12. Historic Properties: In the July 21, 1999, Federal Register notice, we did not propose any changes to this general condition. One commenter objected to requiring compliance with the National Historic Preservation Act (NHPA) for activities authorized by NWPs. Another commenter opposed the notification requirement of General Condition 12 and asked how a permittee would know if his or her activity will affect historic properties. One commenter stated that the requirement to notify the district engineer if eligible cultural resources may be affected by a proposed activity should apply to both Federal and non-Federal applicants. A commenter said that individual permits should be required for all activities that may affect eligible cultural resources. One commenter indicated that the Corps should not require extensive documentation from an applicant demonstrating compliance with the NHPA.
All activities that require a Federal license (including NWPs) must comply with the NHPA. A prospective permittee can contact the local State Historic Preservation Officer to determine if the proposed work will affect known historic properties. Both Federal and non-Federal permittees are required to notify district engineers when authorized activities may affect listed or eligible historic properties. We do not agree that all activities that may affect cultural resources should be reviewed under the individual permit process because these activities can often be authorized by NWPs in compliance with the NHPA. The Corps requires the minimum documentation necessary to ensure compliance with the NHPA. This general condition is retained without change.