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Home Historic Preservation Programs & Officers Federal FERC
Federal Energy Regulatory Commission
Historic Preservation Program
Heather E. Campbell
In January 1998, the Advisory Council on Historic Preservation (ACHP) executed a Programmatic Agreement (PA) among the Federal Energy Regulatory Commission (FERC) and nine State Historic Preservation Officers for the modification of the World War II-era Big Inch and Little Big Inch Pipelines.
Pertinent regulations implementing the Natural Gas Act (NGA) of 1938, as amended, are found at 18 CFR Part 157, Subpart F, Appendix II"Procedures for Compliance with the National Historic Preservation Act of 1966 Under Section 157.206(d)(3)(ii)." Researchers should also refer to the Office of Pipeline Regulation's Guidelines for Reporting on Cultural Resources Investigations (December 1994).
Other regulations that may also be informative can be found at 18 CFR Part 152"Exemptions from the Provisions of the NGA"; 18 CFR Part 153"Import/Export of Natural Gas"; 18 CFR Part 156"Order for Transportation and Sale of Natural Gas"; 18 CFR Part 157"Abandonment"; 18 CFR Part 157"Construction"; 18 CFR Part 157, Subpart F"Blanket Certificates and Authorizations"; 18 CFR Part 2.55"Definition of Terms Used in 7(c)"[facilities excluded by regulation from Section 7(c) "Construction"]; 18 CFR Part 380"Regulations Implementing the National Environmental Policy Act."
Although most of the Natural Gas Policy Act (NGPA) of 1978 has been repealed, Section 311 which may involve construction remains. This section is implemented through regulations found at 18 CFR Part 284.
Regulations found in 25 CFR Part 169, which deal with Rights-of-Way Over Indian Lands, may also be useful.
FERC's hydropower licensing regulations can be found at 18 CFR, Subchapter B, Part 4. Within these regulations, specific reference to historic properties and consultation can be found at Subpart F, Section 4.51(f)(4) and Subpart K, Section 4.107(e)(1), and Subpart D, Section 4.38.
New Guidelines Will Improve Historic Preservation at Hydroelectric Sites
In a demonstration of their commitment to facilitate historic preservation efforts and streamline the licensing process, ACHP and FERC jointly issued guidelines in May 2002 for the development of historic properties management plans for hydroelectric projects regulated by FERC.
The guidelines will help FERC, which uses historic properties management plans to address its responsibilities under Section 106 of the National Historic Preservation Act, streamline the process. Section 106 requires Federal agencies to identify and assess the effects of their actions on historic resources listed in or eligible for the National Register of Historic Places.
In addition, because the guidelines provide direction on the scope and content of historic properties management plans, they will help licensees better prepare their plans for considering and managing the effects of hydroelectric projects on National Register listed or eligible properties. Licensees will be able to better organize, predict, and prioritize the scope of effort needed and appropriately budget their resources.
Finally, the guidelines are expected to help FERC integrate historic properties management plans with other management plans, such as recreation plans, wildlife management plans, and operating plans.
FERC home page: www.ferc.fed.us
The Office of External Affairs is FERC's main source of information regarding energy regulatory matters for the general public; Federal, State, and local governments; news media; regulated entities; and public and private interest groups. Its Web site can be found at www.ferc.gov/about/offices/offices/oea/abou_offi_oea.htm.
Pipeline Regulation information: (202) 208-0700.