§306108. Effect of undertaking on historic property — Inbound Citations

Citations to 54 U.S.C. § 306108 as a whole

• 16 U.S.C. § 407dd(f)

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  (f) Nothing in this section may be construed to alter or waive the requirement that the Secretary maintain the historic integrity of units of the National Park System, including compliance with section 306108 of title 54.
• 16 U.S.C. § 410cccc–3(d)(1)

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  (1) Not later than 180 days after March 12, 2019, the Secretary shall seek to enter into a programmatic agreement with the Utah State Historic Preservation Officer to add to the list of undertakings eligible for streamlined review under section 306108 of title 54 certain uses that would have limited physical impact to land in the Park.
• 16 U.S.C. § 470cc(i)

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  (i) Issuance of a permit in accordance with this section and applicable regulations shall not require compliance with section 306108 of title 54.
• 23 U.S.C. § 103(c)(5)(B)(i)

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  (i) the Secretary shall determine, through the administrative process established for exempting the Interstate System from section 306108 of title 54, those individual elements of the Interstate System that possess national or exceptional historic significance (such as a historic bridge or a highly significant engineering feature); and
• 23 U.S.C. § 103(c)(5)(C)

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  (C) Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, and section 306108 of title 54.
• 23 U.S.C. § 138(a)(2)(C)(i)(II)

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  (II) the consultation process under section 306108 of title 54; or
• 23 U.S.C. § 138(b)(2)(A)

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  (A) the Secretary has determined, in accordance with the consultation process required under section 306108 of title 54, that—

  (i) the transportation program or project will have no adverse effect on the historic site; or

  (ii) there will be no historic properties affected by the transportation program or project;
• 23 U.S.C. § 138(c)(1)(A)

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  (A) align, to the maximum extent practicable, with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and
• 23 U.S.C. § 138(c)(2)(A)(ii)(II)

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  (II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and
• 23 U.S.C. § 138(c)(3)(A)

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  (A) 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 paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (a)(2) through the consultation requirements of section 306108 of title 54.
• 23 U.S.C. § 138(c)(3)(B)

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  (B) To satisfy subsection (a)(2), each individual described in paragraph (2)(A)(ii) shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.
• 23 U.S.C. § 138(d)(2)

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  (2) The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).
• 23 U.S.C. § 138(e)

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  (e) A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.
• 42 U.S.C. § 5320(c)

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  (c) The Advisory Council on Historic Preservation shall prescribe regulations providing for expeditious action by the Council in making its comments under section 306108 of title 54 in the case of properties which are included on, or eligible for inclusion on, the National Register of Historic Places and which are affected by a project for which an application is made under section 5318 of this title.
• 42 U.S.C. § 15943(c)(1)(B)

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  (B) under section 306108 of title 54; or
• 43 U.S.C. § 3002(c)(1)(G)

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  (G) implementation of the requirements of section 306108 of title 54 (formerly known as section 106 of the National Historic Preservation Act);
• 49 U.S.C. § 303(d)(2)(A)

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  (A) the Secretary has determined, in accordance with the consultation process required under section 306108 of title 54, United States Code,² that—

  (i) the transportation program or project will have no adverse effect on the historic site; or

  (ii) there will be no historic properties affected by the transportation program or project;
• 49 U.S.C. § 303(e)(1)(A)

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  (A) align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and
• 49 U.S.C. § 303(e)(2)(A)(ii)(II)

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  (II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and
• 49 U.S.C. § 303(e)(3)(A)

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  (A) 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 paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (c)(2) through the consultation requirements of section 306108 of title 54.
• 49 U.S.C. § 303(e)(3)(B)

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  (B) To satisfy subsection (c)(2), the applicable preservation officer, the Council, and the Secretary of the Interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54.
• 49 U.S.C. § 303(f)(2)

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  (2) The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 (Public Law 89–665; 80 Stat. 917) as in effect before the repeal of that section).
• 49 U.S.C. § 303(g)

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  (g) A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.
• 49 U.S.C. § 24202(a)

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  (a) Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall submit a proposed exemption of railroad rights-of-way from the review under section 306108 of title 54 to the Advisory Council on Historic Preservation for consideration, consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).
• 54 U.S.C. § 302702(4)

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  (4) the Secretary determines, after consulting with the Indian tribe, the appropriate State Historic Preservation Officer, the Council (if the Indian tribe proposes to assume the functions of the State Historic Preservation Officer with respect to review of undertakings under section 306108 of this title), and other Indian tribes, if any, whose tribal or aboriginal land may be affected by conduct of the tribal preservation program, that—

  (A) the tribal preservation program is fully capable of carrying out the functions specified in the plan provided under paragraph (3);

  (B) the plan defines the remaining responsibilities of the Secretary and the State Historic Preservation Officer; and

  (C) the plan provides, with respect to properties neither owned by a member of the Indian tribe nor held in trust by the Secretary for the benefit of the Indian tribe, at the request of the owner of the properties, that the State Historic Preservation Officer, in addition to the tribal preservation official, may exercise the historic preservation responsibilities in accordance with sections 302302 and 302303 of this title; and
• 54 U.S.C. § 302705

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  The Council may enter into an agreement with an Indian tribe to permit undertakings on tribal land to be reviewed under tribal historic preservation regulations in place of review under regulations promulgated by the Council to govern compliance with section 306108 of this title, if the Council, after consultation with the Indian tribe and appropriate State Historic Preservation Officers, determines that the tribal preservation regulations will afford historic property consideration equivalent to that afforded by the Council’s regulations.
• 54 U.S.C. § 302706(b)

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  (b) In carrying out its responsibilities under section 306108 of this title, a Federal agency shall consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to property described in subsection (a).
• 54 U.S.C. § 304108(a)

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  (a) The Council may promulgate regulations as it considers necessary to govern the implementation of section 306108 of this title in its entirety.
• 54 U.S.C. § 304108(b)

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  (b) The Council shall by regulation establish such procedures as may be necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section 306108 of this title that affect the local governments.
• 54 U.S.C. § 306101(b)

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  (b) In consultation with the Council, the Secretary shall promulgate guidelines for Federal agency responsibilities under this subchapter (except section 306108).
• 54 U.S.C. § 306102(b)(2)

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  (2) historic property under the jurisdiction or control of the agency is managed and maintained in a way that considers the preservation of their historic, archeological, architectural, and cultural values in compliance with section 306108 of this title and gives special consideration to the preservation of those values in the case of property designated as having national significance;
• 54 U.S.C. § 306102(b)(5)

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  (5) the agency’s procedures for compliance with section 306108 of this title—

  (A) are consistent with regulations promulgated by the Council pursuant to section 304108(a) and (b) of this title;

  (B) provide a process for the identification and evaluation of historic property for listing on the National Register and the development and implementation of agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, regarding the means by which adverse effects on historic property will be considered; and

  (C) provide for the disposition of Native American cultural items from Federal or tribal land in a manner consistent with section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)).
• 54 U.S.C. § 306112

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  The Secretary shall promulgate regulations under which the requirements of this subchapter (except section 306108) may be waived in whole or in part in the event of a major natural disaster or an imminent threat to national security.
• 54 U.S.C. § 306113

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  Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant that, with intent to avoid the requirements of section 306108 of this title, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, has allowed the significant adverse effect to occur, unless the agency, after consultation with the Council, determines that circumstances justify granting the assistance despite the adverse effect created or permitted by the applicant.
• 54 U.S.C. § 306114

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  With respect to any undertaking subject to section 306108 of this title that adversely affects any historic property for which a Federal agency has not entered into an agreement pursuant to regulations issued by the Council, the head of the agency shall document any decision made pursuant to section 306108 of this title. The head of the agency may not delegate the responsibility to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been executed with respect to an undertaking, the agreement shall govern the undertaking and all of its parts.
• 54 U.S.C. § 307103(c)

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  (c) When information described in subsection (a) has been developed in the course of an agency’s compliance with section 306107 or 306108 of this title, the Secretary shall consult with the Council in reaching determinations under subsections (a) and (b).