[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR800.12]



[Page 103]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

                     CHAPTER VIII--ADVISORY COUNCIL

                        ON HISTORIC PRESERVATION

 

PART 800_PROTECTION OF HISTORIC PROPERTIES--Table of Contents

 

                    Subpart B_The section 106 Process

 

Sec. 800.12  Emergency situations.



    (a) Agency procedures. The agency official, in consultation with the 

appropriate SHPOs/THPOs, affected Indian tribes and Native Hawaiian 

organizations, and the Council, is encouraged to develop procedures for 

taking historic properties into account during operations which respond 

to a disaster or emergency declared by the President, a tribal 

government, or the Governor of a State or which respond to other 

immediate threats to life or property. If approved by the Council, the 

procedures shall govern the agency's historic preservation 

responsibilities during any disaster or emergency in lieu of Sec. Sec. 

800.3 through 800.6.

    (b) Alternatives to agency procedures. In the event an agency 

official proposes an emergency undertaking as an essential and immediate 

response to a disaster or emergency declared by the President, a tribal 

government, or the Governor of a State or another immediate threat to 

life or property, and the agency has not developed procedures pursuant 

to paragraph (a) of this section, the agency official may comply with 

section 106 by:

    (1) Following a programmatic agreement developed pursuant to Sec. 

800.14(b) that contains specific provisions for dealing with historic 

properties in emergency situations; or

    (2) Notifying the Council, the appropriate SHPO/THPO and any Indian 

tribe or Native Hawaiian organization that may attach religious and 

cultural significance to historic properties likely to be affected prior 

to the undertaking and affording them an opportunity to comment within 

seven days of notification. If the agency official determines that 

circumstances do not permit seven days for comment, the agency official 

shall notify the Council, the SHPO/THPO and the Indian tribe or Native 

Hawaiian organization and invite any comments within the time available.

    (c) Local governments responsible for section 106 compliance. When a 

local government official serves as the agency official for section 106 

compliance, paragraphs (a) and (b) of this section also apply to an 

imminent threat to public health or safety as a result of a natural 

disaster or emergency declared by a local government's chief executive 

officer or legislative body, provided that if the Council or SHPO/THPO 

objects to the proposed action within seven days, the agency official 

shall comply with Sec. Sec. 800.3 through 800.6.

    (d) Applicability. This section applies only to undertakings that 

will be implemented within 30 days after the disaster or emergency has 

been formally declared by the appropriate authority. An agency may 

request an extension of the period of applicability from the Council 

prior to the expiration of the 30 days. Immediate rescue and salvage 

operations conducted to preserve life or property are exempt from the 

provisions of section 106 and this part.