National Historic Preservation Act of 1996
Section 106
  
[16 U.S.C. 470f — Advisory Council on Historic Preservation, comment on 
Federal undertakings]
  
The head of any Federal agency having direct or indirect jurisdiction over a 
proposed Federal or federally assisted undertaking in any State and the head 
of any Federal department or independent agency having authority to license 
any undertaking shall, prior to the approval of the expenditure of any 
Federal funds on the undertaking or prior to the issuance of any license, as 
the case may be, take into account the effect of the undertaking on any 
district, site, building, structure, or object that is included in or 
eligible for inclusion in the National Register.  The head of any such 
Federal agency shall afford the Advisory Council on Historic Preservation 
established under Title II of this Act a reasonable opportunity to comment 
with regard to such undertaking


Section 110 (E) that the agency's procedures for compliance with section 106 
of this Act — 
  
(i) are consistent with regulations issued by the Council pursuant to section 
211 of this Act;
  
(ii) provide a process for the identification and evaluation of historic 
properties for listing in the National Register and the development and 
implementation of agreements, in consultation with State Historic 
Preservation Officers, local governments, Indian tribes, Native Hawaiian 
organizations, and the interested public, as appropriate, regarding the means 
by which adverse effects on such properties will be considered; and




SECTION 110 K
[16 U.S.C. 470h-2(k) — Anticipatory demolition]
  
(k)        Each Federal agency shall ensure that the agency will not grant a 
loan, loan guarantee, permit, license, or other assistance to an applicant 
who, with intent to avoid the requirements of section 106 of this Act, has 
intentionally significantly adversely affected a historic property to which 
the grant would relate, or having legal power to prevent it, allowed such 
significant adverse effect to occur, unless the agency, after consultation 
with the Council, determines that circumstances justify granting such 
assistance despite the adverse effect created or permitted by the applicant.

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