MISSOURI Director, Missouri State Park Board, Post Office Box 176, 1204 Jefferson Building, Jefferson City, Mo. 65101. MONTANA Chief of Recreation and Parks Division, Department of Fish and Game, State of Montana, Mitchell Building, Helena, Mont. 59601. NEBRASKA Director, The Nebraska State Historical Society, 1500 R Street, Lincoln, Nebr. 68508. NEVADA Administrator, `Division of State Parks, 201 South Fall Street, Room 221, Nye Building, Carson City, Nev. 89701. NEW HAMPSHIRE Commissioner, Department of Resources and Economic Development, 856 State House Annex, Concord, N.H. 03301. NEW JERSEY Commissioner, Department of Environmental Protection, Post Office Box 1420, Trenton, N.J. 08625. NEW MEXICO Acting State Planning Officer, State Capitol, 403 Capitol Building, Santa Fe, N. Mex. 87501. NEW YORK Commissioner of Parks and Recreation, Room 303, South Swan Street Building, Albany, N.Y. 12226. NORTH CAROLINA State Historian and Administrator, Office of Archives and History; Department of Art, Culture and History, 109 East Jones Street, Raleigh, N.C. 27602. NORTH DAKOTA Superintendent, State Historical Society of North Dakota, Liberty Memorial Building, Bismarck, N. Dak. 58501. OHIO Director, The Ohio Historical Society, Columbus, Ohio 43211. OKLAHOMA President, Oklahoma Historical Society, 1108 Colcord Building, Oklahoma City, Okla. 73102. OREGON Administrator, State Park Superintendent, 300 State Highway Building, Salem, Oreg. 97310. PENNSYLVANIA Deputy Executive Director, Pennsylvania Historical and Museum Commission, William Penn Memorial Museum and Archives Building, Box 1026, Harrisburg, Pa. 17108. RHODE ISLAND Director, Rhode Island Department of Com munity Affairs, 150 Washington Street, Providence, R.I. 02903. SOUTH CAROLINA Director, State Archives Department, 1430 Senate Street, Columbia, S.C. 29211. SOUTH DAKOTA Director, Cultural Preservation Officer, Department of Education and Cultural Affairs, Office of Cultural Preservation, State Capitol, Pierre, S. Dak. 57501. TENNESSEE Executive Director, Tennessee Historical Commission, State Library and Archives Building, Nashville, Tenn. 87219. Director, State Historical Society of Wisconsin, 816 State Street, Madison, Wis. 53706. historical figures, properties owned by WYOMING Director, Wyoming Recreation Commission, 604 East 25th Street, Box 309, Cheyenne, Wyo, 82001. DISTRICT OF COLUMBIA Deputy Mayor, District of Columbia Government, Washington, D.C. 20004. COMMONWEALTH OF PUERTO RICO Executive Director, Institute of Puerto Rican Culture, Apartado 4184, San Juan, P.R. 00905. GUAM Acting Director, Department of Commerce, Government of Guam, Post Office Box 682, Agana, Guam 96910. VIRGIN ISLANDS Planning Director, Virgin Islands Planning Board, Charlotte Amalie, St. Thomas, V.I. 00810. SAMOA Executive Secretary, Environment Quality Commission, Office of the Governor, Pago Pago, American Samoa 96920. The State Liaison Officer supervises a professional survey staff in conducting a statewide historic sites survey. From the survey findings a comprehensive statewide historic preservation plan is prepared. The plan must be reviewed and approved by a high-level professional review committee. The State Liaison Offcer, in accordance with the plan, may then nominate properties for inclusion in the National Register. The nominated properties which are approved by the National Park Service are entered in the National Register of Historic Places by the Director, Office of Archeology and Històric Preservation, National Park Service. The following criteria shall be used by.the States in evaluating properties for nomination to the National Register of Historic Places and by the National Park Service in reviewing State nominations. religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: (a) A religious property depriving primary significance from architectural or artistic distinction or historical importance. (b) A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event. cal figure of outstanding importance if (c) A birthplace or grave of a historithere is no appropriate site or building directly associated with his productive life. (d) A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events. (e) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived. (f) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance. (g) A property achieving significance within the past 50 years if it is of exceptional importance. C. Grants for historic preservation. The National Historic Preservation Act also authorizes a program of grants-in aid to States for comprehensive statewide historic site surveys and preservation plans. Grants are also authorized to States, local governments, private organizations, and individuals for preservation projects in accordance with an approved statewide plan. All grants are made through the States. The State Lialson Officer may then distribute the funds to other approved public and private recipients. Funds may be used for acquisition, protection, rehabilitation, restoration, and reconstruction of properties included in the National Register of Historic Places. ADVISORY COUNCIL ON HISTORIC Procedures For The Protection of Historic and Cultural Properties Properties included in, or eligible for, inclusion in the National Register are afforded protection under the National Historic Preservation Act of 1966 and Executive Order 11593, May 13, 1971, "Protection and Enhancement of the Cultural Environment." The Advisory Council on Historic Preservation has prescribed procedures for Federal agencies to follow. In accordance with these authorities these "Procedures for Protection of Historic and Cultural Properties" were published in the FEDERAL REGISTER of January 25, 1974 (39 FR 3366), and had been codified in 36 CFR Part 800. These procedures are set forth below: Procedures for the Protection of Historic and Cultural Properties in Accordance With Section 106 of the National Historic Preservation Act and Sections 1(3) and 2(b) of Executive Order 11593 800.1 Purpose and authorities. The National Historic Preservation Act of 1966 created the Advisory Council on Historic Preservation, an independent agency of the Executive branch of the Federal Government, to advise the President and Congress on matters involving historic preservation. Its members are the Secretary of the Interior, the Secretary of Housing and Urban Development, the Secretary of the Treasury, the Secretary of Commerce, the Attorney General, the Secretary of Transportation, the Secretary of Agriculture, the Administrator of the General Services Administration, the Secretary of the Smithsonian Institution, the Chairman of the National Trust for Historic Preservation, and 10 citizen members appointed by the President on the basis of their outstanding service in the field of historic preservation. The Council reviews Federal, federally assisted, and federally licensed undertakings affecting cultural properties as defined herein, in accordance with the following authorities: (a) Section 106 of the National Historic Preservation Act. Section 106 requires that Federal, federally assisted, and federally licensed undertakings affecting properties included in the National Register of Historic Places be submitted to the Council for review and comment prior to the approval of any such undertaking by the Federal agency. (b) Section 1(3) of Executive Order 11593, May 13, 1971, "Protection and Enhancement of the Cultural Environment." Section 1(3) requires that Federal agencies, in consultation with the Council, establish procedures regarding the preservation and enhancement of nonfederally owned historic and cultural properties in the execution of their plans and programs. After soliciting consultation with the Federal agencies, the Advisory Council has adopted procedures, set forth in 36 CFR 800.3 through 800.10, to achieve this objective and Federal agencies should fulfill their responsibilities under section 1(3) by following these procedures. The Council further recommends that Federal agencies use these procedures as a guide in the development, in consultation with the Council, of their required internal procedures. (c) Section 2(b) of Executive Order 11593, May 13, 1971, "Protection and Enhancement of the Cultural Environment." Federal agencies are required, by section 2(a) of the Executive Order, to locate, inventory, and nominate properties under their jurisdiction or control to the National Register. Until such processes are complete, Federal agencies must submit proposals for the transfer, sale, demolition, or substantial alteration of federally owned properties eligible for inclusion in the National Register to the Council for review and comment. Federal section 2(b) review requirements, even agencies must continue to comply with after the initial inventory is complete, when they obtain jurisdiction or control over additional properties that are eligible for inclusion in the National Register or when properties under their jurisdiction or control are found to be eligible for inclusion in the National Register subsequent to the initial inventory. 800.2 Coordination with agency requirements under the National Environmental Policy Act. Section 101(b) (4) of the National Environmental Policy Act (NEPA) declares that one objective of the national environmental policy is to "preserve important historic, cultural, and natural aspects of our national heritage and maintain, wherever possible, an environment which supports diversity and variety of individual choice." In order to meet this objective, the Advisory Council instructs Federal agencies to coordinate NEPA pliance with the separate responsibilities of the National Historic Preservation Act and Executive Order 11593 to ensure that historic and cultural resources are given proper consideration in the prep aration of environmental impact statements. Agency obligations pursuant to the National Historic Preservation Act and Executive Order 11593 are independent from NEPA and must be complied com with even when an environmental impact statement is not required. However, where both NEPA and the National Historic Preservation Act or Executive Order 11593 are applicable, the Council on Environmental Quality, in its Guidelines for the Preparation of Environmental Impact Statements (40 CFR 1500), directs that compliance with section 102 (2) (C) of NEPA should, to the extent possible, be combined with other statutory obligations such as the National Historic Preservation Act and Executive Order 11593-to yield a single document which meets all applicable requirements. To achieve this objective, Federal agencies should undertake, to the fullest extent possible, compliance with the procedures set forth below whenever properties included in or eligible for inclusion in the National Register are involved in a project to ensure that obligations under the National Historic Preservation Act and Executive Order 11593 are fulfilled during the preparation of a draft environmental impact statement required under section 102(2) (C) of NEPA. The Advisory Council recommends that compliance with these procedures be undertaken at the earliest stages of the environmental impact statement process to expedite review of the statement. Statements on projects affecting properties included in or eligible for inclusion in the National Register should be sent directly to the Advisory Council for review. All statements involving historic, architectural, archeological, or cultural resources, whether or not included in or eligible for inclusion in the National Register, should be submitted to the Department of Interior for review. 800.3 Definitions. As used in these procedures: (a) "National Historic Preservation Act" means Public Law 89-665, approved October 15, 1966, an "Act to establish a program for the preservation of additional historic properties throughout the Nation and for other purposes," 80 Stat. 915, 16 U.S.C. 470, as amended, 84 Stat. 204 (1970) and 87 Stat. 139 (1973) here inafter referred to as "the Act." (b)` "Executive Order" means Execu- ̧ tection and Enhancement of the Cultive Order 11593, May 13, 1971, "Protural Environment, 36 FR 8921, 16 U.S.C. 470. action, activity, or program, or the ap(c) "Undertaking” means any Federal proval, sanction, assistance, or support of including but not limited to: any other action, activity or program, ports relating to legislation, including re(1) Recommendations or favorable requests for appropriations. The requirement for following these procedures applies to both: Agency recommendations on their own proposals for legislation and agency reports on legislation initiated elsewhere. In the latter case only the agency which has primary responsibility for the subject matter involved will comply with these procedures. (2) New and continuing projects and by Federal agencies; or supported in program activities: directly undertaken whole or in part through Federal contracts, grants, subsidies, loans, or other forms of funding assistance; or involving a Federal lease, permit, license, certificate, or other entitlement for use. (3) The making, modification, or establishment of regulations, rules, pro-. cedures, and policy. (d) "National Register" means the National Register of Historic Places, which is a register of districts, sites, buildings, structures, and objects, significant in American history, architecture, archeology, and culture, maintained by the Secretary of the Interior under authority of section 2(b) of the Historic Sites Act of 1935 (49 Stat. 666, 16 U.S.C. 461) and section 101(a)(1) of the National Historic Preservation Act. The National Register is published in its entirety in the FEDERAL REGISTER each year in February. Addenda are published on the first Tuesday of each month. (e) "National Register property" means a district, site building, structure, or object included in the National Register. (f) "Property eligible for inclusion in the National Register" means any district, site, building, structure, or object which the Secretary of the Interior determines is likely to meet the National Register Criteria. As these determinations are made, a listing is published in the FEDERAL REGISTER on the first Tuesday of each month, as a supplement to the National Register. (g) "Decision" means the exercise of agency authority at any stage of an undertaking where alterations might be made in the undertaking to modify its impact upon historic and cultural properties. (h) "Agency Official" means the head of the Federal agency having responsibility for the undertaking or a subordinate employee of the Federal agency to whom such authority has been delegated. (i) "Chairman" means the Chairman of the Advisory Council on Historic Preservation, or such member designated to act in his stead. (1) "Executive Director" means the Executive Director of the Advisory Council on Historic Preservation established by Section 205 of the Act, or his designated representative. (k) "State Historic Preservation Officer" means the official within each State, authorized by the State at the request of the Secretary of the Interior, to act as liaison for purposes of implementing the Act, or his designated representative. (1) "Secretary" means the Secretary of the Interior, or his designee authorized to carry out the responsibilities of the Secretary of the Interior under Executive Order 11593. 800.4 Agency procedures. At the earliest stage of planning or consideration of a proposed undertaking, including comprehensive or area-wide plan-`` ning in which provision may be made for an undertaking or an undertaking may be proposed, the Agency Official shall take the following steps to comply with the requirements of section 106 of the National Historic Preservation Act and sections 1(3) and 2(b) of Executive Order 11593. (a) Identification of resources. As early as possible and in all cases prior to agency decision concerning an undertaking, the Agency Official shall identify properties located within the area of the undertaking's potential environmental impact that are included in or eligible for inclusion in the National Register. (1) To identify properties included in the National Register, the Agency Official shall consult the National Register, including monthly supplements. (2) To identify properties eligible for inclusion in the National Register, the Agency Official shall, in consultation with the appropriate State Historic Preservation Officer, apply the National Register Criteria, set forth in 36 CFR 800.10, to all properties possessing historical, architectural, archeological, or cultural value located within the area of the undertaking's potential environmental impact. If the Agency Official determines that a property appears to meet the Criteria, or if it is questionable whether the Criteria are met, the Agency Official shall request, in writing, an opinion from the Secretary of the Interior respecting the property's eligibility for mclusion in the National Register. The Secretary of the Interior's opinion respecting the eligibility of a property for inclusion in the National Register shall be conclusive for the purposes of these procedures. (b) Determination of effect. For each property included in or eligible for inclusion in the National Register that is located within the area of the undertaking's potential environmental impact, the Agency Official, in consultation with the State Historic Preservation Officer, shall apply the Criteria of Effect, set forth in 36 CFR 800.8, to determine whether the undertaking has an effect upon the property. Upon applying the Criteria and finding no effect, the undertaking may proceed. The Agency Official shall keep adequate documentation of a determination of no effect. (c) Effect established. Upon finding that the undertaking will have any effect upon a property included in or eligible for inclusion in the National Register, the Agency Official, in consultation with the State Historic Preservation Officer, shall apply the Criteria of Adverse Effect, set forth in 36 CFR 800.9, to determine whether the effect of the undertaking is adverse. (d) Finding of no adverse effect. Upon finding the effect not to be adverse, the Agency Official shall forward adequate documentation of the determination, including evidence of the views of the State Historic Preservation Officer, to the Executive Director for review. Unless the Executive Director notes an objection to the determination within 45 days after receipt of adequate documentation, the Agency Official may proceed with the undertaking. (e) Finding of adverse effect. Upon finding the effect to be adverse or upon notification that the Executive Director does not accept a determination of no adverse effect, the Agency Official shall: (1) Request, in writing, the comments of the Advisory Council; (2) notify the State Historic Preservation Officer of this request; (3) prepare a preliminary case report; and (4) proceed with the consultation process set forth in 36 CFR 800.5. (f) Preliminary case report. Upon requesting the comments of the Advisory Council, the Agency Official shall provide the Executive Director and the State Historic Preservation Officer with a preliminary case report, containing all relevant information concerning the undertaking. The Agency Official shall obtain such information and material from any applicant, grants or other beneficiary involved in the undertaking as may be required for the proper evaluation of the undertaking, its effects, and alternate courses of action. 800.5 Consultation process-(a) Response to request for comments. Upon receipt of a request for Advisory Council comments pursuant to 36 CFR 800.4(e), the Executive Director shall acknowledge the request and shall initiate the consultation process. (b) On-site inspection. At the request of the Agency Official, the State Historic Preservation Officer, or the Executive Director, the Agency Official shall conduct an on-site inspection with the Executive Director, the State Historic Preservation Officer and such other representatives of national, State, or local units of government and public and private organizaappropriate. tions that the consulting parties deem (c) Public information meeting. At the request of the Agency Official, the State Historic Preservation Officer, or the Executive Director, the Executive Director shall conduct a meeting open to the public, where representatives of national, State, or local units of government, representatives of public or private organizations, and interested citizens can receive information and express their historic and cultural properties, and alviews on the undertaking, its effects on ternate courses of action. The Agency for the meeting and shall afford approOfficial shall provide adequate facilities priate notice to the public in advance of the meeting. (d) Consideration of alternatives. Upon review of the pending case and subsequent to any on-site inspection and any public information meeting, the Executive Director shall consult with the Agency Official and State Historic Preservaton Officer to determine whether there is a feasible and prudent alternative to avoid or satisfactorily mitigate any adverse effect. (e) Avoidance of adverse effect. If the Agency Official, the State Historic Preservation Officer, and the Executive Director select and unanimously agree upon a feasible and prudent alternative to avoid the adverse effect of the undertaking, they shall execute a Memorandum of Agreement acknowledging avoidance of adverse effect. This document shall be forwarded to the Chairman for review pursuant to 36 CFR 800.6(a). (f) Mitigation of adverse effect. If the consulting parties are unable to unanimously agree upon a feasible and prudent alternative to avoid any adverse effect, the Executive Director shall consult with the Agency Official and the State Historic Preservation Officer to determine whether there is a feasible and prudent alternative to satisfactorily mitigate the adverse effect of the undertaking. Upon finding and unanimously agreeing to such an alternative, they shall execute a Memorandum of Agreement acknowledging satisfactory mitigation of adverse effect. This document shall be forwarded to the Chairman for review pursuant to 36 CFR 8006(a)'. (g) Memorandum of Agreement. It shall be the responsibility of the Executive Director to prepare each Memorandum of Agreement required under these procedures. In preparation of such a document the Executive Director may request the Agency Official to prepare a proposal for inclusion in the Memorandum, detailing actions to be taken to avoid or mitigate the adverse effect. (h) Failure to avoid or mitigate adverse effect. Upon the failure of consult ing parties to find and unanimously agree upon a feasible and prudent alternative to avoid or satisfactorily mitigate the adverse effect, the Executive Director shall request the Chairman to schedule the undertaking for consideration at the next Council meeting and notify the Agency Official of the request. Upon notification of the request, the Agency Offcial shall delay further processing of the undertaking until the Council has transmitted its comments or the Chairman has given notice that the undertaking will not be considered at a Council meeting. 800.6 Council procedures-(a) Review of Memorandum of Agreement. Upon receipt of a Memorandum of Agreement acknowledging avoidance of adverse effect or satisfactory mitigation of adverse effect, the Chairman shall institute a 30-day review period. Unless the Chairman shall notify the Agency Offcial that the matter has been placed on the agenda for consideration at a Council meeting, the memorandum shall become final: (1) Upon the expiration of the 30-day review period with no action taken; or (2) when signed by the Chairman. Memoranda duly executed in ac cordance with these procedures shall constitute the comments of the Advisory Council. Notice of executed Memoranda of Agreement shall be published in the FEDERAL REGISTER monthly. (b) Response to request for consideration at Council meeting. Upon receipt of a request from the Executive Director for consideration of the proposed undertaking at a Council meeting, the Chairman shall determine whether or not the undertaking will be considered and notify the Agency Official of his decision. To assist the Chairman in this determination, the Agency Official and the State Historic Preservation Officer shall provide such reports and information as may be required. If the Chairman decides against consideration at a Council meeting, he will submit a written summary of the undertaking and his decision to each member of the Council. If any member of the Council notes an objection to the decision within 15 days of the Chairman's decision, the undertaking will be scheduled for consideration at a Council meeting. If the Council members have no objection, the Chairman shall notify the Agency Official at the end of the 15-day period that the undertaking may proceed. (c) Decision to consider the undertaking. Upon determination that the Council will consider an undertaking, the Chairman shall: (1) Schedule the matter for consideration at a regular meeting no less than 60 days from the date the request was received, or in exceptional cases, schedule the matter for consideration in an unassembled or special meeting; (2) notify the Agency Official and the State Historic Preservation Offcer of the date on which comments will be considered; and (3) authorize the Executive Director to prepare a case report. (3) A report from any other Federal agency having under consideration an undertaking that will concurrently or ultimately affect the property, including a general description and chronology of that undertaking and discussion of the relation between that undertaking and the undertaking being considered by the Council; (4) A report from the State Historic Preservation Officer to include an assessment of the significance of the property; an identification of features of special value; and evaluation of the effect of the undertaking upon the property and its (d) Content of the case report. For specific components; an evaluation of purposes of arriving at comments, the known alternate courses of action; a disAdvisory Council prescribes that certain cussion of present or proposed participareports be made available to it and ac- tion of State and local agencies or orcepts reports and statements from other ganizations in preserving or assisting in interested parties. Specific informational preserving the property; an indication requirements are enumerated below. of the support or opposition of units of Generally, the requirements represent an government and public and private agenexplication or elaboration of principles cies and organizations within the State; contained in the Criteria of Effect and in and the recommendations of his office; the Criteria of Adverse Effect. The Coun-(5) A report by an applicant or potencil notes, however, that the Act recog- tial recipient when the Council considers nizes historical and cultural resources comments upon an application for a conshould be preserved "as a living part of tract, grant, subsidy, loan, or other form our community life and development." of funding assistance, or an application Consequently, in arriving at final com- for a Federal lease, permit, license, cerments, the Council considers those ele- tificate, or other entitlement for use. Arments in an undertaking that have rangements for the submission and relevance beyond historical and cultural presentation of reports by applicants or concerns. To assist it in weighing the potential recipients shall be made public interest, the Council welcomes in- through the Agency Official having jurisformation not only bearing upon physi- diction in the matter; and cal, sensory, or esthetic effects but also information concerning economic, social, and other benefits or detriments that will result from the undertaking. (e) Elements of the case report. The report on which the Council relies for comment shall consist of: (1) A report from the Executive Director to include a verification of the tegal and historical status of the property; an assessment of the historical, architectural, archeological, or cultural significance of the property; a statement indicating the special value of features to be most affected by the undertaking; an evaluation of the total effect of the undertaking upon the property; a critical review of any known feasible and prudent alternatives; and recommendations to remove or mitigate the adverse effect; (2) A report from the Agency Official requesting comment to include a general discussion and chronology of the proposed undertaking: when appropriate, an account of the steps taken to comply with section 102(2) (A) of the National Environmental Policy Act of 1969 (83 Stat. 852, 42 U.S.C. 4321); an evaluation of the effect of the undertaking upon the property, with particular reference to the impact on the historic, architectural, archeological and cultural values; steps taken or proposed by the agency to take into account, avoid, or mitigate adverse effects of the undertaking; a thorough discussion of alternate courses of action; and, if applicable and available, a copy of the draft environmental statement prepared in compliance with section 102(2) (C) of the National Environmental Policy Act of 1969; (6) Other pertinent reports, statements, correspondence, transcripts, minutes, and documents received by the Council from any and all parties, public or private. Reports submitted pursuant to this section should be received by the Council at least two weeks prior to a Council meeting. (f) Coordination of case reports and statements. In considerations involving more than one Federal department, either directly or indirectly, the Agency Official requesting comment shall act as a coordinator in arranging for a full assessment and discussion of all interdepartmental facets of the problem and prepare a record of such coordination to be made available to the Council. At the request of the Council, the State Historic Preservation Officer shall notify appropriate governmental units and public and private organizations within the State of the pending consideration of the undertaking by the Council, and coordinate the presentation of written statements to the Council. (g) Council meetings. The Council does not hold formal hearings to consider comments under these procedures. Two weeks notice shall be given, by publication in the FEDERAL REGISTER, of all meetings involving Council review of Federal undertakings in accordance with these procedures. Reports and statements will be presented to the Council in open session in accordance with a prearranged agenda. Regular meetings of the Council generally occur on the first Wednesday and Thursday of February, May, August, and November. (h) Oral statements to the Council. A schedule shall provide for oral state ments from the Executive Director; the referring Agency Official presently or potentially involved; the applicant or potential recipient, when appropriate; the State Historic Preservation Officer; and representatives of national, State, or local units of government and public and private organizations. Parties wishing to make oral remarks shall submit written statements of position in advance to the Executive Director. (1) Comments by the Council. The comments of the Council, issued after consideration of an undertaking at a Council meeting, shall take the form of a three-part statement, including an introduction, findings, and a conclusion. The statement shall include notice to the Agency Official of the report required under 36 CFR 800.6(1) of these procedures. Comments shall be made to the head of the Federal Agency requesting comment or having responsibility for the undertaking. Immediately thereafter, the comments of the Council will be forwarded to the President and the Congress as a special report under authority of section 202(b) of the Act and published as soon as possible in the FEDERAL REGISTER. Comments shall be available to the public upon receipt of the comments by the head of the Federal agency. (j) Report of agency action in response to Council comments. When a final decision on the undertaking is reached by the Federal Agency, the Agency Official shall submit a written report to the Council containing a description of actions taken by the Federal Agency subsequent to the Council's comments; a description of actions taken by other parties pursuant to the actions of the Federal Agency; and the ultimate effect of such actions on the property involved. The Council may request supplementary reports if the nature of the undertaking requires them. (k) Record of the Council. The records of the Council shall consist of a record of the proceedings at each meeting, the case report prepared by the Executive Director, and all other reports, statements, transcripts, correspondence, and documents received. (1) Continuing review jurisdiction. When the Council has commented upon an undertaking pursuant to 36 CFR 800.6 such as a comprehensive or area-wide plan that by its nature requires subsequent action by the Federal Agency, the Council will consider its comments or approval to extend only to the undertaking as reviewed. The Agency Official shall ensure that subsequent action related to the undertaking is submitted to the Council for review in accordance with 36 CFR 800.4(e) of these procedures when that action is found to have an adverse effect on a property included in or eligible for inclusion in the National Register. 800.7 Other powers of the Council (a) Comment or report upon nonFederal undertaking. The Council will exercise the broader advisory powers, vested by section 202(a)(1) of the Act, to recommend measures concerning a non-Federal undertaking that will adversely affect a property included in or eligible for inclusion in the National Register; (1) Upon request from the President of the United States, the President of the U.S. Senate, or the Speaker of the House of Representatives, or (2) when agreed upon by a majority vote of the members of the Council. (b) Comment or report upon Federal undertaking in special circumstances. The Council will exercise its authority to comment to Federal agencies in certain special situations even written notice that an undertaking will have an effect has not been received. For example, the Council may choose to comment in situations where an objection is made to a Federal agency finding of "no effect." 800.8 Criteria of effect. A Federal, federally assisted, or federally licensed undertaking shall be considered to have an effect on a National Register property or property eligible for inclusion in the National Register (districts, sites, buildings, structures, and objects, including their settings) when any condition of the undertaking causes or may cause any change, beneficial or adverse, in the quality of the historical, architectural, archeological, or cultural character that qualifies the property under the National Register Criteria. 800.9 Criteria of adverse effect. Generally, adverse effects occur under conditions which include but are not limited to: (a) Destruction or alteration of all or part of a property; (b) Isolation from or alteration of its surrounding environment; (c) Introduction of visual, audible, or atmospheric elements that are out of character with the property or alter its setting; (d) Transfer or sale of a federally owned property without adequate conditions or restrictions regarding preservation, maintenance, or use; and (e) Neglect of a property resulting in its deterioration or destruction. 800.10 National Register Criteria. (a) "National Register Criteria" means the following criteria established by the Secretary of the Interior for use in evaluating and determining the eligibility of properties for listing in the National Register: The quality of significance in American history, architecture, archeology; and culture is present in districts, sites, buildings, structures, and objects of State and local importance that possess integrity of location, design, setting, materials, workmanship, feeling and association and: (1) That are associated with events that have made a significant contribution to the broad patterns of our history; or (2) That are associated with the lives of persons significant in our past; or (3) That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (4) That have yielded, or may be likely to yield, information important in prehistory or history. (b) Criteria considerations. Ordinarily cemeteries, birthplaces, or graves of htstorical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: (1) A religious property deriving primary significance from architectural or artistic distinction or historical importance; (2) A building or structure removed from its original location but which is the surviving structure most importantly associated with a historic person or event; (3) A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his productive life; (4) A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; (5) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; (6) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or (7) A property achieving significance within the past 50 years if it is of exceptional importance. The following properties were listed on the National Register as of February 1, 1973. Those which are marked by an asterisk have been designated National Historic Landmarks by the Secretary of the Interior. NATIONAL REGISTER ENTRIES Baldwin County Gasque vicinity, Fort Morgan, western ter- Barbour County Eufaula, Bray-Barron Home, North Eufaula Avenue. Eufaula, Cato House, 823 West Barbour Street. Eufaula, Drewry-Mitchell-Moorer House, 640 North Eufaula Avenue. Eufaula, Fendall Hall, Barbour Street. Eufaula, Kendall Manor, 534 Wast Broad Street. Eufaula, Kiels-McNab-Doughtic House, Barbour Street. |