To:     People concerned about the Corps Nationwide Permits
From:   Loretta Neumann
Subject:        More info
 
  Below is a  I got back from Grady McCalle, with his memo below it, which
explains another problem with the Corps' proposed changes in the permit
system relating to comments of SHPO's .
   Also, one thing I  didn't put on either message was where to send
comments. The announcement of the Corps of Engineers nationwide permit
program was in the Federal Register of June 17, 1996  page 30780 et. seq.
Comments on the nationwide permits should go to:
 
Office of the Chief of Engineers
Attn.: CECW-OR
20 Massachusetts Ave NW.
Washington DC 20314-1000
 
For further information, contact:
Tim Zimmerman or Sam Collinson,
Regulatory Branch OCE
202-761-0199.
 
Regional comments are supposed to go to the appropriate District Offices,
which are listed in the Federal Register notice.
 
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
 
Dear Loretta -
 
Thank you for the cc of your alert.  It has seemed to me that the
Corps nationwide reissuance proposal includes a kink (not
specifically mentioned in your alert) that is likely to cause
special problems for historic review: the Corps is proposing a
change in how it processes applications that is likely to put
state historic preservation offices at direct odds with the
Corps' overwhelming focus on keeping in permit processing times
down, with bad results for both.
 
I sent a version of the attached memo to the National Trust for
Historic Preservation last month, but haven't heard from them, so
I don't know whether they used it or not, or whether you are
associated with that organization.  Also, it doesn't deal at all
with the potential for substantial loss of archeological
treasures to activities that are not required to provide notice
to the Corps; I'm very glad you sent the alert on that.
 
Please feel free to distribute the attached file as you think
appropriate.
 
If I can provides other information or asitiance, please let me
know.
 
Thank you,
Grady
 
------------------- HISTRST.DOS follows --------------------
To: Historic/Archeologic Preservation Advocates
From: Grady McCallie, NWF
Date: August 19, 1996
 
Re: Proposed rule change for Corps notification of State Historic
Preservation Offices
 
     I am writing to alert you to a proposed change in a wetlands
permitting process that may create problems for State Historic
Preservation Offices.
 
     Section 404 of the Clean Water Act requires people to obtain
authorization from the U.S. Army Corps of Engineers (Corps) before
dredging or filling in U.S. "waters", including wetlands.  "Section
106" review of proposed projects by the State Historic Preservation
Officer is a standard part of this process.
 
     The Corps provides individual review to between 5,00 and
10,000 individual project applications each year; SHPOs participate
fully in this process.  However, the vast majority of Corps
authorizations are handled through blanket authorizations of whole
categories of projects.  These blanket authorizations cover 80% to
90% of the Corps' workload; a subset of 37 of these general permits
apply across the country and are known as "nationwides".
 
     These nationwides expire every five years and must be reissued
together; the comment period on the Corps' proposal to reissue the
nationwides is currently running, and will close Sept. 3.  The
Crops is also holding six field hearings around the Nation
(locations and times TBA) and one here in DC on Aug. 5.
 
     The specific concern for the SHPOs arises out of a proposed
change in processing of applications to use nationwide permits.
Typically now, an applicant will go to the Corps and find that a
project can be done under a Nationwide.  The applicant then goes to
the SHPO, who has up to 30 days to review the project, and then
returns to the Corps with a complete notification that they intend
to use this nationwide.  The Corps grants authorizations under the
nationwides in an average of 16 days.
 
     The proposed change is to have all applicants go directly to
the Corps, who would then send out the notification to the SHPO.
It may make sense to have the Corps as the point agency for
applicants to deal with (although some of the SHPO's we've spoken
with would rather deal with applicants directly).  However, folding
the SHPO review into the Corps review could cause a silly but
serious problem.  Right now, the Corps prides itself on approving
nationwide permit applications in an average of 16 days, counting
from when a complete application is received (i.e., not counting
the SHPO review process).  The SHPOs have uniformly told us they
take 30 days for their review.  Since the Corps is unlikely to let
its 16 figure slide up to 46 days, there is a real danger the SHPOs
will get short shrift in the NWP process.
 
   The SHPOs we've spoken with haven't been tracking the reissuance
of the nationwides, and haven't been planning to submit comments.
The danger could probably be fairly easily resolved by having the
Corps announce that even though applications will come in to the
Corps first, the clock will start running only after the SHPO gets
back to the Corps, thus protecting the Corps' politically important
figure of 16 days.  Although we've talked to several SHPOs, we are
not likely to pursue this point with most of them, although we may
raise in along with the rest of our comments.
 
     On the broader scale, if you know of nationwides that have led
to the destruction of historical resources, we'd be delighted to
get specifics from you to include in our comments.  I'll also be
happy to answer questions about the reissuance and about this note.
I can be reached at (202) 797-6932; email [log in to unmask]