[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR78.3]

[Page 410]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 78--WAIVER OF FEDERAL AGENCY RESPONSIBILITIES UNDER SECTION 110 OF THE NATIONAL HISTORIC PRESERVATION ACT--Table of Contents
 
Sec. 78.3  Federal Agency decision to waive responsibilities.

    (a) When a Federal Agency Head determines, under extraordinary 
circumstances, that there is an imminent threat of a major natural 
disaster or an imminent threat to the national security such that an 
emergency action is necessary to the preservation of human life or 
property, and that such emergency action would be impeded if the Federal 
Agency were to concurrently meet its historic preservation 
responsibilities under section 110 of the Act, that Federal Agency Head 
may immediately waive all or part of those responsibilities, subject to 
the procedures set forth herein and provided that the agency head 
implements such measures or procedures as are possible in the 
circumstances to avoid or minimize harm to historic properties.
    (b) Waiver under Sec. 78.3(a) shall not exceed the period of time 
during which the emergency circumstances necessitating the waiver exist.
    (c) In no event shall a Federal Agency Head delay an emergency 
action necessary to the preservation of human life or property for the 
purpose of complying with the requirements in section 110 of the Act.