Appendix II to Subpart F of Part 157 - Procedures for Compliance With the National Historic Preservation Act of 1966 Under § 157.206(b)(3)(ii)
18:1.0.1.5.45.6.26.19.6 : Appendix II
Appendix II to Subpart F of Part 157 - Procedures for Compliance
With the National Historic Preservation Act of 1966 Under §
157.206(b)(3)(ii)
The following procedures apply to any certificate holder which
undertakes a project under the authority of a blanket certificate
issued pursuant to subparts E or F of part 157 and to any other
service subject to § 157.206(b) of the Federal Energy Regulatory
Commission's (Commission) regulations. For the purposes of this
appendix, the following definitions apply:
(a) “Listed property” means any district, site, building,
structure or object which is listed (1) on the National Register of
Historic Places, or (2) in the Federal Register as a property
determined to be eligible for inclusion on the National
Register.
(b) “SHPO” means the State Historic Preservation Officer or any
alternative person duly designated, in accordance with section
(1)(b) of Appendix II to Subpart F, to advise on cultural resource
matters.
(c) “Unlisted property” means any district, site, building,
structure or object which is not a listed property.
(d) “THPO” means the Tribal Historic Preservation Officer, as
defined at 36 CFR 800.2(c)(2).
The certificate holder shall be deemed to be in compliance with
§ 157.206(b)(2)(iii) of the Commission's regulations only if, prior
to constructing facilities or abandoning facilities by removal
under the blanket certificate, it complies with the following
procedures:
(1)(a) If federally administered land would be directly affected
by the project, then the procedures used by the appropriate Tribal
or Federal land managing agency to comply with section 106 of the
National Historic Preservation Act of 1966, 16 U.S.C. 470f, shall
take precedence over these procedures. The procedures in this
appendix apply to State and private lands, and Federal lands for
which there are no other Federal procedures.
(b) If there is no SHPO, or THPO, if appropriate, or if the
SHPO, or THPO, as appropriate, declines to consult with the
certificate holder, the certificate holder shall so inform the
environmental staff of the Office of Energy Projects and shall not
proceed with these procedures or the project until an alternate
consultant has been duly designated.
(2) It shall be the certificate holder's responsibility to
identify or cause to be identified listed properties and unlisted
properties that satisfy the National Register Criteria for
Evaluation (36 CFR 1202.6), that are located within the area of the
project's potential environmental impact and that may be affected
by the undertaking.
(3) The certificate holder shall:
(a) Check the National Register of Historic Places and consult
with the SHPO, or THPO, as appropriate, to identify all listed
properties within the area of the project's potential environmental
impact;
(b) Consult with the SHPO, or THPO, as appropriate, and to the
extent deemed appropriate by the SHPO, or THPO, as appropriate,
check public records and consult with other individuals and
organizations with historical and cultural expertise, to determine
whether unlisted properties that satisfy the National Register
Criteria for Evaluation are known or likely to occur within the
area of the project's potential environmental impact; and
(c) Consult with the SHPO, or THPO, as appropriate, to determine
the need for surveys to identify unknown unlisted properties. The
certificate holder shall evaluate the eligibility of any known
unlisted properties located within the area of the project's
potential environmental impact according to the National Register
Criteria for Evaluation.
(4) The certificate holder shall be deemed in compliance with §
157.206(b)(2)(iii) of the Commission's regulations if the SHPO, or
THPO, as appropriate, agrees with the certificate holder that no
survey is required, and that no listed properties or unlisted
properties that satisfy the National Register Criteria for
Evaluation occur in the area of the project's potential
environmental impact.
(5) If the SHPO, or THPO, as appropriate, determines that
surveys are required to ensure that no listed properties, or
unlisted properties that satisfy the National Register Criteria for
Evaluation, occur within the area of the project's potential
environmental impact, the certificate holder shall perform surveys
deemed by the SHPO, or THPO, as appropriate, to be of sufficient
scope and intensity to identify and evaluate such properties. The
certificate holder shall submit the results of the surveys
including a statement as to which unlisted properties satisfy the
National Register Criteria for Evaluation, to the SHPO and solicit
comments on the surveys and the conclusions.
(6) The certificate holder shall be deemed in compliance with §
157.206(b)(2)(iii) of the Commission's regulations if, upon
conclusion of the surveys, the certificate holder and the SHPO, or
THPO, as appropriate, agree that no listed properties, and no
unlisted properties which satisfy the National Register Criteria
for Evaluation, occur in the area of the project's potential
environmental impact.
(7) For each listed property, and each unlisted property which
satisfies the National Register Criteria for Evaluation, which is
located within the area of the project's potential environmental
impact, the certificate holder, in consultation with the SHPO, or
THPO, as appropriate, shall apply the Criteria of Effect (36 CFR
800.5) to determine whether the project will have an effect upon
the historical, architectural, archeological, or cultural
characteristics of the property that qualified it to meet National
Register Criteria for Evaluation. The certificate holder shall be
deemed in compliance with § 157.206(b)(2)(iii) of the Commission's
regulations if the certificate holder and the SHPO, or THPO, as
appropriate, agree that the project will not affect these
characteristics.
(8) If either the certificate holder or the SHPO, or THPO, as
appropriate, finds that the project may affect a listed property or
an unlisted property which satisfies the National Register Criteria
for Evaluation, located within the area of the project's potential
environmental impact, then the project shall not be authorized
under the blanket certificate unless such properties can be avoided
by relocation of the project to an area where the SHPO, or THPO, as
appropriate, agrees that no listed properties or unlisted
properties that satisfy the National Register Criteria for
Evaluation occur. The certificate holder shall be deemed in
compliance with § 157.206(b)(2)(iii) of the Commission's
regulations if the project is relocated as described above.
(9) If the certificate holder and the SHPO, or THPO, as
appropriate, are unable to agree upon the need for a survey, the
adequacy of a survey, or the results of application of the National
Register Criteria for Evaluation to an unlisted property, the
project shall not be authorized under the blanket certificate.
[Order 603, 64 FR 26610, May 14, 1999, as amended by Order 603-A,
64 FR 54537, Oct. 7, 1999; Order 699, 72 FR 45325, Aug. 14, 2007]