Appendix A to Part 800 - Criteria for Council Involvement in Reviewing Individual section 106 Cases
36:3.0.6.1.1.3.1.4.2 : Appendix A
Appendix A to Part 800 - Criteria for Council Involvement in
Reviewing Individual section 106 Cases
(a) Introduction. This appendix sets forth the criteria
that will be used by the Council to determine whether to enter an
individual section 106 review that it normally would not be
involved in.
(b) General policy. The Council may choose to exercise
its authorities under the section 106 regulations to participate in
an individual project pursuant to the following criteria. However,
the Council will not always elect to participate even though one or
more of the criteria may be met.
(c) Specific criteria. The Council is likely to enter the
section 106 process at the steps specified in the regulations in
this part when an undertaking:
(1) Has substantial impacts on important historic
properties. This may include adverse effects on properties that
possess a national level of significance or on properties that are
of unusual or noteworthy importance or are a rare property type; or
adverse effects to large numbers of historic properties, such as
impacts to multiple properties within a historic district.
(2) Presents important questions of policy or
interpretation. This may include questions about how the
Council's regulations are being applied or interpreted, including
possible foreclosure or anticipatory demolition situations;
situations where the outcome will set a precedent affecting Council
policies or program goals; or the development of programmatic
agreements that alter the way the section 106 process is applied to
a group or type of undertakings.
(3) Has the potential for presenting procedural problems.
This may include cases with substantial public controversy that is
related to historic preservation issues; with disputes among or
about consulting parties which the Council's involvement could help
resolve; that are involved or likely to be involved in litigation
on the basis of section 106; or carried out by a Federal agency, in
a State or locality, or on tribal lands where the Council has
previously identified problems with section 106 compliance pursuant
to § 800.9(d)(2).
(4) Presents issues of concern to Indian tribes or Native
Hawaiian organizations. This may include cases where there have
been concerns raised about the identification of, evaluation of or
assessment of effects on historic properties to which an Indian
tribe or Native Hawaiian organization attaches religious and
cultural significance; where an Indian tribe or Native Hawaiian
organization has requested Council involvement to assist in the
resolution of adverse effects; or where there are questions
relating to policy, interpretation or precedent under section 106
or its relation to other authorities, such as the Native American
Graves Protection and Repatriation Act.