36 C.F.R. §800.16 - Definitions
| Cite as | 36 C.F.R. §800.16 |
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68 cases
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Lesser v. City of Cape May, Civil Action No. 99-5575(JAP)
...of the property that may qualify the property for inclusion in the National Register." 36 C.F.R. § 800.9(a) (1998). See 36 C.F.R. § 800.16(i) (1999). "An undertaking is considered to have an adverse effect when the effect on a historic property may diminish the integrity of the property's l......
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National Mining Association v. Slater, Civil Action No. 00-00288 (ESH) (D. D.C. 9/18/2001), Civil Action No. 00-00288 (ESH).
...to a delegation or approval by a Federal agency. 16 U.S.C. § 470w(7). The Final Rule contains a nearly identical definition.26 36 C.F.R. § 800.16(y). Section 106 of the Act applies to "any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted un......
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Slockish v. U.S. Federal Highway Admin., No. CV-08-1169-ST.
...as eligible for the special programs and services provided by the United States to Indians because of their status as Indians"); 36 CFR § 800.16(m) (same); Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs, 53 Fed Reg, No. 250, p. 52......
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National Min. Ass'n v. Slater, CIV. A. 00-00288 (ESH).
...C.F.R. § 800.1(a). Under these procedures, an agency must first determine whether it is involved in an undertaking. 36 C.F.R. §§ 800.3(a), 800.16(y). If the agency decides that it Page 275 involved in an undertaking, it must then determine whether the action has the potential to affect hist......
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4 firm's commentaries
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Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program (NCHRP)
...SAFETEA-LU amended Section 4(f) to provide for a de minimis exception.60 This de minimis exception relies on findings made during 50 36 C.F.R. § 800.16(y). 51 36 C.F.R. §§ 800.5 (assessing effects); 800.6 (avoiding, minimizing, or mitigating adverse effects). 52 36 C.F.R. § 800.5(a). 53 23 ......
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Four States Legislate to Streamline Small Cell Deployment Bringing Total to 28 States – Part I: Nebraska
...47 C.F.R. part 17, as such regulation existed on January 1, 2019; (5) the facilities are not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as such regulation existed on January 1, 2019; and (6) the facilities do not result in human exposure to radio frequency radiation in exce......
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FCC Streamlines Wireless Environmental Review Process—Part 1
...antenna structure registration under Part 17 of this chapter; (v) The facilities are not located on Tribal lands, as defined under 36 CFR § 800.16(x); and (vi) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified i......
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FERC Revises Policy Statement On Consultation With Indian Tribes In Commission Proceedings
...106 define "Indian tribe" to include not only federally recognized tribes, but also ANCSA regional and village corporations. See 36 C.F.R. 800.16(m). What's Beyond these tweaks to the Policy Statement, it may not be surprising if FERC - alone or in conjunction with other agencies - takes st......
2 books & journal articles
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The National Historic Preservation Act: An Inadequate Attempt to Protect the Cultural and Religious Sites of Native Nations
...could be 65. 36 C.F.R. § 800.1(a) (2016). 66. National Historic Preservation Act of 1966, 54 U.S.C.A. § 302706(b) (West 2014). 67. 36 C.F.R. § 800.16(f). 68. 36 C.F.R. § 800.2(c)(2)(ii). This provision of the regulations acknowledges that Native Nations often have cultural and religious int......
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The National Historic Preservation Act at fifty: Surveying the Forest Service experience.
...106. Litigation involving decisions made pursuant to delegated programs led to ACHP further revising its undertakings definition under 36 C.F.R. 800.16 (y). Nat'l Mining Ass'n v. Fowler, 324 F.3d 752, 755 (D.C. Cir. 2003) (discussing the 1992 amendments). (91) Fowler, Preservation Program, ......
4 provisions
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Act 14, SB 239 – Relating to: limiting the authority of the state and political subdivisions to regulate certain wireless facilities and authorizing political subdivisions to impose setback requirements for certain mobile service support structures. (FE)
...require registration as an antenna structure under 47 CFR part 17.5. The wireless facility is not located on tribal land, as defined in 36 CFR 800.16 (x).6. The wireless facility does not result in human exposure to radio frequency in excess of the applicable safety standards specified in 4......
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Act 5, SB 76 – RELATING TO TELECOMMUNICATIONS; TO AUTHORIZE WIRELESS PROVIDERS TO INSTALL ON EXISTING OR NEW POLES
...not require antenna structure registration under 47 C.F.R. Part 17.e. The facilities are not located on tribal lands, as defined under 36 C.F.R. § 800.16.f. The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. ......
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Act 797, HB 1874 – TO ESTABLISH THE SMALL WIRELESS FACILITY DEPLOYMENT ACT
...registration under 47 C.F.R. Part 17, as it existed on January 1, 2019;(v) The facility is not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as it existed on January 1, 2019; and(vi) The facility does not result in human exposure to radio frequency in excess of the applicable ......
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Act 999, SB 602 – TO ESTABLISH THE SMALL WIRELESS FACILITY DEPLOYMENT ACT
...registration under 47 C.F.R. Part 17, as it existed on January 1, 2019;(v) The facility is not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as it existed on January 1, 2019; and(vi) The facility does not result in human exposure to radio frequency in excess of the applicable ......