WILLIAM DONALD SCHAEFER, Governor                   Ch. 311

the final project planning phase for a major transportation
capital project as defined in § 2-103.1 of the Transportation
Article, the requesting or responsible State unit shall consult
with the Trust to determine if the proposed capital project or
projects will adversely affect any property listed in or eligible
for the Maryland Register of Historic Properties.

(3)  To the extent not otherwise reviewed by the Trust
under this section, prior to approval of the use of the proceeds
of State general obligation bonds by the Board of Public Works,
the Department of State Planning, or the responsible State unit
shall consult with the Trust to determine if any nonstate capital
project will adversely affect any property listed in or eligible
for the Maryland Register of Historic Properties.

(4)  To the extent feasible, and as early in the
planning process as possible, a State unit utilizing nonbudgeted
funds for capital projects subject to the reporting requirements
of Article 88C, § 10(d) of the Code, shall consult with the Trust
to determine if the capital project will adversely affect any
property listed in or eligible for the Maryland Register of
Historic Properties.

(b)  For capital projects reviewed under subsection (a) of
this section, the Director shall determine whether the projects
will adversely affect any property listed in or eligible for the
Maryland Register of Historic Properties on or before 30 days
from the date of notification by a unit of the State government.
If the Director determines that the proposed project will have a
significant adverse effect on a listed or eligible property, the
State unit and the Director shall consult to determine if a
feasible and practicable means to avoid, mitigate, or
satisfactorily reduce the adverse effect exists.

(c)  If the Director and the State unit are unable to agree
on a plan to avoid, mitigate, or satisfactorily reduce the
adverse effect, the State unit shall submit to the Council a
report of the consultations and the findings and recommendations
of the State unit.

(d)  Within 30 days after the receipt of the report of the
State unit involved, the Council shall submit to the unit:

(1)  Comments accepting the adverse effect; or

(2)  Comments recommending practicable and feasible
alternatives that exist to avoid, mitigate, or satisfactorily
reduce the adverse effect.

(e)  (1) The State unit may proceed with the undertaking
incorporating the alternatives recommended by the Council, if
any; or

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