Section 106 Newsletter – April 27, 2022

Vol. #2: U.S. Army Corps of Engineers Proposes Agreement on Program for Protecting Historic Properties

The U.S. Army Corps of Engineers (Corps) is the lead federal agency considering permits for the state Department of Water Resources’ (DWR) Delta tunnel. The Corps has primary responsibility for protecting the Delta’s cultural resources under the National Historic Preservation Act’s Section 106. In February, the Corps proposed a programmatic agreement describing how it intends to comply with Section 106. The agreement outlines the proposed roles and responsibilities of the Corps, DWR, and other parties to the review, including the Delta Protection Commission (Commission), the affected Delta counties, and interested tribes. Timeframes and review procedures for identifying historic properties and developing measures to protect them if the tunnel is permitted are also proposed. A key next step under the agreement would be preparation over the summer of a historic properties management plan that would detail procedures for identifying and evaluating specific historic properties, determining if the tunnel could affect those properties, and resolving adverse effects. Read more.