[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2006]

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

[CITE: 36CFR800.10]



[Page 101]

 

              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.  800.10  Special requirements for protecting National Historic 

Landmarks.



    (a) Statutory requirement. Section 110(f) of the act requires that 

the agency official, to the maximum extent possible, undertake such 

planning and actions as may be necessary to minimize harm to any 

National Historic Landmark that may be directly and adversely affected 

by an undertaking. When commenting on such undertakings, the Council 

shall use the process set forth in Sec. Sec.  800.6 through 800.7 and 

give special consideration to protecting National Historic Landmarks as 

specified in this section.

    (b) Resolution of adverse effects. The agency official shall request 

the Council to participate in any consultation to resolve adverse 

effects on National Historic Landmarks conducted under Sec.  800.6.

    (c) Involvement of the Secretary. The agency official shall notify 

the Secretary of any consultation involving a National Historic Landmark 

and invite the Secretary to participate in the consultation where there 

may be an adverse effect. The Council may request a report from the 

Secretary under section 213 of the act to assist in the consultation.

    (d) Report of outcome. When the Council participates in consultation 

under this section, it shall report the outcome of the section 106 

process, providing its written comments or any memoranda of agreement to 

which it is a signatory, to the Secretary and the head of the agency 

responsible for the undertaking.