a. National Historic Preservation Act
Cultural Resources and Historic Properties: Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties. A Department of the Army permit is considered to be such a federal undertaking.
Historic properties are properties that are included in the National Register of Historic Places or that meet the criteria for the National Register. Historic properties can include archaeological sites or artifacts and historic districts, buildings or structures. You may be asked to complete a historic property or cultural resources survey for your project area if there are indications that historic properties exist or may exist.
Once we review the survey, we coordinate with the State Historic Preservation Officer and/or Tribal Historic Preservation Officer (SHPO/THPO). As a result of this coordination, you may be required to enter into a Memorandum of Agreement, which outlines agreed-upon measures that the you will take to avoid, minimize, or mitigate the adverse effects on historic properties. For more information, please visit these websites:
b. Federal Tribal Trust Responsibilities
American Indian Tribal relationships are based on historical activities such as treaties, and laws and regulations set forth by Congress which address Tribal issues. American Indian treaties were not a granting of rights to American Indians, but a protection and preservation of land and certain rights for them. Treaties with Tribes are equal to Federal laws passed by Congress. As a federal agency, the Corps has Federal Trust Responsibility which is a legal term which signifies our obligation to ensure Indian rights as part of our permit application review.
In the State of Washington, we have 29 federally recognized Tribes. Depending on the location and scope of your work, we may have to consult with one or more Tribes as part of the application review process. Consultation with these Tribes may be informal or formal process of negotiation, cooperation or discussions between an American Indian Tribe and the Corps. Once initiated, consultation must be completed before we can finalize a permit decision.