36 CFR § 78.3 - Federal Agency decision to waive responsibilities.

---
identifier: "/us/cfr/t36/s78.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 78.3 - Federal Agency decision to waive responsibilities."
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "78.3"
section_name: "Federal Agency decision to waive responsibilities."
chapter_name: "NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR"
part_number: "78"
part_name: "WAIVER OF FEDERAL AGENCY RESPONSIBILITIES UNDER SECTION 110 OF THE NATIONAL HISTORIC PRESERVATION ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470"
regulatory_source: "50 FR 7590, Feb. 25, 1985, unless otherwise noted."
cfr_part: "78"
---


# 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 § 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.