Under 36 C.F.R. § 800.12(a) of the regulations implementing Section 106, the ACHP may approve agency-specific procedures for taking historic properties into account during operations which respond to a disaster or emergency declared by the President or a state or tribal government , or which respond to other immediate threats to life or property, after consultation with the appropriate State and Tribal Historic Preservation Officers (SHPOs/THPOs), affected Indian tribes and Native Hawaiian organizations (NHOs). Such emergency procedures take the place of 36 CFR §§ 800.3 through 800.6 for projects responding to the emergency.
On May 14, 2020, the ACHP approved emergency procedures developed by FEMA for projects that respond to COVID-19 under the national emergency declared by President Trump on March 13, 2020; major disasters declared by President Trump for states; and other COVID-19 emergencies or disaster declarations that have already been issued by the President, a tribal government, or the governor of a state, or may be issued by any of them. Stipulations II and III within the procedures were extended to December 31, 2020; April 30 and August 31, 2021; and subsequently January 31, 2022. The procedures were amended again on June 28 to extend the provisions of Stipulations II and III, and to revise certain dates contained within Stipulation IV.