Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 60523 

held Tuesday, November 8, 2004 

starting at 9 a.m. An agenda for this 

meeting will be published at a later 

date. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette C. Brinkley, Secretary to the 

Farm Credit Administration Board, 

(703) 883–4009, TTY (703) 883–4056. 

ADDRESSES: Farm Credit 

Administration, 1501 Farm Credit Drive, 

McLean, Virginia 22102–5090. 

Dated: October 14, 2005. 

Jeanette C. Brinkley, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 05–20957 Filed 10–14–05; 3:59 pm] 

BILLING CODE 6705–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Statement of Policy Regarding the 

National Historic Preservation Act 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Proposed Statement of Policy. 

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 

60524 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 

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 

FEDERAL RESERVE SYSTEM 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Board of Governors of the 

Federal Reserve System. 

SUMMARY: 

Background 

On June 15, 1984, the Office of 

Management and Budget (OMB) 

delegated to the Board of Governors of 

the Federal Reserve System (Board) its 

approval authority under the Paperwork 

Reduction Act, as per 5 CFR 1320.16, to 

approve of and assign OMB control 

numbers to collection of information 

requests and requirements conducted or 

sponsored by the Board under 

conditions set forth in 5 CFR 1320 

Appendix A.1. Board-approved