On April 9, AGC of America and its coalition partners responded to a U.S. Army Corps of Engineers (Corps) proposal to revoke its agency-specific procedures called “Appendix C”. 

This is in regards to the protection of historic properties under Section 106 of the National Historic Preservation Act (NHPA) within the Corps’ permitting program.

Instead of using Appendix C, the Corps proposes to implement the NHPA through forthcoming guidance. AGC urges the Corps to retain the longstanding Appendix C process to safeguard public input through notice and comment rulemaking.

Appendix C helps to streamline the NHPA and ensures that the scope of the Corps’ review of a project stays within the bounds of its narrow legal jurisdiction.

The Corps has been using Appendix C procedures for more than 30 years and have tailored it specifically to their regulatory program, including the Nationwide Permits used for routine activities with minor impacts to federal waters. In the proposal, the Corps expresses its concern that Appendix C could better align with the NHPA—which the coalition comments refute with a comparison of the two.

The coalition comments also note that to the extent needed, the Corps could propose targeted changes to Appendix C through the usual rulemaking process. If the Corps decides to move ahead with implementing the NHPA through guidance, AGC and its coalition will request the opportunity to provide comment on a draft version.

For more information, please contact Melinda Tomaino.