Walla Walla District

What is an ARPA Permit?

An ARPA permit allows qualified individuals to conduct archaeological resource surveys on federal property. Qualified individuals have the appropriate education/experience and capability to perform professionally acceptable archaeological resources studies and develop reports documenting their findings.

Why is an ARPA Permit Required?

Federal agencies that manage land are responsible for the care and protection of archaeological resources on federal lands. All archaeological resources surveys undertaken on federal lands must be conducted under a Permit. The Walla Walla District's authority for issuing a Permit is contained in the Archaeological Resources Protection Act of 1979.

When do I need a Permit?

Any individual seeking to construct a dock or facility on federal land must provide an archaeological resources report prior to the Corps approving the construction plan. This report will be used to determine if the proposed development may impact archaeological resources. Most individuals are not qualified to develop an archaeological resources report and will need to seek the assistance of a professional archeologist. Permits are issued to either applicants who will have the qualified individuals actually perform the surveys, or directly to qualified individuals working on behalf of the applicant who is seeking to construct a dock or facility.

Who determines whether someone is a qualified individual?

The Walla Walla District's Cultural Resources Staff will review the application to determine whether the person who will be conducting the archaeological excavations meets the requirements in 32 C.F.R. § 229.8(a)(1). Specifically, "the applicant is appropriately qualified, as evidenced by training, education, and/or experience, and possesses demonstrable competence in archaeological theory and methods, and in collecting, handling, analyzing, evaluating, and reporting archaeological data, relative to the type and scope of the work proposed." Minimally, the applicant archaeologist must meet the Secretary of the Interior's Qualification Standards in the sub-fields appropriate to the work proposed in the permit application.

How do I apply for an ARPA Permit?

First, determine who will be conducting the archaeological survey. Second, either the applicant or the qualified individuals will complete the downloadable and fillable "Walla Walla District, U.S. Army Corps of Engineers, Application for a Federal Permit Under the Archaeological Resources Protection Act." Third, submit the completed and signed application with a Statement of Qualifications, and resumes or curricula vitae for Principal Investigators and Supervisory Field Personnel (Crew Chiefs). Electronic submittals are accepted but the signature of the prospective permit administrator must be included (pdf format is acceptable).

How long does it take to get an ARPA Permit?

It will take approximately 60 days to receive your ARPA permit once you have submitted a complete application. The reason for the 60-day review period is the requirement that the federal government provide Native American Tribes an opportunity to comment on proposed archaeological surveys. Additionally, once submitted, it may take a few weeks for our review of your application to begin because there may be existing projects we are engaged in completing.

What happens when I have my permit?

Once a permit has been issued the professional archaeologist, working on behalf of the applicant, may proceed with their archaeological survey. This survey will result in a determination of effect (e.g., the construction of a dock at this location will not impact an archaeological site.). This determination will influence whether or not a proposed dock is approved by the U.S. Army Corps of Engineers. Any archaeological material collected by the professional archaeologists is the property of the federal government and must be returned, and any archaeological material remains not collected are protected under both criminal and civil penalties also found in the ARPA.

What do I do with the Archaeological Resources Report that documents findings?

The report must be submitted to the Walla Walla District's Cultural Resources Staff for review and acceptance. If the report is deficient, the Cultural Resources Staff will document the deficiencies and request they be addressed by the report's author prior to acceptance. Once accepted by the Walla Walla District, the information contained in the report will be used to complete consultation with the State Historic Preservation Officer and Native American Tribes. Upon completion of that consultation, and provided all other requirements are met, the proposal to construct a dock or facility may be approved. Renewal permits for existing structures do not require archaeological documentation at present.
Who do I contact for more information?

For more information, contact the Real Estate Division at 509-527-7328.

Comments may be mailed to:

U.S. Army Corps of Engineers, Walla Walla District
Real Estate Division
201 North Third Avenue
Walla Walla, WA 99362

EFFECTIVE DATE:

October 1, 2010

REGULATORY GUIDANCE:

10 USC 2695, Chapter 159 (Appendix C) as amended by the Defense Authorization Act of 1998, Section 2813(a) enabled acceptance of funds to cover administrative expenses for the exchange of real property, the lease or license of real property, and the granting of an easement.

10 USC 2695(b) as amended by the Defense Authorization Act of 1999, Section 2813, enabled acceptance of funds to cover administrative expenses related to real property disposals.

OBJECTIVE:

The party benefiting from the real property transaction is responsible for the costs of that transaction. Administrative fees are all of the costs incurred by the Corps in the review, assessment, approval, and monitoring of a real estate transaction.

GUIDELINES:

If there is no direct benefit to a U.S. Army Corps of Engineers project, the applicant is charged both the administrative fee and fair market value of the real estate or interest.

If there is a public benefit, but the applicant has a reasonable opportunity to generate income from the transaction, both the administrative fee and fair market value of the real estate or interest will be charged.

State, tribal, regional or local government agencies will be charged both the administrative fee and the fair market value for those transactions providing a public benefit with no direct benefit to a U.S. Army Corps of Engineers project.

Unless there is a mutual benefit to the government in disposal transactions, the recipient of the property will be charged an administrative fee and the fair market value of the real estate or interest.

EXCEPTIONS TO PAYMENT OF ADMINISTRATIVE FEES:

Other federal agencies will not pay administrative fees but may be required to complete a portion or all of the environmental diligence requirements.

Disposal actions not performed by the U.S. Army Corps of Engineers.

Encroachments when there is culpable negligence by the federal government.

Actions directed by special legislation that specifically state they will be at no cost to the grantee/recipient, or when funding is specifically provided from another source.

ADMINISTRATIVE FEES:

The application process has two phases.

The initial phase requires submission of an application and the initial fee. The application will be reviewed to ensure it is complete, the Corps will assess whether the property is available for the intended use, and the Corps will develop an estimate of the costs to complete the transaction. Payment of the initial phase fee is due when the application is made.

Payment of the second phase fee is due once the applicant is notified of the estimated cost for that phase. The second phase includes all of the reviews, analysis, coordination, and preparation required to complete the transaction.

APPLICATION

A copy of the application is available here. (Application)

QUESTIONS:

If you have any question regarding the administrative fee process, please contact the Walla Walla District Real Estate Division at (509) 527-7320 or by email at cenww-re@usace.army.mil.