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5050.4 <br />3/21/80 <br />(d) If Federal grant money was used to acquire the land <br />involved (i.e., open space under HUD, various conservation programs under DOI), <br />the environmental assessment shall include evidence or reference to appropriate <br />communication with the grantor agency. <br />(e) Whether or not Federal agency lands are involved, the <br />documentation shall reflect consultation' with the DOI and, as pertinent, HUD <br />or USDA. <br />(f) The above instructions apply regardless of the extent of <br />impact and shall be reflected in the environmental assessment. When <br />section 4(f) applies and agencies which have jurisdiction agree that the <br />effects.of the action will be satisfactorily mitigated (e.g., by replacement <br />"in kind" of a park or portion thereof), the action may be considered not to <br />have significant section 4(f) impacts and no further analysis is needed. No <br />objection by affected agencies may be construed as agreement for this purpose. <br />If an agency which has jurisdiction advises that mitigation measures will not <br />avoid significant•effects, additional in-depth study and consultation may be <br />necessary for inclusion in an environmental impact statement as described in <br />paragraph 85g. <br />(8) Historic, Architectural, Archeological, and Cultural Resources. <br />(a) Two basic laws apply to this category of impact. Thresholds <br />concerning both of these laws must be examined in the environmental assessment. <br />1 The first law is the National Historic Preservation Act <br />of 1966, as amended, which established the Advisory Council on Historic <br />Preservation to advise the President and the Congress on historic preservation <br />matters, to recommend measures to coordinate Federal historic preservation <br />activities, and to comment on Federal actions affecting properties included in <br />or eligible for inclusion in the National Register of Historic Places. The <br />Advisory Council's most recent procedures for the "Protection of Historic and <br />Cultural Properties" (36 C.F.R. Part 800) were published in the Federal <br />Register on January 30, 1979. Subparagraph (b) below specifies requirements <br />under the National Historic Preservation Act of 1966, as amended. <br />2 The second law is the Archeological and Historic <br />Preservation Act of 1974 which provides for the survey, recovery, and preser- <br />vation of significant scientific, prehistorical, historical, archeological, or <br />paleontological data when such data may be destroyed or irreparably lost due <br />to a Federal, federally licensed, or federally funded project. The DOI <br />Heritage Conservation and Recreation Service's "Statement of Program Approach" <br />was published in the Federal Register on March 26, 1979, (40 F.R. 18117) to <br />advise on the manner in which this latter law will be implemented. Sub- <br />paragraph (c) specifies requirements under the Archeological and Historic <br />Preservation Act of 1974. <br />(b) The following are requirements under the National Historic <br />Preservation Act of 1966, as amended. <br />Page 38 <br />Chap 5 <br />Par 47 <br />