36 CFR 800.2 - Participants in the Section 106 process
| Cite as | 36 CFR 800.2 |
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125 cases
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Del. Riverkeeper Network v. Pa. Dep't of Transp., CIVIL ACTION No. 18-4508
...of local governments with jurisdiction over the area, and applicants for Federal assistance, permits, licenses, and other approvals. 36 C.F.R. §§ 800.2(c)(1)-(4). Additional "individuals and organizations with a demonstrated interest in the undertaking may participate as consulting parties ......
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Indiana Coal Council, Inc. v. Lujan, Civ. A. No. 87-1016 (JHG)
...include new and continuing projects, activities, or programs and any of their elements not previously considered under section 106. 36 C.F.R. § 800.2(o). One type of undertaking by OSM that may adversely affect historic properties is the Secretary's approval of applications for primacy by S......
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Lesser v. City of Cape May, Civil Action No. 99-5575(JAP)
...section 106 requirement, and, if applicable, the section 110(f) requirement, and is granted the authority to approve an undertaking. 36 C.F.R. § 800.2(a) (1999); 36 C.F.R. § 800.1(a) (1998). "The Agency Official may be a State, local, or tribal government who has been delegated legal respon......
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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).
...106 process when it "determines that its involvement is necessary to ensure that the purposes of section 106 and the act are met." 36 C.F.R. § 800.2(b)(1). Rule 800.2(d) requires public participation in the section 106 process by instructing an agency to "seek and consider the views of the ......
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2 firm's commentaries
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Infrastructure Series: Tribes and Infrastructure
...12, 2018) 4 Consolidated Appropriations Act, P.L. 115-141. 5 Water Infrastructure Improvement for the Nation Act, P.L. 114-322. 6 36 C.F.R. § 800.2(c)(2)(ii)(A). 7 Department of the Interior, Department of Army, Department of Justice, “Improving Tribal Consultation and Tribal Involvement in......
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Infrastructure Series: Tribes And Infrastructure
...DC (Apr. 12, 2018) Consolidated Appropriations Act, P.L. 115-141. Water Infrastructure Improvement for the Nation Act, P.L. 114-322. 36 C.F.R. § 800.2(c)(2)(ii)(A). Department of the Interior, Department of Army, Department of Justice, "Improving Tribal Consultation and Tribal Involvement i......
3 books & journal articles
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Federal Wetlands Law Permits Under §404
...92-4 remains applicable to the regulatory program, under RGL 05-06. 198. 16 U.S.C. §470f. 199. 33 C.F.R. pt. 325, app. C, §2a. 200. 36 C.F.R. §800.2(j) (2008). 201. Id . In making these determinations, the Corps must consult with the applicable state historic preservation oicers and the Fed......
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The National Historic Preservation Act: An Inadequate Attempt to Protect the Cultural and Religious Sites of Native Nations
...relating to prehistory or history.56This 50. National Historic Preservation Act of 1966, 54 U.S.C.A. § 300101 (West 2014). 51. 36 C.F.R. § 800.2. 52. 54 U.S.C.A. § 304102(a)(1). 53. Id. § 304108. 54. 36 C.F.R. § 800.2(b). 55. 54 U.S.C.A. § 300101. 56. 36 C.F.R. § 60.4. The quality of signif......
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Federal Wetlands Law Permits Under §404
...oice, the application may also work closely with those agencies to address provisions to ameliorate potential adverse impacts. 274. 36 C.F.R. §800.2(j) (2008). 275. Id. 276. 16 U.S.C. §470f (l988). See discussion in Hough , 557 F. Supp. at 86–88, 13 ELR 20610 (Corps is required to follow pr......