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EPA Records Schedule 399

Status: (to be superseded) Final, 03/31/2011

Title: National Historic Preservation Act (NHPA) Compliance Documentation

Program: All Programs

Applicability: Agency-wide

Function: 108-025-08 - Compliance and Enforcement

NARA Disposal Authority:

This schedule authorizes the disposition of the record copy in any media (media neutral), excluding any records already in electronic form. Records designated for permanent retention must be transferred to the National Archives in accordance with NARA standards at the time of transfer.


Consists of records documenting EPA's compliance with the National Historic Preservation Act (NHPA). Section 106 of NHPA requires federal agencies to assess the effects of their undertakings on historic or potentially historic properties and to give the Advisory Council on Historic Preservation (NCHP) a reasonable opportunity to comment. The process includes EPA consultations with State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), and other interested parties. The goal is to identify historic properties potentially affected by the undertaking; assess the effects; and seek ways to avoid, minimize, or mitigate any adverse effects on them.

The types of documents that may be included are: agreements, correspondence, consulting parties lists, case notes, notification of adverse findings, permit applications, cultural resource survey (CRS), final criteria of adverse effect report, engineering report, meeting and conference call notes, public meeting notes, area of potential effects documentation, and related records.

Disposition Instructions:

Item a(1): Record copy - Nonelectronic

Item a(2): Record copy - Electronic

Item a(3): Electronic copy of records transferred to the National Archives


Copies of NHPA compliance records may be filed with other related records (e.g., NEPA preparation files scheduled as EPA 134). In that case, the copies should be retained according to the disposition instructions for the records they support, unless the retention of the related records is not permanent. If the retention of the related records is not permanent, a copy of the NHPA compliance records should be made and maintained in accordance with item a of this schedule.

Specific legal citations include, but are not limited to:

Reasons for Disposition:

The records covered by this schedule represent EPA's compliance with legislation intended to preserve sites of national historic value and document EPA's preservation activities under NHPA.

The following changes were made in the 01/31/2008 version:

Item b for electronic copies created with word processing and electronic mail applications was deleted 08/14/2006 pursuant to NARA Bulletin 2006-04.


Multiple units

Related Schedules:

Previous NARA Disposal Authority:


Entry: 04/06/2005

EPA Approval: 11/13/2006

NARA Approval: 06/13/2008

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