54 U.S.C. § 306113
Anticipatory demolition
Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant that, with intent to avoid the requirements of section 306108 of this title, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, has allowed the significant adverse effect to occur, unless the agency, after consultation with the Council, determines that circumstances justify granting the assistance despite the adverse effect created or permitted by the applicant.
Notes of Decisions
Cited in 6
cases (5 in the last 5 years), 2019–2026 · leading case: Protect Our Parks, Inc. v. Pete Buttigieg, 97 F.4th 1077 (7th Cir. 2024).
Protect Our Parks, Inc. v. Pete Buttigieg, 97 F.4th 1077 (7th Cir. 2024). “§ 1344 (Count V); (6) all defendants violated Article I, Section 1 of the United States Constitution (Count X); and (7) all defendants violated section 110(k) of the NHPA, 54 U.S.C. § 306113 (Count XIV). The other eight counts allege violations of various state laws: the…”
Protect Our Parks, Inc. v. Pete Buttigieg, 39 F.4th 389 (7th Cir. 2022). “54 U.S.C. § 306113 . But the statute includes an exception when the agency “determines that circumstances justify granting the assistance.”
Friends of the Capital Crescent Trail v. Fed. Transit Admin., No. 2017-1811 (D.D.C. Mar. 5, 2019). “While plaintiffs also cite 54 U.S.C. § 306113 , Section 110 of the NHPA, in their amended complaint, that provision “‘does not affirmatively mandate the preservation of historic buildings or other resources’ and only requires an agency ‘to comply to the fullest extent possible…”
Protect Our Parks Inc v. Buttigieg, No. 1:21-cv-02006 (N.D. Ill. Aug. 12, 2021). “” 54 U.S.C. § 306113 . An exception exists, however, if the agency “determines that circumstances justify granting the assistance despite the adverse effect created or permitted by the applicant.”
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, 774 F. Supp. 3d 142 (D.D.C. 2025). “” 54 U.S.C. § 306113 ; see Compl., ¶ 133. But that provision on its own terms applies only to granting permits or other types of “assistance.”
Dc Pres. League v. Bd. of Trs. of the John F. Kennedy Ctr. for the Performing Arts, No. 2026-0981 (D.D.C. May 29, 2026). “54 U.S.C. § 306113 . The probability of success on this count is slim because the claim is premature.”
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