|36 CFR 800: PART 800-PROTECTION OF HISTORIC AND CULTURAL PROPERTIES|
Authority: Pub. L. 89-665, 80 Stat. 915 (16 U.S.C. 470), as amended, 84 Stat. 204 (1970), 87 Stat. 139 (1973), 90 Stat. 1320 (1976), 92 Stat. 3467 (1978): E.O. 11593, 3 CFR 1971 Comp., p. 154.
Source: 51 FR 31118, Sept. 2, 1986, unless otherwise noted.
(a) Act means the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470-470w-6.
(b) Agency Official means the Federal agency head or a designee with authority over a specific undertaking, including any State or local government official who has been delegated legal responsibility for compliance with section 106 and section 110(f) in accordance with law.
(c) Area of potential effects means the geographic area or areas within which an undertaking may cause changes in the character or use of historic properties, if any such properties exist.
(d) Council means the Advisory Council on Historic Preservation or a Council member or employee designated to act for the Council.
(e) Historic property means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register. This term includes, for the purposes of these regulations, artifacts, records, and remains that are related to and located within such properties. The term eligible for inclusion in the National Register includes both properties formally determined as such by the Secretary of the Interior and all other properties that meet National Register listing criteria.
(f) Indian lands means all lands under the jurisdiction or control of an Indian tribe.
(g) Indian tribe means the governing body of any Indian tribe, band, nation, or other group that is recognized as an Indian tribe by the Secretary of the Interior and for which the United States holds land in trust or restricted status for that entity or its members. Such term also includes any Native village corporation, regional corporation, and Native Group established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1701, et seq.
(h) Interested person means those organizations and individuals that are concerned with the effects of an undertaking on historic properties.
(i) Local government means a city, county, parish, township, municipality, borough, or other general purpose political subdivision of a State.
(j) National Historic Landmark means a historic property that the Secretary of the Interior has designated a National Historic Landmark.
(k) National Register means the National Register of Historic Places maintained by the Secretary of the Interior.
(l) National Register Criteria means the criteria established by the Secretary of the Interior for use in evaluating the eligibility of properties for the National Register (36 CFR part 60).
(m) Secretary means the Secretary of the Interior.
(n) State Historic Preservation Officer means the official appointed or designated pursuant to section 101(b)(1) of the Act to administer the State historic preservation program or a representative designated to act for the State Historic Preservation Officer.
(o) Undertaking means any project, activity, or program that can result in changes in the character or use of historic properties, if any such historic properties are located in the area of potential effects. The project, activity, or program must be under the direct or indirect jurisdiction of a Federal agency or licensed or assisted by a Federal agency. Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under section 106.
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