Section 106 of the National Historic Preservation Act
Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), 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 may include prehistoric or historic districts, sites, buildings, structures, objects, sacred sites, and traditional cultural places, that are included in, or eligible for inclusion in, the National Register of Historic Places (NRHP). Therefore, prior to the issuance or authorization of any permit under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act, the U.S. Army Corps of Engineers (Corps), Sacramento District Regulatory Division must consider the effect the permit may have on Historic Properties.
In order to assist us in ensuring compliance with Section 106 of the NHPA, the Sacramento District Regulatory Division has established Guidelines for Compliance with Section 106 of the National Historic Preservation Act of 1966, which contain information needed to initiate consultation with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO). This information is required to be submitted with any request for authorization of a Nationwide Permit or a Letter of Permission, and should be provided with all permit requests. Failure to do so may result in delays in the Section 106 Consultation process. When you submit the information to us, please provide an extra copy to be forwarded to the SHPO or THPO. If available, please provide an electronic version of the information on a compact disc.
For projects that may result in impacts to cultural resources listed on, or eligible for listing on the National Register of Historic Places (NRHP), we must consult with the SHPO or THPO, as appropriate. As a part of the cultural resources investigation, we may also need to consult with Federally recognized Indian Tribes, in accordance with Executive Order 13175.