National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

Advisory Council on Historic Preservation
§ 801.6 Coordination
with
requirements under the National Environmental Policy Act (42 U.S.C. 4321 et
seq.).
The National Historic Preservation
Act and the National Environmental
Policy Act create separate and distinct
responsibilities. The National Historic
Preservation Act applies to those aspects of a project which may affect National Register properties and those
which are eligible for listing in the National Register. The requirements for
the National Environmental Policy Act
apply to the effect that the project will
have on the human environment. To
the extent that the applicant finds it
practicable to do so, the requirements
of these two statutes should be integrated. Some projects, for reasons
other than the effects on historic properties, may require an Environmental
Impact Statement (EIS) subject to the
time requirements for a draft and final
EIS, in which case the applicant may
choose to separately relate to the
State Historic Preservation Officer, the
Department of the Interior, and the
Council for purposes of section 110(c) of
the HCDA of 1980. In that event, information in the draft EIS should indicate
that compliance with section 106 and
these regulations is underway and the
final EIS should reflect the results of
this process. Applicants are directed to
36 CFR 800.9, which describes in detail
the manner in which the requirements
of these two acts should be integrated
and applies to all UDAG applicants
under these regulations.
In those instances in which an Environmental Impact Statement will be
prepared for the project, the applicant
should consider phasing compliance
with these procedures and the preparation of the Statement.
§ 801.7 Information requirements.
(a) Information To Be Retained by Applicants Determining No Effect. (1) Recommended Documentation for a Determination of No Effect. Adequate documentation of a Determination of No Effect pursuant to § 801.3(c)(2)(i) should
include the following:
(i) A general discussion and chronology of the proposed project;
(ii) A description of the proposed
project including, as appropriate, pho-

§ 801.7
tographs, maps, drawings, and specifications;
(iii) A statement that no National
Register property or property which
meets the Criteria exist in the project
area, or a brief statement explaining
why the Criteria of Effect (See
§ 801.3(c)) was found inapplicable;
(iv) Evidence of consultation with
the State Historic Preservation Officer
concerning the Determination of No
Effect; and
(v) Evidence of efforts to inform the
public concerning the Determination of
No Effect.
(2) The information requirements set
forth in this section are meant to serve
as guidance for applicants in preparing
No Effect Determinations. The information should be retained by the applicant, incorporated into any environmental reports or documents prepared
concerning the project, and provided to
the Executive Director only in the
event of an objection to the applicant’s
determination.
(b) Reports to the Council. In order to
adequately assess the impact of a proposed project on National Register and
eligible properties, it is necessary for
the Council to be provided certain information. For the purposes of developing Council comments on UDAG
projects the following information is
required. Generally, to the extent that
relevant portions of a UDAG application meet the requirements set forth
below it will be sufficient for the purposes of Council review and comment.
(1) Documentation for Determination of
No Adverse Effect. Adequate documentation of a Determination of No Adverse
Effect pursuant to § 801.3(c)(1) should
include the following:
(i) A general discussion and chronology of the proposed project;
(ii) A description of the proposed
project including, as appropriate, photographs, maps, drawings and specifications;
(iii) A copy of the National Register
form or a copy of the Determination of
Eligibility documentation for each
property that will be affected by the
project including a description of each
property’s physical appearance and significance;
(iv) A brief statement explaining why
each of the Criteria of Adverse Effect

125

VerDate Sep<11>2014

14:32 Oct 15, 2018

Jkt 244146

PO 00000

Frm 00135

Fmt 8010

Sfmt 8010

Y:\SGML\244146.XXX

244146