The U.S. Army Corps of Engineers' Regulatory Program and Historic Property Mitigation

The U.S. Army Corps of Engineers’ (Corps) Regulatory Program is one of the oldest regulatory agencies in the Federal Government. Its mission is to protect the Nation's aquatic resources while allowing reasonable development through fair and balanced permit decisions under the authority of Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act of 1972, and Section 103 of the Marine Protection Research and Sanctuaries Act of 1972. Fulfilling its mission, the Regulatory Program must consider the potential effects of its permitting actions on historic properties in compliance with the National Historic Preservation Act of 1966. When adverse effects to historic properties cannot be avoided, the Corps consults with the permit applicant and other consulting parties, in a collaborative effort, to develop appropriate mitigation measures. Increasingly, agencies, State Historic Preservation Officers, tribes, and the public are becoming dissatisfied with simple "document and destroy" mitigation. Stakeholders want relevant, nuanced, collaborative mitigation with tangible products that speak to their concerns. This session explores efforts by the Corps’ Regulatory Program, including the consultation process with stakeholders, to develop innovative and meaningful mitigation.