Coalition Comments on Army Corps Historic Preservation Rule

On April 9, 2023, ARTBA and industry partners commented on the Army Corps of Engineers (Corps) proposed rule that modifies procedures for reviewing and issuing Clean Water Act permits in compliance with the National Historic Preservation Act (NHPA).

Transportation construction projects are often in or near U.S. waters and wetlands. To mitigate the environmental impacts of such projects, the Army Corps issues permits after reviewing a project’s effect on properties protected by the NHPA. The Corps has its own procedures for issuing such permits, but its proposal would rely instead on how the Advisory Council on Historic Preservation’s implements regulations. It’s unclear what effect this new process will have on permitting reviews.

The coalition asked that Army Corps retain current regulations pertaining to the NHPA. It emphasized the unique regulatory authority of the Corps and the need for predictability and efficiency in permitting processes, especially regarding large federal projects.