Statement of Policy Regarding the National Historic Preservation Act, 60523-60524 [05-20767]

Agencies

• FEDERAL DEPOSIT INSURANCE CORPORATION

[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Pages 60523-60524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20767]


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FEDERAL DEPOSIT INSURANCE CORPORATION


Statement of Policy Regarding the National Historic Preservation 
Act

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Proposed Statement of Policy.

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SUMMARY: The FDIC is proposing to revise its Statement of Policy on the 
National Historic Preservation Act of 1966 (NHPA). The revised 
Statement of Policy reflects the FDIC's experience and practices in 
applying the current NHPA Statement of Policy and statutory changes to 
the NHPA and its implementing regulations. The revised Statement of 
Policy is relevant to applications for deposit insurance for de novo 
institutions, applications for the establishment of domestic branches, 
and applications for the relocation of domestic branches or main 
offices.

DATES: Comments must be submitted on or before December 19, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     Agency Web site: https://www.fdic.gov/regulations/laws/
federal/propose.html. Follow the instructions for submitting comments.
     E-mail: comments@fdic.gov.
     Mail: Robert E. Feldman, Executive Secretary, Attention: 
Comments/Legal ESS, Federal Deposit Insurance Corporation, 550 17th 
Street, NW., Washington, DC 20429.
     Hand Delivered/Courier: The guard station at the rear of 
the 550 17th Street Building (located on F Street), on business days 
between 7 a.m. and 5 p.m.
     Public Inspection: Comments may be inspected and 
photocopied in the FDIC Public Information Center, Room 100, 801 17th 
Street, NW., Washington, DC, between 9 a.m. and 4:30 p.m. on business 
days.
     Internet Posting: Comments received will be posted without 
change to https://www.fdic.gov/regulations/laws/federal/propose.html, 
including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Kevin W. Hodson, Section Chief, Risk 
Management and Applications Section, Division of Supervision and 
Consumer Protection (202) 898-6919, or Susan van den Toorn, Counsel, 
Legal Division (202) 898-8707; Federal Deposit Insurance Corporation, 
Washington, DC 20429.

SUPPLEMENTARY INFORMATION: The FDIC has determined that its Statement 
of Policy on the NHPA (SOP) should be revised. See: 1 FDIC Law, 
Regulations, Related Acts 5175. The proposed SOP, in updating and 
clarifying the NHPA requirements relevant to applicants and the FDIC, 
will provide for more efficient processing and timely resolution of 
matters pertaining to the NHPA. The proposed SOP incorporates the role 
of Tribal Historic Preservation Officers in the review process to take 
into account the responsibilities of the FDIC pursuant to a number of 
statutes relating to Indian Tribes and Native Hawaiian organizations. 
The proposed Statement of Policy continues to provide for public 
involvement in the FDIC's NHPA compliance activities through the 
comment periods provided for relevant applications in 12 CFR part 303.
    The NHPA sets forth a national policy to promote the preservation 
of historic resources. It requires, in part, that all agencies of the 
Federal Government consider the effects of their undertakings on 
historic properties. The Advisory Council on Historic Preservation 
(Advisory Council) has adopted regulations that implement this 
requirement. 36 CFR part 800. The FDIC considers applications for 
deposit insurance for de novo institutions, applications to establish a 
domestic branch, and applications to relocate a domestic branch or main 
office (collectively, ``Covered Applications'') to be undertakings for 
the purposes of section 106 of the NHPA. Because the NHPA has been 
amended and the Advisory Council has revised its regulations during the 
interim period, the FDIC is taking this opportunity to revise its SOP 
to conform to those amendments and revisions.

Request for Public Comment as Part of EGRPRA

    Consistent with the spirit of section 2222 of the Economic Growth 
and Regulatory Paperwork Reduction Act of 1996 (EGRPRA, 12 U.S.C. 
3311), the FDIC requests public comment to identify any areas of the 
proposed SOP that are outdated, unnecessary, or unduly burdensome.
    The Board of Directors of the FDIC hereby proposes the revised 
Statement of Policy on the National Historic Preservation Act, as set 
forth below.

National Historic Preservation Act of 1966 Procedures Relating to 
Filings Made With the FDIC

    This Statement of Policy (SOP) addresses the FDIC's compliance with 
the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 
470 et seq. (NHPA), with respect to certain applications submitted to 
the FDIC in accordance with governing regulations at 12 CFR part 303. 
This SOP is relevant to applications for deposit insurance for de novo 
institutions, applications for the establishment of domestic branches, 
and applications for the relocation of domestic branches or main 
offices (collectively, ``Covered Applications'').
    Prior to an Applicant taking an action with respect to a property 
or site relevant to a Covered Application, the FDIC must consider the 
potential effects of the proposal on the property or site. Relevant 
sites include any property of historical, architectural, archeological, 
or cultural significance, including land and structures; such sites may 
be either included in the National Register of Historic Places 
(National Register) or eligible for inclusion. Further, properties 
relevant to a Covered Application include those properties owned or to 
be owned by the institution, as well as any property that is or will be 
leased from a third party. Applicants are cautioned that no action 
should be taken with respect to a property or site relevant to a 
Covered Application prior to obtaining consent from or entering into an 
alternative resolution with the FDIC and, as applicable, the 
appropriate State or Tribal Historic Preservation Officer (SHPO/THPO) 
and the Advisory Council. Such actions include:
     Demolition of existing buildings or any change to the 
physical structure or use of the property, or of physical features 
within the property's setting;
     Excavation of the land, construction of any new 
structures, or the introduction of visual, atmospheric, or audible 
elements that diminish the integrity of the property's significant 
historic features;
     Neglect of a property that causes its deterioration; or
     The transfer, lease, or sale of a property, or any portion 
of the property by the applicant without adequate and legally 
enforceable restrictions or conditions to ensure long-term

[[Page 60524]]

preservation of the property's historic significance.

A. Relevant Laws, Executive Orders and Regulations

    The NHPA is the primary historic preservation law affecting Covered 
Applications and outlines the historic preservation responsibilities of 
Federal agencies. Among these responsibilities, Federal agencies must 
consider the effects of their undertakings on historic properties and 
afford the Advisory Council on Historic Preservation (Advisory Council) 
a reasonable opportunity to comment on such undertakings before they 
occur. The NHPA and other applicable statutes, regulations, and 
guidance are as follows:
     National Historic Preservation Act of 1966, as amended 
through 2000.
     National Environmental Policy Act of 1969 (NEPA).
     Archeological and Historic Preservation Act of 1974 
(AHPA).
     Archeological Resources Protection Act of 1979 (ARPA).
     Native American Graves and Repatriation Act of 1990 
(NAGPRA).
     American Indian Religious Freedom Act of 1978 (AIRFA).
     Executive Order 12898: Environmental Justice (1994).
     Executive Order 13007: Indian Sacred Sites (1996).
     12 CFR part 303.
     36 CFR part 68.
     36 CFR part 800.
    This SOP supplements the Advisory Council regulations found at 36 
C.F.R. part 800.

B. Covered Applications

    In connection with a Covered Application and prior to taking any 
action that would affect a proposed site, Applicants should assess 
whether or not their proposal involves an historic property or district 
and determine whether or not the property is included (or eligible for 
inclusion) in the National Register. Applicants should request 
information from their SHPO and, in the case of tribal lands, the THPO 
to determine whether or not their proposal may affect an historic 
property or district. If there is a question as to whether a proposal 
involves an historic property or district, the Applicant should obtain 
SHPO/THPO clearance before proceeding with the proposal.
    SHPO/THPO consent may not be necessary in all circumstances. 
Examples under which such consent may be unnecessary are those 
applications for messenger services or in which financial institution 
offices would be located in supermarkets, existing shopping centers, 
mobile or seasonal facilities, or properties that have been newly 
constructed and in which the Applicant had no ownership interest prior 
to or during construction. If there is a question as to the 
requirements for prior SHPO/THPO clearance, Applicants should consult 
with the appropriate FDIC Regional Office.
    If the proposal involves a district, site, building, structure or 
object that is included in or eligible for inclusion in the National 
Register, the Applicant should provide the FDIC with information 
relevant to the proposed site. This information will facilitate the 
FDIC's review of the proposal, and should include:
     Plans for destruction or alteration of all or any part of 
the property;
     Plans for isolation from or alteration of the surrounding 
environment;
     Plans for the introduction of visual, audible, or 
atmospheric elements;
     Details regarding any restrictions or conditions affecting 
the long-term preservation of the property's historic significance;
     Information received from the SHPO/THPO, as applicable; 
and
     Such other details as appropriate for the proper 
evaluation of the proposal.
    In order for the Applicant to participate fully in consultations, 
the FDIC will generally issue a letter to the appropriate SHPO/THPO 
specifically designating the Applicant as a ``consulting party.'' It is 
the FDIC's view that all applicants should be so designated in order to 
facilitate the assessment and consultation process.

C. FDIC Determinations and Resolution of Potential Adverse Effects

    If, upon review, the FDIC concurs that no historic properties are 
present or affected, it will provide documentation to the SHPO/THPO 
and, barring any objection within 30 days, will proceed with the 
Covered Application.
    If the FDIC, in consultation with the appropriate SHPO/THPO, finds 
that a proposal involves a district, site, building, structure or 
object that is included in or eligible for inclusion in the National 
Register, the FDIC must consider the potential effect of the proposal 
on the property or district, or any property of historical, 
architectural, archeological, or cultural significance that is located 
in the area of the proposed undertaking. After considering relevant 
information provided by the consulting parties or otherwise available, 
a determination will be made as to the effect the proposal may have on 
the historic property or district.
    In the event the FDIC determines that the proposal may have an 
adverse effect, the FDIC will consult with the SHPO/THPO and the 
Applicant to seek an agreeable resolution. Such a resolution may be 
executed in the form of a Memorandum of Agreement among the consulting 
parties. If the Advisory Council has not participated in the 
consultation, a copy of the proposed or executed Memorandum of 
Agreement and supporting documentation (as specified in the Advisory 
Council regulations) will be provided to the Advisory Council.
    Consultation may be terminated by the SHPO/THPO or other designated 
consulting party if determined to be unproductive. In this case, the 
FDIC, Advisory Council and, as appropriate, the remaining consulting 
parties, may enter into a Memorandum of Agreement.

D. Information Requests

    Public involvement through the comment period for a Covered 
Application (as provided for in 12 CFR part 303) is an important part 
of the consultation process. Inquiries by interested parties regarding 
specific Covered Applications should be directed to the appropriate 
Regional Director of the FDIC's Division of Supervision and Consumer 
Protection.

    Dated at Washington, DC, this 6th day of October 2005.

    By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 05-20767 Filed 10-17-05; 8:45 am]
BILLING CODE 6714-01-P