[Federal Register Volume 61, Number 230 (Wednesday, November 27, 1996)]
[Notices]
[Page 60257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30274]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 61, No. 230 / Wednesday, November 27, 1996 / 
Notices  

[[Page 60257]]



ADVISORY COUNCIL ON HISTORIC PRESERVATION


Proposed Nationwide Agreement Regarding the Protection of 
Historic Properties During Federal Agency Emergency Response Under the 
National Contingency Plan

AGENCIES: Advisory Council on Historic Preservation (ACHP); United 
States Coast Guard; United States Environmental Protection Agency; 
Department of the Interior; Department of Agriculture; Department of 
Commerce, National Oceanic and Atmospheric Administration; Department 
of Defense; and Department of Energy.

ACTION: Notice of intent to execute a nationwide programmatic agreement 
on protection of historic properties during emergency removal of oil 
and hazardous material releases.

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SUMMARY: Section 106 of the National Historic Preservation Act (NHPA) 
(16 U.S.C. 470f) requires Federal agencies to consider the effects of 
their undertakings on historic properties and to provide the ACHP a 
reasonable opportunity to comment on Federal agency decisions and 
actions that may affect historic properties. Historic properties 
include districts, sites, structures, buildings, and objects included 
in or eligible for inclusion in the National Register of Historic 
Places. Implementing regulations for the NHPA, at 36 CFR Part 800, 
provide specific procedures for compliance with Section 106 which are 
not well suited to emergency situations.
    The proposed Programmatic Agreement (PA) has been developed 
pursuant to 36 CFR 800.13 among the ACHP, the National Conference of 
State Historic Preservation Officers (NCSHPO), and Federal agencies 
that are members of the National Response Team. The purpose of the PA 
is to provide those participating Federal agencies with uniform 
procedures for consideration of historic properties during emergency 
response actions and to demonstrate the ACHP's endorsement of such 
procedures. The proposed PA provides a process for ensuring appropriate 
consideration of historic properties during emergency response actions 
and planning activities under the NCP, recognizing that the Federal On-
Scene Coordinator (OSC) may have to make emergency response decisions 
that adversely affect historic properties. The PA includes provisions 
for Federal agencies to consult with the interested public, including 
Indian tribal/Hawaiian Native organizations, in pre-incident planning 
and prior to emergency response actions that may adversely affect 
historic properties. Upon signature, compliance with the PA will be 
deemed to constitute compliance with Section 106 of the NHPA.
    Public comments on the proposed agreement should be provided within 
45 days from the date of publication of this notice. Interested members 
of the public may provide comments to, or obtain additional information 
regarding this PA, from Carol Gleichman, Advisory Council on Historic 
Preservation, Office of Planning and Review--West, 12136 W. Bayaud 
Ave., Suite 330, Lakewood, CO 80228; (303) 969-5110.

    Dated: November 21, 1996.
John M. Fowler,
Acting Executive Director.
[FR Doc. 96-30274 Filed 11-26-96; 8:45 am]
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