NHPA. The issuance of an enhancement of survival permit for a CCAA pursuant to section 10(a)(1)(A) of the Act is as an “undertaking” subject to the requirements of Section 106 of the National Historic Preservation Act (NHPA). Section 106 of the NHPA and its implementing regulations at 36 CFR 800, require Federal agencies to take into account the effects of their undertakings on historic properties and cultural resources and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings through consultation with the appropriate State Historic Preservation Officers (SHPO). Historic and cultural resources can include historic properties, archaeological sites and resources, and other cultural resources (e.g., historic districts, historic and prehistoric landscapes, Native American sites, etc.). Compliance with section 106 of the NHPA can be achieved in a variety of ways that depend on the type, extent, and complexity of activities that are proposed for authorization by the enhancement of survival permit. Compliance may be as simple as conducting a search of the SHPO’s archaeological site files to determine if known historic and/or cultural resources are located within the area of potential effects on the enrolled property or as involved as the property owner or Service hiring someone to conduct surveys. In all cases, the steps taken in the NHPA compliance process must be documented either in the CCAA or in the administrative record. Service staff should contact their Regional Historic Preservation Officer (RHPO), a Service staff archaeologist, and then the RHPO (or designee since not all regions have RHPO’s) can contact the SHPO so that the Service can determine the appropriate level of NHPA compliance for CCAAs that are in development. Compliance with NHPA is a necessary component of CCAA development and discussions with the RHPO or staff archaeologist, should be initiated early in the CCAA development process. i(d) Public Notification/Confidentiality As described in 50 CFR 17.22 and 17.32, we must publish a notice in the Federal Register of each application for an enhancement of survival permit. In that notice, we invite the submission of written data, views, or comments regarding the permit application. It is also our policy to make every CCAA available for public review and comment as part of this evaluation process. Some property owners may resist the idea of their names being made public during the public comment ...
NHPA. The National Historic Preservation Act of 1966 (16 U.S.C. § 470 et seq.).
NHPA. Landlord and Tenant understand that this Lease is a federal undertaking pursuant to Section 106 of NHPA (16 U.S.C. § 470f) ("Section 106") and that this Lease is entered into in accordance with Section 111 of NHPA. Landlord and Tenant acknowledge that certain activities proposed by Tenant under this Lease have the potential to have an effect on historic properties (as defined under 36 C.F.R. Part 800) and are subject to Section 106. As an occupant of historic properties, as Tenant proposes Projects, Tenant agrees to work with the SHPO through Landlord to identify methods to avoid, minimize, or mitigate adverse effects on historic properties in and outside of the Premises in accordance with NHPA. Landlord and Tenant acknowledge that should Section 106 consultation relating to a Project determine that such Project will have an adverse effect on a historic property and if Landlord, Tenant and the SHPO enter into a Memorandum of Agreement ("MOA") in accordance with the NHPA and its implementing regulations, it shall be Tenant's responsibility to carry out any mitigation or other requirements agreed to in the MOA at Tenant's sole cost and expense. As a Landlord of the Premises that includes historic property, Landlord agrees to: (i) consult with the SHPO in accordance with Section 106 on all activities proposed to be conducted by Tenant that constitutes an "undertaking" in accordance with 36 C.F.R. Part 800; (ii) include Tenant as much as possible in the Section 106 and other processes identified in NHPA; and (iii) use its best efforts to facilitate and assist Tenant in the permitting of all Projects that seek to adaptively reuse historic properties on the Premises. Unless otherwise agreed to in writing by the parties, any identification of historic resources, rehabilitation, maintenance or preservation of historic properties in connection with a Project proposed by Tenant on the Premises will be at Tenant's sole cost and expense. Tenant agrees that work related to the design, rehabilitation, and construction of historic properties will be supervised by professionals with a minimum of five (5) years' experience in historic architecture in accordance with the Secretary of the Interior's Professional Qualification Standards. Tenant shall not begin any work affecting any historic property prior to completion of the requirements contained in 36 C.F.R, Part 800 that implement Section 106. Prior to commencing work on the Premises that may result in the disturbance of...
NHPA. Unless otherwise determined in writing pursuant to Section VII (Coordination) or Section IX.I (Modifications) of this MOU, FEMA or USACE, whichever accepts the responsibility as the Lead Federal Agency, as detailed in Sections III.A, B, and C, will accept the role of Lead Federal Agency pursuant to Section 106 of the NHPA as follows:
