EP 1165-2-1
30 Jul 99
(a) Seek determinations of eligibility of resources for the
National Register of Historic Places.
(b) Determine when a project will have "no effect" on historic
properties.
(c) Identify historic properties whose value lie only in their
potential contribution to archeological, historic, or architectural
research. For such properties, it may be appropriate to develop
determinations of "no adverse effect" when a property's value can be
substantially preserved through the conduct of appropriate research,
and such research is conducted in accordance with applicable
professional standards and guidelines.
(d) Determine the need to mitigate adverse project effects on
National Register and eligible properties in light of their historic
or architectural significance or their potential to further
archeological knowledge.
(e) Develop plans and cost estimates for such mitigation or
other treatment of historic properties affected by the project.
(f) Serve as the basis for negotiation of a memorandum of
agreement (if no memorandum has been previously prepared) with the
ACHP and the SHPO specifying actions which will be taken by the Corps
of Engineers prior to or during the project construction period to
mitigate adverse effects on National Register and eligible properties.
(3) Should the estimated cost of these mitigation measures
exceed one percent of the total estimated Federal appropriation
required for construction of a project for which Congress has not
specifically authorized expenditures in excess of this amount, a
waiver request is submitted in accordance with Section 208 of the
National Historic Preservation Act Amendments of 1980 and procedures
established in ER 1105-2-100.
c. When Civil Works planning studies include cultural
resources studies of lands held in fee title by the Corps of
Engineers, provisions of NAGPRA apply to cultural items covered by the
Act that are discovered in the fee owned lands.
(1) Cultural items, as defined by the Act, include human
remains, associated funerary objects, unassociated funerary objects,
sacred objects, and objects of cultural patrimony.
(2) In treating cultural items and coordinating with Native
American and/or Native Hawaiian groups, Corps commands are guided by
the CECW-O/CECW-P "Interim Guidance for the Native American Graves
Protection and Repatriation Act, Public Law 101-601", dated 5 June
1991, subsequent Corps-wide guidance issued from HQUSACE, and 43 CFR
Part 10 "NAGPRA Regulations, Final Rule", dated 4 December 1995
19-39. Cultural Resources Management for Continuing Authority
Projects. Procedures for the identification, evaluation, and
mitigation of effects on historic properties within the impact area of
projects planned and implemented under Continuing Authorities for
flood control, navigation, streambank erosion control and shore
protection are also established in ER 1105-2-100.
19-25
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