Defense Department Docket COE-2023-0004 Proposed Rule

2024-02580: Processing of Department of the Army Permits; Procedures for the Protection of Historic Properties

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Summary

To demonstrate the greatest possible consistency between the procedures used by the U.S. Army Corps of Engineers (Corps) Regulatory Program to comply with the National Historic Preservation Act (NHPA) and its implementing regulations, "Protection of Historic Properties" when processing permit applications, the Corps is proposing to amend its Regulatory Program's permitting regulations. The Corps will instead follow the NHPA's implementing regulations, developed and interpreted by the Advisory Council on Historic Preservation (ACHP), relying on the flexibility in those regulations for Federal agency compliance with the steps of review. The Corps will take into account, among other factors, the degree and scope of the Federal involvement in the undertaking and the relationship of Federal actions to the overall proposed activities. Further, the Corps is also proposing to make conforming changes to its nationwide permit program regulations to eliminate references in the regulations.

The agency’s own summary, as published.

What this changes

Amends 2 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

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