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Last week the Advisory Council on Historic Preservation (ACHP) announced they are developing a Program Comment on Accessible, Climate Resilient, Connected Communities. The draft program comment builds on two policy statements adopted by the ACHP in 2023, the Housing and Historic Preservation Policy Statement and the Climate Change and Historic Preservation Policy Statement. The proposal aims to accelerate historic preservation reviews by providing an alternative path for federal agencies to comply with Section 106 of the National Historic Preservation Act (NHPA) on a broad range of federal projects including housing, energy efficiency and greenhouse gas emissions in buildings, and climate friendly transportation projects.
Section 106 of the NHPA requires that federal agencies take into account how proposed actions affect historic resources and seek ways to avoid, minimize, or mitigate any adverse affects, but does not dictate an outcome. A program comment is one of five types of program alternatives available in Section 106 regulations that allows the ACHP to comment on certain categories of federal undertakings instead of commenting on a case by case basis.
The program comment would apply to all agencies proposing to carry out, permit, license, fund, assist, or approve covered federal undertakings and would have a far larger reach and apply more broadly than any program-specific or agency-specific program alternatives developed in the past. The ACHP's program comment was cited in a fact sheet from the Biden Administration in some of the ways they are taking action to build more affordable housing.
If finalized this proposal would exempt several activities from further Section 106 review and could have a major impact on how historic preservation reviews are applied to a large range of federal projects and undertakings. The ACHP is accepting questions and written feedback from the public through Oct. 9th and will be holding two consultation meetings in September. We encourage everyone to review the proposed program comment, provide feedback and participate in the process. Preservation Action will be reviewing and plans to provide written comments. Stay tuned for more!
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