[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR380.14]

[Page 915]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 380_REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY 
ACT--Table of Contents
 
Sec. 380.14  Compliance with the National Historic Preservation Act.

    (a) Section 106 of the National Historic Preservation Act, as 
amended (16 U.S.C. 470(f)) (NHPA), requires the Commission take into 
account the effect of a proposed project on any historic property and to 
afford the Advisory Council on Historic Preservation (Council) an 
opportunity to comment on projects if required under 36 CFR 800. The 
project sponsor, as a non-Federal party, assists the Commission in 
meeting its obligations under NHPA section 106 and the implementing 
regulations at 36 CFR part 800 by following the procedures at Sec. 
380.12(f). The project sponsor may contact the Commission at any time 
for assistance. The Commission will review the resultant filings.
    (1) The Commission's NHPA section 106 responsibilities apply to 
public and private lands, unless subject to the provisions of paragraph 
(a)(2) of this section. The project sponsor will assist the Commission 
in taking into account the views of interested parties, Native 
Americans, and tribal leaders.
    (2) If Federal or Tribal land is affected by a proposed project, the 
project sponsor shall adhere to any requirements for cultural resources 
studies of the applicable Federal land- managing agencies on Federal 
lands and any tribal requirements on Tribal lands. The project sponsor 
must identify, in Resource Report 4 filed with the application, the 
status of cultural resources studies on Federal or Tribal lands, as 
applicable.
    (3) The project sponsor must consult with the SHPO(s) and THPOs, if 
appropriate. If the SHPO or THPO declines to consult with the project 
sponsor, the project sponsor shall not continue with consultations, 
except as instructed by the Director of the Office of Pipeline 
Regulation.
    (4) If the project is covered by an agreement document among the 
Commission, Council, SHPO(s), THPO(s), land-managing agencies, project 
sponsors, and interested persons, as appropriate, then that agreement 
will provide for compliance with NHPA section 106, as applicable.
    (b) [Reserved]

[Order 603, 64 FR 26618, May 14, 1999]