as reviewed. The Agency Official agrees to a longer time. Agency. The comments of the Council Official shan ensure thst subsequent (11) The fun Council will consider an should be included in the final envi-actions related to the undertaking undertaking at the next regularly ronmental impact statement prepared that have not been considered by the scheduled meeting and no less than 60 pursuant to the National Environmen-Council will be submitted to the Coun-days from the date of the Chairman's tal Policy Act. c3 for review in accordance with these decision. In exceptional cases the (6) Ret teto of Panaf Dectrion. Upon reguistions. . Chairman. may schedule the matter receipt of the panel's comments after for consideration at a special meeting a meeting, the head of the Federal ! 800.7 Resources diseevered during com. of the full Council to be held less than agency shan take these comments into structica. 60 days from the date of the decision. account in reachmt a decision in (a) Federaf Agency ResponsibEttes. (iii) Prior to any panel or full Coun-regard to the proposed undertaking. If If a Federal agency has previously met til consideration of a matter, the the agency determines not to fonow its responsibuities for identified Na-Chairman win notify the Agency Off1.the panel's comments the Agency Of-tional Register and eligible properties cial and the State Historic Preserva. ficial shall immediately provide writ-under Section 106 of the Act. Section tion Ofncer, and other parties in inter-ten notice of this decision to the Coun. 2(b) of the Executive Order, these res-est of the date on which the undertal-cil. The Chairman may convene a ulations, and the National Environ. ing win be considered. *1"he Executive meeting of the full Council to consider mental Policy Act (42 U.S.C. 4321 et Director, the Agency Ofncial, and the the matter within 30 days of receipt of seq.), and an Agency Official finds or State Historic PreservsDon Officer such notice. In the interim period the is notified after contruction has start. shan prepare repcrts in accordance Agency Official shan not take or sanc-ed that an undertaking win have an with I 800.13. Reports required from tion any action or make any irrevers-effect on a previously unidentified Na-the Agency Ofncial and the State His. Ible or irretrievable commitment that tional Register or eligible property, toric Preservatien Ofncer must be re-could result in an adverse effect on the Federal agency may fulful its re-ceived by the Executive Director at the National Register or eligible prop-spensibilities under Section 106 of the least 21 days before any meeting. Fan-erty or that would forec1cse the Coun-Act. Section 2(b) of the Executive ute by the Federal agency to submit cil's consideration of modifications or Order, and these regulations by com. !!s report may result in postponement alternatives to the proposed undertak* plying with the requirements of the of consideration of the undertskMg ing that could avoid or mitigste the Archeological and Historic Preserra. (3) afecting Notice Generany. 21 adverse effect. If the Chairman de* tion Act (16 U.S.C. 469(a)) as imple-days notice of all meetings involving cides against consideration of the pro-mented by the Secretary, unless the Council review of undertakings in ac-posed undertaking, the consulting par

• Secretary determines that the signifi-cordance with these regulations shan ties shan be immediately notified and cance of the property, the effect. and be given by publication in the FCERAt, the under'sk! g may proceed.

gny proposed mitjgation actions Tar-Rzcts;ra. In exceptional cases, no less (7) Agency Action in Response to rant Council consideration. If the Sec-than 7 days notice shan be given.by Council Comments. Upon receipt of retary determines the Council's com-publication in the Fc::1A:. RtcIstra, the Council's comments after a meet

• i ments are warranted, the Agency Off!-

l (4) Statemenis to tat CouncfL An ing. the head of the Federal' agency cial shah request the comments of the l agenda shall provide for oral state-shan take these comments into ac-Council. j ments from the Executive Director; et,unt in renrhme a f!nal decision in (b) Couneff Comments. Within 30 the Agency OfUciat other parties in regard to the proposed undertak*f days of receipt of a request for com-interest; the Secretary of the Interior: When a final decision regarding the ments from an Agency Ofncial under the State Historic Preservation Offi-proposed undertaking is reached by this section, the Executive Director, cer: representatives of national. State, the Federal agency, the Agency Off!* with the concurrence of the Chair. or local units of government, and in-cial shan submit a written report to man, shan transmit comments on 8erested public and private organiza-the Councu describing the actions behalf of the Council to the Agency tions and individuals. Parties wishing taken by the Federal Agency in re-Official or the Chairman. shan con-to make oral remarks should notify sponse to the Council's comments; the vene a meeting of the Council pursu-8he Executive Director at least two actions taken by other parties pursu-ant to I 800.6. 6ays in advance of the meeting. Par-ant to the actions of the Federal ties wishing to have their statements Agency; and the effect that such me. FDERA:, Pmocat." CooRDINATroN distributed to Council members prior tions wiu have on the affected Nation-to the meeting should send copies of al Register or eligible property. Re. I M 8. Programmatic 3Iemorands of the statements to the Executive Direc-ceipt of this Report by the Chairman Agreement. tot at least 7 days in advance, shan be evidence that the agency has (a) Applicction At the request of an (5) Comments c/ the Couneff. The satisfied its responsibilities for the Agency Official, the Council win con-critten comments of the Councu w31 reposed undertaking under Section sider execution of a Prcgraw atic be issued within 15 days after a meet-106 of the Act. Section 2(b) of the Ex. Memorandum of Agreement to fulfin FEDEtt.t sEGisfit. VOL. 44. NO. 21-rUESDAY, JANUARY 30. 1979 l \\

6,078 RULES AND RE2ULATIONS an estney's responsibilities undrr Sec. tion 106 of the Act and Section 2(b) of ceivzd and completion of any neces-agencies should coordinate NEPA 1 1 the Executive Order for a particular sary revisions, the Executive Director, program or class of undertakings that the Agency Official, and other parties, compliance with the separate respons!- sould otherwise require numerous in-L! appropriate, shall sign the Agree-bilities of the National Historic Preser-1 i dividual requests for comments under ment and it shall be sent to the Chair-vation Act and Executive Order 11593 these regulations. Within 30 days after man for ratification, to ensure that historic and cultural the request. the Executive Director (e) Chairman's Revietc. Upon receipt properties are given proper considera. i will notify the agency official whether of a signed Agreement, the Chairman tion in the preparation of environmen. tal assessments and environmental a Programmatic Memoranda of Agree-shall review the Agreement and within ment may be used. Generally, Pro-30 days shan take one of the following impact statements. Agency obligations actions-pursuant to the National Historic grammatic Memorandum of Agree-(1) Ratify the Agreement, at which Preservation Act and Executive Order ment may be used in the following time it will take effect. 11593 are independent from NEPA re-types of situations: (2) Submit the Agreement to the full quirements and must be complied with (1) Non-site-specific undertakings, Council for approval. even when an environmental impact including Federal approval of State i plans pursuant to Federal legislation, (3) Disapprove the Agree nent. statement is not required. Agencies (D I//eef of the Aareement An sp-should also be aware that the thresh. development of comprehensive or i proved Programmatic Memotandum old for compilance with Section 106 area. wide plans, agency recommends-i tions*for legislation, and the establish-Agreement shall constitute the and the Executive Order is less than of ment or modification of regulauons commenta of the CouncG on an indi-that for preparation of an environ-and planning guidelines. vidual undertakings carried out pursu-mental impact statement. The former (2) Undertakings that are repetitive ant to the terms of the Agreement appues to any Pederal, federally assist. and, unless otherwise provided by the ed or federaHF licensed undertaking l in nature and have essentially the same effect on National Register or Agreement, shall satisfy the agency's having an effect on a National Regis- } eligible propertl 's. responsibDities under Section 106 of ter or e!!sible property, while the (3) Programs that are designed to the Act Section 2(b) of the Executive Istter extends only to major Feders! actions significantly affecting the further the preservation and enhance-Order, and these regulations for all i human environment. Where both rnent of Natiot.a1 Register or ehstole undertakings carried out in accord-ance with the Agnement. NEPA and the Act or Executive Order properties. (g) Notice. Notice of an approved are applicable the Conned on Envi-(4) Programs with statutory time PR +mtSc Agreement shall be ronntental Quality, in its National En-limits for project application and ap. proval that T ould not permit compli. published by the Councilin the Fsosa-vironmental Poli y Act-Regulations ance with these regulations in the at, RastsTsa. Copies shall be distribut- (40 CFR 1502.26i. directs that draft normal manner. ed through appropriate A-95 clearing. environmental impact statements pre. houses and the consulting parties pared under Section 102(2XC) of (b) Consultation Process. Upon de-termination by the Executive Director shall make copies readily available to NEPA thall to the fullest extent pos-that a Programmatic Memorandum of the pubile. The Program== tic Memo-sible, be prepared with and integrated randum of Agreement should be in-with other environmentalimpact anal. Agreement is appropriate, the Agency cluded in the final environmental yses and related surveys and studies Official and the Executive Director shall consult to develop a Program. impact statement prepared pursuant required by other authorities-such as to the National Environmental Polley the National H!storie Preservat'on Act matic Memorandum of Agreement. When the Agreement wul affect a par-and Executive Order 11593. Prepara ' Act. 11cular State or States, the appropri-(h) Term. Unless otherwise provided tion of a tiraft environmental impact i ate State Historic Preservation Officer by the Agreement, duly executed Pro-statement may fulfill the require-may be a party to the consultation, grammatic Memorandum of Agree-ments tor reporu and documentation When the Agreement avolves issues ment shah remain in effect until re-hader these authorttles. I national in scope, the President of the voked by any one of the signatories. Circulation of the statement for National Conference of State Elstoric The Agency Official shan submit a comment pursuant to Section Preservation Officers or a designated report annually to the Executive Di-102(2XC) of NEPA shan constitute a consultation. The Executive Directorrepresentative may be a party to the* tions taken ptarsu request for Council comments under i Section 800.4 of these regulations if may invite other parties, including ment, including any recommendations Pederal asencies so request in co7er other Federal agencies with responsi-for modification or termination of the letters chculated with draft envir u-j j bSities which may be affected by the Agreement. The Executive Director mental impact statements. To coordi. Agreement, to participate in the con-and other signatories shall review the nate the independent responsibGities j sultation and may hold a Public Infor-report and determino whether modiff-of the Act and NEPA. Pederal agen-mation Meeting (see i800.6(bx31) on cation or termination of the Agree-cies should undertake comp!!ance with the proposed Agreement. ment is appropriate. these regulations whenever National Register or eligible properties may be (c) Preparation of the Agreement Ig iIM Coodnation Etr Agency b affected by an undertaking The fol-shall be the responsibuity of the Ex. guirements Under the Nationni Emet-lowing subsections indicate the appro-ecutive Director to prepare each roamental Policy Act (42 U.SA 4321 et priate means of coordinating the sub-Agreement. At least 30 days before ex-

• • 91 stance and timing of agency compli-ecuting an Agreement, the Council shall publish notice of the proposed Section 101(bX4) of the National En; ance with NEPA, Section 106, and See-tion 2(b)- The Council will review Agreement in the FEDEaAt, Racistra vironmental Policy Act (NEPA) de-clares that one objective of national agency environmental impact state-inviting comments from Federal, environmental policy is to " preserve ments in accordance with this section.

State, and local r-gencies and the m public. The Council will make copies important historie, cultural, and natu-Artherence to these provisions wGl pro-available to interested parties arf to ral aspects of our national heritage vide Federal agencies with an ade-appropriate A-95 clearinghouses, and maintain, wherever possible, au quate record of the consideration of (d) Execution of the Agreement environment which supports diversity National Register and eligible proper-After consideration of comments re-and variety of individual choice." In ties during the planning process and i order to meet this objective Federal wul facilitate the productu.n of a [ single document to meet tM require-FtoftAt REG 4575R, VOt. M, MO. 21-7UE$oAY, JANUARY 30,19tf sw-w m m m- ,wmmw-,-------*me-ar-,-aw,,,-r--,,wm m.v----n-e,-,- -,a----wm--w------v.

m RULES AND RE2ULATICNS 6079 ments of NEPA, Section 106, E'xecu; draft environmtntal impact statcmint. the Cr.uncil and mad 2 readily available tive Order 11593. and these regula. Agencies should include all available to the public Agencies are also en. I tions. relevant information on National Reg-couraged to publish explanatory guld. (a) It is normally intended that the ister and e!!gible properties, the ef-ance for the procedures. Sect 5n 106/ Executive Order com. fects of the undertaking and alterna-mer ing period run concurrently with tive courses of action so that the draft i BR11 Counterpart regulations. the NEPA review process. Initiation of environmental impact statement can Individual Federal agencies may, in the consideration of historic and cul. be submitted as the preliminary case accordance with Section 1(3) of the l tural resources should coincide with report under I 800.13(b) of these regu. Executive Order, the President's the initiation of other emironmental lations. In some instances, the Section Memorandum on Environmental Qual-reviews. To the maximum extent pos. 106/ Executive Order commenting ity and Water Resources Mannrement. l sible. agencies should reflect the process will be completed prior to issu-and these regulations, choose to adopt status of compItance with Section 106, ance of a draft environmental impact counterpart regulations related to the Executive Order, and these regula. statement. In that event, the com-their specific programs and authorities tions in all documents prepared under ments of the Council shculd be includ-to assist in meeting their responsibil-NEPA (em-tronmental assessments, ed in the draft. itles under Section 106 of the Act and draft emironmental impact state-(e) Completion of the Council com-Section 2(b) of the Executive Order. 4 ments, and final environmental impact menting process in accordance with (a) Responsibilities of individual ' statements) to provide the public with these regulations'should precede issu-Federal agencies pursuant to $ 800.4 l the fullest and most complete infor-ance of the final eLvironmental may be met by counterpart regula. mation avaHable on effects on historic impact statement. Comments of the tions jointly drafted by that agency 1 and cultural resources and alternatives Councu obtained pursuant to $800.6 and the Executive Director and ap-i to reduce those effects. If the com-or $ 800.8 of these regulaticas should proved by the Chairman. The Federal menting process under Section 106 and be incorporated into the find state

• agency shall provide ample opportuni-j the Executive Order is not completed ment..

ty for public participation in the devel-i before the final environmental impact (f) The Council. in its review of envi* opment of such counterpart. regula-i statement is issued, as with undertak. ronmental impact statements for un* tions, including publication in the Fuo-ings where subsequent design stage re. der'atrine that affect NationalRegis-Esas. RuotsTza as propoed and final ter or eligible properties, will look for views occur, agencies should include the council's comments in any supple-evidence of proper compliance with rule making with provision for a mini-mum 60 day period for public com-c: ental statement -that is prepared Section 106 of the Act. Section 2(b) of ment Once in effect such counterpart i pursuant to NEPA. the Executive Order, and these regula-regulauons may, as appropriate, su-i (b) Federal agencies should initiate tions. The Council's views on the agen* percede the requirements of I800.4. compliance with Section 106 of the cy's compliance with those authorities The Federal agency shall file ap- ) Act and the Executive Order in ac-will be included in its comments on en-provd counterpart reguladons with j cordance with these regulations vironmentalimpact statements. the Council and shall make them read-during initial emdronmental assess- ~ I ments that are undertaken to meet 9 800.10 Coordination with the Presiden. ily available to the public-

2) Counterpart ngulah w N the requirements of NEPA and agency tial Memorandum on Environmemale clude:

Quality and Water Resources Manage em-ironmental procedures. In any (1) A definition of undertaking as it event, this shoula occur no later than applies to that agency's particular ac-during the preparation of the draft en-Federal Agencies with water re-tivities and programs. vironmental impact statement. Identi-sources responsibilities shall, not later (2) Methods to identify National ~ fication of National Register and eligi-than three months after pubMention Register and eligible properties for ble properties should be carried out in of these regulations as finally adcpted each class of under' dine accordance with I 800 4 of these regu-in the FEDEaAr. Rzctstra, publish pro-(3) Methods to evaluate effects on lations. Potential effects should then cedures to implement these regula. National Register or eligible proper-l be evaluated in accordance with the tions as required by the Presidential ties, i Criteria of Effect and Adverse Effect Memorandum on Environmental Qual * (4) Authorization for non Federal in i 800.3 of these regulations. The en-ity and Water Resources Management. participation in the consultation proc-vircnmental assessment and the draft Each agency shall consult with the ess, and j em4ronmental impact statement Council while developing its proce* Standards, guidelines and other should fully describe any Natloaal dures and shall provide an opportun!* measures to ensure avoidance or miti-Register or eligible properties within ty for public review and comment on ration of adverse effects on National the area of the undertaking's potential their proposed regulations. AgencF Register and eligible properties for i emironmental impact and the nature procedures shall be effective when the each class of undertakings. of the undertaking *s effect on them. Chairman approves them as conform * (c) To the maximum extent possible. (c) If evaluation of the effect result-ing to the Presidential Memorandum counterpart regulations developed j ed in a Determination of No Effect or and these regulations. Agency proce* pursuant to this section should be in-No Adverse Effect under 9 800.4. that dures must at a minimum include ac* tergrated with agency regulations for finding, along with supporting docu. ceptable measures to prevent u mit1* the National -Environmental Polley. ' j mentation, should be included or ref. gate losses of historic or cultural re-Act, i erenced in the em-ironmental assess-sources and provisions to insure that ment and the draft environmental all, projects not yet constructed will OTuxa Paovtstons impact statement. comply with these retrulations. Addi-(d)If evaluation of the effect result-tionally, such procedures shall pre- $ 800.12 Investigation of threats te Na-ed in a Determination of Adverse scribe a clear way to identify funding tional Register and eligible properties. Effect. that finding and a copy of the ~ for emironmental mitigation'in an (a) The Council is frequently advised agency's request for the Council's agency's appropriation requests. The by State Historic Preservation Officers comments in accordance with procedures shall be approved by tP and others of undertakings that 1800.4t d x1) of these regulations Chairman within 60 days if they a threaten National Register or eligible should be included in or referenced in consistent with these regulations. properties and that appear to involve the environmental assesenent and the Once in effect they shall be filed with a Federal agency. In order to protect FEDf tat REGISTER. VOt. 44, NO. 21-TUESDAY, JANUAeY 30, 1979 i I 1 .-r

6080, RULES AND RECULATIONS these properties. th? Executiva Direc. G) A list of National Register and include a verification of the legal and tor investigates these matters, general. e!!alble properties that will be affected historical status of the property and ly by wr: ting to the Federal agency by the undertaking. including a de. an assessment of the historical, are.% that appears to te invo!ved in the un. scription of the property's physical ap-tectural, archeologtcal, or cultural s!g. dettaking. Federal agencies should re. pearance and significance: n!!!cance of the proxrty. spend to these inquiMes Mthin 30 (4) A brief statement explaining why (2) Agency O//fefct's Reporf. The days. If there is Federal involvement each of the Crtteria of Adverse EHect report from the Agency Offica! re. in the undertaking, the agency shan (See Section 800.3) was found inap;U. questing ec=ments sha:1 inc!ute a fulhll its respons:tilities under these cable; regulations. genera' d!seussion and chronology of (5) Written views of the State Eis-the proposed undertaking; an account ab) n.e Council will exercise its au-toric Preservation Officer concerning of the steps taken to comply with the ther:ty to ecmment to Federal agen. the Deter hation of No Adverse National Enttronmental Policy Act e:es under these regulations in certain Effect.if available;and. (NEPAy, any relevant supporting docu-special situations even though wr:tten (6) An estimate of the cost of the un-mentation in studies that the agency notice that an undertaking will have dertaking, identifying Federal and has cotapleted; an evaluation of the an adverse effect has not been re-non Federal shares. ceived. eHect of the undertaking upon the (b) Prelimincry Case Reports. Pre. prcperty. Mth part!cular reference to l 800.13 Reports to the Council th-!nry Case Reporta should be sub-the impact en the historical, architec-mitted with a request for em-me-ts tural, archeological, and cultural In order to meet responsibilities pursuant to Section 800A and should values: steps taken er proposed by the under these regulations, the CouneG include the following information: agency to avoid or mitigate adverse ef. presenbes that certain reports and (1) A description of the agency's !n. fects of the under*aking; a thorough documents be made avaHable to it. volvement with the proposed under. d!scussion of alternate courses

• of Th2 content of such reports is set taking with ci*.ations of.the agency's action; and azr analysis comparir4 the forth below. The purpose is to provide program authority and applicable im-advantages resulting from the under.

sufncient information for the Council plementing regulaMons. procedures. ta11=g with the disadvantages result-to evaluate the significance of affected and guidelines; ing from the adverse eHects on Na. Nr,taonal Register and elfgible proper. G) The status of this project in the tional Register or eligible properties. ties, understand the objectives and re-agency's approval process; The Agency Of!!cial shah arrange for quirements of the undensking, assess G) The s*.atus of this project'h the the submission and presentation of th? eMeet in terr.s of the crf teria spec. agency's Natlocal Environmental any repor*. by a grantee, permittee.11-ifled in these regulations, and analyr.e Policy Act co --Un-e process and the censee, or other party receir.nz Federe th2 feasitfif ty and prudence of alter. target date for completics of all enti. al assistance or approva! to carry out nttives. The Council further recog-ronmental responsibi:it!es: ~ the unde:*mkMr. n:zes that the Act requ.res that Na ' (4) A desenption of the proposed un. G) Other Eederst Jpency Repots. A gs tional Rer ster and el!gible properties dertaking including. as apprcpriate. report from any other Federal agency should te preserved "as a living pan photographs. =aps. drawings, and involved in the undertakkg cr a relat-of our community life and develop. spectfications; ed action that affects the prcperty h ment. and considers those elements. (5) A descMption of the National question, including a general descrip-in an undertaking that have relennee Reg: ster er eligible properties affected tien and thronology of that agency's beyond histcrical and cultural con. by the undenaking including a de. involvement and its relation to the un-cerns. To asnst it in weighing the scription of the picpenies' physical dertaking being cc*ared by the public interest, the Counen seeks in. appearance and significance; Counc3. formation not crJy bearing upon phys. (O A brief statement er;1aining why (4) S:cte Historic Preservction OfS teal, esthetic. or ene.ron= ental effects any of the Criteria of Adverse EHect cer's Rc; ort. A report from the State but also information ecocerrJng eco. (See ! 800.3) apply: Historic Preservation Officer should no=le, social. and other benefits or de-C) Written f.ews of the State His. include an assessment of the CrM. triments that v#J1 result from the un-toric Preserratica Officer concerning cance of the property within the State, denaking. Agencies should consider the effect on the property if avanable: preservation progra=: an evaluation of these reports in the context cf their. (8) The views of other Federal agen. the eHect of the undertaking upon the comp!!ance with the Naena) Environ-cies. Sts*e and local governments, and preperty and its specinc comF*e mental Policy Act and int erporate the other groups cr individua23. when an evaluatics cf known alternate their content in environmental assess. known: courses of action; a discussion of pres-ments. draft endronmental impact (9) A description and analysis of al-est cr proposed partici;ation of State statements and final enviren= ental ternatives that would avoid the ad-and local agencies or organizations in impact statements as specif!ed in ' verse effects; preserving or assis*ing in preserving 1 800.9. (10) A description and analysis of al-the picperty; an indication of the sup-(a) Docame.tefion for Dettf ninc. ternatives that would =itigate the ad. pcrt or opposition of units of govern- ! on of No Adverse Effecf-Adequate verse effects; and. =ent and public and private agenc'es documentation of a Determination of (11) An es.= ate of the cost of the and orgetutions within the State: No Adverse Effe:S pursuant to I 800.4 undertskmr. identifying Federal and and the recommendatics of the State should include the following infor=s-non Federal shares; Historic Preservation Officer. tion: (c) Reports for Council hitetir.g. (5) E:ecutive Director's Report. A (1) A description of the agency's in. Cctsideration of an undertaking by report from the Executive Director volvement e.th the proposed under-either the full Council or a panel pur-shall include a description of the ac-takeg with citations of the agency's suant to I 300.6 is based en reports tions taken pursuant to these regula-pro rr.m authority and applicable im-frem the Execu'Jve Director. the ticcs. an evaluatics of the effect of p:ementing regu:ations. - ocedures. Agency CHicial. the Secretary of the the undertaking on the property. a and guideimes. Interior, the State Elsterie Preserva-review of any known alternate courses GJ A desc :stien of the preposed un. t!cn Officer; and others. The reports of action, an analysis comparing the dettakmg trcluding. as ap;repriate. consist of the follot.ng-advantages resulting frc= the under-photog sphs. maps. drartngs, and (1) Secretary of the Interior's Report. taking M*h the disadvantages result-spee:ftestions: The repcrt from the Secretary shaII ing from the adverse effects on Na-FicERAL REGl5T!t VOt M, NO. 21-TUEspAY JANUARY 3c.19r9

~ RULES AND RE!ULATIONS 6081 tional Register cr Eligible properties allgible properties, determining effect, full Cr panel Council meetings and recommind;tiins for C:uncG End developing alternatives to avoid or (! 800.6(d)). and the availability of action. mitigate an adverse effect. The public other information related to the (6) Other Reports. The Council will has considerable information available review process under these regulations consider other pertinent reports. state-that could assist Federal agencies, the such as a Determination of No Effect, ments. correspondence. transcripts. State Historic Preservation Officer a Determination of No Adverse Effect, minutes, and documents received from and the Council in meeting their re-a Memorandum of Agreement (See any and all parties, public or private sponsibilities under these regulations. I800.6(c)) or a Programmat'c Memo-Reports subm!tted pursuant to tt The Council especially urges tht.t Fed. randum of Agreement (See 9 800.8). section should be received by. ' - tral agencies make every effort to in. The purpost of such notice is to Council at least 7 days prior t, a volve grantees, permittees licensees. Inform persons, agencies, and organi. Council meeting. Md other parties in interest in the zations that may be interested or af. consultation process. To this end, the fected by the proposed undertaktna of f 600.14 Supplementary Guidance. Council, the Agency Official, and the the opportunity to participate in the The Executive Director r issue State 6 Historic Preservation Officer review process uncier these regula.' further guidance to int N these should: tions. This may inclufe: regulations to assist Federsi agencies (a) Make read!!y available, to the (1) Malling notice tc those who have and State Historic Preservation Offi-extent possible, documents, materials, requested it on an invidual under-l cers in meeting their responsib!!! ties. and other information and deta con. taking or Programmatic Memorandum The guidelines are for informational carning the undertaking and effects of Agreement. purposes only and will be published in on National Register and eligible prop. c) Use of notice in locs? newspaper. l the FEDERAL RzctsTzm and will be read-erties that may be of interest to the local media, and newsletten that may ( !!y avaliable to the public. public. Such information should be be expected to reach potentially-inter-9 800.15 Public ParticipeN made available within the limits of the ested persons. Preedom of Information Act (5 U.S.C. (3) Posting of notice on. and off. site The Council encourages mavimum 552) and need not necessarily include in the area where the undertaking is public participation in the review proc. Information on budget, financial, per. Proposed to be located. ess under these regulations. The sonnel, and other proprietary matters (c) Solicit relevant information from Council. Federal agencies, and State or the specific location of archeologi. the public during the identification of National Register and eligible proper. Historic Preservation Officers should cal sites. Material to be made available-seek assistance from the public includ-to the public by the agency and tha ties, the evaluation of effects, and tte ing other Federal agencies, units of State Historic Preservation Officer consideration of altematives. local and State government, pvblic should be.provided to the public at the (d) Hold or sporaor public meetings and private organizations, individuals minimum cost permissible. on proposed undertakings and make ' and federally recognized Indian tribes (b) Make the public aware of Public diligent efforts to include the public. l in evalu;. ting _ National Register and Informstion Meetings ()800.6(b)(3))J [FR Doc. 79-3248 FDed 1-29-79; 8:45 aml e l l ~ a G 6 e s D FEDERAt REGl5TER. VOt. 44, NO. 267Ut3 DAY, JANUARY 30,1979 l i . _. - -.~ m .}}