On August 2, NRECA filed comments regarding a potential Army Corps rulemaking to revise its National
Historic Preservation Act (NHPA) regulations. Prior to issuing a permit
for a project that crosses a water of the United States, the Army Corps must
consider the effect the permit may have on historic properties.
Cooperatives depend on Army Corps permits to construct new power lines; conduct
routine line maintenance and repair; and manage vegetation. The Army
Corps had solicited input on whether it should rely on the Advisory Council on
Historic Preservation NHPA regulations and rescind its existing
regulations. Rescinding the Corps’ NHPA regulations that are tailored to
its permitting program is likely to cause confusion and uncertainty and create
inefficiencies. NRECA recommended that the Army Corps maintain its
existing regulations and only make necessary revisions to align with NHPA
amendments, incorporate Corps guidance, and increase clarity.