Dear Tribal Section 106 Coordinators:
The U.S. General Services Administration (GSA), in accordance with provisions set forth under 36 CFR Part 800, Protection of Historic Properties § 800.14(c), authorized in accordance with 16 U.S. Code § 470, is proposing an exemption from Section 106 requirements (Subpart B: §§ 800.3-13) for specified routine maintenance and preservation activities. GSA is writing to invite your Tribe to a Listening Session prior to formal Government-to-Government consultation on this exemption by the Advisory Council on Historic Preservation (ACHP).
Exemptions are a program alternative afforded 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(y) and the potential effects from these undertakings must be foreseeable and minimal or not adverse. Exempted categories must be consistent with the purposes of the National Historic Preservation Act (NHPA).
GSA is coordinating the listening session, in advance of formal consultation and in cooperation with the ACHP, to brief Tribal leaders and Tribal Historic Preservation Officers (THPOs) on the proposed exemption. The listening session will be held on Tuesday, August 9, 2022, from 2:00-4:00 PM EST. lf you wish to participate, please register to attend at the link below.
Tuesday, August 9, 2022, 2:00 - 4:00 PM EST [REGISTER HERE]
Please note the link above is for registration only. It is not the link to access the consultation meeting. Meeting access information will be emailed separately to registrants and will include instructions on how to add the meeting to your calendar.
GSA has been working closely with the ACHP on this proposed program alternative. Attached, please find the draft text for the proposed exemption and its ‘Appendix of Exempted Activities’ for your review. Also attached is a current list of historic federal properties under the custody and control of GSA to provide context about the portfolio. The exemption does not apply to tribal lands.
The ACHP will host two (2) consultation meetings after the Tribal Listening Session; the meeting content will be the same for each.
GSA values its strong working relationships with Tribal governments, THPOs, State Historic Preservation Officers, the ACHP, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, the National Trust for Historic Preservation, and others. In the spirit and intent of the NHPA, GSA views this proposal as an effective, collective effort to streamline and strengthen the efficiency and consistency of our agency compliance efforts nationwide and to appropriately reduce the demanding workload of our valued partners and tribal governments.
GSA looks forward to presenting the proposed exemption, receiving feedback and answering questions.
Please direct any questions regarding the August 9th Tribal Listening Session to Joan Brierton at email@example.com or 202.494.7868. We look forward to working with you.
Beth L. Savage
Federal Preservation Officer
U.S. General Services Administration