Proposed Nationwide Agreement Regarding the Protection of Historic Properties During Federal Agency Emergency Response Under the National Contingency Plan

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Section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. 470f) requires Federal agencies to consider the effects of their undertakings on historic properties and to provide the ACHP a reasonable opportunity to comment on Federal agency decisions and actions that may affect historic properties. Historic properties include districts, sites, structures, buildings, and objects included in or eligible for inclusion in the National Register of Historic Places. Implementing regulations for the NHPA, at 36 CFR Part 800, provide specific procedures for compliance with Section 106 which are not well suited to emergency situations. The proposed Programmatic Agreement (PA) has been developed pursuant to 36 CFR 800.13 among the ACHP, the National Conference of State Historic Preservation Officers (NCSHPO), and Federal agencies that are members of the National Response Team. The purpose of the PA is to provide those participating Federal agencies with uniform procedures for consideration of historic properties during emergency response actions and to demonstrate the ACHP's endorsement of such procedures. The proposed PA provides a process for ensuring appropriate consideration of