[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR78.5]

[Page 410-411]
 
              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. 78.5  Review by the Secretary of the Interior.

    (a) If the Secretary considers that all or part of the agency's 
decision as outlined under Sec. 78.4(a) is inconsistent with the intent 
of the Act or these regulations for use of the waiver under 
extraordinary circumstances, the Secretary shall notify the Agency Head

[[Page 411]]

and the Director of the Office of Management and Budget within 5 days of 
receipt of the Federal Agency notice under Sec. 78.4(a) of termination 
of the waiver, or make appropriate recommendations for modifications of 
the waiver's use. Termination of a waiver by the Secretary is final.
    (b) If the waiver is still in effect at the time the Federal Agency 
Head receives recommendations from the Secretary, the Agency Head shall 
consider the recommendations and any comments received from the Advisory 
Council and the State Historic Preservation Officer before deciding 
whether to continue, withdraw, or modify the waiver. The Federal Agency 
Head shall respond to recommendations received from the Secretary either 
accepting or rejecting those recommendations, and, where recommendations 
are rejected, explaining the reasons for such a decision. Information 
copies of such response shall be forwarded by the Federal Agency Head to 
the Advisory Council on Historic Preservation and the appropriate State 
Historic Preservation Officer.
    (c) If the waiver is no longer in effect at the time the Federal 
Agency Head receives recommendations from the Secretary or comments from 
the Advisory Council or the State Historic Preservation Officer, the 
Federal Agency Head should consider such recommendations and comments in 
similar future emergencies.