[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR800 App A]

[Page 110]

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

                     CHAPTER VIII--ADVISORY COUNCIL
                        ON HISTORIC PRESERVATION

PART 800_PROTECTION OF HISTORIC PROPERTIES--Table of Contents

                     Subpart C_Program Alternatives

    Sec. 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 Sec. 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.