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EVSE Exemption Consultation with Indian Tribes

Thursday, August 25, 2022 (3:00 PM - 5:00 PM) (EDT)


Register Here

The Advisory Council on Historic Preservation (ACHP) appreciated the opportunity to consult with you or your designated representative in early June regarding the proposed exemption for the installation of electric vehicle supply equipment (EVSE). The exemption will only apply to the installation of EVSE on federal lands and facilities as well as non-federal lands receiving federal licenses, funds, or approval. This exemption does not apply to tribal lands as defined at 54 USC 300319; however, each Indian tribe has the ability to apply this exemption to their lands if they choose. Examples of the EVSE proposed for exemption can be found on the ACHP’s website.

As a reminder, exemptions are a program alternative under 36 CFR 800.14(c) which may be proposed by a federal agency or by the ACHP. Exempted categories must be actions that would otherwise qualify as undertakings as defined in § 800.16 and the potential effects from the undertakings must be foreseeable and likely to be minimal or not adverse. Exempted categories must also be consistent with the purposes of the National Historic Preservation Act (NHPA).

The comments shared with the ACHP during the June consultation meetings informed revisions to the exemption and allowed the ACHP to further clarify the parameters under which the exemption can be used by federal agencies. Attached is a revised draft of the exemption, as well as a red-line strikeout version that illustrates where changes have been made to the initial draft. The revised clean version also contains a summary of the comments that were received, in addition to the ACHP’s response to them.

To discuss these revisions and any remaining concerns, and as the proponent for the exemption, Vice Chairman Jordan Tannenbaum would like to invite you or your designated representative to a second government-to-government consultation meeting on August 25, 2022, at 3:00 pm EDT. Please register for the meeting here. This link is for meeting registration only; it is not the link to access the consultation meeting. Meeting access information will be emailed separately after you have registered.

Should you or your designated representative wish to make additional edits or comments to the revised exemption, please share those by September 2, 2022.

The ACHP looks forward to continuing consultation with you, and sincerely appreciates your time and attention to it. If you are unable to attend this consultation meeting or would like to request additional information, please reach out to Ms. Jaime Loichinger, Assistant Director in the Office of Federal Agency Programs, at or at (202) 517-0219.

Jamie Lee Marks 
Senior Analyst | Office of Native American Affairs
Advisory Council on Historic Preservation | 202.517.0194 |



Thursday, August 25, 2022 (3:00 PM - 5:00 PM) (EDT)

Aug 25, 2022, 03:00 PM in Eastern Time

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