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FDIC Federal Register Citations

[Federal Register: October 18, 2005 (Volume 70, Number 200)]
[Notices]              
[Page 60523-60524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc05-58]                        

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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: http://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 http://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


 

Last Updated 10/18/2005 Regs@fdic.gov