[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: 36CFR801.5]

[Page 125]
 
              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. 801.5  State Historic Preservation Officer responsibilities.

    (a) The State Historic Preservation Officer shall have standing to 
participate in the review process established by section 110(c) of the 
HCDA of 1980 whenever it concerns a project located within the State 
Historic Preservation Officer's jurisdiction by the following means: 
providing, within 30 days, information requested by an applicant under 
Sec. 801.3(b); responding, within 45 days, to submittal of a 
determination by the applicant under section 110 of the HCDA of 1980 
that National Register property or property which meets the Criteria may 
be affected by the proposed project; participating in a Memorandum of 
Agreement that the applicant or the Executive Director may prepare under 
this part; and participating in a panel or full Council meeting that may 
be held pursuant to these regulations. Pursuant to section 110(c) of the 
HCDA of 1980, the State Historic Preservation Officer has a maximum 
period of 45 days in which to formally comment on an applicant's 
determination that the project may affect a property that is listed in 
the National Register or which may meet the Criteria for listing in the 
National Register. This period does not include the time during which 
the applicant seeks information from the State Historic Preservation 
Officer for determining whether a property meets the Criteria for 
listing in the National Register and whether such property is affected 
by the project.
    (b) The failure of a State Historic Preservation Officer to 
participate in any required steps of the process set forth in this part 
shall not prohibit the Executive Director and the applicant from 
concluding the section 106 process, including the execution of a 
Memorandum of Agreement.