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DOD/COE RIN: 0710-AA75 Publication ID: Fall 2019 
Title: Regulatory Program of the Army Corps of Engineers Tribal Consultation and National Historic Preservation Act Compliance 

In taking regulatory actions that may affect Indian tribes (as defined by Executive Order 13175), (e.g., such as individual permit decisions and general permit verifications), the U.S. Army Corps of Engineers (USACE) recognizes its obligation for pre-decisional government-to-government consultation with the affected tribes. This obligation acknowledges the sovereign status of Indian tribes (as defined by Executive Order 13175) as reflected in the U.S. Constitution, treaties, statutes, executive orders, judicial decisions, and Presidential documents and policies. In addition, the USACE must consider the effects of its regulatory actions on historic properties pursuant to section 106 of the National Historic Preservation Act (NHPA). The USACE Regulatory Program’s regulations for complying with the NHPA are outlined at 33 CFR 325 appendix C. Since these regulations were promulgated in 1990, there have been amendments to the NHPA and revisions to the Advisory Council on Historic Preservation’s (ACHP) regulations at 36 CFR part 800 subpart B, addressing, among other things, tribal consultation requirements. In response, the USACE issued interim guidance until rulemaking could be completed in order to ensure full compliance with the NHPA and ACHP’s regulations. The USACE seeks to revise its regulations to conform to these requirements. Consequently, the USACE intends to publish an advance notice of proposed rulemaking to solicit the public’s input and inform its drafting of any future rulemaking.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Other 
CFR Citation: 33 CFR 325   
Legal Authority: 33 U.S.C 1344    33 U.S.C. 401    33 U.S.C. 403    33 U.S.C. 1413   
Legal Deadline:  None
Action Date FR Cite
ANPRM  12/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Amy Klein
Regulatory Program Manager
Department of Defense
U.S. Army Corps of Engineers
441 G Street NW.,
Washington, DC 20314
Phone:202 761-4559