Notice2023-09418
Notice of Issuance of the Department of the Army Program Comment for Vietnam War Era Historic Housing, Associated Buildings and Structures, and Landscape Features (1963-1975)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 4, 2023
Effective
March 17, 2023
Issuing agencies
Advisory Council on Historic Preservation
Abstract
The Advisory Council on Historic Preservation has issued a program comment for the U.S. Department of the Army that sets forth the way in which the Army complies with the National Historic Preservation Act for its inventory of Vietnam War Era historic housing management actions, including: maintenance, repair, rehabilitation, renovation, abatement of hazardous materials, mothballing, cessation of maintenance, demolition, new construction, lease, transfer, conveyance, and the use of modern readily available industry standard building materials and methods in the implementation of management actions.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28573-28584]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09418]
[[Page 28573]]
=======================================================================
-----------------------------------------------------------------------
ADVISORY COUNCIL ON HISTORIC PRESERVATION
Notice of Issuance of the Department of the Army Program Comment
for Vietnam War Era Historic Housing, Associated Buildings and
Structures, and Landscape Features (1963-1975)
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice of issuance.
-----------------------------------------------------------------------
SUMMARY: The Advisory Council on Historic Preservation has issued a
program comment for the U.S. Department of the Army that sets forth the
way in which the Army complies with the National Historic Preservation
Act for its inventory of Vietnam War Era historic housing management
actions, including: maintenance, repair, rehabilitation, renovation,
abatement of hazardous materials, mothballing, cessation of
maintenance, demolition, new construction, lease, transfer, conveyance,
and the use of modern readily available industry standard building
materials and methods in the implementation of management actions.
DATES: The Program Comment went into effect on March 17, 2023.
ADDRESSES: Address any questions concerning the Program Comment to
Megan Borthwick, Office of Federal Agency Programs, Advisory Council on
Historic Preservation, 401 F Street NW, Suite 308, Washington, DC
20001, <a href="/cdn-cgi/l/email-protection#2c414e435e58445b454f476c4d4f445c024b435a"><span class="__cf_email__" data-cfemail="e28f808d90968a958b8189a283818a92cc858d94">[email protected]</span></a>
FOR FURTHER INFORMATION CONTACT: Megan Borthwick, (202) 517-0221,
<a href="/cdn-cgi/l/email-protection#78151a170a0c100f111b1338191b1008561f170e"><span class="__cf_email__" data-cfemail="b4d9d6dbc6c0dcc3ddd7dff4d5d7dcc49ad3dbc2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 106 of the National Historic
Preservation Act, 54 U.S.C. 306108 (section 106), requires federal
agencies to consider the effects of projects they carry out, license,
or assist (undertakings) on historic properties and to provide the
Advisory Council on Historic Preservation (ACHP) a reasonable
opportunity to comment with regard to such undertakings. The ACHP has
issued the regulations that set forth the process through which federal
agencies comply with these duties. Those regulations are codified under
36 CFR part 800 (section 106 regulations).
Under section 800.14(e) of those regulations, agencies can request
the ACHP to provide a ``program comment'' on a particular category of
undertakings in lieu of conducting individual reviews of each
individual undertaking under such category, as set forth in 36 CFR
800.4 through 800.7. An agency can meet its Section 106
responsibilities with regard to the effects of those undertakings by
taking into account an applicable program comment and following the
steps set forth in that comment.
The U.S. Department of the Army (Army) sought a program comment for
its management actions related to its inventory of approximately 7,800
Vietnam War Era historic housing units. Actions could include
maintenance, repair, rehabilitation, renovation, abatement of hazardous
materials, mothballing, cessation of maintenance, demolition, new
construction, lease, transfer, conveyance, and the use of modern
readily available industry standard building materials and methods in
the implementation of management actions. These actions present a
potential for adverse effects to historic properties.
The ACHP issued the Program Comment for Army Vietnam War Era
Historic Housing, Associated Buildings and Structures, and Landscape
Features (1963-1975) (Program Comment) on March 17, 2023. The section
106 regulations require that such program comments be published in the
Federal Register.
I. Need for the Program Comment
The need for this Program Comment is based on the Army's obligation
to provide safe, healthy, quality housing to Soldiers and their
families, and the unique challenges the Army has in managing NHPA
Section 106 compliance for its large and growing inventory of historic
housing. Housing and associated living conditions are critical factors
for military families. A direct connection exists between poor housing
conditions and military readiness. In 2019, the Secretary of the Army
declared an Army Housing Crisis due primarily to widespread
deficiencies and significant quality of life, health, and safety issues
affecting military families living in historic Army housing.
To address the Army Housing Crisis and meet its housing obligations
to military families, the Army must quickly and efficiently implement
management actions to improve Army Vietnam War Era housing conditions
affecting the quality of life for Soldiers and their families. The
section 106 project-by-project review process under existing
installation-level Programmatic Agreements (PAs) may contribute to
delays in completing historic housing maintenance, repairs, and
improvements needed for the transition in occupancy. Those delays could
directly impact the ability of reassigned military families to move-in
and occupy historic housing.
The compliance process efficiencies created by the Program Comment
allows the Army to quickly and efficiently address the health and
safety risks from certain hazardous historic building materials, ensure
cost efficient, effective, and consistent management of the overall
inventory, and implement climate adaptations and use modern resilient
materials.
II. Vietnam War Era Housing and the Program Comment
The Army has the largest housing mission in the Federal Government,
managing over 100,000 total housing units for Soldiers and their
families. Over 7,800 of these historic units are from the Vietnam War
Era (1963-1975). The Army's inventory of Vietnam War Era housing is
located at 18 installations in 13 states.
The intent of the Program Comment is to provide the Army with NHPA
section 106 compliance for repetitive, recurring property management
actions on all privatized and non-privatized Army housing, associated
buildings and structures, and landscape features constructed from 1963
through and including 1975. The property management actions addressed
by the Program Comment are maintenance, repair, rehabilitation,
renovation, abatement of hazardous materials, mothballing, cessation of
maintenance, demolition, new construction, lease, transfer, conveyance,
and the use of modern readily available industry standard building
materials and methods. The Army's Vietnam War Era housing property type
is historically significant under National Register of Historic Places
Criterion A based on its historical association with the Vietnam War.
These management actions may result in adverse effects.
The Vietnam War was a major event in American history from the
early 1960s through the mid-1970s. The heightened warfighting
requirements and costs had direct implications for military activities
at installations in the United States, including the Army family
housing construction program. The 1964 DoD Design Folio objectives
dictated the development of a family housing development plan that
would provide reduced costs in siting, construction, and maintenance. A
proposed solution included the townhouse design developments. Multi-
story, row-unit townhouses, closely sited within large open areas were
recognized as creating the required economies of scale. While ranch
style single family and duplex housing designs for senior officers were
included in the DoD Design Folio and continued
[[Page 28574]]
to be constructed, townhouse and apartment construction on Army
installations predominated during the Vietnam War Era. The Army's
Vietnam War Era housing inventory illustrates the historical
progression of Army housing policy and the influences of wartime
requirements and finances.
III. Properties of Particular Importance and Neighborhood Design
Guidelines
The Army identified a subset of eligible properties that retain the
highest degree of integrity and designated them as Properties of
Particular Importance (PPI). PPI, located exclusively at Schofield
Barracks, Oahu, Hawaii, make up over 7% of the total inventory of Army
Vietnam War Era Housing. The Program Comment includes a consultation
process to follow when PPI are proposed for cessation of maintenance or
demolition. The Army completed additional documentation of the PPI as
mitigation included in the Historic Context Report.
Additional mitigation includes development of Neighborhood
Guidelines in coordination with ACHP. The guidelines will set clear
parameters for all management actions including new construction. The
Army will complete the guidelines within one year of Program Comment
issuance.
IV. Consultation on the Program Comment
The Army formally submitted this Program Comment to the ACHP twice,
resulting in two rounds of consultation for both the Army and the ACHP.
The Army sought participation from the public, State Historic
Preservation Officers (SHPOs), Indian tribes, Native Hawaiian
Organizations (NHOs), and other interested parties in the Program
Comment's development prior to formally submitting its request for a
Program Comment to the ACHP.
In accordance with 36 CFR 800.14(e)(2)(3)(4), the ACHP conducted
consultation with State Historic Preservation Officers (SHPOs), Tribal
Historic Preservation Officers, Indian Tribes, and Native Hawaiian
organizations and provided for public participation.
During the first round of consultation in September 2022, outreach
consisted of broadcast emails, social media posts, and a dedicated
website for the Program Comment. The ACHP conducted two government-to-
government consultations with Indian Tribes with a total of four
participants. Additionally, the ACHP conducted two SHPO meetings with a
total of eleven participants. Nine written comments were received.
Written comments included support for the efficiencies provided in the
program comment, requests to receive notification as appropriate in the
case of unanticipated discoveries, and substantive comments addressed
below. During consultation, the ACHP received comments regarding new
construction in the context of this Program Comment, identification of
Properties of Particular Importance the review process for these
properties of particular importance, and inclusion of demolition and
conveyance in program comments.
The ACHP received comments regarding the definition of new
construction within the context of the Program Comment. ACHP Staff
worked with the Army to refine the definition of new construction in
the context of this Program Comment which now clarifies that new
construction is limited to the boundaries of the previously disturbed
areas in the Vietnam War Era neighborhoods. The definition was adjusted
to differentiate between disturbed and undisturbed areas and clarifies
that new housing construction only occurs within the boundaries of
existing Vietnam War Era housing neighborhoods. Any impacts to known
archaeological resources or unanticipated discoveries are outside of
the scope of this Program Comment.
Some consulting parties argued that the process proposed for review
of cessation of maintenance and demolition of properties of particular
importance provided limited opportunities for substantive consultation.
The Army agreed to replace that Program Comment based review process
with the standard process for resolving adverse effects within the
Section 106 regulations at 36 CFR 800.6-800.7, which would allow for
individual reviews and consultation.
Some consulting parties commented that provisions within the
Program Comment for identifying PPI were very general and, if
implemented, may not result in the identification of any such
properties. The Army identified and designated PPI prior to
resubmitting the Program Comment.
Inclusion of Cessation of Maintenance, Demolition, New
Construction, and Conveyance in Program Comments continued to be a
concern to some during consultation. The ACHP has consistently
maintained demolition may be considered an appropriate management
action within a program comment, which is why the ACHP has frequently
issued program comments that include demolition and new construction as
management actions. The purpose of the overall Program Comment is to
manage the entire inventory of Vietnam War Era housing. Demolition is
just one of many management actions (category of undertakings) within
the scope of the Program Comment which is largely focused on
maintenance actions. ACHP staff further noted that demolition as a
management action has typically been used sparingly by Federal agencies
that implement similar program comments. For example, the Capehart-
Wherry Program Comment includes demolition as a management action and
only 3% of the units have been demolished since 2002.
The second round of consultation conducted in February 2023,
consisted of broadcast email, social media posts, and a dedicated
website for the program comment. The ACHP conducted one virtual
government-to-government consultation with Indian Tribes and NHOs for
which no one called in and one virtual SHPO consultation meeting with
four participants. The ACHP also hosted a special Membership meeting.
During the consultation period, the ACHP received four responses
from Tribes with no concerns, one response from a SHPO office with no
concerns and five substantive comments from preservation organizations.
Substantive comments included concerns regarding use of terminology
such as Properties of Particular Importance that are unique to this
Program Comment; consideration of the neighborhood characteristics; and
appropriate digital retention of documentation. Additional concerns
included the inclusion of cessation of maintenance, demolition, new
construction, and conveyance in the Program Comment.
ACHP Staff worked with the Army to address these comments and
concerns. Army incorporated additional justification for inclusion of
cessation of maintenance and demolition into the Program Comment and
provided information on the installation specific programmatic
agreements which cover housing at the affected installations.
Opportunities for SHPO and consulting party review and comment are
built into the process for cessation of maintenance or demolition of
Properties of Particular Importance. The Army added a mitigation
measure to develop neighborhood design guidelines which will address
neighborhood characteristics and cover the management actions included
in the Program Comment. The guidelines will be developed in
coordination the ACHP and completed within one year of the program
comment issuance. The Army also appended the two-volume historic
context report by reference to the Program Comment. Survey information,
[[Page 28575]]
identification, designation, and documentation of the Properties of
Particular Importance can be found in the historic context report.
V. More Information
For further information on the Program Comment and the Army's
Vietnam War Era Historic Context Report Volumes 1 and 2 incorporated as
appendices by reference, see <a href="https://www.denix.osd.mil/army-vwehh-pc/">https://www.denix.osd.mil/army-vwehh-pc/</a>.
VI. Clarification Regarding Army Housing Partners
The ACHP interprets the Program Comment to allow the Army to ensure
compliance with its terms regarding privatized housing by imposing such
requirements on its housing partners.
VII. Text of the Program Comment
What follows is the text of the issued Program Comment:
Program Comment for Department of the Army Vietnam War Era Housing,
Associated Buildings and Structures, and Landscape Features (1963-1975)
1.0. Introduction and Need for the Program Comment
1.1. Introduction
Section 106 of the National Historic Preservation Act (NHPA), 54
U.S.C. 306108, requires Federal agencies to take into account the
effects of projects they carry out, license, or assist (undertakings)
on historic properties, and to provide the Advisory Council on Historic
Preservation (ACHP) a reasonable opportunity to comment regarding such
undertakings. The ACHP has issued the regulations that set forth the
process through which Federal agencies comply with these
responsibilities. Those regulations are codified under 36 CFR 800
(Section 106 regulations).
Under 36 CFR 800.14(e), federal agencies can request the ACHP
provide Program Comments on a category of undertakings, in lieu of
conducting individual reviews of those undertakings under 36 CFR 800.3-
800.7. An agency can meet its NHPA Section 106 responsibilities
regarding the effects of a category of undertakings on historic
properties by following the steps set forth by the ACHP in a Program
Comment.
The Army's real property is a vital component of its national
defense mission, and many of the buildings and structures constructed
by the Army over its 247-year history are now historic properties.
Among those historic properties, historic housing is a significant
concern; it is a large part of the Army's total housing inventory, is
critical to the readiness mission and well-being of thousands of
Soldiers and their families, and it requires extensive financial
resources and process time for compliance with NHPA Section 106 and 36
CFR 800.
The Army has a unique and significant challenge among federal
agencies in managing NHPA Section 106 compliance for its inventory of
historic housing. The Army manages the largest inventory of historic
housing in the federal government with over 30,000 historic homes
currently over 50 years old and subject to NHPA Section 106
requirements. The Army's historic housing inventory includes examples
that span from the early 19th century through the modern historic
housing of the late 20th century that is subject of this Program
Comment. The Army's historic housing represents a diverse inventory of
American domestic architectural styles with highly varied levels of
architectural integrity and historic significance. The Army will have
an additional 70,000 modern historic homes added to its historic
housing inventory over the next 50 years and will in this century have
an unprecedented total of over 100,000 historic homes subject to NHPA
Section 106 requirements.
This Program Comment for Department of the Army (Army) Vietnam War
Era Historic Housing, Associated Buildings and Structures, and
Landscape Features (1963-1975) (Program Comment) provides the Army with
an alternative means to comply with NHPA Section 106 regarding the
category of undertakings termed management actions for its inventory of
Vietnam War Era housing, associated buildings and structures,
landscapes, and landscape features (Vietnam War Era housing). The Army
has over 7,800 modern historic homes constructed during the 13-year
Vietnam War Era from 1963-1975. Management actions required for this
housing include maintenance, repair, rehabilitation, renovation,
abatement of hazardous materials, mothballing, cessation of
maintenance, demolition, new construction, lease, transfer, conveyance,
and the use of modern, readily available industry standard building
materials and methods in the implementation of management actions.
1.2. Need for the Program Comment
The need for this Program Comment is found in the Army's obligation
to provide safe, healthy, quality housing to Soldiers and their
families, and the unique challenges the Army has in managing NHPA
Section 106 compliance for its large and growing inventory of historic
housing. In 2019, the Secretary of the Army declared an Army Housing
Crisis due primarily to widespread deficiencies and significant quality
of life, health, and safety issues effecting military families living
in historic Army housing.
To address the Army Housing Crisis and meet its housing obligations
to military families, the Army must implement management actions to
improve Army Vietnam War Era housing conditions effecting the quality
of life for Soldiers and their families; address the health and safety
risks from certain hazardous historic building materials; ensure cost
efficient, effective, and consistent management of the overall
inventory; implement climate adaptations and use modern resilient
materials; and improve the NHPA Section 106 compliance processes times
for actions intended to preserve Vietnam War Era housing.
Housing and associated living conditions are critical factors for
military families in the context of the challenges and stressors
Soldiers and their families must cope with in their daily lives. A
direct connection exists between poor housing conditions and military
readiness. Concerns among service members about poor housing conditions
have been found to make it difficult to focus on the military mission,
some service members are leaving the military because of poor housing
conditions, and the issue is also impacting the ability to recruit new
service members (GAO Report 20-281, Military Housing, March 2020).
Housing during the Vietnam War Era was constructed with single-pane
windows, asbestos containing shingles and siding, minimal wall and
attic insulation, galvanized steel pipes for water supply, cast iron
drainpipes, 100-amp circuit breakers, obsolete HVAC components, and
lead-based paint and asbestos containing building materials. Most
original building materials in Army Vietnam War Era housing have been
replaced. The housing is smaller, and floorplans are obsolete relative
to the modern standards expected by military families. While
improvements to Army Vietnam War Era housing have been made in the
past, many requirements remain, and many continue to arise and create a
continuous need for implementation of the management actions addressed
in this Program Comment.
The Army must address both its current historic housing challenges
and emerging 21st century challenges. Emergent 21st century challenges
include the unprecedented growth in
[[Page 28576]]
the Army's inventory of modern historic housing that will occur over
the next 50 years, the related surge in NHPA Section 106 compliance
requirements and associated significant financial and compliance
process time impacts. Additionally, as climate risks intensify, there
is an increased need to use resilient current industry standard
building materials and implement climate adaptation measures to ensure
modern historic Army housing remains sustainable.
The Army must address the extensive recurring maintenance, repair,
and rehabilitation requirements for Vietnam War Era housing and seek to
control those costs using industry standard building materials. The
Army must abate the historic building materials used in housing from
this period that present lead-based paint, asbestos, and other hazards
to housing occupants; implement renovations that address the need for
additional bedrooms and expanded living space; provide kitchen and
bathroom improvements; implement climate change adaptations through the
use of modern, climate resilient, energy efficient building materials
and other energy efficiency measures; modernize heating, cooling and
ventilation systems; modernize plumbing and electrical systems; and
address NHPA compliance processes that impact the rapid turnaround and
occupancy of housing by reassigned military families.
The Army also has the need to lease, transfer, or convey Vietnam
War Era housing to facilitate housing operations by its housing
privatization partners under the Army's Residential Communities
Initiative (RCI). RCI operates under Army authority on Army
installations nationwide through legal partnerships between the Army
and private sector developers. Lease, transfer, and conveyance involves
the execution of lease, transfer, and other conveyance documents for
the purposes of transfer of Vietnam War Era housing to and between RCI
partners, between RCI partners and the Army, and out of RCI partner or
government ownership.
The Army must holistically manage its total inventory of Vietnam
War Era housing to make certain the housing is preserved and maintained
as a viable real property asset into the future. Managers of large
inventories of real property understand that total inventory management
includes the recurring need to at times cease maintenance and demolish
certain properties that are no longer viable real property assets. For
Army Vietnam War Era housing, cessation of maintenance and demolition
are inventory management tools that reduce the excessive costs
associated with maintaining certain homes that are no longer viable
real property assets. The resulting cost savings are reinvested to
maintain and preserve the remaining housing inventory as viable
property assets. Cessation of maintenance and demolition may be
required for certain Army Vietnam War Era housing when deterioration
effects the structural integrity of homes, the habitability of homes,
or the quality of life of military family occupants; when the homes are
no longer needed, stand vacant and are expected to remain vacant into
the foreseeable future; where hazardous materials and unsafe conditions
exist that could affect the health and safety of occupants; and when
new replacement housing is needed to improve the overall quality of
life for military families. The majority of Program Comments issued by
the ACHP over the past 20 years recognize the necessity for and include
demolition as an accepted inventory management tool.
The role of demolition and reinvestment in the long-term
preservation of modern historic Army housing is confirmed by 20 years
of information from the Program Comment for Army Capehart-Wherry
housing (1949-1962). In 2002, when ACHP issued the Program Comment for
Army Capehart-Wherry housing allowing demolition and other total
inventory management actions, there were 19,036 Army Capehart-Wherry
homes. In 2022 there were 18,483 Army Capehart-Wherry homes. With an
average of 28 Capehart-Wherry homes demolished each year during the 20-
year Program Comment period, the Army has removed 553 or 3% of
deteriorated, excess, vacant, and unsafe Capehart-Wherry homes, meaning
it has preserved 97% of its Capehart Wherry housing through
reinvestment and continued improvement to maintain the housing as a
viable asset for military families. The Program Comment for Army
Capehart-Wherry housing states that Capehart-Wherry housing will be
preserved through its continued use as housing, and it has been. With a
97% preservation rate over the past 20 years of implementation, the
Program Comment for Army Capehart-Wherry housing demonstrates how the
total inventory management capability including demolition provided by
a Program Comment ensures the long-term preservation of modern historic
Army housing.
The Army is also implementing a Program Comment for Army Inter-War
Era housing (1919-1940) issued by the ACHP in 2020. The Program Comment
for Army Inter-War Era housing authorized the programmatic use of
modern industry standard building materials that have maintained the
historic character of the housing, improved its climate resiliency, and
have saved millions of dollars in the rehabilitation of Inter-War Era
housing. The cost savings resulting from the use of modern industry
standard building materials are reinvested to further preserve and
improve the housing for military families. More information on these
and other outcomes of the Program Comment for Army Inter-War Era
housing may be found in the Annual Reports for 2021 and 2022 that are
located at <a href="https://denix.osd.mil/army-pchh/home/">https://denix.osd.mil/army-pchh/home/</a>.
The effectiveness of Program Comments in delivering consistent and
positive preservation outcomes for modern historic Army housing is
demonstrated by the ongoing implementation of the Program Comment for
Army Capehart Wherry housing and the Program Comment for Army Inter-War
Era housing. These Program Comments demonstrate that the best means to
ensure long-term preservation of the Army's large inventory of modern
historic housing is to sustain the housing as a viable mission-
supporting real property asset through the holistic inventory
management capabilities provided by Program Comments. The Program
Comments for Army Capehart Wherry housing and Army Inter-War Era
housing continue to deliver tangible historic preservation benefits and
consistent outcomes, improve the quality of life, health, and safety of
Army families residing in the housing, and create significant NHPA-
related cost efficiencies and process improvements. Similar benefits,
outcomes, improvements, and efficiencies are required for the Army's
large inventory of Vietnam War Era housing.
2.0. Intent and Scope of the Program Comment
2.1. Intent of the Program Comment
This Program Comment is intended to provide the Army compliance
with NHPA Section 106 for the management actions occurring on all
privatized and non-privatized Army housing, associated buildings and
structures, and landscape features constructed from 1963 through and
including 1975. Management actions will be implemented under this
Program Comment in lieu of conducting individual project reviews under
36 CFR 800.3-800.7, with an exception provided in section 5.2.4.3
regarding the
[[Page 28577]]
treatment of properties of particular importance.
This Program Comment acknowledges that among federal agencies, the
Army faces a unique and significant NHPA Section 106 compliance
challenge due to its large and growing inventory of historic housing.
This Program Comment addresses a category of undertakings termed
management actions and recognizes that implementation of those
management actions directly improves the material living conditions for
thousands of military families living in Army Vietnam War Era housing
while ensuring the housing is preserved as a real property asset.
This Program Comment prioritizes the quality of life, health, and
safety of military families in harmony with the preservation of Army
Vietnam War Era housing. It is focused on preservation of this modern
historic housing while addressing the effects that the historic
preservation process may have on the people who live in and manage the
housing. The material living conditions, financial impacts, and
wellbeing of people are in the forefront as prevailing concerns in the
preservation of modern historic Army housing.
This Program Comment recognizes that intensifying climate risks
require the use of modern resilient building materials and that the
implementation of climate adaptation measures are needed to ensure Army
Vietnam War Era housing remains a sustainable real property asset.
This Program Comment recognizes that standardized plans developed
by civilian sector architects were used in the construction of Army
Vietnam War Era housing and that similar designs, plans, building
materials, and construction methods were used in the construction of
over 20 million comparable homes built in the private sector during
this same 13-year period.
This Program Comment recognizes that the Army's inventory of
Vietnam War Era housing is eligible for the National Register of
Historic Places (NRHP) under Criterion A, due to its association with
the history of the Vietnam War. Army Vietnam War Era housing is not
eligible for the NRHP under Criteria B, C, or D. The Army's Vietnam War
Era housing has been extensively altered to the degree that the
inventory overall lacks architectural integrity.
This Program Comment includes mitigation measures and recognizes
that any adverse effects of management actions on Army Vietnam War Era
housing are addressed and resolved through those mitigation measures.
This Program Comment ensures positive historic preservation
outcomes resulting from its flexible, efficient, consistent, and cost-
effective management process that preserves the continuity of
historical use of Army Vietnam War Era housing.
This Program Comment is calibrated to the conditions, significance,
and ubiquity of the Army Vietnam War era housing property type; is
holistic in its scope and effect; and will provide long-term
preservation by ensuring that the housing will be a mission-supporting
real property asset into the future.
2.2. Scope of the Program Comment
The scope of this Program Comment includes and addresses all
privatized and non-privatized Army housing constructed from 1963
through and including 1975. The Army's best available information
indicates there are 7,843 Vietnam War Era homes on 18 Army
installations in 13 states. The Army's current information on Vietnam
War Era homes indicates the following locations and numbers of homes:
Fort Hood, TX--2,032 Vietnam War Era homes; Fort Benning, GA--1,292;
Fort Carson, CO--839; Fort Gordon, GA--740; Fort Meade, MD--675; Fort
Bragg, NC--615; USAG-Hawaii, HI--555; Fort Campbell, KY--230; Fort
Riley, KS--211; Fort Sill, OK--199; Fort Polk, LA--182; Fort Jackson,
SC--119; Fort Leavenworth, KS--44; Fort Detrick, MD--40; Fort Stewart,
GA--38; Redstone Arsenal, AL--18; Joint Base Lewis McChord (JBLM), WA--
10; Aberdeen Proving Ground, MD--4. This information represents the
best available Army Vietnam War Era housing inventory information as of
the date of this Program Comment.
3.0. Description and Significance of Army Vietnam War Era Housing
The Army Vietnam War Era housing property type includes military
housing constructed on Army installations during the period 1963-1975
to house the increased number of military personnel required to support
the Vietnam conflict. This property type is comprised of residential
buildings including ranch houses, duplexes, multiplexes, townhouses,
and apartment buildings along with associated structures, such as
carports and storage sheds, and landscape features concentrated in
distinct neighborhoods within residential areas of Army installations.
Reflecting expediently constructed and cost-effective examples of
housing types popular in the civilian sector during this time, this
military housing is characterized by a functional contemporary
architectural character, minimal ornamentation, and high degree of
standardization in design, materials, and construction. The Vietnam War
Era homes in these military neighborhoods have collectively undergone
significant modifications from active use over the years and no longer
retain architectural design integrity. The property type does retain a
significant historical association with the Vietnam War.
During the Vietnam War Era, the DoD looked to the civilian housing
market and adopted popular Modern house designs from the civilian
sector and applied those in constructing military housing. While the
DoD sought to adopt modern design principles for Vietnam War Era
housing, size limitations and cost criteria established by Congress for
military family housing influenced the resulting housing stock in terms
of architectural expression and interior design.
The US Army Corps of Engineers (USACE) managed the contracting and
construction of Army family housing for the Department of the Army
during the Vietnam War Era. Beginning in 1964, USACE used new
standardized housing design plans developed for DoD by civilian
architectural firms as a basis for Army housing construction contracts
(DoD Design Folio, 1964). The standardized plans in the DoD Design
Folio reflect housing designs that the architects were already using in
the private sector. USACE hired local and regional architectural and
engineering firms from the private sector to construct the Army family
housing at each installation. Due to wartime financial constraints, the
standardized design plans in the DoD Design Folio were subject to
extensive site-specific design modifications, and the actual housing
constructed was much more modest, stripped-down versions of the housing
depicted in the DoD Design Folio.
Army homes from this period fall within the category of modern
housing (see: A Field Guide to American Houses, Virginia Savage
McAlester, 2017). Starting in 1964, townhouses began to be constructed
by the Army in significant numbers. While townhouses and apartments
became a predominate type of Army family housing constructed during the
Vietnam War Era, single family homes, duplex homes, and apartment
buildings also continued to be constructed following the same designs,
building materials, and construction methods that were used in millions
of homes constructed in the private sector during this period. The Army
Vietnam War Era neighborhoods
[[Page 28578]]
used standard civilian sector designs and principles of residential
planning and development. The townhouses were constructed for enlisted
personnel up to and including junior officers (lieutenants and
captains). Army townhouse developments applied and followed the
existing trends in community planning and townhouse neighborhood design
concepts from the civilian sector.
The Army's Vietnam War Era housing property type is historically
significant under NRHP Criterion A based on its historical association
with the Vietnam War. The Vietnam War was a major event in American
history from the early 1960s through the mid-1970s. The heightened
warfighting requirements and costs had direct implications for military
activities at installations in the United States, including the Army
family housing construction program. The Vietnam War had a significant
fiscal impact on Army housing construction appropriations, influencing
the types and numbers of housing built. The 1964 DoD Design Folio
states that DoD objectives dictated the development of a family housing
development plan that would provide reduced costs in siting,
construction, and maintenance. A proposed solution included the
townhouse design developments. Multi-story, row-unit townhouses,
closely sited within large open areas was recognized as creating the
required economies of scale. While ranch style single family and duplex
housing designs for senior officers were included in the DoD Design
Folio and continued to be constructed, townhouse and apartment
construction on Army installations predominated during the Vietnam War
Era. Army Vietnam War Era housing illustrates the historical
progression of Army housing policy, the influence of wartime policies
and their financial implications as reflected in the housing
construction program.
Army Vietnam War Era housing is not significant under NRHP Criteria
B, C, or D. Army Vietnam War Era is not associated with the productive
lives of significant architects, military figures, or real estate
developers from this period (Criterion B (Persons)). Regarding
Criterion C (Design/Construction), this property type does not
represent distinctive characteristics of type, period, and method of
construction, does not represent the work of a master; possess high
artistic value; or represent a significant and distinguishable entity
whose components lack individual distinction. Standardized plans
developed by civilian sector architects were used in the construction
of Army Vietnam War Era housing, and the same plans, designs, building
materials, and construction methods were used in the construction of
20.4 million comparable homes in the private sector during this period
(<a href="https://www.census.gov/construction/nrc/index.html">https://www.census.gov/construction/nrc/index.html</a>). Additionally, the
Army's inventory of Vietnam War Era housing has had extensive physical
modifications impacting its architectural design integrity including
extensive replacement of original interior and exterior building
elements and original building materials. Army Vietnam War Era housing
overall lacks architectural design integrity due to substantial
physical modifications that have occurred and does not convey
significance under Criterion C. Regarding Criterion D (Information
Potential), the housing inventory is not likely to yield important
information since it does not represent the principal source of
information on design or construction of housing from this period.
The Army's public website for the Program Comment contains
extensive information on the history, architecture, and the NRHP
significance of Army Vietnam War Era housing, see <a href="https://www.denix.osd.mil/army-vwehh-pc">https://www.denix.osd.mil/army-vwehh-pc</a>. Army-wide historic context reports,
historic documents, installation level inventory, evaluation, and
documentation of the housing are located on the website.
4.0. Category of Undertaking and Assessment of Effect
4.1. Category of Undertaking
The category of undertaking addressed by this Program Comment is
management actions. Management actions are defined as maintenance,
repair, rehabilitation, renovation, abatement of hazardous materials,
mothballing, cessation of maintenance, demolition, new construction,
lease, transfer, conveyance, and the use of modern industry standard
building materials and methods in the implementation of management
actions.
This category of undertakings is defined based on both the Army's
Vietnam War Era housing management needs and on two previous Program
Comments for modern historic Army housing. The definition of management
actions as the category of undertaking for Army Vietnam War Era housing
follows the definition of management actions established in the Program
Comment for Army Capehart-Wherry housing and the Program Comment for
Army Inter-War Era housing.
4.2. Assessment of Effect
The Army's management actions will have an adverse effect on Army
Vietnam War Era housing. An adverse effect occurs when an action may
alter, directly or indirectly, any of the characteristics of a historic
property that qualify the property for inclusion in the NRHP in a
manner that would diminish the integrity of the property's location,
design, setting, materials, workmanship, feeling, or association. The
characteristic that qualifies Army Vietnam War Era housing for
inclusion in the NRHP is its historical association with the Vietnam
War under NRHP Criterion A.
The Army's mitigation measures focus on addressing the adverse
effects of management actions on the housing's historical association
with the Vietnam War and include professional research and public
education regarding the history of the housing within the historic
context of the Vietnam War; inventory and documentation regarding the
housing's location, design, setting, materials, workmanship, and
feeling; the identification and treatment of properties of particular
importance; and the development and implementation of Neighborhood
Design Guidelines among other measures. The mitigation measures ensure
that any adverse effects of management actions are taken into account
in consideration of the NRHP significance of the Army Vietnam War Era
housing property type.
5.0. Mitigation Measures
NHPA Section 106 mitigation measures address and resolve the
adverse effects of undertakings on historic properties and the
qualities that make the properties historically significant. Since the
Army's inventory of Vietnam War Era housing is significant based on its
historical association with the Vietnam War, the mitigation measures
for Army Vietnam War Era housing are properly focused on mitigating
adverse effects to the significance of Army Vietnam War Era housing
under NRHP Criterion A.
5.1 Prior Mitigation Measures
The Army has existing documentation on the history and historic
context of Vietnam War Era housing, installation-specific inventory and
evaluation reports of Vietnam War Era housing recording its design and
architectural style, interior designs and floorplans, factors
influencing design variations, and its associated buildings and
structures, and landscape features. This existing set of prior Army
documentation serves as a Program
[[Page 28579]]
Comment mitigation measure since it provides comprehensive
documentation and recordation of Vietnam War Era housing, associated
buildings and structures, and landscape features. The existing
documentation for Army Vietnam War Era housing is consolidated on the
Army's Vietnam War Era Housing website <a href="https://www.denix.osd.mil/army-vwehh-pc">https://www.denix.osd.mil/army-vwehh-pc</a>.
The prior documentation includes the overarching DoD-wide historic
context Vietnam and the Home Front: How DoD Installations Adapted,
1962-1975, June 2014; the Department of Defense Housing Design Folio,
1964; Fort Gordon Cold War Architectural Survey, April 2005;
Architectural Survey Conelly Duplex Units, Hawthorne Army Depot, NV,
September 2014; and Architectural Inventory and Evaluation of 1970s-Era
Family Housing at U.S. Army Garrison Fort Carson, CO, August 2019.
5.2. Additional Mitigation Measures
Unless otherwise specified, all additional mitigation measures in
this section will be completed in three calendar years from the date of
ACHP Federal Register notice of issuance of the Program Comment.
Documents resulting from these mitigation measures will as appropriate,
be made available to the public by means of the Army's Vietnam War Era
housing website at <a href="https://www.denix.osd.mil/army-vwehh-pc">https://www.denix.osd.mil/army-vwehh-pc</a>, following
security review and clearance.
5.2.1. Public Education on the History of Army Vietnam War Era Housing
The Army will maintain a public website containing information
about the history of the Army Vietnam War Era housing for public
educational purposes. The Army will provide relevant public
documentation regarding Vietnam War Era housing and make that
information available via the website, thereby providing the public a
single and readily accessible source of information on the history of
this housing. The Army will also use social media to distribute
information on Vietnam War Era historic housing and other Army historic
preservation information.
5.2.2. Historic Context Research for Army Vietnam War Era Housing
New scholarly information on the history of Vietnam War Era housing
through in-depth professional research and presentation of additional
Army Vietnam War Era housing historic context information was developed
by the Army for this Program Comment. The Army conducted archival
research and assessed historical information relevant to the nation-
wide historic context of the housing, address the history and
characteristics of the military construction program for Vietnam War
Era housing, and other important aspects pertaining to the history of
Army Vietnam War Era housing in the context of the Vietnam War. The
two-volume historic context documentation is published on the Army's
Vietnam War Era Housing public website <a href="https://www.denix.osd.mil/army-vwehh-pc">https://www.denix.osd.mil/army-vwehh-pc</a>.
5.2.3. Army-Wide Vietnam War Era Housing Inventory and Evaluation
An Army-wide inventory and evaluation of Vietnam War Era housing
was developed by the Army for this Program Comment. This includes the
inventory of representative Vietnam War Era housing architectural
styles, associated buildings and structures, and landscape features,
and information and evaluation of the housing's location, design,
setting, materials, workmanship, and feeling, provide information. The
report also provides the identification and evaluation of properties of
particular importance. The documentation is published on the Army's
Vietnam War Era Housing public website <a href="https://www.denix.osd.mil/army-vwehh-pc">https://www.denix.osd.mil/army-vwehh-pc</a> as part of the two-volume historic context document.
5.2.4. Designation, Recordation, Documentation, and Treatment of
Properties of Particular Importance
5.2.4.1. Designation of Properties of Particular Importance
Army Vietnam War era housing properties of particular importance
are defined as: Army Vietnam War era housing that retains a high degree
of integrity, represents particularly important historical aspects of
the Army Vietnam War Era housing program, and that represent
particularly important building types or methods of construction. To be
considered properties of particular importance Army Vietnam War Era
housing must retain original location, scale, mass, proportion,
materials, and ornamentation from the period of construction.
A total of 555 Army Vietnam War era homes equivalent to 7.1% of the
total Army inventory of 7,843 Vietnam War era homes are designated as
properties of particular importance. The 555 Army Vietnam War era homes
designated as properties of particular importance are in the Akolea,
Aloala, and Ralston neighborhoods, at Schofield Barracks, Hawaii (HI).
Unlike all other Army installations with Vietnam War era housing,
the housing in these three neighborhoods at Schofield Barracks has had
minimal exterior modifications in terms of materials, additions, and
new construction. This housing not undergone the significant redesign
and extensive replacement of original building materials and
ornamentation that has occurred throughout the rest of the Army
inventory of Vietnam War Era housing. The original building designs and
building materials such as jalousie windows and concrete block and wood
board-and-batten siding are original, roof modifications are minimal.
Interior modifications are also minimal to maintain the livability of
the units and consist of replacement finishes, fixtures, and
appliances. In select cases, some housing units were combined, and
those original interior floor plans were modified.
Despite some minimal modifications over time, Army Vietnam War era
housing in the Akolea, Aloala, and Ralston neighborhoods retains
sufficient integrity of association, feeling, location, and setting to
convey their historical association with the Vietnam War. The buildings
retain a high degree of integrity of design, materials, and
workmanship. The housing is however not distinctive or distinguishable
in its design and construction relative to the national inventory of
housing from this period. Additionally, research has not identified any
association with persons important in the past, and the housing is
unlikely to yield information important to history because it is not
the principal source of information representing housing constructed
during the Vietnam War Era.
The inventory conducted at Schofield Barracks confirmed that the
military followed civilian-sector housing trends and did not construct
housing that was unique or distinctive from the 20 million civilian
sector homes constructed in the US during this period. Through the
retention of original building materials and design, the housing in the
Aloala, Akolea, and Ralston neighborhoods maintains the domestic design
principles popularized during the period. The Vietnam War Era housing
in the Aloala, Akolea, and Ralston neighborhoods retains original
location, scale, mass, proportion, materials, and ornamentation from
the period of construction. The neighborhood designs are cohesive and
visually convey original suburban residential design from the Vietnam
War Era. Therefore, the 555 Army Vietnam
[[Page 28580]]
War era homes located in the Akolea, Aloala, and Ralston neighborhoods
at Schofield Barracks, HI meet the definition of properties of
particular importance and are so designated.
5.2.4.2. Recordation and Documentation of Properties of Particular
Importance
The Army has recorded and documented the designated properties of
particular importance. The recordation and documentation include site-
specific archival research of primary and secondary source materials
and review of previous studies to develop a specific history and
statement of significance for the designated properties of particular
importance at Scofield Barracks. Research includes a review of
drawings, historic photographs, and written documents, as available.
Fieldwork investigations documented the current appearance of the
buildings with digital images of individual building types including
elevations and exterior details of the housing. The digital photographs
follow National Park Service digital photography standards and show the
respective housing in context. The documentation of the designated
properties of particular importance is published on the Army's Vietnam
War Era Housing website <a href="https://www.denix.osd.mil/army-vwehh-pc/">https://www.denix.osd.mil/army-vwehh-pc/</a> in the
two-volume historic context document. The ``Historic Context for Army
Vietnam War Era Historic Housing, Associated Structures, and Landscape
Features (1963-1975) Volumes 1 and 2'' are hereby designated as an
Appendix to this Program Comment, see section 10.0.
5.2.4.3. Treatment of Properties of Particular Importance
Inventory management requirements for Army Vietnam War Era housing
may necessitate the cessation of maintenance and demolition of
properties of particular importance designated in section 5.2.4.1. The
Army will follow the consultation process in 36 CFR 800.6-800.7 to
address adverse effects when designated Vietnam War Era housing
properties of particular importance are proposed for cessation of
maintenance and demolition. Memoranda of Agreement (MOAs) or
Programmatic Agreements (PAs) prepared in accordance with 36 CFR 800 to
resolve the adverse effects of cessation of maintenance and demolition
on the designated properties of particular importance are subject to
the following requirements of this Program Comment: (a) properties of
particular importance have been identified, evaluated, and designated
under this Program Comment and no further actions under 36 CFR 800 or
any MOA or PA shall be stipulated or required to identify, evaluate, or
designate additional Army Vietnam War Era housing properties of
particular importance and, (b) the documentation of properties of
particular importance prepared in section 5.2.4.2 will be incorporated
as a mitigation measure in any MOA or PA prepared to address cessation
of maintenance and demolition of Army Vietnam War Era housing
properties of particular importance. The procedures in this section for
treatment of properties of particular importance apply over the
duration of this Program Comment.
5.2.5. Neighborhood Design Guidelines
The Army will: (i) Prepare Army Vietnam War Era Housing
Neighborhood Design Guidelines in coordination with the ACHP within one
year of issuance of this Program Comment, (ii) Use a qualified
professional and the information in the historic context study
referenced in section 5.2.2 to prepare the Neighborhood Design
Guidelines, (iii) Address the design and setting of Vietnam War Era
neighborhoods and landscape features in the Neighborhood Design
Guidelines, (iv) Ensure the Neighborhood Design Guidelines are
available to those installations with Vietnam War Era housing, and (v)
Implement the Neighborhood Design Guidelines to the maximum extent
practicable in planning management actions that affect the overall
design of Vietnam War Era neighborhoods.
5.2.6 Historic Preservation Tax Credits
The Army FPO will advise its Residential Communities Initiative
(RCI) privatized housing partners that Vietnam War Era housing may be
eligible for Federal and State historic preservation tax credits upon
ACHP issuance of this Program Comment. The Army FPO will provide
supplemental tax credit information on request from RCI housing
partners including offices and website locations that provide
information on applicable tax credits.
5.2.7. Annual Report
On or before January 31st of each reporting year, the Army will
provide an Annual Report on the Program Comment to the ACHP for the
preceding year. The Annual Report will provide the status of the Army's
implementation of the mitigation measures. The Annual Report will
include a summary of final Army decisions made during the reporting
year for demolition of Vietnam War era housing. The Annual Report will
identify significant issues that may have arisen while implementing the
Program Comment, how those were addressed, and how they may be avoided
in the future. The Annual Report will include an assessment of the
overall effectiveness of the Program Comment in meeting its intent.
5.2.8. Annual Meeting
After its submission of the Annual Report and upon the ACHP's
request, the Army will schedule a meeting with the ACHP, and invite the
National Conference of State Historic Preservation Officers (NCSHPO),
the National Association of Tribal Historic Preservation Officers
(NATHPO), the National Trust for Historic Preservation (NTHP), and any
other ACHP identified invitees to discuss implementation of the Program
Comment. Prior to the Annual Meeting, the Army will provide an Annual
Report on the Vietnam War Era Housing Program Comment to the meeting
invitees relating the status of completion of the mitigation measures
in section 5.2. The Annual Meeting provides an opportunity for
attendees to provide their views on the overall effectiveness of the
Program Comment in meeting its intent and purpose. The Army will
document the occurrence of the meeting and participants, and its
response to recommendations made by the ACHP. Annual Meetings may take
place in-person, by phone, by videoconference, or any combination of
such methods.
6.0. Applicability of the Program Comment
This Program Comment applies to all Army Vietnam War Era housing,
associated buildings and structures, landscapes and landscape features,
and neighborhoods built from 1963 through and including 1975. Over 99%
of Army's Vietnam War Era housing is privatized housing operated under
the Army's RCI program. The Program Comment applies to all Army Vietnam
War Era housing, both privatized and non-privatized.
The Program Comment does not apply when a management action may
cause physical damage, destruction, or change the physical features of
other historic properties including properties of traditional religious
and cultural importance to Federally recognized Indian tribes or NHOs;
human remains, funerary objects, sacred objects, and cultural patrimony
as defined in the Native American Graves Protection and Repatriation
Act (NAGPRA).
The Army reviewed its National Historic Landmarks (NHL)
documentation to confirm there are no
[[Page 28581]]
Army Vietnam War Era housing designated as individual NHLs or as
contributing properties to any NHL district. There are no known Army
Vietnam War Era historic housing, associated buildings and structures,
and landscape features that are NHLs, or that qualify for NHL
designation.
7.0. Implementation of the Program Comment
7.1. Effect of the Program Comment
The Program Comment for Army Vietnam War Era housing includes all
privatized and non-privatized Army housing constructed from 1963-1975.
By adhering to the terms of the Program Comment, the Army meets its
responsibilities for compliance with Section 106 of the NHPA for
management actions effecting Army Vietnam War Era housing.
The Army will implement the management actions under the Program
Comment in lieu of conducting any individual project reviews under 36
CFR 800.3-800.7 for Army Vietnam War Era housing. One exception is
under section 5.2.4.3 whereby the Army will follow the resolution of
adverse effect process in 36 CFR 800.6-800.7 and resulting PAs or MOAs
when Vietnam War Era housing properties of particular importance
designated in section 5.2.4.1 are subject to cessation of maintenance
and demolition.
This Program Comment supersedes and replaces any requirements for
Army Vietnam War Era housing in all preceding Section 106 PAs, MOAs, or
Army Alternate Procedures. The Army will implement the Program Comment
in lieu of all PA, MOA, Army Alternate Procedure requirements and
procedures previously applicable to Army Vietnam War Era housing. PAs,
MOAs, or Army Alternate Procedures prepared after ACHP issuance of this
Program Comment will identify this Program Comment and indicate that
the Program Comment meets all Army responsibilities for compliance with
Section 106 of the NHPA for management actions associated with Army
Vietnam War Era housing. PAs, MOAs, Army Alternate Procedures, any
other agreements, procedures, plans, standards, or guidelines shall not
in any way modify, effect, or alter the terms of this Program Comment.
The terms of this Program Comment may only be modified through
amendments made in accordance with Section 9.0 of this Program Comment.
The Army will implement the Program Comment in lieu of any
procedures, development agreements, lease and conveyance documents,
environmental management plans, guidelines, reporting requirements,
Integrated Cultural Resources Management Plans, and all other
documents, standards, procedures, or guidelines pertaining to the
historic preservation of Vietnam War Era housing.
The Army will ensure that RCI housing privatization entities to
which it leases or otherwise coveys Vietnam War Era housing for the
purposes of possession, management, and operation as housing and
associated ancillary purposes follow this Program Comment for all
management actions associated with these properties. This provision
also applies to the reversion of leased or otherwise conveyed Vietnam
War Era housing from a management entity back to the Army, whereby the
Army will follow this Program Comment for all management actions
associated with these properties.
7.2. Duration of the Program Comment
The Program Comment will remain in effect from the date of issuance
by the ACHP through December 31, 2055. This duration serves to
integrate NHPA compliance with the ongoing real property management
requirements in place for privatized Army housing. The duration of the
Program Comment synchronizes with the term of the ground leases that
have been executed with the Army's privatized housing partners under
the RCI program. Upon termination of Army RCI program ground leases,
ownership of all RCI partnership owned improvements including all
housing that is located within the boundaries of the ground lease is
conveyed back to the Army.
The Program Comment will remain in effect from the date of ACHP
issuance through December 31, 2055, unless prior to that time the Army
determines that such comments are no longer needed and notifies the
ACHP in writing, or the ACHP withdraws the Program Comment in
accordance with 36 CFR 800.14(e)(6), or the ACHP amends the Program
Comment to change its duration per Section 9.0. Following withdrawal or
expiration of this Program Comment, the Army will be required to comply
with Section 106 through the process in 36 CFR 800.3-800.7, or an
applicable program alternative under 36 CFR 800.14, for each individual
undertaking formerly covered by this Program Comment.
7.3. Further Historic Property Identification and Evaluation
The Army's Vietnam War Era housing has been extensively identified,
evaluated, and documented by existing information and by information
developed under section 5.0. of this Program Comment. The Army will not
implement any further historic property identification, evaluation, and
mitigation efforts in connection with the management actions covered by
the Program Comment other than those efforts specified as additional
mitigation measures in Section 5.2 of this Program Comment.
Army Vietnam War Era housing areas are the equivalent of suburban
tract housing developments in the private sector. As such, there is
significant prior ground disturbance in Vietnam War Era housing areas
and neighborhoods resulting from the original construction of the
housing including overall grading of the entire housing development
area, housing construction, construction of associated buildings and
structures, road and sidewalk construction, installation of above and
below ground utilities, landscaping, construction of recreational
structures, and subsequent ground disturbing actions that have occurred
after the original construction. Such areas of extensive ground
disturbance associated with housing tract developments are considered
to have a low probability for the presence of NRHP eligible
archeological properties. Therefore, no further efforts to identify or
evaluate archeological properties in Vietnam War Era housing areas and
neighborhoods are required for the implementation of Program Comment
management actions other than those actions identified in section 8.0.
8.0 Treatment of Archeological Properties and Human Remains
Army installation NHPA agency officials including installation
commanders, garrison commanders, or their designees, and installation
cultural resource managers shall ensure that RCI partners, contractors,
and installation staff involved in implementing management actions in
Vietnam War Era housing neighborhoods are provided information
regarding any known undistributed areas within those neighborhoods; the
presence of known archeological properties, Native American or Native
Hawaiian human remains, funerary objects, sacred objects, and cultural
patrimony within those neighborhoods; and the installation's procedures
in the event of discovery of or effects to archeological properties,
human remains, and cultural items. RCI partners, contractors,
installation staff, and others involved in implementing management
actions in Vietnam War Era housing neighborhoods will exercise caution
in
[[Page 28582]]
known undistributed areas; will seek to avoid impacts to known
archeological properties, Native American or Native Hawaiian human
remains and cultural items whenever possible; and will follow the
procedures in 8.1 and 8.2 if such archeological properties, human
remains, or cultural items may be affected by or are discovered during
the implementation of management actions.
8.1. Archeological Properties and Human Remains of Non-Native American
and Non-Native Hawaiian Origin
If a previously known NRHP eligible archeological property will be
adversely affected by a Program Comment management action, mitigation
measures to resolve the adverse effect to that archeological property
will be developed following the procedures in 36 CFR 800.3-800.7, or by
following the archeological property mitigation procedures in an
applicable installation NHPA PA, MOA, or Army Alternate Procedures, as
appropriate. The discovery of a NRHP eligible archeological property or
human remains of non-Native American and non-Native Hawaiian origin
during the implementation of management actions for Vietnam War Era
housing will be addressed following the procedures in 36 CFR 800.13
regarding post review discoveries, or by following the archeological
property discovery procedures in an applicable installation NHPA PA,
MOA, or Army Alternate Procedures, as appropriate. Archeological
properties associated with the Vietnam War Era (1963-1975) located in
Army Vietnam War Era neighborhoods are addressed under this Program
Comment as landscape features.
8.2. Native American and Native Hawaiian Human Remains, Funerary
Objects, Sacred Objects, and Cultural Patrimony
The Army acknowledges that the respectful treatment of Native
American and Native Hawaiian human remains are a paramount concern and
that an appropriate treatment is to protect and preserve Native
American or Native Hawaiian human remains in situ, wherever possible.
If Native American or Native Hawaiian human remains, funerary objects,
sacred objects, and cultural patrimony may be affected by or are
discovered during the implementation of management actions under this
Program Comment, the Army installation agency official will implement
the appropriate statutory provisions of NAGPRA and the regulatory
compliance procedures in 43 CFR 10, a NAGPRA Comprehensive Agreement,
or a NAGPRA Plan of Action, as appropriate.
9.0. Program Comment Amendment and Withdrawal
The ACHP may formally amend this Program Comment after consulting
with the Army and other parties as it deems appropriate.
9.1. Amendment by Chairman, ACHP
The Chairman of the ACHP, after notice to the rest of the ACHP
membership and the Army may amend this Program Comment to extend its
duration. The ACHP will notify the Army and will publish notice in the
Federal Register regarding such amendment within 30 days after their
issuance.
9.2. Amendment by Executive Director, ACHP
The Executive Director of the ACHP, after notice to the ACHP
membership and the Army may amend this Program Comment to adjust due
dates and make corrections of grammatical and typographical errors. The
ACHP will notify the Army and will publish notice in the Federal
Register regarding such amendments within 30 days after their issuance.
9.3. Withdrawal of the Program Comment
If the ACHP determines that consideration of Army Vietnam War Era
housing is not being carried out in a manner consistent with this
Program Comment, the ACHP may withdraw the Program Comment. The
Chairman will notify the Army and will publish notice in the Federal
Register regarding withdrawal of the Program Comment within 30 days of
the decision to withdraw. If this Program Comment is so withdrawn, the
Army shall comply with the requirements of 36 CFR 800.3-800.7, or an
applicable program alternative, for individual undertakings effecting
Army Vietnam War Era housing.
10.0 Appendix
Appendix--Historic Context for Army Vietnam War Era Historic
Housing, Associated Structures, and Landscape Features (1963-1975),
Volume 1 and Volume 2. [see <a href="https://www.denix.osd.mil/army-vwehh-pc/">https://www.denix.osd.mil/army-vwehh-pc/</a>].
11.0 Definitions
The following definitions apply to and are implemented by this
Program Comment:
Abatement means actions to eliminate, lessen, reduce, or remove
hazardous and toxic materials, and unsafe conditions.
Army Vietnam War Era historic housing includes all privatized and
non-privatized housing, with construction started or completed during
the period 1963-1975, that is located on an Army installation or joint
base and owned, operated, and or managed by the Army or by an Army
privatized housing partner including those operating under the RCI
program. The terms housing, Army Vietnam War Era housing, and Vietnam
War Era housing are used interchangeably in the Program Comment and
mean all Army Vietnam War Era historic housing, associated buildings
and structures, landscapes and landscape features, and neighborhoods.
Army Vietnam War Era housing property type means Army Vietnam War
Era housing, associated buildings and structures, landscapes and
landscape features, and Vietnam War Era neighborhoods.
Army Vietnam War Era neighborhood means a geographical area,
district, development, community, subdivision, or locality on an
installation that is characterized by and comprised predominantly of
Army Vietnam War Era housing, associated buildings and structures, and
landscapes and landscape features.
Associated buildings and structures includes detached garages,
carports, storage buildings, above and below ground utilities and
service systems including water, sewage, storm water, gas, and
electrical service systems, tennis courts, pools, buildings and
structures associated with recreational and athletic activities,
playgrounds and playground equipment, all other recreational buildings
and structures, fencing, community centers, shelters, associated
ancillary facilities that support housing, and any and all other
buildings, structures, and objects associated Army Vietnam War Era
housing with or located within Army Vietnam War Era housing
neighborhoods.
Cease or cessation of maintenance means an action to permanently
halt maintenance and repair of housing and/or associated buildings and
structures and landscape features when the property is no longer in a
mission supporting operational status; resources are and will remain
unavailable to maintain, mothball, or demolish the property; and there
is no foreseeable alternative use or intent to bring the property back
to operational status at a future time.
Current industry standard building materials and methods means
modern
[[Page 28583]]
industry standard building materials, methods and techniques that are
currently in use in the construction industry today. It includes
natural, composite, and synthetic building materials; and the designs,
types, techniques, materials, equipment, temporary structures, and
suitable methods to accomplish construction.
Demolition and demolish means complete dismantling and/or
destruction of Army Vietnam War Era housing in its entirety, or partial
demolition to remove exterior portions of the housing when the housing
is found to be either deteriorated, excess to needs, vacant, presents
health and safety hazards, or when replacement with new housing is
necessary to improve the quality of life of military families.
Deteriorated means Army Vietnam War Era housing that is
significantly impaired as to affect the habitability of the housing or
the quality of life of military family occupants.
Excess to needs means housing present on an installation that is
excess to current and foreseeable future needs as indicated by Army
housing market surveys and housing requirements analyses.
Health and safety hazards means housing that has any of the
following conditions: significantly damaged roofs or walls; non-
functional mechanical systems; unsafe common areas such as stairs;
significant rodent, insect, or mold infestations; lead based paint
exposure risks; asbestos exposure risks; risk of exposure to other
chemical or environmental hazards; violations of health and safety
codes and standards; damages due to fire, flooding, or natural
disasters; or other conditions that make the housing unsafe, present
health hazards, or cause the housing to be uninhabitable.
Historic property means buildings, sites, structures, objects, and
districts that are eligible for inclusion or that are included in the
NRHP.
Landscape features and landscapes includes the overall design and
layout of the Vietnam War Era housing neighborhoods and communities
including roadway circulation systems and patterns, plantings and
landscaping, open spaces, playgrounds, recreational landscape features
including but not limited to recreational and athletic fields, golf
courses, fencing, parking areas, signage, site furnishings, parade
grounds, lighting, sidewalks and curbing, driveways, setbacks, all
visual elements and viewsheds into Vietnam War Era historic properties
and neighborhoods and out from Vietnam War Era historic properties and
neighborhoods into other historic properties and districts, any and all
other landscape features present in Vietnam War Era housing and
neighborhoods, and any archeological properties associated with the
Vietnam War Era (1963-1975). The term landscape features as used
throughout the Program Comment is inclusive of all Vietnam War Era
landscapes and landscape features.
Lease, transfer, and conveyance means the execution of lease,
transfer, and conveyance documents for the purposes of lease,
possession, management, operation, and transfer of Vietnam War Era
housing. Includes execution of transfers and conveyances of ground
leases and property ownership between RCI partners, between RCI
partners and the Army; and actions to transfer or convey Vietnam War
Era housing by sale or other means out of Federal governmental
ownership and control and/or out of RCI partner ownership and control
to any other public or private entities.
Maintenance and repair means activities required to maintain the
interior and exterior of housing, mechanical systems, and all interior
and exterior building features, elements, and materials in an
operational state, or to bring them back to operating condition by
repair or replacement of obsolete, broken, damaged, or deteriorated
mechanical systems, features, elements, and materials on housing
interiors or exteriors.
Management actions means maintenance, repair, rehabilitation,
renovation, abatement of hazardous materials, mothballing, cessation of
maintenance, demolition, new construction, lease, transfer, conveyance,
and the use of current readily available industry standard building
materials and methods in the implementation of management actions.
Mechanical systems means heating, ventilation, air conditioning,
plumbing, and electrical systems, and the individual elements and
components of each system.
Mitigation measures means any existing, new, or updated materials
or actions that serve to address, reduce, minimize, or otherwise
mitigate adverse effects on historic properties, and may include
research reports, historical documentation, recordation, and other
materials and activities.
Mothballing means an action to close and deactivate housing and/or
associated buildings and structures for an extended period, with the
intent that the property would be brought back to a mission supporting
operational status at some future time.
New construction or new housing construction means the use of
current industry standard building materials and methods for
construction of new housing, associated buildings and structures, and
landscape features within existing Vietnam War Era housing
neighborhoods. New housing construction usually occurs when there is a
housing deficit determined through local housing market surveys and
installation housing requirements analyses. New housing construction
may include single family homes, duplexes, multiplexes, townhouses,
apartments, and associated buildings, structures, and landscape
features. New construction is restricted to the boundaries of existing
Vietnam War Era housing neighborhoods due to significant prior ground
disturbance in these neighborhoods. Army Vietnam War Era housing
developments, like suburban tract housing developments in the civilian
sector, are considered to have a low probability for the presence of
NRHP eligible archeological properties due to a high degree of prior
ground disturbance from housing and housing-related infrastructure
construction. Prior ground disturbance in Army Vietnam War era
neighborhoods is due to the original neighborhood construction
including overall grading of the entire neighborhood development area,
construction of the Vietnam War era housing itself, construction of
associated buildings and structures, road and sidewalk construction,
installation of above and below ground utilities, landscaping,
construction of recreational areas and structures, and subsequent
ground disturbing actions that have occurred after the original
construction. Appropriate NHPA and NAGPRA procedures will be followed
in accordance with section 8.0 of this Program Comment in the event of
effects to or discovery of Native American or Native Hawaiian human
remains or cultural items, or an NRHP eligible archeological property
or human remains of non-Native American and non-Native Hawaiian origin.
Original historic building materials and historic building
materials means the building materials that were used in the initial
construction of Vietnam War Era housing.
Privatized housing means Army housing that has been privatized
under the Army's Residential Communities Initiative (RCI). The RCI
operates on Army installations through the operation of legal
partnerships between the Army and private sector developers.
[[Page 28584]]
At each installation where RCI housing is located, the Army conveys
ownership of existing housing and leases land to the RCI partnership.
The RCI partnership then operates and manages the conveyed housing and
leased lands for military housing purposes.
Properties of particular importance means Army Vietnam War Era
housing that retains a high degree of integrity, represents
particularly important historical aspects of the Army Vietnam War Era
housing program, and that represent particularly important building
types or methods of construction. To be considered properties of
particular importance Army Vietnam War Era housing must retain original
location, scale, mass, proportion, materials, and ornamentation from
the period of construction.
Public educational materials mean Vietnam War Era housing historic
contexts, reports, and other documentation containing public
information on the history of Vietnam War Era housing.
Quality of life means the general wellbeing and material living
conditions of individuals and military families living in historic
housing.
Rehabilitation means repairs, additions, and other alterations and
modifications to a building that preserve, to the greatest extent
possible, historic building materials, historic building design, and
other historic building features in accordance with Secretary of the
Interior's Standards for the Treatment of Historic Properties (36 CFR
68).
Renovation means improvements to housing using current industry
standard building materials and methods and including any interior and
exterior alterations and modifications; exterior additions that
increase square footage of housing; interior floor plan changes;
actions to improve energy efficiency and climate resiliency; removal
and replacement of out of date, obsolete, damaged, deteriorated, or
defective interior and exterior building materials and elements
including windows and doors; removal and replacement of interior walls,
ceilings, and flooring; removal and replacement of mechanical systems
or elements thereof; and other alterations and modifications that
modernize housing to improve the quality of life of residents.
To the maximum extent practicable means to implement to the extent
feasible or capable of being considered or carried out with reasonable
effort taking into account considerations regarding the financial
implications for housing improvements and new construction and the
benefits those and other management actions have in terms of improving
the quality of life, health, safety of military families.
Undisturbed area(s) means a definable area within an Army Vietnam
War Era neighborhood that has not been altered from its natural
condition by human activities. Undisturbed areas must retain the
natural topography and natural soil horizons existing before any human-
caused influences or changes. Undisturbed areas must have not been
affected to any degree by grading, filling, removal of trees or
vegetation, prior excavation or construction, or any other human-caused
influences or activities.
Vacant means housing that has been unoccupied for six months or
longer and is expected to remain unoccupied into the foreseeable
future.
Viewshed includes all the area visible from a particular location,
viewing point, or series of viewing points. It includes all visual
elements and surrounding points that are in the line of sight from any
location, viewing point, or series of viewing points and excludes all
points and locations that are not visible and/or are obstructed by
terrain, other natural features, man-made features, and points beyond
the horizon.
(End of Document)
Authority: 36 CFR 800.14(e).
Dated: April 28, 2023.
Javier Marqu[eacute]s,
General Counsel.
[FR Doc. 2023-09418 Filed 5-3-23; 8:45 am]
BILLING CODE 4310-K6-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 4, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.