|
36 CFR 800: PART 800-PROTECTION OF HISTORIC AND CULTURAL PROPERTIES |
(a) Scope. The procedure in this subpart guides Agency Officials, State Historic Preservation Officers, and the Council in the conduct of the section 106 process. Alternative methods of meeting section 106 obligations are found in Section 800.7, governing review of undertakings in States that have entered into agreements with the Council for section 106 purposes, and Section 800.13, governing Programmatic Agreements with Federal agencies that pertain to specific programs or activities. Under each of these methods, the Council encourages Federal agencies to reach agreement on developing alternatives or measures to avoid or reduce effects on historic properties that meet both the needs of the undertaking and preservation concerns.
(b) Flexible application. The Council recognizes that the procedures for the Agency Official set forth in these regulations may be implemented by the Agency Official in a flexible manner relfecting differing program requirements, as long as the purposes of section 106 of the Act and these regulations are met.
(c) Timing. Section 106 requires the Agency Official
to complete the section 106 process prior to the approval of the expenditure
of any Federal funds on the undertaking or prior to the issuance of any
license or permit. The Council does not interpret this language to bar
an Agency Official from expending funds on or authorizing nondestructive
planning activities preparatory to an undertaking before complying with
section 106, or to prohibit phased compliance at different stages in planning.
The Agency Official should ensure that the section 106 process is initiated
early in the planning stages of the undertaking, when the widest feasible
range of alternatives is open for consideration. The Agency Official should
establish a schedule for completing the section 106 process that is consistent
with the planning and approval schedule for the undertaking.
Move to Section 4 of 36-CFR-800
The Vermont Heritage
Network
The University of Vermont Historic Preservation Program
Wheeler House, University of Vermont
Burlington, VT 05405
(802)656-3180
http://www.uvm.edu/~vhnet
E-mail To: vhnet@zoo.uvm.edu