Exempted Categories of Programs or Projects Sample Clauses
Exempted Categories of Programs or Projects. The regulations provide that the FHWA may elect to establish a program or category of agency undertakings (projects) that may be exempted from the normal Section 106 review process. Although a significant time saving approach, such an exemption program may only be used if:
(i) the actions within the program or category (categories) would otherwise qualify as “undertakings” as defined in Section 800.16 of the regulations; and
(ii) the potential effects of the program or category (categories) upon historic properties are known or predictable, and likely to be minimal or not adverse; and]
(iii) exemption of the program or category (categories) is not inconsistent with the purposes and intent of the National Historic Preservation Act.
