[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Proposed Rules]
[Page 10822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5653]



[[Page 10821]]

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Part IV





Department of Defense





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Department of the Army; Corps of Engineers



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33 CFR Part 325



Request for Comments on the Corps Regulatory Program and the New 
Advisory Council on Historic Preservation 36 CFR Part 800 Regulations; 
Proposed Rule

  Federal Register / Vol. 67, No. 46 / Friday, March 8, 2002 / Proposed 
Rules  

[[Page 10822]]


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DEPARTMENT OF DEFENSE

Department of the Army

33 CFR Part 325


Request for Comments on the Corps Regulatory Program and the New 
Advisory Council on Historic Preservation 36 CFR Part 800 Regulations

AGENCY: Army Corps of Engineers, DoD.

ACTION: Request for comments.

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SUMMARY:  On January 11, 2001, the Advisory Council on Historic 
Preservation (ACHP) finalized its regulations at 36 CFR Part 800 to 
comply with the 1992 amendments to the National Historic Preservation 
Act (NHPA). Currently the Corps Regulatory Program uses procedures 
found at 33 CFR part 325, Appendix C, to comply with the NHPA and other 
laws dealing with historic properties. Since the principle law and the 
ACHP implementing regulations have been changed, the Corps of Engineers 
has determined that it is necessary to address these changes.
    The Corps of Engineers is initiating a process to address the ACHP 
regulations for the Regulatory Program. The first step in this process 
is to solicit public views on 36 CFR part 800 regulation as it relates 
to the Corps Regulatory Program and Appendix C. The Corps also intends 
to issue interim guidance to address the use of Appendix C and the new 
36 CFR part 800 regulations until this process is completed. This 
process may result in additional guidance, modifications to Appendix C, 
programmatic agreements, or other products.

DATES: Written comments must be submitted on or before May 7, 2002.

ADDRESSES: Mail comments to the U.S. Army Corps of Engineers, Institute 
for Water Resources, CEIWR-PD, 7701 Telegraph Road, Casey Building, 
Alexandria, Virginia 22315-3868.

FOR FURTHER INFORMATION CONTACT: Ms. Meg Smith, CEIWR-PD, at (703) 428-
6370 or Ms. Katherine Trott at (202) 761-4617 or access the U.S. Army 
Corps of Engineers Regulatory Home Page at http://www.usace.army.mil/inet/functions/cw/cecwo/reg.

SUPPLEMENTARY INFORMATION: The Corps has identified some differences 
between the new regulations and Appendix C and is seeking comments from 
the public regarding issues and concerns related to their Regulatory 
Program, Appendix C procedures, and the new ACHP regulations at 36 CFR 
Part 800. Examples of some of these differences include: definition of 
scope of analysis (permit area versus area of potential effects); 
increased coordination with Indian Tribes, Alaska Natives, and Native 
Hawaiians; time allowed for review; requirement for memoranda of 
agreement for mitigating adverse affects; changes to ACHP involvement; 
resolution of violations and others.
    This document is intended to provide Tribes, State Historic 
Preservation Officers, Tribal Historic Preservation Officers, and the 
public an opportunity to submit comments on the Corps Regulatory 
Program and the implementation of 33 CFR part 325, Appendix C and the 
new ACHP regulations at 36 CFR part 800.

    Dated: March 4, 2002.
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-5653 Filed 3-7-02; 8:45 am]
BILLING CODE 3710-92-P