Consultation on Revised Program Comment on Certain Housing, Building and Transportation Activities

Description

The Advisory Council on Historic Preservation (ACHP) invites you to consult on the revised draft of the ACHP's Proposed Program Comment on Certain Housing, Building, and Transportation Activities.

The ACHP is continuing consultation on the proposed Program Comment. As described in the first round of consultation, the intent of the Program Comment is to accelerate federal Section 106 reviews of proposed undertakings to rehabilitate existing housing or create new housing in existing buildings, to maintain and update buildings and their immediate environs, and to rehabilitate or create new transportation infrastructure.  The Program Comment would be available for all federal agencies proposing to carry out, license, permit, or fund the covered undertakings. The revised draft of the Program Comment can be found on the ACHP’s website, which contains additional information about the Program Comment.

The ACHP’s previous consultation period, which ran from August 8, 2024, to October 9, 2024, consisted of two meetings with Indian Tribes, one with State Historic Preservation Officers, one with Federal Preservation Officers, and two public meetings. A review and comment period ran concurrently with the consultation period, during which the ACHP received 144 written comments that can be found on the ACHP’s website. A narrative summary of comments received is attached.

In response to the comments, revisions were made to add clarity throughout the document. From a process standpoint, the revised draft includes annual reporting timelines and formats, requires specific content in the reports, and provides consulting parties and the public the ability to review those reports. It also reduces the proposed duration of the Program Comment. In addition, the revised draft clarifies Tribal consultation requirements, including in activities involving site work. Various definitions have been updated in response to comments. Most notably, the Program Comment’s appendices have been reorganized, reduced in length, and revised to better align with typical findings in Section 106, to outline specified roles in the process for SHPOs and THPOs as well as qualified professionals, and to outline the process by which federal agencies must make determinations relevant to certain undertakings. 

A full initial 30-day consultation period followed by a 30-day written comment period has occurred in accordance with the November 30, 2022, Presidential Memorandum on Uniform Standards for Tribal Consultation. Consultation with Indian Tribes that contacted the ACHP regarding the Program Comment remains ongoing. In addition, I have called for an additional 30-day consultation period on the revised draft. I have determined that given the completion of the initial consultation period, the nature of comments received during the first round of consultation, the extent to which the revised draft of the Program Comment addresses comments received during the initial consultation period, the fact that consultation with individual Tribes remains ongoing, and the practical issues related to the change in Presidential administrations, circumstances warrant a shorter period than the standard notice and written comment period, in accordance with the flexibility expressly allowed in the Presidential Memorandum.

You or your designated representative are invited to participate in a consultation meeting on the revised draft Program Comment to be held on Tuesday, December 10, 2024, at 4:00 p.m. Eastern Standard Time. Please register for the meeting here. 

Please note this link is for registration only. It is not a link to access the consultation meeting. Meeting access information will be emailed separately after you have registered.

In addition to the consultation meeting, questions and written comments can be submitted to program_alternatives@achp.gov. Written comments are requested by Sunday, December 15, 2024.