16 U.S.C. § 470s
Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
[repealed]
Notes of Decisions
Cited in 17
cases, 1982–2015 · leading case: Natl Mining Assn v. Fowler, John, 324 F.3d 752 (D.C. Cir. 2003).
Natl Mining Assn v. Fowler, John, 324 F.3d 752 (D.C. Cir. 2003). “” 16 U.S.C. § 470s. This case involves a dispute over which projects trigger section 106’s procedural requirements: (1) all statutory “undertakings” or (2) only “undertakings” that are “Federal or federally assisted” or licensed by a “Federal department or independent agency.”
CTIA—Wireless Ass'n v. Fed. Commc'ns Comm'n, 466 F.3d 105 (D.C. Cir. 2006). “Congress has granted the Council authority “to promulgate such rules and regulations as it deems necessary to govern the implementation of section 470f of this title[, section 106 of the Act,] in its entirety.”
Save Our Heritage, Inc. v. Fed. Aviation Admin., 269 F.3d 49 (1st Cir. 2001). “The Advisory Council on Historic Preservation, which is authorized to enforce NHPA, see 16 U.S.C. § 470s, questioned the FAA’s reading of NHPA, and petitioner Save Our Heritage unsuccessfully sought reconsideration and rehearing of both the Part 139 certification and the…”
Nat'l Mining Ass'n v. Slater, 167 F. Supp. 2d 265 (D.D.C. 2001). “” 16 U.S.C. § 470s. • Finally, section 110 harmonizes the roles of the Council and the federal agencies with regard to the requirements of section 106.”
Te-Moak Tribe of W. Shoshone v. United States Dep't of Interior, 608 F.3d 592 (9th Cir. 2010). “16 U.S.C. § 470s. We have previously determined that federal agencies must comply with these regulations.”
Narragansett Indian Tribe v. Warwick Sewer Auth., 334 F.3d 161 (1st Cir. 2003). “16 U.S.C. § 470s. The Council has issued detailed regulations to give substance to § 106’s consultation requirements.”
Apache Survival Coalition v. United States, 21 F.3d 895 (9th Cir. 1994). “(1993); 16 U.S.C. § 470s (1988). .The "shrines” consisted of a number of artifacts, including cairns and pottery shards, that were scattered in a manner that suggested their use in religious activities.”
Okinawa Dugong v. Gates, 543 F. Supp. 2d 1082 (N.D. Cal. 2008). “a reasonable opportunity to comment”), and while the ACHP is given express authority to promulgate regulations implementing section 106, it does not have comparable authority for section 402, see 16 U.S.C. § 470s. The differing role of the ACHP in the domestic and foreign…”
Grand Canyon Trust v. Williams, 98 F. Supp. 3d 1044 (D. Ariz. 2015). “The situation at the Canyon Mine thus fell squarely within the plain language of sub-paragraph (b)(3).”
Lesser v. City of Cape May, 110 F. Supp. 2d 303 (D.N.J. 2000). “Pursuant to 16 U.S.C. § 470s, the Advisory Council promulgates administrative regulations to govern the implementation of the review process.”
Sugarloaf Citizens Ass'n. v. Fed. Energy Regulatory Comm'n, 959 F.2d 508 (4th Cir. 1992). “…promulgate such rules and regulations as it deems necessary to govern the implementation of section 470f of [NHPA].” 16 U.S.C. § 470s.”
Comm. to Save Cleveland's Huletts v. U.S. Army Corps of Engineers, 163 F. Supp. 2d 776 (N.D. Ohio 2001). “Ohio 1982) (“holding that the ACHP’s regulations govern the implementation of § 106 for all federal agencies”); 16 U.S.C. § 470s (the ACHP may “promulgate such rules and regulations as it deems necessary to govern the implementation of [Section 106] .”
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