[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR6.301]

[Page 107-108]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 6_PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON 
ENVIRONMENTAL QUALITY ON THE NATIONAL ENVIRONMENTAL POLICY ACT--
 
Subpart C_Coordination With Other Environmental Review and Consultation 
                              Requirements
 
Sec. 6.301  Landmarks, historical, and archeological sites.

    EPA is subject to the requirements of the Historic Sites Act of 
1935, 16 U.S.C. 461 et seq., the National Historic Preservation Act of 
1966, as amended, 16 U.S.C. 470 et seq., the Archaeological and Historic 
Preservation Act of 1974, 16 U.S.C. 469 et seq., and Executive Order 
11593, entitled ``Protection and Enhancement of the Cultural 
Environment.'' These statutes, regulations and executive orders 
establish review procedures independent of NEPA requirements.
    (a) National natural landmarks. Under the Historic Sites Act of 
1935, the Sec. etary of the Interior is authorized to designate areas as 
national natural landmarks for listing on the National Registry of 
Natural Landmarks. In conducting an environmental review of a proposed 
EPA action, the responsible official shall consider the existence and 
location of natural landmarks using information provided by the National 
Park Service pursuant to 36 CFR 62.6(d) to avoid undesirable impacts 
upon such landmarks.
    (b) Historic, architectural, archeological, and cultural sites. 
Under section 106 of the National Historic Preservation Act and 
Executive Order 11593, if an EPA undertaking affects any property with 
historic, architectural, archeological or cultural value that is listed 
on or eligible for listing on the National Register of Historic Places, 
the responsible official shall comply with the procedures for 
consultation and comment promulgated by the Advisory Council on Historic 
Preservation in 36 CFR part 800. The responsible

[[Page 108]]

official must identify properties affected by the undertaking that are 
potentially eligible for listing on the National Register and shall 
request a determination of eligibility from the Keeper of the National 
Register, Department of the Interior, under the procedures in 36 CFR 
part 63.
    (c) Historic, prehistoric and archeological data. Under the 
Archeological and Historic Preservation Act, if an EPA activity may 
cause irreparable loss or destruction of significant scientific, 
prehistoric, historic or archeological data, the responsible official or 
the Sec. etary of the Interior is authorized to undertake data recovery 
and preservation activities. Data recovery and preservation activities 
shall be conducted in accordance with implementing procedures 
promulgated by the Sec. etary of the Interior. The National Park Service 
has published technical standards and guidelines regarding archeological 
preservation activities and methods at 48 FR 44716 (September 29, 1983).

[44 FR 64177, Nov. 6, 1979, as amended at 50 FR 26316, June 25, 1985]