[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR800.12]

[Page 97-98]
 
              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

[[Page 98]]

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.