ACRA has urged the U.S. Army Corps of Engineers to adopt its plan to replace Appendix C for its Regulatory Program and replace it with the Section 106 implementing regulations at 36 CFR 800.
Earlier this year, the Corps proposed removing Appendix C from their Regulatory Program’s permitting regulations and “instead follow the NHPA’s implementing regulations, developed and interpreted by the ACHP, relying on the flexibility in those regulations for Federal agency compliance with the steps of review.” The Corps said that it “would also work with the ACHP to draft and disseminate guidance for the Corps’ Regulatory Program to include illustrative examples regarding how to apply the 36 CFR part 800 regulations to potential permitting scenarios.”
ACRA has long called on the Corps to rescind Appendix C and adopt the Part 800 regulations as a better way of meeting its responsibilities under the NHPA. In its comments to the Corps on their proposal, ACRA said that “it is in the best interests of the Corps, its stakeholders, and the public for the Corps to rescind Appendix C and adopt the Part 800 regulations. Adoption by the Corps of the Part 800 regulations for its regulatory program will result in stronger and more meaningful consultation with Tribal governments and descendant communities, better enabling the Corps to fulfill its trust responsibility to Tribal Nations.”
ACRA also called on the Corps to “take steps to ensure that it has adequate staff capacity and training to be able to manage the transition from Appendix C to the Part 800 regulations. Successful implementation of the regulations depends upon having qualified cultural resource staff working as part of the regulatory teams in each district, and taking steps to promote standardization of processes across districts to avoid unnecessary confusion and complexity.”
It is not clear when the Corps will finalize its proposed rule, but most observers believe it will be before the end of the year.