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The U.S. Army Corps of Engineers (Corps) considers the effects of its actions on historic properties pursuant to section 106 of the National Historic Preservation Act (NHPA). The Corps' 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. In response, the Corps issued interim guidance until rulemaking could be completed in order to ensure full compliance with the NHPA and ACHP’s regulations. The Corps proposes to revise its regulations to conform to the ACHP regulations.

The Department of the Army completed an outreach strategy and engagement effort through publication of a Federal Register notice in June 2022 to solicit comment on the best approach to modernize Appendix C.  This engagement effort included an open docket for submission of comments, a series of virtual meetings with the public, and a series of virtual meetings with Tribes to solicit early input prior to embarking on a rulemaking action on Appendix C. The input received from these efforts helped inform the proposed rule.  The Department of the Army conducted outreach on the proposed rule through publication of a Federal Register notice to solicit comment, creation of  an open docket for submission of comments, and a series of webinars for Tribes and various stakeholders that provided an overview of the proposed rule and provided an additional venue for providing comment.  The Corps will consider the input received during these engagements to inform the development of the final rule.