The NEPA process is intended to help public officials make decisions that are based on understanding of environmental consequences, and take actions that protect, restore, and enhance the environment (40 CFR 1500.1[c]). The NEPA requires that every Federal agency consider the effects of Federal actions on the quality of the human environment, and to consider alternatives to those actions. Per EC 1165-2-220, Section 408 NEPA reviews should consider only the No Action Alternative and the Requester’s Preferred Alternative. USACE Sacramento District Section 408 program staff will review each individual Section 408 permission request to determine NEPA compliance needs. If the 408 request fits under an established categorical exclusion (33 CFR 230), Section 408 program staff will prepare the necessary documentation. If an environmental assessment (EA) or environmental impact statement (EIS) is necessary for the proposed project, the requester (or their contractor) is responsible for preparing the EA or EIS. This is typically done in close coordination with Sacramento District staff. To facilitate NEPA document preparation and review, Sacramento District Operations Division has prepared a guideline and template document for Section 408 EA preparation. It is recommended that requesters (and their contractors) follow these guidelines when preparing an EA: Section 408 Environmental Assessment Guidelines and Template.

Section 106 of the National Historic Preservation Act of 1966, as amended, requires Federal agencies to take into account the effects of their undertakings on Historic Properties and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings. Historic Properties are prehistoric or historic districts, sites, buildings, structures, objects, sacred sites, or traditional cultural places that are included in, or eligible for inclusion in, the National Register of Historic Places. Issuance of a Section 408 permission is considered a federal undertaking and thus must comply with the NHPA.

If a Section 408 request is determined to have the potential to affect historic properties, the Sacramento District (or another Federal agency formally designated as lead Federal agency by the USACE) will initiate consultation with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) pursuant to Section 106 of the NHPA. Additionally, USACE will consult with Federally recognized Indian Tribes pursuant to Section 106 of the NHPA and Executive Order 13175, as appropriate. A cultural resources report, prepared by a Principal Investigator meeting Secretary of the Interior's Standards Professional Qualifications, may be required if Section 106 consultation is needed. In order to comply with the NHPA, the Sacramento District Operations Division has prepared Section 408 cultural guidelines to assist requesters, their consultants, and USACE in minimizing time and effort preparing submittals to the SHPO/THPO and expediting the review process. For additional information regarding the Section 106 process, please visit the Sacramento District Regulatory Division Cultural Resources and Tribal Consultation webpages.

Levee Evaluation for the American River Common Features Project in Sacramento, Sutter, and Yolo Counties

One or more flood risk reduction levees are frequently within the Area of Potential Effects (APE) of a 408 Permission. Any such levee more than 50 years old is a potential historic property that must be recorded and evaluated in the cultural report for the permission. Many existing levees within the Sacramento Valley are part of the Sacramento River Flood Control Plan (SRFCP), a system of flood control infrastructure built between 1911 and 1961. The document “Levee Evaluation for the American River Common Features Project in Sacramento, Sutter, and Yolo Counties (October 2021),” provided here, examined several levees within the SRFCP. The study contains an SRFCP historic context; analysis of the levee property type; evaluations of three levee units; and a re-evaluation of a rural historic landscape unrelated to the SRFCP. The document’s content and approach are directly applicable to evaluation of levees within the SRFCP, and should inform evaluation of levees that are not part of the SRFCP system. The California State Historic Preservation Officer (SHPO) concurred with the document in a letter dated November 17, 2021. Additionally, applicants are encouraged to contact USACE for Operations and Maintenance Manual(s) relevant to levee(s) within a proposed permission’s APE. Manual(s) are often the most informative primary source material.

Sacramento District Operations Division staff coordinate closely with Regulatory Division staff throughout the Section 408 process. If both a Section 408 permission and a Section 404 (Clean Water Act) and/or Section 10 (Rivers and Harbors Act) permit are required for a proposed project, Section 408 staff and Regulatory staff will coordinate to determine which office will take the lead on environmental compliance. EC 1165-2-220 and Director’s Policy Memorandum (DPM) 2018-10 provide additional information regarding synchronization of the Section 408 and Regulatory programs. For additional information regarding Sacramento District’s Regulatory Program, please visit their website.