U.S. Army Corps of Engineers Proposes Revisions to Historic Preservation Regulation

On February 9, 2024, the U.S. Army Corps of Engineers (Corps) published a notice in the Federal Register proposing to harmonize its historic preservation rules with those of the National Historic Preservation Act (NHPA). The proposal also makes conforming changes to the Corps’ nationwide permit program regulations.

Currently, the Corps’ historic preservation procedures are governed by Appendix C to 33 CFR Part 225 (Appendix C) while most other federal agencies follow the NHPA. Differences between Appendix C and the NHPA regulations have in many cases introduced confusion resulting in debate over the extent and appropriateness of Corps’ historic preservation reviews. The major differences relate to the scope of the effort to identify and address Corps projects’ impacts on historic properties and the nature of consultation with appropriate stakeholders.

The Corps has certified that this proposed rule will not have a significant impact on a substantial number of small entities.

Comments are due April 9, 2024.