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. If Section 106 consultation is needed, a cultural resources report may be required. In order to comply with the NHPA, the Sacramento District Operations Division has prepared 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.