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NEW HAMPSHIRE

NEW MEXICO

WISCONSIN

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MISSOURI

TEXAS

National Register Criteria of Evaluation Director, Missourt State Park Board, Post Of- Executive Director, Texas State Historical

The quality of significance in Amerifico Box 176, 1204 Jefferson Building. Jef- Survoy Committee, Post Omco Box 12276,

can history, architecture, archeology, ferson City, Mo. 66101. Capitol Station, Austin, Tex. 78701.

and culture is present in districts, sites, MONTANA

UTAR

buildings, structures, and objects of Chief of Recreation and Parks Division, De- Director, Department of Development Serv. State and local importance that possess

partment of Fish and Game, State of Mon- ices, 312 State Capitol Building, Salt Lake integrity of location design, setting, tana, Mitchell Building, Helena, Mont. City, Utah 84102.

materials, workmanship, feeling, and 59801,

association, and:

VERMONT
NEBRASKA

1. That are associated with events Director, Vermont Division of Historic sites, that have made a significant contribuDirector, The Nebraska Stato Historical Society, 1600 R Street, Lincoln, Nebr. 68608.

Pavilion Building, Montpelier, Vt. 06602.

tion to the broad patterns of our history; VIRGINIA

or NEVADA

2. That are associated with the lives Administrator, 'Division of State Parks, 201

Executive Director, Virginia Historic LandSouth Fall Street, Room 221, Nye Building,

marks Commission, 221 Governor Street, of persons significant in our past; or Richmond, Va. 23219.

3. That embody the distinctive charCarson City, Nov. 89701.

acteristics of a type, period, or method WASHINGTON

of construction, or that represent the Commissioner, Department of Resources and Director, Washington State Parks and Rec

work of a master, or that possess high reation Commission, Post Omice Box 1128, artistic values, or that represent a signifiEconomic Development, 856 State House Annex, Concord, N.H. 08301.

Olympia, Wash. 98504.

cant and distinguishable entity whose

WEST VIRGINIA
NEW JERSEY

components may lack individual distincState Historic Preservation Officer, West Vir

tion; or Commissioner, Department of Environmental Protection, Post once Box 1420, Trenton,

ginta Antiquities Commission, Old Moun- 4. That have yielded, or may be likely N.J. 08626.

tainlair, West Virginia University, Morgan- to yield, information important in pretown, W. Va. 26506.

history or history.

Criteria considerations. Ordinarily Acting Stato Planning Omcer, State Capitol,

cemeteries, birthplaces, or graves of 408 Capitol Building, Santa Fe, N. Mex. Director, State Historical Society of Wiscon87601.

sin, 816 State Street, Madison, Wis. 63706. historical figures, properties owned by

religious institutions or used for reliNEW YORK

WYOMING

gious purposes, structures that have been Commissioner of Parks and Recreation, Room

Director, Wyoming Recreation Commission, moved from their original locations, re303, South Swan Street Building, Albany, 604 East 26th Street, Box 309, Cheyenne, constructed historic buildings, properN.Y. 12226.

Wyo, 82001.

ties primarily commemorative in naNORTH CAROLINA

DISTRICT OF COLUMBIA

ture, and properties that have achieved Stato Historian and Administrator, Omice of

significance within the past 50 years Deputy Mayor, District of Columbia GovArchives and History, Department of Art,

shall not be considered eligible for the

ernment, Washington, D.C. 20004. Culture and History, 109 East Jones Street,

National Register. However, such propRaleigh, N.C. 27602.

COMMONWEALTH OF PUERTO RICO

erties will qualify if they are integral NORTH DAKOTA

Executive Director, Institute of Puerto Rican parts of districts that do meet the cri

Culture, Apartado 4184, San Juan, P.R. teria or if they fall within the following Superintendent, Stato Historical Society of

00906. North Dakota, Liberty Memorial Building,

categories: Bismarck, N. Dak. 68601.

(a) A religious property depriving priActing Director, Department of Commerce, mary significance from architectural

Government of Guam, Post Office Box 682, or artistic distinction or historical Director, The Ohio Historical Soclety, Colum

Agana, Guam 96910.

importance. bus, Ohio 43211.

(b) A building or structure removed

from its original location but which is OKLAHOMA

Planning Director, Virgin Islands Planning significant primarily for architectural President, Oklahoma Historical Society, 1108

Board, Charlotte Amalie, St. Thomas, V.I. Colcord Building. Oklahoma City, Okla.

00810.

value, or which is the surviving struc73102.

SAMOA

ture most importantly associated with a ORECON

historic person or event. Executive Secretary, Environment Quality Administrator, Stato Park Superintendent, Commission, omce of the Governor, Pago cal figure of outstanding importance if

(c) A birthplace or grave of a histori800 State Highway 'Building, Salem, Oreg.

Pago, American Samoa 96920. 97810.

there is no appropriate site or building The State Liaison Officer supervises a directly associated with his productive PENNSYLVANIA

professional survey staff in conducting a life. Deputy Executive Director, Pennsylvania His

statewide historic sites survey. From the (d) A cemetery which derives its pritorical and Museum Commission, william survey findings a comprehensive state

mary significance from graves of persons Penn Memorial Museum and Archives wide historic preservation plan is pre- of transcendent importance, from age, Building, Box 1026, Harrisburg, Pa. 17108. pared. The plan must be reviewed and from distinctive design features, or from RHODS ISLAND

approved by a high-level professional re- association with historic events.

view committee. The State Liaison OffiDirector, Rhode Island Department of Com

(e) A reconstructed building when acmunity Affairs, 180 Washington Street, then nominate properties for inclusion ment and presented in a dignified

cer, in accordance with the plan, may curately executed in a suitable environProvidence, R.I. 02903.

in the National Register. The nominated manner as part of a restoration master SOUTH CAROLINA

properties which are approved by the plan, and when no other building or Director, State Archives Department, 1430 Senato Street, Columbia, 8.0. 29211. National Park Service are entered in the structure with the same association has

survived. National Register of Historic Places by SOUTE DAKOTA the Director, Omice of Archeology and tive in intent if design, age, tradition, or

(f) A property primarily commemoraDirector, Cultural Preservation omcer, De- Historic Preservation, National Park symbolic value has invested it with its

partment of Education and Cultural Al-
fairs, Onico of Cultural Preservation, State
Service.

own historical significance.
Capitol, Plorro, 8. Dak. 67601.
The following criteria shall be used

(g) A property achieving significance by. the states in evaluating properties for

within the past 50 years if it is of excepTENNISSE

tional importance. Executive Director, Tennesseo Historical nomination to the National Register of

C. Grants for historic preservation. Commission, Stato Library and Archives Historic Places and by the National Park The National Historic Preservation Act Building, Nashville, Tonn. 87219. Service in reviewing State nominations. also authorizes a program of grants-in

GUAN

OHIO

VIRGIN ISLANDS

esses

.

.

aid to States for comprehensive state comment prior to the approval of any Impact statements (40 CFR 1500), wider historic site surveys and preserve such undertaking by the Federal agency. directs that compliance with section 109 tion plans. Grants are also authorized to (b) Section 1(3) of Executive Order (2) (C) of NEPA should, to the extent States, local governments, privato orga- 11593, May 13, 1971, "Protection and En- possible, .be combined with other statnizations, and individuals for preserva- hancement of the Cultural Environ. utory obligations such as the National tion projects in accordance with an ap- ment.” Section 1(3) requires that Fed- Historic Preservation Act and Executive proved statewide plan. All grants are eral agencies, in consultation with the Order 11593—to yleld a single document made through the States. The State Liai- Council, establish procedures regarding which meets all applicable requirements. son Officer may then distribute the funds the preservation and enhancement of To achieve this objective, Federal agento other approved public and private nonfederally owned historic and cultural cies should undertake, to the fullest exrecipients. Funds may be used for acqui- properties in the execution of their plans tent possible, compllance with the prosition, protection, rehabilitation, restora

and programs. After soliciting consulta- cedures set forth below whenever proption, and reconstruction of properties in- tion with the Federal agencies, the Ad- erties included in or eligible for inclucluded in the National Register of His- visory Council has adopted procedures, sion in the National Register are intoric Places.

set forth in 36 CFR 800.3 through 800.10, volved in a project to ensure that obliga

to achieve this objective and Federal tions under the National Historic PresADVISORY COUNCIL ON HISTORIC PRESERVATION

agencies should fulau their responsibilia, ervation Act and Executive Order 11593 ties under section 1(3) by following these

are fulfilled during the preparation of a Procedures For The Protection of procedures. The Council further recom

draft environmental impact statement Historic and Cultural Properties

mends that Federal agencies use these required_under section 102(2)(C) of Properties included in, or eligible for, procedures as a guide in the develop- NEPA. The Advisory Council recominclusion in the National Register are ment, in consultation with the Council, mends that compliance with these pro

cedures be undertaken at the earliest afforded protection under the National of their required internal procedures. Historic Preservation Act of 1966 and (c) Section 2(0) of Executive Order stages of the environmental impact

statement process to expedite review of Executive Order 11593, May 13, 1971, 11593, May 13, 1971, Protection and En

the statement. Statements on projects "Protection and Enhancement of the hancement of the Cultural EnvironCultural Environment." The Advisory ment.” Federal agencies are required, by affecting properties included in or eligiCouncil on Historic Preservation has section 2(a) of the Executive Order, to ble for inclusion in the National Register prescribed procedures for Federal agen- locate, inventory, and nominate proper- should be sent directly to the Advisory cies to follow. In accordance with these ties under their jurisdiction or control to Council for review. Al statements inauthorities these “Procedures for Pro- the National Register. Until such proc- volving historic, architectural, archeotection of Historic and Cultural Prop- are complete, Federal agencies logical, or cultural resources, whether or erties" were published in the FEDERAL must submit proposals for the transfer, not included in or eligible for inclusion

in the National Register, should be subREGISTER of January 25, 1974 (39 FR sale, demolition, or substantial alteration 3366), and had been codified in 36 CFR of federally owned properties eligible for mitted to the Department of Interior for

review. Part 800. These procedures are set forth inclusion in the National Register to the below:

800.3 Definitions. As used in these Council for review and comment. Federal

procedures: Procedures for the Protection of Historic agencies must continue to comply with · section 2(b) review requirements, even

(a) “National Historic Preservation and Cultural Properties in Accordance

after the initial Inventory is complete, Act” means Public Law 89–665, approved With Section 106 of the National His

when they obtain jurisdiction or controi October 15, 1966, an "Act to establish a toric Preservation Act and Sections 1(3) and 2(b) of Executive Order 11593 ble for inclusion in the National Register tlonal historic properties throughout the

over additional properties that are eligi- program for the preservation of add800.1 Purpose and authorities. The or when properties under their jurisdic- Nation and for other purposes," 80 stat. National Historic - Preservation Act of tion or control are found to be eligible 915, 16 0.8.C. 470, as amended, 84 Stat. 1966 created the Advisory Council on for inclusion in the National Register 204 (1970) and 87 Stat. 139 (1973) here

inafter referred to as he Act." Historic Preservation, an independent subsequent to the tittal inventory.

(b) "Executive Order” means Execu-. agency of the Executive branch of the 800.2 Coordination with agency reFederal Government, to advise the Presi- qutrements under the National Environ- tection and Enhancement of the Cul

tive Order 11593, May 13, 1971, "Prodent and Congress on matters involving mental Policy Act. Section 101(b) (4) of tural Environment, 36 FR 8921, 16 historic preservation. Its members are the National Environmental Policy Act

U.S.C. 470. the Secretary of the Interior, the Secre- (NEPA) declares that ono objective of tary of Housing and Urban Development, the national environmental policy is to action, activity, or program, or the ap

(c) “Undertaking" means any Federal the Secretary of the Treasury, the secre- "preserve important historic, cultural, proval, sanction, assistance, or support of tary of Commerce, the Attorney General, and natural aspects of our national the Secretary of Transportation, the sec- heritage and maintain, wherever pos- including but not limited to:

any other action, activity or program, retary of Agriculture, the Administrator sible, an environment which supports of the General Services Administration, diversity and variety of individual ports relating to legislation, including re

(1) Recommendations or favorable rethe Secretary of the Smithsonian Insti- choice." In order to meet this objective, quests for appropriations. The requiretution, the Chairman of the National the Advisory Council instructs Federal ment for following these procedures apTrust for Historic Preservation, and 10 agencies to coordinate NEPA citizen members appointed by the Presi- pliance with the separate responsibllities plies to both; Agency, recommendations dent on the 'basis of their outstanding of the National Historic Preservation

on their proposals service in the field of historic Act and Executive Order 11593 to ensure

agency reports on legislation initiated

elsewhere. In the latter case only the preservation.

that historic and cultural resources are The Council reviews Federal, federally given proper consideration in the prep- for the subject matter Involved will com

agency which has primary responsibility assisted, and federally licensed under- aration of environmental impact state- ply with these procedures. takings affecting cultural properties as ments. Agency obligations pursuant to

(2) New and continuing projects and defined herein, in accordance with the the National Historic Preservation Act following authorities: and Executive Order 11593 are independ. by Federal agencies; or supported in

program activities: directly undertaken (a) Section 106 of the National His

ent from NEPA and must be complied whole or in part through Federal contoric Preservation Act. Section 106 re

with even when an environmental Im- tracts, grants, subsidies, loans, or other quires that Federal, federally assisted, where both NEPA and the National His- ing a Federal lease, permit, license, cer

pact statement is not required. However, forms of funding assistance; or involvand federally licensed undertakings at- toric Preservation Act or Executive Or- tificate, or other entitlement for use. fecting properties included in the Na- der 11593 are applicable, the Council on

(3) The making, modification, or ostional Register of Historic Places be sub- Environmental Quality, in its Guidelines tablishment of regulations, rules, pro. mitted to the Council for review and for the Preparation of Environmental cedures, and policy.

com

(d) "National Register" means the impact that are included in or eligible the Executive Director and the State HisNational Register of Historic Places for inclusion in the National Register. toric Preservation Officer with a prelimiwhich is a register of districts, sites, (1) To identify properties included in nary case report, containing all relevant buildings, structures, and objects, sig- the National Register, the Agency Offi- information concerning the undertaking. nificant in American history, architec- cial shall consult the National Register, The Agency Official shall obtain such inture, archeology, and culture, main- including monthly supplements.

formation and material from any applitained by the Secretary of the Interior (2) To identify properties eligible for cant, grants or other beneficiary involved under authority of section 2(b) of the inclusion in the National Register, the in the undertaking as may be required for Historic Sites Act of 1935 (49 Stat. 666, Agency Official shall, in consultation the proper evaluation of the undertaking, 16 U.S.C. 461) and section 101(a) (1) of with the appropriate State Historic Pres- its effects, and alternate courses of the National Historic Preservation Act. ervation Officer, apply the National Reg- action. The National Register is published in its ister Criteria, set forth in 36 CFR 800.10, 800.5 Consultation process—(a) Reentirety in the FEDERAL REGISTER each to all properties possessing historical, sponse to request for comments. Upon year in February. Addenda are published architectural, archeological, or cultural receipt of a request for Advisory Council on the first Tuesday of each month. value located within the area of the un

comments pursuant to 36 CFR 800.4(e), (e) "National Register property" dertaking's potential environmental im- the Executive Director shall acknowledge means a district, site building, structure, pact. If the Agency Official determines the request and shall initiate the conor object included in the National that a property appears to meet the sultation process. Register. Criteria, or if it is questionable whether

(b) On-site inspection. At the request (f) "Property eligible for inclusion in the Criteria are met, the Agency Official of the Agency Official, the State Historic the National Register" means any dis- shall request, in writing, an opinion from Preservation Officer, or the Executive Ditrict, site, building, structure, or object the Secretary of the Interior respecting rector, the Agency Official shall conduct which the Secretary of the Interior de- the property's eligibility for Inclusion in termines is likely to meet the National the National Register. The Secretary of Director, the State Historic Preservation

an on-site inspection with the Executive Register Criteria. As these determina- the Interior's opinion respecting the eligi- Officer and such other representatives of tions are made, a listing is published in bility of a property for inclusion in the national, State, or local units of governthe FEDERAL REGISTER on the first Tues- National Register shall be conclusive for day of each month, as a supplement to

ment and public and private organizathe purposes of these procedures. the National Register.

tions that the consulting parties deem

(b) Determination of effect. For each (8) "Decision" means the exercise of property included in or eligible for inclu

appropriate. agency authority at any stage of an un

(c) Public information meeting. At sion in the National Register that is lodertaking where alterations might be cated within the area of the undertak

the request of the Agency Oficial, the made in the undertaking to modify its ing's

potential environmental impact, the

State Historic Preservation Oficer, or impact upon historic and cultural Agency Official, in consultation with the

the Executive Director, the Executive Diproperties.

rector sha nduct a mee State Historic Preservation Officer, shall

ng open to (h) "Agency Official" means the head apply the Criteria of Effect, set forth in

the public, where representatives of naof the Federal agency having responsi

tional, State, or local units of govern36 CFR 800.8, to determine whether the bility for the undertaking or a sub- undertaking has an effect upon the prop

ment, representatives of public or private ordinate employee of the

Federal agency erty. Upon applying the Criteria and organizations, and interested citizens can to whom such authority has been finding no effect, the undertaking may

receive information and express their delegated.

views on the undertaking, its effects on proceed. The Agency Official shall keep (1) "Chairman” means the Chairman adequate documentation

of a determina- historic and cultural properties, and alof the Advisory Council on Historic tion of no effect.

ternate courses of action. The Agency Preservation, or such member designated

(c) Effect established. Upon finding Official shall provide adequate facilities to act in his stead.

that the undertaking will have any effect for the meeting and shall afford appro(3) “Executive Director” means the

upon a property included in or eligible priate notice to the public in advance of Executive Director of the Advisory Coun- for inclusion in the National Register,

the meeting. cil on Historic Preservation established the Agency Official, in consultation with

(d) Consideration of alternatives. by Section 205 of the Act, or his desig- the State Historic Preservation Officer. Upon review of the pending case and nated representative.

shall apply the Criteria of Adverse Effect, subsequent to any on-site inspection and (k) "State Historic Preservation Offiset forth in 36 CFR 800.9, to determine

any public information meeting, the cer” means the official within each State, whether the effect of the undertaking is Executive Director shall consult with

the authorized by the state at the request of adverse.

Agency Oficial and State Historic Presthe Secretary of the Interior, to act as

(d) Finding of no adverse effect. Upon ervaton Officer to determine whether liaison for purposes of implementing the finding the effect not to be adverse, the

there is a feasible and prudent alterAct, or his designated representative. (1) '"Secretary” means the Secretary documentation of the determination, inAgency Oficial shall forward adequate native to avoid or satisfactorily mitigate

any adverse effect. of the Interior, or his designee author- cluding evidence of the views of the State

(e) Avoidance of adverse effect. If the ized to carry out the responsibilities of Historic Preservation Officer, to the Exec- Agency Official, the State Historic Presthe Secretary of the Interior under utive Director for review. Unless the Ex

ervation Officer, and the Executive DiExecutive Order 11593.

ecutive Director notes an objection to the rector select and unanimously agree upon 800.4 Agency procedures. At the determination within 45 days after re- & feasible and prudent alternative to earliest stage of planning or considera- ceipt of adequate documentation, the avoid the adverse effect of the undertion of a proposed undertaking, includ- Agency Official may proceed with the taking, they shall execute a Memoraning comprehensive or area-wide plan-' undertaking.

dum of Agreement acknowledging avoidning in which provision may be made (e) Finding of adverse effect. Upon

ance of adverse effect. This document for an undertaking or an undertaking finding the effect to be adverse or upon

shall be forwarded to the Chairman for may be proposed, the Agency Official notification that the Executive Director review pursuant to 36 CFR 800.6(a). shall take the following steps to comply does not accept a determination of no (f) Mitigation of adverse effect. If the with the requirements of section 106 of adverse effect, the Agency Official shall: consulting parties are unable to unanithe National Historic Preservation Act

(1) Request, in writing, the comments of mously agree upon a feasible and pruand sections 1(3) and 2(b) of Executive the Advisory Council; (2) notify the dent alternative to avoid any adverse efOrder 11593.

State Historic Preservation Officer of this fect, the Executive Director shall con(a) Identification of resources. As request; (3) prepare a preliminary case sult with the Agency Official and the early as possible and in all cases prior to report; and (4) proceed with the consul- State Historic Preservation Officer to deagency decision concerning an under- tation process set forth in 36 CFR 800.5. termine whether there is a feasible and taking, the Agency Official shall identify (f) Preliminary case report. Upon re- prudent alternative to satisfactorily properties located within the area of the questing the comments of the Advisory mitigate the adverse effect of the underundertaking's potential environmental Council, the Agency Official shall provide taking. Upon finding and unanimously agreeing to such an alternative, they (c) Decision to consider the undertak- (3) A report from any other Federal shall execute & Memorandum of Agree. ing. Upon determination that the Coun- agency having under consideration an ment acknowledging satisfactory mitiga- cll will consider an undertaking, the undertaking that will concurrently or tion of adverse effect. This document Chairman shall: (1) Schedule the mat- ultimately affect the property, includshall be forwarded to the Chairman for ter for consideration at a regular meet- ing a general description and chronology review pursuant to 36 CFR 8006(a). ing no less than 60 days from the date of that undertaking and discussion of the

(g) Memorandum of Agreement. It the request was received, or in excep- relation between that undertaking and shall be the responsibility of the Execu-, tional cases, schedule the matter for con- the undertaking being considered by the tive Director to prepare each Memoran. sideration m an unassembled or special Council; dum of Agreement required under these meeting; (2) notify the Agency Official (4) A report from the state Historic procedures. In preparation of such a

and the State Historic Preservation om- Preservation Officer to include an assessdocument the Executive Director may re- cer of the date on which comments will ment of the significance of the property; quest the Agency Official to prepare &

be considered; and (3) authorize the an identification of features of special proposal for inclusion in the Memoran- Executive Director to prepare a case value; and evaluation of the effect of the dum, detailing actions to be taken to report.

undertaking upon the property and its avoid or mitigate the adverse effect. (d) Content of the case report. For specific components; an eyaluation of

(h) Failure to avoid or mitigate ad- purposes of arriving at comments, the known alternate courses of action; a disverse effect. Upon the failure of consult- Advisory Council prescribes that certain cussion of present or proposed participaing parties to find and unanimously agree cepts reports and statements from other ganizations in preserving or assisting in

reports, be made available to it and ac- tion of state and local agencies or orupon a feasible and prudent alternative to avoid or satisfactorily mitigate the ad- interested parties. Specific informational preserving the property; an indication verse effect, the Executive Director shall requirements are enumerated below. of the support or opposition of units of request the Chairman to schedule the Generally, the requirements represent an government and public and private agenundertaking for consideration at the explication or elaboration of principles cies and organizations within the state; next Council meeting and notify the contained in the Criteria of Effect and in and the recommendations of his office; Agency Official of the request. Upon noti- the Criteria of Adverse Effect. The Coun

· (5) A report by an applicant or potenfication of the request, the Agency Om- cil notes, however, that the Act recog- tial recipient when the Council considers cial shall delay further processing of the nizes historical and cultural resources comments upon an application for a conundertaking until the Council has trans- should be preserved “as a living part of tract, grant, subsidy, loan, or other form mitted its comments or the Chairman

our community life and development.” of funding assistance, or an application has given notice that the undertaking Consequently, in arriving at final com- for a Federal lease, permit, license, cerwill not be considered at a Councu ments, the Council considers those ele- tificate, or other entitlement for use. Armeeting.

ments in an undertaking that have rangements for the submission and 800.6 Council procedures-(a) Re

relevance beyond historical and cultural presentation of reports by applicants or view of Memorandum of Agreement public interest, the Council welcomes in.. through the Agency Official having juris

concerns. To assist it in weighing the potential recipients shall be made Upon receipt of a Memorandum of formation not only bearing upon physi- diction in the matter; and Agreement acknowledging avoidance of cal, sensory, or esthetic effects but also adverse effect or satisfactory mitigation information concerning economic, social, ments,

(6) Other pertinent reports, stateof adverse effect, the Chairman shall in

correspondence, transcripts, stitute a 30-day review period. Unless the result from the undertaking. and other benefits or detriments that will minutes, and documents received by the

Council from any and all parties, public Chairman shall notify the Agency Om

(e) Elements of the case report. The cial that the matter has been placed on report on which the Council relies for to this section should be received by the

or private. Reports submitted pursuant the agenda for consideration at a Coun- comment shall consist of:

Council at least two weeks prior to a cil meeting, the memorandum shall become final: (1) Upon the expiration of rector to include a verification of the

(1) A report from the Executive Di- Council meeting.

(f) Coordination of case reports and the 30-day review period with no action taken; or (2) when signed by the Chair- legal and historical status of the prop- statements. In considerations involving man. Memoranda duly executed in ac

erty; an assessment of the historical, more than one Federal department, cordance with these procedures shall significance of the property; a statement Official requesting comment shall act as

architectural, archeological, or cultural elther directly or indirectly, the Agency constitute the comments of the Advisory indicating the special value of features 'a coordinator in arranging for a full asCouncil. Notice of executed Memoranda of Agreement shall be published in the

to be most affected by the undertaking: sessment and discussion of all interFEDERAL REGISTER monthly.

an evaluation of the total effect of the departmental facets of the problem and

undertaking upon the property; a critical prepare a record of such coordination to (b) Response to request for considera- review of any known feasible and be made available to the Council. At the tion at Council meeting. Upon receipt of prudent alternatives; and recommenda- request of the Council, the State Historic a request from the Executive Director for tions to remove or mitigate the adverse Preservation Oficer shall notify approconsideration of the proposed undertake effect;

priate governmental units and public ing at & Council meeting, the Chairman shall determine whether or not the un

(2) A report from the Agency Oficial and private organizations within the dertaking will be considered and notify requesting comment to include a general State of the pending consideration of the discussion and chronology of the pro

undertaking by the Council, and coordithe Agency Official of his decision. To

nate the presentation of written stateassist the Chairman in this determina- posed undertaking; when appropriate, an tion, the Agency Official and the State with section 102(2)(A) of the National

account of the steps taken to comply ments to the Council. Historic Preservation Officer shall pro

(g) Council meetings. The Council does Environmental Policy Act of 1969 (83 not hold formal hearings to consider vide such reports and information as may be required. If the Chairman decides

Stat. 852, 42 U.S.C. 4321): an evaluation comments under these procedures. Two against consideration at a Council meet

of the effect of the undertaking upon the weeks notice shall be given, by publicaing, he will submit a written summary of property, with particular reference to the tion in the FEDERAL REGISTER, Of all meetthe undertaking and his decision to each impact on the historic, architectural, ings involving Council review of Federal member of the Council. If any member of taken or proposed by the agency to take procedures.

Reports and statements will archeological and cultural values; steps undertakings in accordance with these the Council notes an objection to the decision within 15 days of the Chairman's into account, avoid, or mitigate adverse be presented to the Council in open sesdecision, the undertaking will be sched- effects of the undertaking; a thorough sion in accordance with a prearranged uled for consideration at a Council meet

discussion of alternate courses of action; agenda. Regular meetings of the Couning. If the Council members have no ob

and, if applicable and available, a copy of cll generally occur on the first Wednesjection, the Chairman shall notify the pared in compliance with section 102(2) the draft environmental statement pre- day and Thursday of February, May, Au

gust, and November. Agency Official at the end of the 15-day (C) of the National Environmental Pol- (h) Oral statements to the Council. A period that the undertaking may proceed. icy Act of 1969;

schedule shall provide for oral state

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ments from the Executive Director; the non-Federal undertaking that will ad- and distinguishable entity whose comreferring Agency. Ofcial presently or versely affect a property included in a ponent's may hack individual distinction; potentially involved; the applicant or eligible for inclusion in the National or potential recipients who appropriate; Register; (1) Upon request from the (4). That have yielded, or may be the State Historic Preservation Officer; President of the United States, the likely to yield, information important in and representatives of national, State, or Prestdent of the 0.8. Senate, or the prehistory or history. Local units of government and public and Speaker of the House of Representatives, (b) Criteria considerations. Ordinarily private organizations. Parties wishing to or (2) when agreed upon by a majority cemeteries, birthplaces, or graves of hismake oral remarks shall submit written vote of the members of the Council. torical figures, properties owned by relistatements of position in advance to the (b) Comment or report upon Federal gious institutions or used for religious Executive Director.

undertaking in special circumstances. purposes, structures that have been (1) Comments by the Council. The The Council will exercise its authority moved from their original locations, recomments of the Council, issued after to comment to Federal agencies in cer- constructed historic buildings, properties consideration of an undertaking at a tain special situations even written primarily commemorative in nature, and. Council meeting, Shall take the form of notice that an undertaking will have an properties that have achieved signifia three-part statement, including an in- . effect has not been received. For ex- cance within the past 50 years shall not troduction, findings, and a conclusion. ample, the Council may choose to com- be considered eligible for the National The statement shall include notice to the ment in situations where an objection is Register. However, such properties will Agency Oficial of the report required made to a Federal agency finding of “no qualify if they are integral parts of disunder 36 CFR 800.6(j) of these proce- effect."

tricts that do meet the criteria or if they dures. Comments shall be made to the 800.8 Criteria of efect. A Federal, fall within the following categories: head of the Federal Agency requesting federally assisted, or federally licensed (1) A religious property deriving pricomment or having responsibility for the undertaking shall be considered to have mary significance from architectural or undertaking. Immediately thereafter, an effect on a National Register prop- artistic distinction or historical importthe comments of the Council will be for- erty or property eligible for inclusion in ance; warded to the President and the Con- the National Register (districts, sites, (2) A buliding or structure removed gress as a special report under authority buildings, structures, and objects, in- from its original location but which is of section 202(b) of the Act and pub- cluding their settings) when any cond- the surviving structure most importantly lished as soon as possible in the FEDERAL tion of the undertaking causes or may associated with a historic person or REGISTER. Comments shall be available cause any change, beneficial or adverse, event; to the public upon receipt of the com- in the quality of the historical, architec- (3) A birthplace or grave of a historiments by the head of the Federal tural, archeological, or cultural charac- cal figure of outstanding importance if agency.

ter that qualifies the property under the there is no approprtate site or building (1) Report of agency action in re- National Register Criteria.

directly associated with his productive sponse to Council comments. When a 800.9 Criteria of adverse efect. Gen- life;

final decision on the imdertaking is erally, adverse effects occur under con- (4) A cemetery which derives its prireached by the Federal Agency, the ditions which include but are not limited mary significance from graves of perAgency Omcial shall submit a written to:

sons of transcendent importance, from report to the Council containing a de- (a) Destruction or alteration of all or age, from distinctive design features, or scription of actions taken by the Federal part of a property;

from association with historic events; Agency subsequent to the Council's com- (b) Isolation from or alteration of its (5) A reconstructed building when acments; a description of actions taken' surrounding environment;

curately executed in a suitable environby other parties pursuant to the actions (c) Introduction of visual, audible, or ment and presented in a dignified manof the Federal Agency; and the ultimate atmospheric elements that are out of ner as part of a restoration master plan, effect of such actions on the property character with the property or alter its and when no other building or structure involved. The Council may request sup- setting;

with the same association has survived; plementary reports I the nature of the (d) Transfer or sale of a federally (6) A property primarily commemoraundertaking requires them.

owned property without adequate con- tive in intent if design, age, tradition, or (k) Record of the Council. The records ditions or restrictions regarding preser- symbolic value has invested it with its of the Council shall consist of a record vation, maintenance, or use; and own historical significance; or of the proceedings at each meeting. the (e) Neglect of a property resulting in (7) A property achieving significance case report prepared by the Executive its deterioration or destruction.

within the past 50 years if it is of excepDirector, and all other reports, state- 800.10 National Register Criteria. (a) tional importance. ments, transcripts, correspondence, and “National Register Criteria” means the The following properties were listed on documents received.

following criteria established by the Sec- the National Register as of February 1, (1) Continuing review jurisdiction. retary of the Interior for use in evaluat- 1973. Those which are marked by an When the Council has commented upon ing and determining the eligibility of asterisk have been designated National an umdertaking pursuant to 36 CFR 800.6 properties for listing in the National Reg. Historic Landmarks by the Secretary of such as a comprehensive or area-wide ister:

the Interior. plan that by its nature requires sub- The quality of significance in Ameri

NATIONAL REGISTER ENTRIES sequent action by the Federal Agency, can history, architecture, archeology: the Council will consider its comments and culture is present in districts, sites,

Alabama or approval to extend only to the under- buildings, structures, and objects of State

Baldwin County taking, as reviewed. The Agency Oficial and local importance that possess integshall ensure that subsequent action re- rity of location, design, setting, mate

Gasque vicinity, Fort Morgan, western ter

minus of Alabama 180. lated to the undertaking is submitted to rials, workmanship, feeling and associa

Tensaw vicinity, Fort Mims Site, sec. 46 R. 2 the Counctl for review in accordance tion and:

E., T. 3 N. with 38 CFR 800.4(e) of these proce- (1) That are associated with events

Barbour County dures when that action is found to have that have made a significant contribu

Eufaula, Bray-Barron Home, North Eufaula an adverse effect on a property included tion to the broad patterns of our history;

Avenue, in or eltgible for inclusion in the Na- or

Eufaula, Cato House, 823 West Barbour tional Register.

(2) That are associated with the lives Stract. 800.7 Other powers of the Council of persons significant in our past; or Eufaula, Drewry-Mitchell-Moorer House, 640 (a) Comment of report upon non- (3) That-embody the distinctive char

North Eufaula Avenue. Federal undertaking. The Council will acteristics of a type, period, or method of Eufaula Fendall Han, Barbour Street. exercise the broader advisory powers, construction, or that represent the work Fartuta, Kendall Manor, 834 West Broad

Street vested by section 202(a)(1) of the Act of a master, or that possess high artistie Eularis, Klets-McNab-Doughtte House, Barto recommend measures concerning a values, or that represent significant bour Stroot.

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