United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2004_register executive 2010-09-23 article Rules and Regulations D09002ee1c815a83e D09002ee1c815a8bf United States Advisory Council on Historic Preservation originator org United States Government Agency or Subagency The Advisory Council on Historic Preservation (ACHP) has adopted amendments to the regulations setting forth how Federal agencies take into account the effects of their undertakings on historic properties and afford the ACHP a reasonable opportunity to comment, pursuant to Section 106 of the National Historic Preservation Act (NHPA). Most of the amendments respond to court decisions which held that the ACHP could not require a Federal agency to change its determinations regarding whether its undertakings affected or adversely affected historic properties, and that Section 106 does not apply to undertakings that are merely subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency. Other amendments clarify an issue regarding the time period for objections to "No Adverse Effect" findings and establish that the ACHP can propose an exemption to the Section 106 process on its own initiative, rather than needing a Federal agency to make such a proposal. 69 FR 40544 https://www.govinfo.gov/app/details/FR-2004-07-06/04-15218 04-15218 fr06jy04-8 RIN 3010-AA06 4310-10-P https://www.govinfo.gov/app/details/FR-2004-07-06/04-15218 https://www.govinfo.gov/content/pkg/FR-2004-07-06/html/04-15218.htm https://www.govinfo.gov/content/pkg/FR-2004-07-06/pdf/04-15218.pdf Administrative Practice and Procedure Historic Preservation Indians Inter-Governmental Relations Surface Mining 12 p. 40544 40555 69 FR 40544 Title 36 Part 800 36 CFR Part 800 RIN 3010-AA06 Protection of Historic Properties; Federal Register Vol. 69, Issue RULE 04-15218 ADVISORY COUNCIL ON HISTORIC PRESERVATION 2004-08-05 4310-10-P 04-15218 Final rule.

The Advisory Council on Historic Preservation (ACHP) has adopted amendments to the regulations setting forth how Federal agencies take into account the effects of their undertakings on historic properties and afford the ACHP a reasonable opportunity to comment, pursuant to Section 106 of the National Historic Preservation Act (NHPA). Most of the amendments respond to court decisions which held that the ACHP could not require a Federal agency to change its determinations regarding whether its undertakings affected or adversely affected historic properties, and that Section 106 does not apply to undertakings that are merely subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency. Other amendments clarify an issue regarding the time period for objections to "No Adverse Effect" findings and establish that the ACHP can propose an exemption to the Section 106 process on its own initiative, rather than needing a Federal agency to make such a proposal.

These amendments are effective August 5, 2004. If you have questions about the amendments, please call the Office of Federal Agency Programs at 202- 606-8503, or e-mail us at achp@achp.gov. When calling or sending an e- mail, please state your name, affiliation and nature of your question, so your call or e-mail can then be routed to the correct staff person. Administrative Practice and Procedure Historic Preservation Indians Inter-Governmental Relations Surface Mining Historic properties protection, achp@achp.gov www.achp.gov/106q&a.html#800.5 Vol. 69, no. 128 Office of the Federal Register, National Archives and Records Administration 2004-07-06 continuing daily deposited born digital 243 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2004-07-06 P0b002ee18096f585 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr06jy04 https://www.govinfo.gov/app/details/FR-2004-07-06 https://www.govinfo.gov/content/pkg/FR-2004-07-06/pdf/FR-2004-07-06.pdf https://www.govinfo.gov/content/pkg/FR-2004-07-06/xml/FR-2004-07-06.xml fdlp 40533 40761 DGPO 2010-09-23 2024-06-06 FR-2004-07-06 machine generated eng FR FR-2004-07-06 69 128