---
kind: "section"
citation: "36 C.F.R. § 78.4"
title: "36"
number: "78.4"
heading: "Federal Agency notice."
url: "https://uscodex.org/cfr/36/78.4"
---

# §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](/cfr/36/110.md) 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)](#a) shall be forwarded by the Federal Agency Head to the Advisory Council on Historic Preservation and the appropriate State Historic Preservation Officer.

## Notes

### Authority

Authority: National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470 et. seq.

### Source

Source: 50 FR 7590, Feb. 25, 1985, unless otherwise noted.
