Home Working with Section 106 Users Guide Extension of Emergency Provisions under 36 CFR Part 800.12

PLEASE NOTE:

As of March 29, 2004, the following extension is no longer in effect.

Any agency wanting an extension must individually request it per 36 C.F.R. 800.12(d).

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On September 14, 2001, President Bush proclaimed a Declaration of National Emergency by Reason of Certain Terrorist Attacks (Federal Register, Vol. 66, No. 181, p. 48199). As a result of this declaration, Federal agencies may use the emergency provisions of ACHP's regulations as outlined in 36 CFR Part 800.12, for those undertakings that are an essential and immediate response to the President's declaration.

Under ACHP's regulations, these provisions apply "only to those undertakings that will be implemented within 30 days after the disaster or emergency has been formally declared...." However, because of the nature of the emergency and the ongoing need to provide for national security, ACHP is, until further notice, extending the period of applicability for using ACHP's emergency provisions, provided that agency undertakings are directly associated with "the continuing and immediate threat of further attacks" as stated in the presidential declaration.

While ACHP's regulations provide an opportunity for individual agencies to request an extension of the emergency provisions, in light of the fact that numerous agencies may be implementing emergency undertakings in the coming months, ACHP is granting extensions without the need for agencies to make an official request.

ACHP urges those agencies that may have a need to implement emergency provisions for multiple undertakings to develop agency-wide procedures for taking historic properties into account during their emergency operations.

Questions concerning ACHP's decision to extend its emergency provisions can be directed by e-mail to achp@achp.gov.

Updated March 29, 2004

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