U.S. Code » Title 54 » Subtitle Subtitle III— National Preservation Programs › Division DIVISION A— HISTORIC PRESERVATION › Chapter CHAPTER 3041— ADVISORY COUNCIL ON HISTORIC PRESERVATION

54 U.S.C. § 304108

Regulations, procedures, and guidelines

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(a)In General.—The Council may promulgate regulations as it considers necessary to govern the implementation of section 306108 of this title in its entirety.(b)Participation by Local Governments.—The Council shall by regulation establish such procedures as may be necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section 306108 of this title that affect the local governments.(c)Exemption for Federal Programs or Undertakings.—The Council, with the concurrence of the Secretary, shall promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from any or all of the requirements of this division when the exemption is determined to be consistent with the purposes of this division, taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic property.(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3214.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

304108(a), (b)

16 U.S.C. 470s.

Pub. L. 89–665, title II, § 211, as added Pub. L. 94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat. 1322; Pub. L. 96–515, title III, § 301(l), Dec. 12, 1980, 94 Stat. 2999; Pub. L. 102–575, title XL, § 4018, Oct. 30, 1992, 106 Stat. 4763.

304108(c)

16 U.S.C. 470v.

Pub. L. 89–665, title II, § 214, as added Pub. L. 96–515, title III, § 302(a), Dec. 12, 1980, 94 Stat. 3000.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2016–2026 · leading case: Eagle Cnty., Colorado v. STB, 82 F.4th 1152 (D.C. Cir. 2023).
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Eagle Cnty., Colorado v. STB, 82 F.4th 1152 (D.C. Cir. 2023). “41, as required under the NHPA, 54 U.S.C. § 304108 , and related regulations, see 36 C.”
Ctr. for Bio. Diversity v. Mark Esper, 958 F.3d 895 (9th Cir. 2020). “See 54 U.S.C. § 304108 (a); 36 C.F.R. § 800.2 .”
WildEarth Guardians v. Provencio, 272 F. Supp. 3d 1136 (D. Ariz. 2017). “See 54 U.S.C. § 304108 (a). . The Programmatic Agreement defines "exemption” as "those undertakings, which because of their nature and scope, have predictable effects and a very low likelihood of affecting historic properties .”
Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C. 2016). “The Advisory Council also promulgates the regulations necessary to implement Section 106, see 54 U.S.C. § 304108 (a), and these regulations “command substantial judicial deference.”
Narragansett Indian Tribe v. Sean McMaster (D.C. Cir. 2026). “54 U.S.C. § 304108 (a). These regulations provide two pathways for an agency to respond once it has determined that a federally funded project will have adverse historical impacts.”
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