HR6353-119

1. Section 106 requirement waiver Notwithstanding section 306018 of title 54, United States Code (formerly known as section 106 of the National Historic Preservation Act), section 106 requirements shall not apply to an undertaking if— the undertaking is a project, activity, or program carried out for the primary purpose of structurally rehabilitating or otherwise upgrading a public water system or treatment works; and the entity carrying out the undertaking requests to the responsible agency that the undertaking be excluded from section 106 requirements. In this section: The term public water system has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f). The term responsible agency means— the Federal agency having jurisdiction over an undertaking; or the Federal or independent agency having authority to license an undertaking. The term section 106 requirements means— the requirements of section 306108 of title 54, United States Code; and the section 106 process as it is described in part 800 of title 36, Code of Federal Regulations (or successor regulations). The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292). The term undertaking has the meaning given the term in section 300320 of title 54, United States Code.