Section 106 of the National Historic Preservation Act of 1966 (NHPA) provides that properties and districts listed in or eligible for listing in the National Register of Historic Places be considered in the planning of federal undertakings, which include activities permitted by the federal government. During the review of all Department of the Army (DA) permit applications, the U.S. Army Corps of Engineers (Corps) must ensure the requirements set forth in the NHPA have been satisfied, including any required coordination with the State Historic Preservation Office.
The procedures the Corps must follow to ensure compliance with the NHPA are provided in federal regulations at 33 CFR 325, Appendix C and 36 CFR Part 800. In addition to the requirements of the NHPA, all historic properties are subject to consideration under the National Environmental Policy Act and the Corps' public interest review requirements contained in 33 CFR 320.4. Therefore, the potential effects to historic properties, which may include previously unidentified archaeological resources, are considered in the Corps' decision on every DA permit application.
Website Links for More Information:
North Carolina State Historic Preservation Office Website:
Advisory Council on Historic Preservation Website:
National Park Service – National Register of Historic Places Website:
Eastern Band of Cherokee Indians - Memorandum of Understanding (MOU):