EP 1130-2-540
15 Nov 96
(IPA) personnel, and/or contracting with qualified firms, institutions, or persons. Operations and
Planning elements will closely coordinate and cooperate in these undertakings. If necessary, the
District Commander will assign specific implementation responsibilities in accord with the needs
and demands of their particular organization.
(b) Project and Resource managers are urged to designate one or more project staff
members as a liaison between the District and field office regarding all historic preservation
matters. Designees should became trained and knowledgeable of historic properties at their
projects. District commanders are urged to provide opportunities for training of personnel in the
areas of historic preservation laws, regulations, historic property identification, and/or evaluation.
(c) Emergency Activities. In the event of a major natural disaster or an imminent threat
to the national security, the Chief of Engineers is empowered to waive, in accordance with 36
CFR Part 78, the requirements of Section 110 of the NHPA. Compliance with Section 106 of the
NHPA may be obtained by district commanders in such Emergencies by notifying, within seven
days, the ACHP and appropriate SHPO in accordance with 36 CFR Part 800.12(b). These
waivers do not apply to undertakings that will not be implemented within 30 days after the
disaster or emergency.
g. Excess Lands.
(1) When lands identified for potential excess have not been subjected to historic
properties inventory or evaluation studies in accordance with the NHPA, such studies must be
undertaken to determine whether such significant properties are present and would be adversely
impacted by declaring those lands to be excess. These studies will be conducted under the
authority of the NHPA using O&M funds. These costs will be included in determining whether
the disposal action would provide a net return to the Treasury.
(2) All excessing actions must be in compliance with Section 106 of the NHPA and with
36 CFR Part 800.
6-9. Enforcement Actions.
a. District commanders may utilize Title 36, Part 327, 14(a), which provides protection
for historic properties and public property or the Archeological Resources Protection Act of 1979
(ARPA), whichever is appropriate.
(1) Enforcement under 36 CFR Part 327. The maximum fine for the offense, if convicted
under Title 36, is 0.00 and/or six months imprisonment. Since the value of historic properties
and associated costs resulting from unauthorized activities usually exceeds the maximum fine
under Title 36, the enforcement actions necessary to investigate, prepare cases, and apprehend
violators may be more appropriately handled by others under provisions of the Archeological
Resources Protection Act.
(2) Archeological Resources Protection Act of 1979 (ARPA), ARPA provides for
criminal penalties up to 0,000 and/or five years imprisonment, and allows for forfeiture to the
Federal government of equipment and vehicles used in unauthorized activities. In addition, civil
penalties may be assessed to recover federal costs in repairing or restoring historic properties,
accomplishing research and preparing reports. District commanders shall follow procedures
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