No activity which may affect properties listed, or properties eligible for listing, in the National Register of Historic Places, is authorized until the District has complied with the provisions of 33 CFR 325, Appendix C, and the requirements of Section 106 of the NHPA have been satisfied.
Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the NHPA. General Condition 20 requires that federal permittees provide the District with the appropriate documentation to demonstrate compliance with those requirements. The District will review the documentation submitted by the federal permittee and determine whether it is sufficient to address NHPA compliance for the proposed NWP activity, or whether additional NHPA consultation is necessary. This information would be submitted with the PCN for the project. In order to expedite the NWP verification process, the San Francisco District encourages federal permittees to coordinate with the District prior to initiating Section 106 consultation, so that the District can designate the agency as the lead agency for compliance with the NHPA and to ensure that any consultation efforts include the Regulatory APE.
General Condition 20 requires that non-federal permittees submit a PCN to the District if the proposed activity has the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Place, including previously unidentified properties. The non-federal permittee shall not begin any work on the activity until notified by the District that the requirements of the NHPA have been satisfied and the activity is authorized. For such activities, the PCN must state which historic properties may be affect by the proposed work, or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer (SHPO), or Tribal Historic Preservation Officer (THPO), as appropriate, and the National Register of Historic Places. If the District determines that the proposed activity has the potential to affect historic properties, the District will consult with the SHPO and/or THPO under Section 106 of the NHPA. The District will notify the prospective permittee within 45 days of a complete PCN whether NHPA Section 106 consultation is required. The District cannot verify the proposed work meets the terms and conditions of the NWP until such time consultation is complete. If the activity would result in an adverse effect to a historic property, the District would coordinate with the SHPO and/or THPO to seek ways to avoid or minimize effects to the affected historic property. The results of the consultation may be added as a special condition to the NWP verification.