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<br />"prior to the approval of the expenditure of any Federal funds on <br />the undertaking or prior to the issuance of any license." This does <br />not prohibit Agency Official from conducting or authorizing <br />nondestructive project planning activities before completing <br />compliance with Section 106, provided that such actions do not <br />restrict the subsequent consideration of alternatives to avoid, <br />minimize or mitigate the undertaking's adverse effects on historic <br />properties. <br /> <br />36 C.F.R. S 800.1(c). <br /> <br />When the effects on historic properties are similar and repetitive or are multi-state or <br /> <br />regional in scope or when the effects on historic properties cannot be fully determined prior to <br /> <br />approval ofan undertaking, a PA may be used. 36 CF.R. S 800.14(b)(1 )(i), (ii). Once the PA <br /> <br />has been signed, the Section 106 process is deemed complete. Subsequent compliance with the <br /> <br />procedures established by an approved PA satisfies the agency's Section 106 responsibilities for <br /> <br />all undertakings of the program covered by the agreement until it expires or is terminated. 36 <br /> <br />CF.R. S 800.14(b)(2)(iii). <br /> <br />Neither the Act nor the regulations define "license." In Weintraub v. Rural <br /> <br />Electrification Administration, 457 F.Supp 78 (M.D. Pa. 1978), the court believed that Congress <br /> <br />intended that the word license in Section 106 "have its technical meaning; that is, that it refers to <br /> <br />a written document constituting a permission or right to engage in some governmentally <br /> <br />supervised activity." Id. at 92. In addition, it appears that the permission must be the final step <br /> <br />necessary before an action can occur. National Indian Youth Council v. Watt, 664 F.2d 220, 228 <br /> <br />(lOth Cir. 1981) (The court held that lease approval did not constitute issuance of a license <br /> <br />because no mining operations could occur until the defendants obtained approval of the mining <br />\ <br /> <br />plan). <br /> <br />II <br /> <br />00737 <br />