§801.4. Council comments. — Inbound Citations
36 C.F.R. § 801.4
Statutory Authority
Cited by 5 regulations in release Current.
Citations to 36 U.S.C. § 801.4 as a whole
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(ii) If the applicant finds there is an effect on the property but it is not adverse, the applicant after receiving the comments of the State Historic Preservation Officer during the State Historic Preservation Officer Review Period shall forward adequate documentation (see § 801.7(a)) of the Determination, including the written comments of the State Historic Preservation Officer, if available, to the Executive Director for review in accordance with § 801.4.
Citations to §801.4(a)
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(i) If the applicant determines that the project will have no effect on any National Register property and/or property which meets the Criteria, the project requires no further review by the Council unless a timely objection is made by the Executive Director. An objection may be made by the Executive Director at any time during the UDAG application process prior to the expiration of the period for receiving objections to HUD's release of funds as specified in 24 CFR 58.31. The manner in which the Executive Director shall make an objection is set forth in § 801.4(a).
Citations to §801.4(b)
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(iii) If the applicant finds the effect to be adverse or if the Executive Director objects to an applicant's no adverse effect determination pursuant to § 801.4(a), the applicant shall proceed with the consultation process in accordance with § 801.4(b).
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(2) Preliminary Case Reports should be submitted with a request for comments pursuant to § 801.4(b) and should include the following information:(i) A general discussion and chronology of the proposed project;(iii) The status of the project in the National Environmental Policy Act compliance process and the target date for completion of all the applicant's environmental responsibilities;(iv) A description of the proposed project including as appropriate, photographs, maps, drawings and specifications;(v) A copy of the National Register form or a copy of the Determination of Eligibility documentation for each property that will be affected by the project including a description of each property's physical appearance and significance;(vi) A brief statement explaining why any of the Criteria of Adverse Effect (See § 801.3(c)(1)(b)) apply;(vii) Written views of the State Historic Preservation Officer concerning the effect on the property, if available;(viii) The views of Federal agencies, State and local governments, and other groups or individuals when known as obtained through the OMB Circular A-95 process or the environmental review process, public hearings or other applicant processes;(ix) A description and analysis of alternatives that would avoid the adverse effects;(x) A description and analysis of alternatives that would mitigate the adverse effects; and,(xi) An estimate of the cost of the project including the amount of the UDAG grant and a description of any other Federal involvement.
Citations to §801.4(c)
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(2) If the Executive Director objects to a Determination of No Adverse Effect, the consultation process pursuant to § 801.4(c) shall be initiated.