[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR801.1]

[Page 117]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                     CHAPTER VIII--ADVISORY COUNCIL
                        ON HISTORIC PRESERVATION
 
PART 801--HISTORIC PRESERVATION REQUIREMENTS OF THE URBAN DEVELOPMENT ACTION GRANT PROGRAM--Table of Contents
 
Sec. 801.1  Purpose and authorities.

    (a) These regulations are required by section 110(c) of the Housing 
and Community Development Act of 1980 (HCDA) (42 U.S.C. 5320) and apply 
only to projects proposed to be funded by the Department of Housing and 
Urban Development (HUD) under the Urban Development Action Grant (UDAG) 
Program authorized by title I of the Housing and Community Development 
Act of 1974, as amended (42 U.S.C. 5301). These regulations establish an 
expedited process for obtaining the comments of the Council specifically 
for the UDAG program and, except as specifically provided, substitute 
for the Council's regulations for the ``Protection of Historic and 
Cultural Properties'' (36 CFR part 800).
    (b) Section 110(c) of the HCDA of 1980 requires UDAG applicants to: 
(1) Identify all properties, if any, which are included in the National 
Register of Historic Places and which will be affected by the project 
for which the application is made; (2) identify all other properties, if 
any, which will be affected by such project and which, as determined by 
the applicant, may meet the Criteria established by the Secretary of the 
Interior for inclusion in the National Register (36 CFR 60.6); and (3) 
provide a description of the effect, as determined by the applicant, of 
the project on properties identified pursuant to (1) and (2). If the 
applicant determines that such properties are affected, the Act requires 
that the information developed by the applicant must be forwarded to the 
appropriate State Historic Preservation Officer (SHPO) for review and to 
the Secretary of the Interior for a determination as to whether the 
affected properties are eligible for inclusion in the National Register.
    (c) Section 106 of the National Historic Preservation Act of 1966, 
as amended (16 U.S.C. 470), requires the head of any Federal agency with 
jurisdiction over a Federal, federally assisted or federally licensed 
undertaking that affects a property included in or eligible for 
inclusion in the National Register of Historic Places to take into 
account the effect of the undertaking on such property and afford the 
Council a reasonable opportunity to comment. Under the UDAG program, 
applicants assume the status of a Federal agency for purposes of 
complying with section 106.