Section 106, National Historic Preservation Act
The U.S. Army Corps of Engineers Regulatory Department has a responsibility to comply with the National Historic Preservation Act (36 CFR 800). Per Section 106 requirements of the Protection of Historic Properties subpart (b), requirements for consultation on Federal actions or “undertakings” are required by a Federal agency “having direct or indirect jurisdiction” over a proposed Federal undertaking, and shall, prior to approval of the undertaking, take into account the effect of the undertaking on any historic property “in or eligible for inclusion in the National Register”.
An “undertaking” means a project, activity, permit, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal Agency, including:
Those carried out by or on behalf of an agency
Those carried out with Federal financial assistance
Those requiring a Federal permit, license, or approval
Those subject to State or local regulations administered pursuant to delegation or approval by a Federal agency
Appendix C, 33 CFR 325
The Corps drafted Appendix C in 1981, with revisions in 1990, as the historic properties review procedure for Corps permits. The Corps is solely responsible for the extent of the undertaking, which we define as the Project Review Area. Project Review Area is delineated both in Appendix C and Appendix B (NEPA Regulations). Note: Project Review Area may differ from Area of Potential Effect (APE) used in 36 CFR 800
For Further information on NHPA or Section 106 Consultations, please visit USACE HQ website.