C.F.R. » Title 36 » CHAPTER VIII—ADVISORY COUNCIL ON HISTORIC PRESERVATION › PART 800—PROTECTION OF HISTORIC PROPERTIES › Subpart B—The section 106 Process

36 C.F.R. § 800.10

Special requirements for protecting National Historic Landmarks

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(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 §§ 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 § 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.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1976–2026 · leading case: Stop H-3 Ass'n, & Hui Malama Aina O Ko'olau v. William T. Coleman, Jr., as Sec'y of the United States Dep't of Transp., 533 F.2d 434 (9th Cir. 1976).
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Stop H-3 Ass'n, & Hui Malama Aina O Ko'olau v. William T. Coleman, Jr., as Sec'y of the United States Dep't of Transp., 533 F.2d 434 (9th Cir. 1976). · cites it 2× “36 C.F.R. § 800.10 (1975). As defined in 36 C.”
Neighborhood Ass'n of the Back Bay, Inc. v. Fed. Transit Admin., 463 F.3d 50 (1st Cir. 2006). · cites it 2× “The implementing regulation for section 110(f), 36 C.F.R. § 800.10 , calls for the same procedures as section 106 (ie.”
Coliseum Square Ass'n v. Jackson, 465 F.3d 215 (5th Cir. 2006). · cites it 2× “See also 36 C.F.R. § 800.10 (a) Plaintiffs raise two challenges to HUD’s compliance with the NHPA: 1) that HUD’s compliance with the NHPA § 106 process was defective and 2) that HUD had, and neglected to fulfill, a duty to minimize direct harm to National Historic Landmarks…”
Lesser v. City of Cape May, 110 F. Supp. 2d 303 (D.N.J. 2000). · cites it 3× “36 C.F.R. § 800.10 (b) (1999); 36 C.F.R. § 800.”
Barcelo v. Brown, 478 F. Supp. 646 (D.P.R. 1979). “*693 Criteria for inclusion in the National Register is established in 36 C.F.R. 800.10(a): “ ‘National Register Criteria’ means the following criteria established by the Secretary of the Interior for use in evaluating and determining the eligibility of properties for listing in…”
State Ex Rel. Fort Snelling State Park Ass'n v. Minneapolis Park & Rec. Bd., 673 N.W.2d 169 (Minn. Ct. App. 2003). “2d at 88 (quoting 36 C.F.R. § 800.10 (a) (current version at 36 C.”
Aluli v. Brown, 437 F. Supp. 602 (D. Haw. 1977). “36 C.F.R. § 800.10 states in pertinent part: (a) “National Register Criteria” means the following criteria established by the Secretary of the Interior for use in evaluating and determining the eligibility of properties for listing in the National Register: The quality of…”
Safeguarding Historic Hanscom Area's Irreplaceable Resources, Inc. v. Fed. Aviation Admin., 651 F.3d 202 (1st Cir. 2011). “§ 4T0h — 2(f); 36 C.F.R. § 800.10 . Given the FAA’s warranted determination that there would be no effects on nearby historic sites, the agency was under no obligation to move to this more intensive level of review.”
State Ex Rel. Archabal v. Cnty. of Hennepin, 495 N.W.2d 416 (Minn. 1993). “2d at 88 (quoting 36 C.F.R. § 800.10 (a)). All parties agree that the Armory is within the MERA definition of “natural resource.”
State Ex Rel. Powderly v. Erickson, 285 N.W.2d 84 (Minn. 1979). “” 36 C.F.R. § 800.10 (a). Although these criteria do not control our decision, they do indicate what factors should be considered in determining whether the row houses are historical resources.”
Okinawa Dugong v. Gates, 543 F. Supp. 2d 1082 (N.D. Cal. 2008). “§ 470h-2(f); see also 36 C.F.R. § 800.10 ; Coliseum Square, 465 F.”
Neighborhood Ass'n of the Back Bay v. Fed. Transit Admin., 407 F. Supp. 2d 323 (D. Mass. 2005). “36 C.F.R. § 800.10 (c). 73 . Lee v. Thornburgh, 877 F.”
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— 36 C.F.R. § 800.10(a) — 1 case
Barcelo v. Brown, 478 F. Supp. 646 (D.P.R. 1979). “*693 Criteria for inclusion in the National Register is established in 36 C.F.R. 800.10(a): “ ‘National Register Criteria’ means the following criteria established by the Secretary of the Interior for use in evaluating and determining the eligibility of properties for listing in…”
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