Sec. 1005. Satisfaction of requirements for certain historic sites
825 words·~4 min read·
/bill/114/hr/3064/ih/section-1005A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 138 of title 23, United States Code, is amended by adding at the end the following: The Secretary shall seek to align the requirements of this section with the requirements of the National Environmental Policy Act ( 42 U.S.C. 4231 et seq. ) (NEPA), section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ) (referred to as section 106 in this section), and their implementing regulations and will coordinate with the Department of the Interior and the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of both within 90 days of enactment of GROW AMERICA Act.
If, in an analysis required under NEPA the Secretary determines that there is no feasible or prudent alternative to avoid a use of an historic site, the Secretary may include the Secretary’s determination in the NEPA analysis and notify the applicable State historic preservation officer, tribal historic preservation officer, the Advisory Council on Historic Preservation (if the Council is participating in the section 106 consultation process), and the Secretary of the Interior of such findings and request concurrence that such determination is sufficient to satisfy (a)(1).
If the applicable preservation officer, the Council, and the Secretary of the Interior concur, no further analysis under (a)(1) shall be required. The Secretary’s Record of Decision or Finding of No Significant Impact shall include such a finding, as well as documentation of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior. A notice of intent from the Secretary of such a finding, as well as notice of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior will be posted on an appropriate Federal website within 3 days of their occurrence.
If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in (2), the Secretary may then notify the applicable preservation officer, the Secretary of the Interior, and the Advisory Council on Historic Preservation of the Department’s intent to satisfy the conditions of (a)(2) through the consultation requirements of section 106. The applicable preservation officer, the Council, and the Secretary of the Interior must concur in the treatment of the historic site agreed upon in the Memorandum of Agreement or Programmatic Agreement developed in accordance with section 106 in order to satisfy the conditions of (a)(2). .
Section 303 of title 49, United States Code, is amended— in subsection (c), by striking subsection
(d)and inserting subsections
(d)and
(e); and by inserting at the end the following: The Secretary shall seek to align the requirements of this section with the requirements of the National Environmental Policy Act ( 42 U.S.C. 4231 et seq. ) (NEPA), section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ) (referred to as section 106 in this section), and their implementing regulations and will coordinate with the Department of the Interior and the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of both within 90 days of enactment of GROW AMERICA Act. If, in an analysis required under NEPA the Secretary determines that there is no feasible or prudent alternative to avoid a use of an historic site, the Secretary may include the Secretary’s determination in the NEPA analysis and notify the applicable State historic preservation officer, tribal historic preservation officer, the Advisory Council on Historic Preservation (if the Council is participating in the section 106 consultation process), and the Secretary of the Interior of such findings and request concurrence that such determination is sufficient to satisfy (a)(1). If the applicable preservation officer, the Council, and the Secretary of the Interior concur, no further analysis under (a)(1) shall be required. The Secretary’s Record of Decision or Finding of No Significant Impact shall include such a finding, as well as documentation of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior. A notice of intent from the Secretary of such a finding, as well as notice of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior will be posted on an appropriate Federal website within 3 days of their occurrence. If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in (2), the Secretary may then notify the applicable preservation officer, the Secretary of the Interior, and the Advisory Council on Historic Preservation of the Department’s intent to satisfy the conditions of (a)(2) through the consultation requirements of section 106. The applicable preservation officer, the Council, and the Secretary of the Interior must concur in the treatment of the historic site agreed upon in the Memorandum of Agreement or Programmatic Agreement developed in accordance with section 106 in order to satisfy the conditions of (a)(2). .
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- 42 USC 4231
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources