Sec. 1303. Satisfaction of requirements for certain historic sites
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Section 138 of title 23, United States Code, is amended by adding at the end the following: The Secretary shall— align, to the maximum extent practicable, the requirements of this section with the requirements of— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ) and the regulations promulgated pursuant to that Act; and section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ) and the regulations promulgated pursuant to that section; and coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of the provisions of law (including regulations) referred to in subparagraph
(A)by not later than 90 days after the date of enactment of this subsection. If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), the Secretary determines that no feasible or prudent alternative exists to avoid use of a historic site, the Secretary may— include that determination in the analysis; provide a notice of the determination to— each applicable State historic preservation officer and tribal historic preservation officer; the Executive Director of the Advisory Council on Historic Preservation (if the Council is participating in a relevant consultation process under section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f )); and the Secretary of the Interior; and request from each individual described in clause
(ii)a concurrence that the determination is sufficient to satisfy the requirement of subsection (a)(1). If each individual described in subparagraph (A)(ii) provides a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (a)(1) shall be required. A notice of a determination, together with each relevant concurrence to that determination, under subparagraph
(A)shall be— included in the record of decision or finding of no significant impact of the Secretary; and posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii). If the Secretary and the individuals described in paragraph (2)(A)(ii) concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to each individual described in paragraph (2)(A)(ii) a notice of the intent of the Secretary to satisfy the requirements of subsection (a)(2) through the consultation requirements of section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ). To satisfy the requirements of subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 106 of the National Historic Preservation Act (16 U.S.C. 470f). . Section 303 of title 49, United States Code, is amended— in subsection (c), in the matter preceding paragraph (1), by striking subsection
(d)and inserting subsections
(d)and
(e); and by adding at the end the following: The Secretary shall— align, to the maximum extent practicable, the requirements of this section with the requirements of— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ) and the regulations promulgated pursuant to that Act; and section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ) and the regulations promulgated pursuant to that section; and coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of the provisions of law (including regulations) referred to in subparagraph
(A)by not later than 90 days after the date of enactment of this subsection. If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4231 et seq. ), the Secretary determines that no feasible or prudent alternative exists to avoid use of a historic site, the Secretary may— include that determination in the analysis; provide a notice of the determination to— each applicable State historic preservation officer and tribal historic preservation officer; the Executive Director of the Advisory Council on Historic Preservation (if the Council is participating in a relevant consultation process under section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f )); and the Secretary of the Interior; and request from each individual described in clause
(ii)a concurrence that the determination is sufficient to satisfy the requirement of subsection (c)(1). If each individual described in subparagraph (A)(ii) provides a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (c)(1) shall be required. A notice of a determination, together with each relevant concurrence to that determination, under subparagraph
(A)shall be— included in the record of decision or finding of no significant impact of the Secretary; and posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii). If the Secretary and the individuals described in paragraph (2)(A)(ii) concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to each individual described in paragraph (2)(A)(ii) a notice of the intent of the Secretary to satisfy the requirements of subsection (c)(2) through the consultation requirements of section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ). To satisfy the requirements of subsection (c)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 106 of the National Historic Preservation Act (16 U.S.C. 470f). .
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- 42 USC 4231
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