National Historic Preservation Act
Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies take into account the effects of their undertakings on historic properties. A Department of the Army (DA) permit is considered a federal undertaking. Historic property is any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places (NRHP).
General Condition 20. Historic Properties
General Permits (GPs), Nationwide Permits (NWP) and Regional General Permits (RGP), General Condition 20. Historic Properties ). (a) No activity is authorized under any GP which may have the potential to cause effects on historic properties until the requirements of Section 106 of the NHPA are satisfied. (b) Federal permittees should follow their own procedures for complying with Section 106 of the NHPA. (c) Non-federal permittees must submit a PCN if the GP activity might have the potential to cause effects on historic properties. Assistance regarding information on the location of, or potential for, presence of historic properties can be sought from State Historic Preservation Officers (SHPO), Tribal Historic Preservation Officers (THPO), the NRHP. (d) If historic properties are identified or the GP activity may cause effects, the permittee cannot begin the activity until notified by the Corps that the activity has no potential to cause effects on historic properties or that NHPA Section 106 consultation is complete. (e) Section 110(k) of the NHPA prevents the Corps from granting a permit or assistance to an applicant who intentionally avoids requirements of Section 106 or intentionally significantly adversely affects an historic property.
General Condition 20. Historic Properties NAE (New England District) Note: The following link provides SHPO and THPO contact information and additional procedures to expedite Corps regulatory review regarding the NHPA. Please contact the appropriate SHPO and/or THPO based on the geographic location of the regulated activity: USACE NAE General Permits GC20 NAE Note SHPO THPO Information.
General Condition 21. Discovery of Previously Unknown Remains and Artifacts
Permittees that discover previously unknown historic, cultural, archaeological resources while accomplishing the authorized activity must immediately notify the Corps and to maximum extent practicable, avoid construction activities that may affect the discovery until required coordination is completed by the Corps.