36 CFR 800.8 - Coordination With the National Environmental Policy Act

Cite as36 CFR 800.8
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202 practice notes
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...plans, and agencies may use their NEPA documents to satisfy compliance with section 106 of the National Historic Preservation Act under 36 CFR 800.8. In response to the ANPRM, commenters urged CEQ to allow greater flexibility for the project sponsor (including private entities) to participa......
  • Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
    • United States
    • Council On Environmental Quality
    • Invalid date
    ...reports, and agencies may use their NEPA documents to satisfy compliance with section 106 of the National Historic Preservation Act under 36 CFR 800.8. CEQ includes the proposed revisions in the final rule with no 5. Agency Responsibility for Environmental Documents (Sec. 1506.5) As discuss......
  • Environmental Policies and Procedures
    • United States
    • Federal Register February 04, 2014
    • February 4, 2014
    ...will also take into account CEQ guidance and memoranda. This part will also incorporate and comply with the procedures of Section 106 (36 CFR 800.8) of the National Historic Preservation Act (NHPA) and Section 7 (50 CFR part 402) of the Endangered Species Act Sec. 1970.2 Reserved Sec. 1970.......
  • National Environmental Policy Act; implementation,
    • United States
    • Federal Register March 01, 2004
    • March 1, 2004
    ...in the undertaking (36 CFR 800.2(b)-(c)). Content of NEPA Documentation. Unless the NEPA process is being used to comply with NHPA per 36 CFR 800.8, to the extent practicable, EAs and EISs for actions that have the potential to, or will, significantly affect historic properties should summa......
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42 cases
  • Grand Canyon Trust v. Williams, No. CV–13–08045–PCT–DGC.
    • United States
    • U.S. District Court — District of Arizona
    • April 7, 2015
    ...the same time, but they specifically identify matters that should be addressed under the NHPA that are not addressed under NEPA. See 36 C.F.R. § 800.8(a), (c). Collateral estoppel bars “successive litigation of an issue of fact or law actually litigated and resolved in a valid court determi......
  • Quechan Tribe of the Fort Yuma Indian Reservation v. U.S. Dep't of the Interior, Case No. 12cv1167–GPC(PCL).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • February 27, 2013
    ...800.9(a); determine whether the effect will be adverse, 36 C.F.R. §§ 800.5(c), 800.9(b); and avoid or mitigate any adverse effects, 36 C.F.R. §§ 800.8(e), 800.9(c). The Forest Service must confer with the State Historic Preservation Officer (“SHPO”) and seek the approval of the Advisory Cou......
  • Quechan Tribe of the Fort Yuma Indian Reservation v. U.S. Dep't of the Interior, CASE NO. 12cv1167-GPC(PCL)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • February 27, 2013
    ...800.9(a); determine whether the effect will be adverse, 36 C.F.R. §§ 800.5(c), 800.9(b); and avoid or mitigate any adverse effects, 36 C.F.R. §§ 800.8(e), 800.9(c). The Forest Service must confer with the State Historic Preservation Officer ("SHPO") and seek the approval of the Advisory Cou......
  • Coliseum Square Ass'n, Inc. v. Jackson, No. 03-30875.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 18, 2006
    ...249 F.3d 400, 401 (5th Cir.2001)). 9. Note that in many cases, as here, NHPA review is often built into the NEPA review process. See 36 C.F.R. § 800.8(c) (permitting such 10. Defendants assert that plaintiffs may not appeal the question of attorneys' fees because they were not brought befor......
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