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:- r-~ u Attachment ill 1) National Historic Preservation Act (NHPA), 80 Stat 915 as amended, P.L. 96-515, and implementing regulations 36 CFR Part 800. Section 106 of the NHPA (16 U.S.C. 470E) states: The head of any Federal agency having direct or indirect jurisdiction over. a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in [he National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under sections 470i to 470t o` this title a reasonable opportunity to coimnent with regard to such undertaking. "Undertaking" is defined in 36 CFR 800.2(c) as "... any Federal, federally assisted, or federally licensed action, activity, or program or the approval, sanction, assistance or support of any non-Federal action, activity, or program. Undertakings include new and continuing projects and program activities... that are ... (3) carried out pursuant to a Federal lease, permit, license, certificate, approval, or other form of entitlement or permission..." In 36 CFR 800.4 it states: Although a Federal agency may require non-Federal parties to undertake certain steps required by these regulations as a prerequisite to Federal action and may authorize non-Federal participation under this section and in the consultation process under Section 800.6 pursuant to approved counterpart regulations, the ultimate responsibility for compliance with these regulations remains' with the Federal agency and cannot be delegated by it. Because the agency has the final responsibility for compliance, it also must make the final decision as to the procedures necessary for such compliance. Therefore, to assist the agency in assessing the effect of the undertaking "The agency official shall... determine what further actions are necessary to discharge the agency's afFirmative responsibilities to locate and identify eligible properties [hat are within the area of the undertaking's potential environmental impact and that may be affected by the undertaking. Such actions may include a professional cultural resource survey of the environmental impact area, or parts of the area, if the area has not previously been adequately surveyed ..." 36 CFR 800.4(a)(2). "Eligible properties" are defined in 36 CFR 800.2(f) as "any district, site, building, structure or object that meets the National Register Criteria."