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authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental <br />take" provisions, etc.) from the U.S. FWS or the NMFS, both lethal and non - lethal <br />"takes" of protected species are in violation of the ESA. Information on the location of <br />threatened and endangered species and their critical habitat can be obtained directly from <br />the offices of the U.S. FWS and NMFS or their world wide Web pages at <br />http: / /www.fws.gov/ and http : / /www.noaa.gov /fisheries.html respectively. <br />18. Historic Properties (a) In cases where the district engineer determines that <br />the activity may affect properties listed, or eligible for listing, in the National Register of <br />Historic Places, the activity is not authorized, until the requirements of Section 106 of the <br />National Historic Preservation Act (NHPA) have been satisfied. <br />(b) Federal permittees should follow their own procedures for complying with the <br />requirements of Section 106 of the National Historic Preservation Act. Federal permittees <br />must provide the district engineer with the appropriate documentation to demonstrate <br />compliance with those requirements. <br />(c) Non- federal permittees must submit a pre- construction notification to the <br />district engineer if the authorized activity may have the potential to cause effects to any <br />historic properties listed, determined to be eligible for listing on, or potentially eligible <br />for listing on the National Register of Historic Places, including previously unidentified <br />properties. For such activities, the pre- construction notification must state which historic <br />properties may be affected by the proposed work or include a vicinity map indicating the <br />location of the historic properties or the potential for the presence of historic properties. <br />Assistance regarding information on the location of or potential for the presence of <br />historic resources can be sought from the State Historic Preservation Officer or Tribal <br />Historic Preservation Officer, as appropriate, and the National Register of Historic Places <br />(see 33 CFR 330.4(8)). The district engineer shall make a reasonable and good faith <br />effort to carry out appropriate identification efforts, which may include background <br />research, consultation, oral history interviews, sample field investigation, and field <br />survey. Based on the information submitted and these efforts, the district engineer shall <br />determine whether the proposed activity has the potential to cause an effect on the <br />historic properties. Where the non - Federal applicant has identified historic properties <br />which the activity may have the potential to cause effects and so notified the Corps, the <br />non - Federal applicant shall not begin the activity until notified by the district engineer <br />either that the activity has no potential to cause effects or that consultation under Section <br />106 of the NHPA has been completed. <br />(d) The district engineer will notify the prospective permittee within 45 days of <br />receipt of a complete pre- construction notification whether NHPA Section 106 <br />consultation is required. Section 106 consultation is not required when the Corps <br />determines that the activity does not have the potential to cause effects on historic <br />properties (see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and <br />will occur, the district engineer will notify the non - Federal applicant that he or she cannot <br />begin work until Section 106 consultation is completed. <br />(e) Prospective permittees should be aware that section 1 IOk of the NHPA (16 <br />U.S.C. 470h -2(k)) prevents the Corps from granting a permit or other assistance to an <br />applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has <br />intentionally significantly adversely affected a historic property to which the permit <br />