ACHP: Extension of Section 106 Emergency Provisions for COVID-19 Responses

05/26/2020 2:54 PM | ACRAsphere Blog Team

The Advisory Council on Historic Preservation (ACHP) has extended the use of emergency Section 106 procedures for projects related to COVID-19 until July 31. From the ACHP:

On April 3, the ACHP authorized an extension to May 29 for all federal agencies to use the emergency procedures to implement COVID-19-related emergency undertakings. These procedures expedite the Section 106 review process for any federal agency that proposes to carry out, license, approve, or fund undertakings that respond to a disaster or emergency declared by the President, a tribal government, or the governor of a state, or which respond to other immediate threats to life or property. Considering the likelihood such declarations will remain in place into the foreseeable near future, the ACHP today extended the use of these provisions until July 31 to allow for the ongoing needs of federal agency response.

Please note the section 800.12 emergency procedures can only be used for undertakings that will be implemented in response to a disaster or emergency or that respond to other immediate threats to life or property. Examples of such undertakings for COVID-19 response include but are not limited to new construction or adaptation of existing buildings for testing, treatment, or quarantining; creation of COVID-19 temporary facilities; and development of infrastructure specifically built to serve COVID-19 facilities and services. The expedited procedures in section 800.12 do not apply to non-emergency response or recovery undertakings. It is also important to note that the tolling (pausing) of Section 106 reviews by a State or Tribal Historic Preservation Officer, Indian tribe, or Native Hawaiian organization does not apply to consultation under these emergency procedures.

The official extension amendment is available here, and stay tuned to the ACRAsphere for additional updates regarding COVID-19 and the CRM industry.

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