[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: 36CFR801.7]

[Page 125-127]
 
              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. 801.7  Information requirements.

    (a) Information To Be Retained by Applicants Determining No Effect. 
(1) Recommended Documentation for a Determination of No Effect. Adequate 
documentation of a Determination of No Effect pursuant to 
Sec. 801.3(c)(2)(i) should include the following:
    (i) A general discussion and chronology of the proposed project;

[[Page 126]]

    (ii) A description of the proposed project including, as 
appropriate, photographs, maps, drawings, and specifications;
    (iii) A statement that no National Register property or property 
which meets the Criteria exist in the project area, or a brief statement 
explaining why the Criteria of Effect (See Sec. 801.3(c)) was found 
inapplicable;
    (iv) Evidence of consultation with the State Historic Preservation 
Officer concerning the Determination of No Effect; and
    (v) Evidence of efforts to inform the public concerning the 
Determination of No Effect.
    (2) The information requirements set forth in this section are meant 
to serve as guidance for applicants in preparing No Effect 
Determinations. The information should be retained by the applicant, 
incorporated into any environmental reports or documents prepared 
concerning the project, and provided to the Executive Director only in 
the event of an objection to the applicant's determination.
    (b) Reports to the Council. In order to adequately assess the impact 
of a proposed project on National Register and eligible properties, it 
is necessary for the Council to be provided certain information. For the 
purposes of developing Council comments on UDAG projects the following 
information is required. Generally, to the extent that relevant portions 
of a UDAG application meet the requirements set forth below it will be 
sufficient for the purposes of Council review and comment.
    (1) Documentation for Determination of No Adverse Effect. Adequate 
documentation of a Determination of No Adverse Effect pursuant to 
Sec. 801.3(c)(1) should include the following:
    (i) A general discussion and chronology of the proposed project;
    (ii) A description of the proposed project including, as 
appropriate, photographs, maps, drawings and specifications;
    (iii) A copy of the National Register form or a copy of the 
Determination of Eligibility documentation for each property that will 
be affected by the project including a description of each property's 
physical appearance and significance;
    (iv) A brief statement explaining why each of the Criteria of 
Adverse Effect (See Sec. 801.3(c)(1)) was found inapplicable;
    (v) Written views of the State Historic Preservation Officer 
concerning the Determination of No Adverse Effect, if available; and,
    (vi) An estimate of the cost of the project including the amount of 
the UDAG grant and a description of any other Federal involvement.
    (2) Preliminary Case Reports. Preliminary Case Reports should be 
submitted with a request for comments pursuant to Sec. 801.4(b) and 
should include the following information:
    (i) A general discussion and chronology of the proposed project;
    (ii) The status of the project in the HUD approval process:
    (iii) The status of the project in the National Environmental Policy 
Act compliance process and the target date for completion of all the 
applicant's environmental responsibilities;
    (iv) A description of the proposed project including as appropriate, 
photographs, maps, drawings and specifications;
    (v) A copy of the National Register form or a copy of the 
Determination of Eligibility documentation for each property that will 
be affected by the project including a description of each property's 
physical appearance and significance;
    (vi) A brief statement explaining why any of the Criteria of Adverse 
Effect (See Sec. 801.3(c)(1)(b)) apply;
    (vii) Written views of the State Historic Preservation Officer 
concerning the effect on the property, if available;
    (viii) The views of Federal agencies, State and local governments, 
and other groups or individuals when known as obtained through the OMB 
Circular A-95 process or the environmental review process, public 
hearings or other applicant processes;
    (ix) A description and analysis of alternatives that would avoid the 
adverse effects;
    (x) A description and analysis of alternatives that would mitigate 
the adverse effects; and,
    (xi) An estimate of the cost of the project including the amount of 
the

[[Page 127]]

UDAG grant and a description of any other Federal involvement.
    (c) Reports for Council Meetings. Consideration of a proposed 
project by the full Council or a panel pursuant to Sec. 801.4(b) is 
based upon reports from the Executive Director, the State Historic 
Preservation Officer and Secretary of the Interior. Requirements for 
these reports are specified in 36 CFR 800.13(c). Additionally, reports 
from the applicant and the Department of HUD are required by these 
regulations. The requirements for these reports consist of the 
following:
    (1) Report of the Applicant. The report from the applicant 
requesting comments shall include a copy of the relevant portions of the 
UDAG application; a general discussion and chronology of the proposed 
project; an account of the steps taken to comply with the National 
Environmental Policy Act (NEPA); any relevant supporting documentation 
in studies that the applicant has completed; an evaluation of the effect 
of the project upon the property or properties, with particular 
reference to the impact on the historical, architectural, archeological, 
and cultural values; steps taken or proposed by the applicant to avoid 
or mitigate adverse effects of the project; a thorough discussion of 
alternate courses of action; and an analysis comparing the advantages 
resulting from the project with the disadvantages resulting from the 
adverse effects on National Register or eligible properties.
    (2) Report of the Secretary of Housing and Urban Development. The 
report from the Secretary shall include the status of the application in 
the UDAG approval process, past involvement of the Department with the 
applicant and the proposed project or land area for the proposed 
project, and information on how the applicant has met other requirements 
of the Department for the proposed project.