36 CFR § 78.4 - Federal Agency notice.

---
identifier: "/us/cfr/t36/s78.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 78.4 - Federal Agency notice."
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "78.4"
section_name: "Federal Agency notice."
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"
---


# 78.4 Federal Agency notice.

(a) Federal Agency Heads making use of the waiver authority shall, within 12 days of the effective date of the waiver, notify the Secretary of the Interior, in writing, identifying:

(1) The major natural disaster or imminent threat to the national security necessitating the waiver and the emergency action taken;

(2) The period of effect of the waiver;

(3) Which provisions of section 110 have been waived;

(4) The geographic area to which the waiver applies; and

(5) The measures and procedures used to avoid or minimize harm to historic properties under the conditions necessitating the waiver.

(b) Information copies of the notice under § 78.4(a) shall be forwarded by the Federal Agency Head to the Advisory Council on Historic Preservation and the appropriate State Historic Preservation Officer.