[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2008]
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.