Notice2026-06393
Notice of Amendments to the Program Comment To Avoid Duplicative Reviews for the Wireless Communications Facilities Construction and Modification
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Published
April 2, 2026
Effective
September 30, 2025
Issuing agencies
Advisory Council on Historic Preservation
Abstract
The Advisory Council on Historic Preservation (ACHP) has approved amendments to the Program Comment that set forth the way in which various agencies comply with Section 106 of the National Historic Preservation Act for telecommunications project already subject to Section 106 review by the Federal Communications Commission. The amendments extend the duration of the Program Comment to September 30, 2030 and add the Department of Veterans Affairs.
Full Text
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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Notices]
[Pages 16719-16721]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06393]
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
Notice of Amendments to the Program Comment To Avoid Duplicative
Reviews for the Wireless Communications Facilities Construction and
Modification
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice of Issuance of Amendments to the Program Comment to
Avoid Duplicative Reviews for the Wireless Communications Facilities
Construction and Modification.
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SUMMARY: The Advisory Council on Historic Preservation (ACHP) has
approved amendments to the Program Comment that set forth the way in
which various agencies comply with Section 106 of the National Historic
Preservation Act for telecommunications project already subject to
Section 106 review by the Federal Communications Commission. The
amendments extend the duration of the Program Comment to September 30,
2030 and add the Department of Veterans Affairs.
DATES: The amendments went into effect on September 30, 2025.
ADDRESSES: Address any questions concerning the amendments to Jaime
Loichinger, Office of Federal Agency Programs, Advisory Council on
Historic Preservation, 401 F Street NW, Suite 308, Washington, DC
20001.
FOR FURTHER INFORMATION CONTACT: Jaime Loichinger, (202) 517-0219,
<a href="/cdn-cgi/l/email-protection#68020407010b0001060f0d1a28090b0018460f071e"><span class="__cf_email__" data-cfemail="d1bbbdbeb8b2b9b8bfb6b4a391b0b2b9a1ffb6bea7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 106 of the National Historic
Preservation Act, 54 U.S.C. 306108, 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 at 36 CFR part 800 (Section 106 regulations).
[[Page 16720]]
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 regarding the effects of particular aspects of those
undertakings by taking into account an applicable Program Comment and
following the steps set forth in that comment.
I. Background on Amendments
On October 23, 2009, the ACHP issued the ``Program Comment for
Streamlining Section 106 Review for Wireless Communications Facilities
Construction and Modification Subject to Review Under the FCC
Nationwide Programmatic Agreement and/or the Nationwide Programmatic
Agreement for the Collocation of Wireless Antennas'' (Broadband PC).
The Broadband PC relieves various agencies from conducting duplicative
reviews under Section 106 when those agencies assist a
telecommunications project subject to Section 106 review by the Federal
Communications Commission (FCC). For background on the original
Broadband PC, please refer to 74 FR 60280-60281 (November 20, 2009).
On September 24, 2015, the ACHP approved amendments to the
Broadband PC to extend its duration to September 30, 2020; allow all
components of the Department of Homeland Security (DHS), the Federal
Railroad Administration (FRA), the Federal Transit Authority (FTA), and
the First Responder Network Authority (FirstNet) to use the Broadband
PC; and provide for a monitoring system (80 FR 58744 (September 30,
2015)).
The ACHP approved further amendments to the Broadband PC, effective
July 31, 2020, to allow the Office of Surface Mining Reclamation and
Enforcement in the U.S. Department of the Interior (OSMRE) to use the
Broadband PC and to authorize the Chairman of the ACHP to amend the
Broadband PC to extend its duration and to add new agencies (85 FR
53830 (August 31, 2020)). The 2020 amendments provided that the ACHP
Chairman may amend the Broadband PC's duration or add a federal agency
after (1) notifying the rest of the ACHP membership in writing and not
receiving a ACHP member written objection within 10 calendar days, and
(2) consulting with the FCC, RUS, NTIA, DHS, FRA, FTA, FirstNet, OSMRE,
and other parties as appropriate. If the ACHP Chairman receives an ACHP
member written objection within the 10-day period, the amendment shall
not be issued by the ACHP Chairman alone but may be issued by the ACHP
membership.
In anticipation of the Broadband PC's September 30, 2025 expiration
date, and in accordance with the 2020 amendments, the ACHP staff
consulted with the FCC, RUS, NTIA, DHS, FRA, FTA, FirstNet, and OSMRE
regarding the Broadband PC's implementation and effectiveness. Based on
their feedback, it is clear that the Broadband PC remains a valuable
tool for eliminating duplicative Section 106 reviews for
telecommunications undertakings.
Additionally, on September 4, 2025, the U.S. Department of Veterans
Affairs (VA) notified the ACHP that it wished to be added to the
Broadband PC. The VA routinely proposes to carry out telecommunications
undertakings at its facilities. It was apparent that some of the VA's
proposed undertakings would be subject to the Federal Communications
Commission's (FCC) existing Section 106 Nationwide Programmatic
Agreement and collocation Programmatic Agreement, and that the VA would
benefit from being added to the Broadband PC to avoid duplicative
reviews. This would allow the VA to use the exemptions contained in
those FCC agreements, and streamline review in the future.
The ACHP Vice Chair, fulfilling the duties of the Chairman,
determined that the duration of the Broadband PC should be extended for
an additional five years to September 30, 2030 and that the VA would
benefit from being able to take advantage of the efficiencies available
in the Broadband PC. On September 9, 2025, the ACHP Vice Chair notified
the ACHP membership of the proposed amendments to extend the duration
of the Broadband PC and to add the VA. The ACHP Vice Chair received no
written objections from the ACHP membership, and the proposed
amendments went into effect on September 30, 2025.
II. Text of Broadband PC as Amended
What follows is the current text of the Broadband PC, incorporating
the amendments adopted on September 30, 2025 and previously adopted
amendments:
Program Comment for Streamlining Section 106 Review for Wireless
Communications Facilities Construction and Modification Subject to
Review Under the FCC Nationwide Programmatic Agreement and/or the
Nationwide Programmatic Agreement for the Collocation of Wireless
Antennas (as amended on September 24, 2015, July 31, 2020, and
September 30, 2025).
I. Background
Due to their role in providing financial assistance and/or
carrying out other responsibilities for undertakings that involve
the construction of communications towers and collocation of
communications equipment on existing facilities, the Rural Utilities
Service (RUS), the National Telecommunications and Information
Administration (NTIA), the Department of Homeland Security (DHS),
the Federal Railroad Administration (FRA), the Federal Transit
Administration (FTA), the First Responder Network Authority
(FirstNet), the Office of Surface Mining Reclamation and Enforcement
in the U.S. Department of the Interior (OSMRE), and the U.S.
Department of Veterans Affairs (VA) are required to comply with
Section 106 of the National Historic Preservation Act, 54 U.S.C.
306108, and its implementing regulations at 36 CFR part 800 (Section
106 review) for such undertakings. Some of those communications
towers and antennas are also federal undertakings of the Federal
Communications Commission (FCC), and therefore undergo, or are
exempted from, Section 106 review under the Nationwide Programmatic
Agreement for Review of Effects on Historic Properties for Certain
Undertakings Approved by the FCC (FCC Nationwide PA) and the
Nationwide Programmatic Agreement for the Collocation of Wireless
Antennas, as amended (FCC Collocation PA). The FCC Nationwide PA was
executed by the FCC, the Advisory Council on Historic Preservation
(ACHP), and the National Conference of State Historic Preservation
Officers (NCSHPO) on October 4, 2004. The FCC Collocation PA was
executed by the FCC, ACHP, and NCSHPO on March 16, 2001, and was
amended on August 29, 2016 and July 10, 2020. The undertakings
addressed by the FCC Nationwide PA primarily include the
construction and modification of communications towers. The
undertakings addressed by the FCC Collocation PA include the
collocation of communications equipment on existing structures and
towers.
This Program Comment is intended to streamline Section 106
review of the construction and modification of communications towers
and antennas for which FCC and RUS, NTIA, DHS, FRA, FTA, FirstNet,
OSMRE, or VA share Section 106 responsibility. Such streamlining is
consistent with the broad purpose of the Presidential Memorandum:
Unleashing the Wireless Broadband Revolution dated June 28, 2010,
Executive Order 13616: Accelerating Broadband Infrastructure
Deployment, dated June 14, 2012, and the Presidential Memorandum:
Expanding Broadband Deployment and Adoption by Addressing Regulatory
Barriers and Encouraging Investment and Training, dated March 23,
2015.
The term ``DHS,'' as used in this Program Comment, refers to all
of that agency's operational and support components. For a list of
such components, you may refer to: <a href="http://www.dhs.gov/components-directorates-and-offices">http://www.dhs.gov/components-directorates-and-offices</a>.
Nothing in this Program Comment alters or modifies the FCC
Nationwide PA or the FCC Collocation PA (collectively, the FCC
NPAs),
[[Page 16721]]
or imposes Section 106 responsibilities on the FCC for elements of a
RUS, NTIA, DHS, FRA, FTA, FirstNet, OSMRE, or VA undertaking that
are unrelated to a communications facility within the FCC's
jurisdiction or are beyond the scope of the FCC NPAs.
The Program Comment, as originally issued in October 23, 2009,
only covered RUS, NTIA, and the Federal Emergency Management Agency
(FEMA). Because of the successful implementation of this Program
Comment, as originally issued, the DHS sought to expand its
participation beyond FEMA to all of its components which provide
federal assistance for the construction and modification of
communications towers, and the collocation of communications
equipment on existing structures and towers. Five additional
agencies, the FRA, which supports railroading with funding that may
be used to improve safety and rail infrastructure, the FTA, which
provides financial assistance to eligible applicants to support
public transportation, FirstNet, an independent authority within the
NTIA that was created by Congress in 2012, OSMRE, which supports
reclamation and economic growth for abandoned mine lands, and the
VA, which provides health, education, disability, funerary, and
financial benefits earned by Veterans of the United States Armed
Forces, also wished to become part of Program Comment in order to
benefit from the efficiencies in the timely delivery of their
respective programs.
DHS, FRA, FTA, and OSMRE provide financial assistance to
applicants for various undertakings, including the construction of
communications towers and collocation of communications equipment on
existing facilities. Conversely, FirstNet is the entity responsible
for ensuring the building, deployment, and operation of the
nationwide public safety broadband network, which will likely
include the construction of communications towers and the
collocation of equipment on existing facilities. The VA routinely
implements telecommunications projects at the medical facilities it
operates. DHS, FRA, FTA, FirstNet, OSMRE, and VA must therefore
comply with Section 106 for these undertakings. Some of the
communications towers and collocated communications equipment
assisted by DHS components, FRA, FTA, FirstNet, OSMRE, and VA are
also the FCC's undertakings, and therefore undergo Section 106
review governed by the FCC NPAs.
Accordingly, the ACHP amended this Program Comment on September
24, 2015, to add all DHS components, FRA, FTA and FirstNet to the
list of agencies subject to the terms of the Program Comment along
with RUS, NTIA, and FEMA, and to extend its period of applicability,
which originally would have ended on September 30, 2015. The ACHP
amended this Program Comment on July 31, 2020, to add OSMRE to the
list of agencies subject to the terms of the Program Comment. The
ACHP subsequently amended this Program Comment on September 30,
2025, to add VA to the list of agencies subject to the terms of the
Program Comment and to further extend its period of applicability,
which would have ended on September 30, 2025.
II. Establishment and Authority
This Program Comment was originally issued by the ACHP on
October 23, 2009 pursuant to 36 CFR 800.14(e), and was subsequently
amended, effective on September 24, 2015, July 31, 2020, and
September 30, 2025, pursuant to its Stipulation VI.
III. Date of Effect
This Program Comment, as originally issued, went into effect on
October 23, 2009. It was subsequently amended to its current version
on September 24, 2015, July 31, 2020, and September 30, 2025,
effective on those dates respectively.
IV. Use of This Program Comment To Comply With Section 106 for the
Effects of Facilities Construction or Modification Reviewed Under the
FCC Nationwide PA and/or the FCC Collocation PA
RUS, NTIA, DHS, FRA, FTA, FirstNet, OSMRE, and VA will not need
to comply with Section 106 with regard to the effects of
communications facilities construction or modification that has
either undergone or will undergo Section 106 review, or is exempt
from Section 106 review, by the FCC under the FCC Nationwide PA and/
or the FCC Collocation PA. For purposes of this Program Comment,
review under the FCC Nationwide PA means the historic preservation
review that is necessary to complete the FCC's Section 106
responsibility for an undertaking that is subject to the FCC
Nationwide PA.
When an RUS, NTIA, DHS, FRA, FTA, FirstNet, OSMRE, or VA
undertaking includes both communications facilities construction or
modification components that are covered by the FCC Nationwide PA or
Collocation PA and components other than such communications
facilities construction or modification, RUS, NTIA, DHS, FRA, FTA,
FirstNet, OSMRE, or VA, as applicable, will comply with Section 106
in accordance with the process set forth at 36 CFR 800.3 through
800.7, or 36 CFR 800.8(c), or another applicable alternate procedure
under 36 CFR 800.14, for the components other than communications
facilities construction or modification. However, RUS, NTIA, DHS,
FRA, FTA, FirstNet, OSMRE, or VA will not have to consider the
effects of the communications facilities construction or
modification component of the undertaking on historic properties.
Whenever RUS, NTIA, DHS, FRA, FTA, FirstNet, OSMRE, or VA uses
this Program Comment for such undertakings, RUS, NTIA, DHS, FRA,
FTA, FirstNet, OSMRE, or VA will apprise the relevant State Historic
Preservation Officer (SHPO) or Tribal Historic Preservation Officer
(THPO) of the use of this Program Comment for the relevant
communications facilities construction or modification component.
V. Reporting
No later than March 1, 2016, the FCC, RUS, NTIA, DHS, FRA, FTA,
and FirstNet, and in the case of OSMRE no later than February 1,
2021, and in the case of VA no later than April 1, 2026, will inform
the ACHP as to the reporting system that they will utilize to
collectively provide annual reports to the ACHP. The intent of the
annual reports will be to enable the monitoring of the use of the
Program Comment.
VI. Amendment
The terms of this Program Comment may be amended by the ACHP
membership after the ACHP consults with FCC, RUS, NTIA, DHS, FRA,
FTA, FirstNet, OSMRE, VA, and other parties, as appropriate. Such
amendments will then be published in the Federal Register.
However, terms of this Program Comment that solely affect its
duration or add a Federal agency to it may be amended by the
Chairman of the ACHP after notifying the rest of the ACHP membership
in writing and not receiving a written objection therefrom within 10
calendar days, and consulting the FCC, RUS, NTIA, DHS, FRA, FTA,
FirstNet, OSMRE, VA, and other parties as appropriate. Such
amendments will then be published in the Federal Register. If the
ACHP Chairman receives an ACHP member written objection within the
10-day period, the amendment shall not be issued by the ACHP
Chairman alone but may be issued by the ACHP membership.
Any Federal agency that wishes to take advantage of this Program
Comment may notify the ACHP to that effect. An amendment, as set
forth above, is needed in order to add such an agency to this
Program Comment.
VII. Sunset Clause
This Program Comment will terminate on September 30, 2030,
unless it is amended to extend the period in which it is in effect.
The ACHP may extend the Program Comment for additional five-year
increments beyond 2030 through an amendment per Stipulation VI of
this Program Comment.
VIII. Termination
The ACHP may terminate this Program Comment, pursuant to 36 CFR
800.14(e)(6), by publication of a notice in the Federal Register
thirty (30) days before the termination takes effect.
(END OF DOCUMENT)
Authority: 36 CFR 800.14(e).
Dated: March 31, 2026.
Kelly Fanizzo,
General Counsel.
[FR Doc. 2026-06393 Filed 4-1-26; 8:45 am]
BILLING CODE 4310-K6-P
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