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Section 106 of the National Historic Preservation Act (NHPA)

Historic properties are properties that are included in the National Register of Historic Places or that meet the criteria for the National Register.  Historic properties can include archaeological sites or artifacts and historic districts, buildings or structures.  You may be asked to complete a historic property or cultural resources survey for your project area if there are indications that historic properties exist or may exist.

Once we review the survey (if required), we will coordinate with the State Historic Preservation Officer and/or Tribal Historic Preservation Officer (SHPO/THPO).  As a result of this coordination, you may be required to enter into a Memorandum of Agreement, which outlines agreed-upon measures that you will take to avoid, minimize, or mitigate the adverse effects on historic properties.  For more information, please visit these websites:

Idaho State Historic Preservation Office (SHPO).  This website contains documents, forms and guidelines regarding cultural resources and historic properties.

Advisory Council on Historic Preservation (ACHP).  This website contains detailed information on Section 106 of the NHPA.

   

The U.S. Army Corps of Engineers Regulatory Department has a responsibility to comply with the National Historic Preservation Act (per 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 (PRA).  The PRA is delineated both in Appendix C and Appendix B (NEPA Regulations).

NOTE:  The Corps' Project Review Area (PRA) may differ from the Area of Potential Effect (APE) used in 36 CFR 800