PART 800—PROTECTION OF HISTORIC PROPERTIES Authority: 16 U.S.C. 470s. Source: 65 FR 77725, Dec. 12, 2000, unless otherwise noted. Subpart A—Purposes and Participants § 800.1 Purposes. (a) Purposes of the section 106 process. (b) Relation to other provisions of the act. (c) Timing. § 800.2 Participants in the Section 106 process. (a) Agency official. (1) Professional standards. (2) Lead Federal agency. (3) Use of contractors. (4) Consultation. (b) Council. (1) Council entry into the section 106 process. (2) Council assistance. (c) Consulting parties. (1) State historic preservation officer. (ii) If an Indian tribe has assumed the functions of the SHPO in the section 106 process for undertakings on tribal lands, the SHPO shall participate as a consulting party if the undertaking takes place on tribal lands but affects historic properties off tribal lands, if requested in accordance with § 800.3(c)(1), or if the Indian tribe agrees to include the SHPO pursuant to § 800.3(f)(3). (2) Indian tribes and Native Hawaiian organizations. Consultation on tribal lands. Tribal historic preservation officer. (B) Tribes that have not assumed SHPO functions. (ii) Consultation on historic properties of significance to Indian tribes and Native Hawaiian organizations. (A) The agency official shall ensure that consultation in the section 106 process provides the Indian tribe or Native Hawaiian organization a reasonable opportunity to identify its concerns about historic properties, advise on the identification and evaluation of historic properties, including those of traditional religious and cultural importance, articulate its views on the undertaking's effects on such properties, and participate in the resolution of adverse effects. It is the responsibility of the agency official to make a reasonable and good faith effort to identify Indian tribes and Native Hawaiian organizations that shall be consulted in the section 106 process. Consultation should commence early in the planning process, in order to identify and discuss relevant preservation issues and resolve concerns about the confidentiality of information on historic properties. (B) The Federal Government has a unique legal relationship with Indian tribes set forth in the Constitution of the United States, treaties, statutes, and court decisions. Consultation with Indian tribes should be conducted in a sensitive manner respectful of tribal sovereignty. Nothing in this part alters, amends, repeals, interprets, or modifies tribal sovereignty, any treaty rights, or other rights of an Indian tribe, or preempts, modifies, or limits the exercise of any such rights. (C) Consultation with an Indian tribe must recognize the government-to-government relationship between the Federal Government and Indian tribes. The agency official shall consult with representatives designated or identified by the tribal government or the governing body of a Native Hawaiian organization. Consultation with Indian tribes and Native Hawaiian organizations should be conducted in a manner sensitive to the concerns and needs of the Indian tribe or Native Hawaiian organization. (D) When Indian tribes and Native Hawaiian organizations attach religious and cultural significance to historic properties off tribal lands, section 101(d)(6)(B) of the act requires Federal agencies to consult with such Indian tribes and Native Hawaiian organizations in the section 106 process. Federal agencies should be aware that frequently historic properties of religious and cultural significance are located on ancestral, aboriginal, or ceded lands of Indian tribes and Native Hawaiian organizations and should consider that when complying with the procedures in this part. (E) An Indian tribe or a Native Hawaiian organization may enter into an agreement with an agency official that specifies how they will carry out responsibilities under this part, including concerns over the confidentiality of information. An agreement may cover all aspects of tribal participation in the section 106 process, provided that no modification may be made in the roles of other parties to the section 106 process without their consent. An agreement may grant the Indian tribe or Native Hawaiian organization additional rights to participate or concur in agency decisions in the section 106 process beyond those specified in subpart B of this part. The agency official shall provide a copy of any such agreement to the Council and the appropriate SHPOs. (F) An Indian tribe that has not assumed the responsibilities of the SHPO for section 106 on tribal lands under section 101(d)(2) of the act may notify the agency official in writing that it is waiving its rights under § 800.6(c)(1) to execute a memorandum of agreement. (3) Representatives of local governments. (4) Applicants for Federal assistance, permits, licenses, and other approvals. (5) Additional consulting parties. (d) The public Nature of involvement. (2) Providing notice and information. (3) Use of agency procedures. Subpart B—The section 106 Process § 800.3 Initiation of the section 106 process. (a) Establish undertaking. (1) No potential to cause effects. (2) Program alternatives. (b) Coordinate with other reviews. (c) Identify the appropriate SHPO and/or THPO. (1) Tribal assumption of SHPO responsibilities. (2) Undertakings involving more than one State. (3) Conducting consultation. (4) Failure of the SHPO/THPO to respond. (d) Consultation on tribal lands. (e) Plan to involve the public. (f) Identify other consulting parties. (1) Involving local governments and applicants. (2) Involving Indian tribes and Native Hawaiian organizations. (3) Requests to be consulting parties. (g) Expediting consultation. § 800.4 Identification of historic properties. (a) Determine scope of identification efforts. (1) Determine and document the area of potential effects, as defined in § 800.16(d); (2) Review existing information on historic properties within the area of potential effects, including any data concerning possible historic properties not yet identified; (3) Seek information, as appropriate, from consulting parties, and other individuals and organizations likely to have knowledge of, or concerns with, historic properties in the area, and identify issues relating to the undertaking's potential effects on historic properties; and (4) Gather information from any Indian tribe or Native Hawaiian organization identified pursuant to § 800.3(f) to assist in identifying properties, including those located off tribal lands, which may be of religious and cultural significance to them and may be eligible for the National Register, recognizing that an Indian tribe or Native Hawaiian organization may be reluctant to divulge specific information regarding the location, nature, and activities associated with such sites. The agency official should address concerns raised about confidentiality pursuant to § 800.11(c). (b) Identify historic properties. (1) Level of effort. (2) Phased identification and evaluation. (c) Evaluate historic significance Apply National Register criteria. (2) Determine whether a property is eligible. (d) Results of identification and evaluation No historic properties affected. (i) If the SHPO/THPO, or the Council if it has entered the section 106 process, does not object within 30 days of receipt of an adequately documented finding, the agency official's responsibilities under section 106 are fulfilled. (ii) If the SHPO/THPO objects within 30 days of receipt of an adequately documented finding, the agency official shall either consult with the objecting party to resolve the disagreement, or forward the finding and supporting documentation to the Council and request that the Council review the finding pursuant to paragraphs (d)(1)(iv)(A) through (d)(1)(iv)(C) of this section. When an agency official forwards such requests for review to the Council, the agency official shall concurrently notify all consulting parties that such a request has been made and make the request documentation available to the public. (iii) During the SHPO/THPO 30 day review period, the Council may object to the finding and provide its opinion regarding the finding to the agency official and, if the Council determines the issue warrants it, the head of the agency. A Council decision to provide its opinion to the head of an agency shall be guided by the criteria in appendix A to this part. The agency shall then proceed according to paragraphs (d)(1)(iv)(B) and (d)(1)(iv)(C) of this section. (iv) (A) Upon receipt of the request under paragraph (d)(1)(ii) of this section, the Council will have 30 days in which to review the finding and provide the agency official and, if the Council determines the issue warrants it, the head of the agency with the Council's opinion regarding the finding. A Council decision to provide its opinion to the head of an agency shall be guided by the criteria in appendix A to this part. If the Council does not respond within 30 days of receipt of the request, the agency official's responsibilities under section 106 are fulfilled. (B) The person to whom the Council addresses its opinion (the agency official or the head of the agency) shall take into account the Council's opinion before the agency reaches a final decision on the finding. (C) The person to whom the Council addresses its opinion (the agency official or the head of the agency) shall then prepare a summary of the decision that contains the rationale for the decision and evidence of consideration of the Council's opinion, and provide it to the Council, the SHPO/THPO, and the consulting parties. The head of the agency may delegate his or her duties under this paragraph to the agency's senior policy official. If the agency official's initial finding will be revised, the agency official shall proceed in accordance with the revised finding. If the final decision of the agency is to affirm the initial agency finding of no historic properties affected, once the summary of the decision has been sent to the Council, the SHPO/THPO, and the consulting parties, the agency official's responsibilities under section 106 are fulfilled. (D) The Council shall retain a record of agency responses to Council opinions on their findings of no historic properties affected. The Council shall make this information available to the public. (2) Historic properties affected. [65 FR 77725, Dec. 12, 2000, as amended at 69 FR 40553, July 6, 2004] § 800.5 Assessment of adverse effects. (a) Apply criteria of adverse effect. (1) Criteria of adverse effect. (2) Examples of adverse effects. (i) Physical destruction of or damage to all or part of the property; (ii) Alteration of a property, including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation, and provision of handicapped access, that is not consistent with the Secretary's standards for the treatment of historic properties (36 CFR part 68) and applicable guidelines; (iii) Removal of the property from its historic location; (iv) Change of the character of the property's use or of physical features within the property's setting that contribute to its historic significance; (v) Introduction of visual, atmospheric or audible elements that diminish the integrity of the property's significant historic features; (vi) Neglect of a property which causes its deterioration, except where such neglect and deterioration are recognized qualities of a property of religious and cultural significance to an Indian tribe or Native Hawaiian organization; and (vii) Transfer, lease, or sale of property out of Federal ownership or control without adequate and legally enforceable restrictions or conditions to ensure long-term preservation of the property's historic significance. (3) Phased application of criteria. (b) Finding of no adverse effect. (c) Consulting party review. (1) Agreement with, or no objection to, finding. (2) Disagreement with finding. (ii) If within the 30 day review period the Council provides the agency official and, if the Council determines the issue warrants it, the head of the agency, with a written opinion objecting to the finding, the agency shall then proceed according to paragraph (c)(3)(ii) of this section. A Council decision to provide its opinion to the head of an agency shall be guided by the criteria in appendix A to this part. (iii) The agency official should seek the concurrence of any Indian tribe or Native Hawaiian organization that has made known to the agency official that it attaches religious and cultural significance to a historic property subject to the finding. If such Indian tribe or Native Hawaiian organization disagrees with the finding, it may within the 30 day review period specify the reasons for disagreeing with the finding and request the Council to review and object to the finding pursuant to paragraph (c)(2)(ii) of this section. (3) Council review of findings. (ii)(A) The person to whom the Council addresses its opinion (the agency official or the head of the agency) shall take into account the Council's opinion in reaching a final decision on the finding. (B) The person to whom the Council addresses its opinion (the agency official or the head of the agency) shall prepare a summary of the decision that contains the rationale for the decision and evidence of consideration of the Council's opinion, and provide it to the Council, the SHPO/THPO, and the consulting parties. The head of the agency may delegate his or her duties under this paragraph to the agency's senior policy official. If the agency official's initial finding will be revised, the agency official shall proceed in accordance with the revised finding. If the final decision of the agency is to affirm the initial finding of no adverse effect, once the summary of the decision has been sent to the Council, the SHPO/THPO, and the consulting parties, the agency official's responsibilities under section 106 are fulfilled. (C) The Council shall retain a record of agency responses to Council opinions on their findings of no adverse effects. The Council shall make this information available to the public. (d) Results of assessment No adverse effect. (2) Adverse effect. [65 FR 77725, Dec. 12, 2000, as amended at 69 FR 40553, July 6, 2004] § 800.6 Resolution of adverse effects. (a) Continue consultation. (1) Notify the Council and determine Council participation. (i) The notice shall invite the Council to participate in the consultation when: (A) The agency official wants the Council to participate; (B) The undertaking has an adverse effect upon a National Historic Landmark; or (C) A programmatic agreement under § 800.14(b) will be prepared; (ii) The SHPO/THPO, an Indian tribe or Native Hawaiian organization, or any other consulting party may at any time independently request the Council to participate in the consultation. (iii) The Council shall advise the agency official and all consulting parties whether it will participate within 15 days of receipt of notice or other request. Prior to entering the process, the Council shall provide written notice to the agency official and the consulting parties that its decision to participate meets the criteria set forth in appendix A to this part. The Council shall also advise the head of the agency of its decision to enter the process. Consultation with Council participation is conducted in accordance with paragraph (b)(2) of this section. (iv) If the Council does not join the consultation, the agency official shall proceed with consultation in accordance with paragraph (b)(1) of this section. (2) Involve consulting parties. (3) Provide documentation. (4) Involve the public. (5) Restrictions on disclosure of information. (b) Resolve adverse effects Resolution without the Council. (ii) The agency official may use standard treatments established by the Council under § 800.14(d) as a basis for a memorandum of agreement. (iii) If the Council decides to join the consultation, the agency official shall follow paragraph (b)(2) of this section. (iv) If the agency official and the SHPO/THPO agree on how the adverse effects will be resolved, they shall execute a memorandum of agreement. The agency official must submit a copy of the executed memorandum of agreement, along with the documentation specified in § 800.11(f), to the Council prior to approving the undertaking in order to meet the requirements of section 106 and this subpart. (v) If the agency official, and the SHPO/THPO fail to agree on the terms of a memorandum of agreement, the agency official shall request the Council to join the consultation and provide the Council with the documentation set forth in § 800.11(g). If the Council decides to join the consultation, the agency official shall proceed in accordance with paragraph (b)(2) of this section. If the Council decides not to join the consultation, the Council will notify the agency and proceed to comment in accordance with § 800.7(c). (2) Resolution with Council participation. (c) Memorandum of agreement. (1) Signatories. (i) The agency official and the SHPO/THPO are the signatories to a memorandum of agreement executed pursuant to paragraph (b)(1) of this section. (ii) The agency official, the SHPO/THPO, and the Council are the signatories to a memorandum of agreement executed pursuant to paragraph (b)(2) of this section. (iii) The agency official and the Council are signatories to a memorandum of agreement executed pursuant to § 800.7(a)(2). (2) Invited signatories. (ii) The agency official may invite an Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to historic properties located off tribal lands to be a signatory to a memorandum of agreement concerning such properties. (iii) The agency official should invite any party that assumes a responsibility under a memorandum of agreement to be a signatory. (iv) The refusal of any party invited to become a signatory to a memorandum of agreement pursuant to paragraph (c)(2) of this section does not invalidate the memorandum of agreement. (3) Concurrence by others. (4) Reports on implementation. (5) Duration. (6) Discoveries. (7) Amendments. (8) Termination. (9) Copies. § 800.7 Failure to resolve adverse effects. (a) Termination of consultation. (1) If the agency official terminates consultation, the head of the agency or an Assistant Secretary or other officer with major department-wide or agency-wide responsibilities shall request that the Council comment pursuant to paragraph (c) of this section and shall notify all consulting parties of the request. (2) If the SHPO terminates consultation, the agency official and the Council may execute a memorandum of agreement without the SHPO's involvement. (3) If a THPO terminates consultation regarding an undertaking occurring on or affecting historic properties on its tribal lands, the Council shall comment pursuant to paragraph (c) of this section. (4) If the Council terminates consultation, the Council shall notify the agency official, the agency's Federal preservation officer and all consulting parties of the termination and comment under paragraph (c) of this section. The Council may consult with the agency's Federal preservation officer prior to terminating consultation to seek to resolve issues concerning the undertaking and its effects on historic properties. (b) Comments without termination. (c) Comments by the Council Preparation. (2) Timing. (3) Transmittal. (4) Response to Council comment. (i) Preparing a summary of the decision that contains the rationale for the decision and evidence of consideration of the Council's comments and providing it to the Council prior to approval of the undertaking; (ii) Providing a copy of the summary to all consulting parties; and (iii) Notifying the public and making the record available for public inspection. § 800.8 Coordination With the National Environmental Policy Act. (a) General principles Early coordination. (2) Consulting party roles. (3) Inclusion of historic preservation issues. (b) Actions categorically excluded under NEPA. (c) Use of the NEPA process for section 106 purposes. (1) Standards for developing environmental documents to comply with Section 106. (i) Identify consulting parties either pursuant to § 800.3(f) or through the NEPA scoping process with results consistent with § 800.3(f); (ii) Identify historic properties and assess the effects of the undertaking on such properties in a manner consistent with the standards and criteria of §§ 800.4 through 800.5, provided that the scope and timing of these steps may be phased to reflect the agency official's consideration of project alternatives in the NEPA process and the effort is commensurate with the assessment of other environmental factors; (iii) Consult regarding the effects of the undertaking on historic properties with the SHPO/THPO, Indian tribes, and Native Hawaiian organizations that might attach religious and cultural significance to affected historic properties, other consulting parties, and the Council, where appropriate, during NEPA scoping, environmental analysis, and the preparation of NEPA documents; (iv) Involve the public in accordance with the agency's published NEPA procedures; and (v) Develop in consultation with identified consulting parties alternatives and proposed measures that might avoid, minimize or mitigate any adverse effects of the undertaking on historic properties and describe them in the EA or DEIS. (2) Review of environmental documents. (ii) Prior to or within the time allowed for public comment on the document, a SHPO/THPO, an Indian tribe or Native Hawaiian organization, another consulting party or the Council may object to the agency official that preparation of the EA, DEIS, or EIS has not met the standards set forth in paragraph (c)(1) of this section or that the substantive resolution of the effects on historic properties proposed in an EA, DEIS, or EIS is inadequate. If the agency official receives such an objection, the agency official shall refer the matter to the Council. (3) Resolution of objections. (i) If the Council agrees with the objection: (A) The Council shall provide the agency official and, if the Council determines the issue warrants it, the head of the agency with the Council's opinion regarding the objection. A Council decision to provide its opinion to the head of an agency shall be guided by the criteria in appendix A to this part. The person to whom the Council addresses its opinion (the agency official or the head of the agency) shall take into account the Council's opinion in reaching a final decision on the issue of the objection. (B) The person to whom the Council addresses its opinion (the agency official or the head of the agency) shall prepare a summary of the decision that contains the rationale for the decision and evidence of consideration of the Council's opinion, and provide it to the Council. The head of the agency may delegate his or her duties under this paragraph to the agency's senior Policy Official. If the agency official's initial decision regarding the matter that is the subject of the objection will be revised, the agency official shall proceed in accordance with the revised decision. If the final decision of the agency is to affirm the initial agency decision, once the summary of the final decision has been sent to the Council, the agency official shall continue its compliance with this section. (ii) If the Council disagrees with the objection, the Council shall so notify the agency official, in which case the agency official shall continue its compliance with this section. (iii) If the Council fails to respond to the objection within the 30 day period, the agency official shall continue its compliance with this section. (4) Approval of the undertaking. (i) A binding commitment to such proposed measures is incorporated in: (A) The ROD, if such measures were proposed in a DEIS or EIS; or (B) An MOA drafted in compliance with § 800.6(c); or (ii) The Council has commented under § 800.7 and received the agency's response to such comments. (5) Modification of the undertaking. [65 FR 77725, Dec. 12, 2000, as amended at 69 FR 40554, July 6, 2004] § 800.9 Council review of section 106 compliance. (a) Assessment of agency official compliance for individual undertakings. (b) Agency foreclosure of the Council's opportunity to comment. (c) Intentional adverse effects by applicants Agency responsibility. (2) Consultation with the Council. (i) Within thirty days of receiving the agency official's notification, unless otherwise agreed to by the agency official, the Council shall provide the agency official with its opinion as to whether circumstances justify granting assistance to the applicant and any possible mitigation of the adverse effects. (ii) The agency official shall consider the Council's opinion in making a decision on whether to grant assistance to the applicant, and shall notify the Council, the SHPO/THPO, and other parties known to be interested in the undertaking prior to granting the assistance. (3) Compliance with Section 106. (d) Evaluation of Section 106 operations. (1) Information from participants. (2) Improving the operation of section 106. § 800.10 Special requirements for protecting National Historic Landmarks. (a) Statutory requirement. (b) Resolution of adverse effects. (c) Involvement of the Secretary. (d) Report of outcome. § 800.11 Documentation standards. (a) Adequacy of documentation. (b) Format. (c) Confidentiality Authority to withhold information. (2) Consultation with the Council. (3) Other authorities affecting confidentiality. (d) Finding of no historic properties affected. (1) A description of the undertaking, specifying the Federal involvement, and its area of potential effects, including photographs, maps, drawings, as necessary; (2) A description of the steps taken to identify historic properties, including, as appropriate, efforts to seek information pursuant to § 800.4(b); and (3) The basis for determining that no historic properties are present or affected. (e) Finding of no adverse effect or adverse effect. (1) A description of the undertaking, specifying the Federal involvement, and its area of potential effects, including photographs, maps, and drawings, as necessary; (2) A description of the steps taken to identify historic properties; (3) A description of the affected historic properties, including information on the characteristics that qualify them for the National Register; (4) A description of the undertaking's effects on historic properties; (5) An explanation of why the criteria of adverse effect were found applicable or inapplicable, including any conditions or future actions to avoid, minimize or mitigate adverse effects; and (6) Copies or summaries of any views provided by consulting parties and the public. (f) Memorandum of agreement. (g) Requests for comment without a memorandum of agreement. Documentation shall include: (1) A description and evaluation of any alternatives or mitigation measures that the agency official proposes to resolve the undertaking's adverse effects; (2) A description of any reasonable alternatives or mitigation measures that were considered but not chosen, and the reasons for their rejection; (3) Copies or summaries of any views submitted to the agency official concerning the adverse effects of the undertaking on historic properties and alternatives to reduce or avoid those effects; and (4) Any substantive revisions or additions to the documentation provided the Council pursuant to § 800.6(a)(1). § 800.12 Emergency situations. (a) Agency procedures. (b) Alternatives to agency procedures. (1) Following a programmatic agreement developed pursuant to § 800.14(b) that contains specific provisions for dealing with historic properties in emergency situations; or (2) Notifying the Council, the appropriate SHPO/THPO and any Indian tribe or Native Hawaiian organization that may attach religious and cultural significance to historic properties likely to be affected prior to the undertaking and affording them an opportunity to comment within seven days of notification. If the agency official determines that circumstances do not permit seven days for comment, the agency official shall notify the Council, the SHPO/THPO and the Indian tribe or Native Hawaiian organization and invite any comments within the time available. (c) Local governments responsible for section 106 compliance. (d) Applicability. § 800.13 Post-review discoveries. (a) Planning for subsequent discoveries Using a programmatic agreement. (2) Using agreement documents. (b) Discoveries without prior planning. (1) If the agency official has not approved the undertaking or if construction on an approved undertaking has not commenced, consult to resolve adverse effects pursuant to § 800.6; or (2) If the agency official, the SHPO/THPO and any Indian tribe or Native Hawaiian organization that might attach religious and cultural significance to the affected property agree that such property is of value solely for its scientific, prehistoric, historic or archeological data, the agency official may comply with the Archeological and Historic Preservation Act instead of the procedures in this part and provide the Council, the SHPO/THPO, and the Indian tribe or Native Hawaiian organization with a report on the actions within a reasonable time after they are completed; or (3) If the agency official has approved the undertaking and construction has commenced, determine actions that the agency official can take to resolve adverse effects, and notify the SHPO/THPO, any Indian tribe or Native Hawaiian organization that might attach religious and cultural significance to the affected property, and the Council within 48 hours of the discovery. The notification shall describe the agency official's assessment of National Register eligibility of the property and proposed actions to resolve the adverse effects. The SHPO/THPO, the Indian tribe or Native Hawaiian organization and the Council shall respond within 48 hours of the notification. The agency official shall take into account their recommendations regarding National Register eligibility and proposed actions, and then carry out appropriate actions. The agency official shall provide the SHPO/THPO, the Indian tribe or Native Hawaiian organization and the Council a report of the actions when they are completed. (c) Eligibility of properties. (d) Discoveries on tribal lands. Subpart C—Program Alternatives § 800.14 Federal agency program alternatives. (a) Alternate procedures. (1) Development of procedures. Federal Register (2) Council review. (3) Notice. Federal Register. (4) Legal effect. (b) Programmatic agreements. (1) Use of programmatic agreements. (i) When effects on historic properties are similar and repetitive or are multi-State or regional in scope; (ii) When effects on historic properties cannot be fully determined prior to approval of an undertaking; (iii) When nonfederal parties are delegated major decisionmaking responsibilities; (iv) Where routine management activities are undertaken at Federal installations, facilities, or other land-management units; or (v) Where other circumstances warrant a departure from the normal section 106 process. (2) Developing programmatic agreements for agency programs. (ii) Public participation. (iii) Effect. (iv) Notice. (v) If the Council determines that the terms of a programmatic agreement are not being carried out, or if such an agreement is terminated, the agency official shall comply with subpart B of this part with regard to individual undertakings of the program covered by the agreement. (3) Developing programmatic agreements for complex or multiple undertakings. (4) Prototype programmatic agreements. (c) Exempted categories Criteria for establishing. (i) The actions within the program or category would otherwise qualify as “undertakings” as defined in § 800.16; (ii) The potential effects of the undertakings within the program or category upon historic properties are foreseeable and likely to be minimal or not adverse; and (iii) Exemption of the program or category is consistent with the purposes of the act. (2) Public participation. (3) Consultation with SHPOs/THPOs. (4) Consultation with Indian tribes and Native Hawaiian organizations. (5) Council review of proposed exemptions. (6) Legal consequences. (7) Termination. (8) Notice. Federal Register. (d) Standard treatments Establishment. Federal Register. (2) Public participation. (3) Consultation with SHPOs/THPOs. (4) Consultation with Indian tribes and Native Hawaiian organizations. (5) Termination. Federal Register (e) Program comments. (1) Agency request. (2) Public participation. (3) Consultation with SHPOs/THPOs. (4) Consultation with Indian tribes and Native Hawaiian organizations. (5) Council action. (i) If the Council comments, the agency official shall take into account the comments of the Council in carrying out the undertakings within the category and publish notice in the Federal Register (ii) If the Council declines to comment, the agency official shall continue to comply with the requirements of §§ 800.3 through 800.6 for the individual undertakings. (6) Withdrawal of comment. (f) Consultation with Indian tribes and Native Hawaiian organizations when developing program alternatives. (1) Identifying affected Indian tribes and Native Hawaiian organizations. (2) Results of consultation. [65 FR 77725, Dec. 12, 2000, as amended at 69 FR 40554, July 6, 2004] § 800.15 Tribal, State, and local program alternatives. [Reserved] § 800.16 Definitions. (a) Act (b) Agency (c) Approval of the expenditure of funds (d) Area of potential effects (e) Comment (f) Consultation (g) Council (h) Day days (i) Effect (j) Foreclosure (k) Head of the agency (l)(1) Historic property (2) The term eligible for inclusion in the National Register (m) Indian tribe (n) Local government (o) Memorandum of agreement (p) National Historic Landmark (q) National Register (r) National Register criteria (s)(1) Native Hawaiian organization (2) Native Hawaiian (t) Programmatic agreement (u) Secretary (v) State Historic Preservation Officer (SHPO) (w) Tribal Historic Preservation Officer (THPO) (x) Tribal lands (y) Undertaking (z) Senior policy official [65 FR 77725, Dec. 12, 2000, as amended at 69 FR 40555, July 6, 2004] Appendix A to Part 800—Criteria for Council Involvement in Reviewing Individual section 106 Cases (a) Introduction. (b) General policy. (c) Specific criteria. (1) Has substantial impacts on important historic properties. (2) Presents important questions of policy or interpretation. (3) Has the potential for presenting procedural problems. (4) Presents issues of concern to Indian tribes or Native Hawaiian organizations.