National Historic Preservation Act Compliance. Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended (16 U.S.C. 470 et seq.), requires federal agencies to take into account the effects of their undertakings on properties eligible for inclusion in the National Register of Historic Places. An undertaking is defined as a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including those carried out by or on behalf of a federal agency; those carried out with federal financial assistance; those requiring a federal permit, license, or approval; and those subject to state or local regulation administered pursuant to a delegation or approval by a federal agency. In accordance with Section 101(b)(3) of the NHPA, the State Historic Preservation Officer (SHPO) has a specific consultative function in the Section 106 process and advises and assists federal agencies in carrying out their Section 106 responsibilities. The SHPO reflects the interests of the state and its citizens and advises the consultation process to help ensure that historic properties are considered throughout an undertaking’s planning and development. SHPO responsibilities include participating in consultation and reviewing an agency’s documentation and effect finding. Service issuance of an incidental take permit is a federal action subject to Section 106 of the NHPA. To comply with Section 106, the Service will consider the effects of permit issuance on properties listed on or eligible for listing in the National Register of Historic Places.
Appears in 4 contracts
Samples: Conservation Agreement, Conservation Agreement, Conservation Agreement
