Notice2026-08674
Notice of Issuance of the Department of the Army Program Comment for Army Warfighting Readiness and Associated Infrastructure
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 5, 2026
Effective
April 3, 2026
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 how the Army may comply with Section 106 of the National Historic Preservation Act on Army installations for its warfighting readiness activities and associated infrastructure, including: training, testing, equipping, and industrial activities and management actions on associated infrastructure.
Full Text
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<title>Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026)</title>
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[Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)]
[Notices]
[Pages 24249-24259]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08674]
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
Notice of Issuance of the Department of the Army Program Comment
for Army Warfighting Readiness and Associated Infrastructure
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice of issuance of the Department of the Army Program
Comment for Army Warfighting Readiness and Associated Infrastructure.
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SUMMARY: The Advisory Council on Historic Preservation has issued a
program comment for the U.S. Department of the Army that sets forth how
the Army may comply with Section 106 of the National Historic
Preservation Act on Army installations for its warfighting readiness
activities and associated infrastructure, including: training, testing,
equipping, and industrial activities and management actions on
associated infrastructure.
DATES: The Program Comment went into effect on April 3, 2026.
ADDRESSES: Address any questions concerning the Program Comment to
Jaime Loichinger, 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#68020407010b0001060f0d1a28090b0018460f071e"><span class="__cf_email__" data-cfemail="3b51575452585352555c5e497b5a58534b155c544d">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Jaime Loichinger, (202) 517-0219,
<a href="/cdn-cgi/l/email-protection#d8b2b4b7b1bbb0b1b6bfbdaa98b9bbb0a8f6bfb7ae"><span class="__cf_email__" data-cfemail="aec4c2c1c7cdc6c7c0c9cbdceecfcdc6de80c9c1d8">[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 at 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 considering 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 training, testing, equipping, and industrial activities as well as
management actions related to its inventory of properties across 135
Army installations. Actions covered by the program comment would
include military maneuvers and exercises; military weapons and materiel
testing on ranges and in facilities; research, development, testing,
evaluation, manufacturing, storing, maintaining, shipping, and
disposing of materiel; and maintenance, repair, rehabilitation,
renovation, abatement of hazardous materials, mothballing, cessation of
maintenance, demolition, new construction, lease, transfer, or
conveyance as management actions. These actions present a potential for
adverse effects to historic properties.
The ACHP issued the Program Comment for Army Warfighting Readiness
and Associated Infrastructure (Program Comment) on April 3, 2026. The
Section 106 regulations require that the Program Comment be published
in the Federal Register. This Federal Register notice fulfills the
Army's notification requirement at 36 CFR 800.14(e)(5)(i).
I. Need for the Program Comment
The Army's warfighting readiness mission is defined by 10 U.S.C.
7062. This Program Comment supports the statutory military readiness
mission. It accelerates and improves Section 106 compliance for Army
warfighting readiness and associated infrastructure by using defined
standards and procedures to ensure predictable outcomes. The Program
Comment also enables Army-wide warfighting readiness while balancing
Section 106 historic preservation requirements. It allows the Army to
manage its portfolio of historic properties effectively while ensuring
it can adapt its infrastructure to meet modern defense challenges and
execute warfighting readiness activities at mission speed.
[[Page 24250]]
II. Overview
The Army has 250 years of experience designing, building,
operating, and maintaining military infrastructure. Since its origins
as the Continental Army in 1775, the Army has designed and constructed
a broad portfolio of real property assets. The Army has an
infrastructure of 14 million acres and 135 installations with over
390,000 buildings and structures exceeding one billion square feet,
designed, built, and managed by the Army for warfighting readiness
purposes. Since 1866, the Army's construction of buildings has relied
on standardized Army-wide plans and designs, resulting in nearly
identical historic building types and installation designs nationwide,
which are often subject to recurring management actions. The Army
currently manages over 200,000 properties (122,000 buildings and
structures and 84,000 archaeological sites). With the Army's large and
aging inventory of buildings and archaeological sites continually being
discovered, the number of Army properties that may be subject to
Section 106 review is projected to exceed 500,000 in the near future.
The Program Comment utilizes the military landscape as the
nationwide analytical framework for management of Army historic
properties. The military landscape is composed of two primary
components--built infrastructure and natural infrastructure--
collectively termed associated infrastructure. The military landscape
framework supports consistent and context-sensitive decision making on
all Army installations. The Program Comment implements this approach
through a tiered system that aligns with the Army's historic property
portfolio:
<bullet> Tier 1--National Historic Landmarks (NHLs);
<bullet> Tier 2--Properties of Traditional Religious and Cultural
Importance (PTRCI);
<bullet> Tier 3--Pre-1941 Built Infrastructure (Non-NHL)/
Archaeological Sites and Districts (Non-PTRCI); and
<bullet> Tier 4--WWII and Cold War Era Built Infrastructure (1941-
1989) (Non-NHL).
The Program Comment establishes management review procedures based
on these tiered property types.
III. Consultation on the Program Comment
The Army submitted its request for the Program Comment to the ACHP
on December 18, 2025. 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.
Upon receipt of the Army's request and in accordance with 36 CFR
800.14(e)(2),(3), and (4), the ACHP conducted consultation with SHPOs,
Tribal Historic Preservation Officers (THPOs), Tribes, and NHOs and
provided for public participation.
During the ACHP's consultation in January 2026, 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 seven Tribal nations
represented. Additionally, the ACHP conducted two (2) SHPO meetings
with a total of 22 states represented in addition to the National
Conference of State Historic Preservation Officers (NCSHPO). Thirty-
five written comments were received. During consultation, the ACHP
received comments and questions regarding the Program Comment's scope
and applicability, its effect on existing Section 106 agreements, and
its processes for identifying historic properties, assessing effects to
them, and resolving adverse effects.
Regarding the Program Comment's scope and applicability, comments
were received that the category of undertakings subject to the Program
Comment's terms were overbroad and undefined. Comments also questioned
the Program Comment's application on lands not managed by the Army.
Commenters also requested that the provision terminating existing
Section 106 Memoranda of Agreement (MOAs), Programmatic Agreements
(PAs), and Army Alternate Procedures (AAPs) be removed, and noted that
Section 106 agreements must be terminated in accordance with the
relevant termination processes. Comments regarding identification,
assessment and resolution efforts generally requested additional
consultation with consulting parties and raised concerns with the use
of standard mitigation processes for resolving adverse effects to
historic properties.
The Army's request for the Program Comment was considered by ACHP
membership during the February 12, 2026, ACHP business meeting. Members
voted in favor of requesting the Army consent to providing an
additional 45 days for the ACHP to take action on its request. The Army
provided the additional time, requiring ACHP member action by April 3,
2026.
ACHP staff worked with the Army to address the outstanding comments
and concerns from the Members and ACHP staff. The Army added language
limiting the Program Comment's application to Army installations, and
further defined the category of undertakings subject to the Program
Comment's terms. The Program Comment was revised to acknowledge that it
is an optional compliance tool, and that existing Section 106
agreements would have to be terminated in accordance with their own
provisions. The Army also added detail regarding the processes it would
follow to consult with Tribes and incorporate Indigenous Knowledge, and
to notify SHPOs, Tribes, and the ACHP on post-review discoveries.
Revisions were also made to identify the process by which the Program
Comment could be amended and to include an expiration date of December
31, 2055.
V. More Information
For further information on the Program Comment and its appendices,
see <a href="https://www.denix.osd.mil/army-pcwr/">https://www.denix.osd.mil/army-pcwr/</a>.
VI. Text of the Program Comment
Due to their length, the appendices of the issued Program Comment
are not reproduced here. A copy of the full Program Comment with its
appendices, and related information, can be found at <a href="https://www.denix.osd.mil/army-pcwr/">https://www.denix.osd.mil/army-pcwr/</a>. The Program Comment for Army Warfighting
Readiness and Associated Infrastructure with appendices is the document
linked as ``Program Comment Army Readiness.''
What follows is the text of the issued Program Comment, minus its
appendices:
Program Comment for Department of the Army Warfighting Readiness and
Associated Infrastructure
1.0. Introduction
1.1. Authority
Section 106 of the National Historic Preservation Act, 54 U.S.C.
306108 (Section 106 and NHPA), requires Federal agencies to consider
the effects of their undertakings on historic properties, and afford
the Advisory Council on Historic Preservation (ACHP) a reasonable
opportunity to comment with regard to such undertakings. The ACHP
has issued regulations that set forth the process through which
Federal agencies comply with their statutory responsibilities. Those
regulations are codified under 36 CFR part 800 (Section 106
regulations).
A Section 106 undertaking is defined in 36 CFR 800.16 as a
project, activity, or program funded in whole or in part under the
direct or indirect jurisdiction of a Federal agency,
[[Page 24251]]
including those carried out by or on behalf of a Federal agency;
those carried out with Federal financial assistance; and those
requiring a Federal permit, license or approval. Under 36 CFR
800.14(e), Federal agencies can request the ACHP provide a ``program
comment'' on a ``category of undertakings'' and, once provided, the
agency operates under the program comment ``in lieu of'' conducting
individual reviews of such undertakings under 36 CFR 800.3 to 800.7.
The category of undertakings addressed under this program comment is
Department of the Army (Army) warfighting readiness activities and
management actions on associated infrastructure proposed to take
place on Army installations across the country.
A Federal agency can meet its Section 106 responsibilities by
following the process set forth in an applicable program comment.
The Army developed and requested the ACHP provide this Program
Comment for Army Warfighting Readiness and Associated Infrastructure
to better support Army warfighting readiness.
1.2. Rationale
The Army's warfighting readiness mission is defined by 10 U.S.C.
7062. This program comment directly supports the statutory military
readiness mission. It accelerates and improves Section 106
compliance for Army warfighting readiness and associated
infrastructure by reducing bureaucracy, optimizing resources, and
using defined standards and procedures to ensure predictable
outcomes. It is an at scale solution that enables Army-wide
warfighting readiness while balancing NHPA Section 106 historic
preservation requirements.
Program comments operate on two key principles: (1) they apply
to a category of undertakings that in this case are warfighting
readiness activities and management actions on associated
infrastructure; and (2) they operate in lieu of 36 CFR 800.3-800.7,
meaning program comment procedures replace the project-by-project
review procedures in the regulation. A benefit of program comments
is that they allow a federal agency to comply with Section 106 in a
tailored, consistent way for an agency-wide category of undertakings
rather than addressing each undertaking individually through
project-by-project review. Program comments enable a federal
agency's headquarters to establish a broader, more holistic agency-
wide approach to Section 106 compliance than is possible at the
local level.\i\
The Army has 250 years of experience designing, building,
operating, and maintaining military infrastructure. Since its
origins as the Continental Army in 1775, the Army has designed and
constructed an enormous portfolio of real property assets. The Army
has a sprawling infrastructure of 14 million acres and 135
installations with over 390,000 buildings and structures exceeding
one billion square feet, designed, built, and managed by the Army
for warfighting readiness purposes. Since 1866, the Army's
construction of buildings has relied on standardized Army-wide plans
and designs, resulting in nearly identical historic building types
and installation designs nationwide,\ii\ which are subject to many
recurring management actions. Program comments are designed for
federal agencies like the Army, that have repetitive management
actions affecting a large inventory of similar types of historic
properties and for agencies with programs that generate many similar
undertakings.\iii\
The Army currently manages over 200,000 properties subject to
Section 106 review (122,000 buildings and structures and 84,000
archaeological sites). With the Army's large and aging inventory of
buildings and new archaeological sites continually being discovered,
the number of Army properties subject to Section 106 review is
projected to exceed 500,000 in the near future. This situation is
compounded by a complex and inconsistent regulatory environment
driven by 115 different Army installation-level Section 106
compliance agreements with State Historic Preservation Offices
(SHPOs), the ACHP, and others. Under these agreements, project-by-
project reviews occur for actions having no adverse effects,
standardized Army-wide property types are treated inconsistently
across states and installations, and military infrastructure is
often required to meet highly restrictive, high-cost museum-level
historic preservation standards that impact the economic viability
of projects.\iv\ A recent ACHP Chairman's report titled ``Report and
Recommendations on the Application of Federal Historic Preservation
Standards'' documents the inconsistent application of overly
restrictive historic preservation standards and similar economic
impacts.\v\
This program comment provides a strategic, at scale Army-wide
solution to its Section 106 compliance challenge. It provides the
Army with a standardized framework ensuring that appropriate
preservation standards are applied consistently across all Army
installations. This is a proven strategy for the Army's built
infrastructure. The same approach has been successfully implemented
under four other ACHP-approved program comments covering the Army's
30,000 historic homes, providing a clear proof of concept for Army
built infrastructure.\vi\ This program comment recognizes that
historic Army housing and associated built infrastructure were
planned and developed in a coordinated manner during the same time
periods. Under this program comment, they are now treated in the
same consistent manner for Section 106 compliance purposes.
This program comment details the specific category of Army
undertakings, specifies their likely effects on historic properties,
and outlines the steps the Army takes to ensure those effects are
considered. Critically, all substantive on-the-ground Army historic
preservation activities continue under this program comment. The
Army continues its historic preservation efforts including historic
property inventory, evaluation, assessment, and treatment activities
but through a standardized system that aligns with the nature of the
Army's historic property portfolio and Army mission requirements.
This program comment approach allows the Army to manage its vast
portfolio of historic properties more effectively while ensuring it
can adapt its infrastructure to meet modern defense challenges and
execute warfighting readiness activities at mission speed.
1.3. Overview
This program comment implements the military landscape as the
nationwide analytical framework for management of Army historic
properties. The military landscape is composed of two primary
components--built infrastructure and natural infrastructure--
collectively termed associated infrastructure. The military
landscape framework supports more consistent and context sensitive
decision making on all Army installations. This program comment
implements this approach through a tiered system that aligns with
the Army's historic property portfolio:
<bullet> Tier 1--National Historic Landmarks (NHLs): The Army's
20 NHLs are subject to a higher standard of care if they are
directly and adversely affected by an undertaking. For actions that
may adversely affect NHLs, Army Secretariat-level project-by-project
consultation with the ACHP and National Park Service (NPS) occurs to
minimize harm and inform mitigation measures.
<bullet> Tier 2--Properties of Traditional Religious and
Cultural Importance (PTRCI): Tier 2 properties are subject to higher
standard of care. Proactive and project-by-project consultations are
conducted by installations with Federally recognized Tribes and
Native Hawaiian Organizations (NHOs) for actions to identify,
evaluate, and treat PTRCI.
<bullet> Tier 3--Pre-1941 Built Infrastructure (Non-NHL)/
Archaeological Sites and Districts (Non-PTRCI): Program comment
procedures and guidelines are implemented internally by
installations in coordination with Army commands for actions
affecting non-NHL pre-1941 built infrastructure and non-PTRCI
archaeological sites and districts.
<bullet> Tier 4--WWII and Cold War Era Built Infrastructure
(1941-1989) (Non-NHL): Adverse effects from the covered undertakings
to Tier 4 properties have been addressed by extensive mitigative
documentation and by the physical preservation of period NHL
properties.
2.0. Program Comment Goal, Category of Undertakings, and Effect
2.1. Goal
The goal of this program comment is to obtain programmatic
compliance with Section 106 for the Army's warfighting readiness
activities and management actions on associated infrastructure on
Army installations by means of this program alternative under 36 CFR
800.14(e). This program comment establishes nationwide consistency
and accelerates Section 106 compliance for Army warfighting
readiness activities and associated infrastructure.
2.2. Category of Undertakings
The category of undertakings addressed by this program comment
is Army warfighting readiness activities and management actions on
associated infrastructure on Army installations. The warfighting
readiness
[[Page 24252]]
category of undertakings are detailed in Appendix A. Associated
infrastructure is detailed in Appendix B, management actions that
may affect associated infrastructure are also detailed in Appendix
B.
2.3. Effect
The category of undertakings addressed by this program comment
may adversely affect historic properties through ground disturbing
activities and by management actions occurring on associated
infrastructure. Adverse effects will be avoided whenever possible,
and where avoidance may not be possible, adverse effects will be
resolved through minimization and mitigative measures in accordance
with this program comment.
3.0 Program Comment Operating Principles
This program comment applies a tiered historic property
management system that tailors management to the nature of the
Army's historic property portfolio.
This program comment recognizes that Army installations in their
entirety may be considered bounded, defined military landscapes.
Military landscapes serve as the nationwide analytical framework for
management of Army historic properties.
This program comment recognizes that the Army's historical use
of standardized construction plans has resulted in nearly identical
historic building types and installation designs nationwide, which
are subject to recurring management actions.
This program comment recognizes the historical and developmental
connection between Army housing and other built infrastructure on
installations. ACHP approved program comment guidelines applicable
to the Army's pre-1941 historic housing will be applied to the
Army's pre- 1941 built infrastructure (see Appendices C and D) via
the terms of this program comment.
This program comment recognizes that Army installations, through
consultation with Federally recognized Tribes and NHOs, will
consider Indigenous Knowledge and the significance that Federally
recognized Tribes and NHOs ascribe to PTRCI.
This program comment does not affect or in any way alter the
Army's responsibilities under applicable Treaties, the Native
American Graves Protection and Repatriation Act, American Indian
Religious Freedom Act, or Executive Order 13007 Indian Sacred Sites,
or any requirements other than those of the NHPA.
This program comment is supported by comprehensive documentation
of World War II and Cold War era (1941-1989) historic properties
prepared by the Army and Department of War.\vii\
This program comment recognizes that the comprehensive
documentation of World War II and the Cold War era historic
properties and the physical preservation of Army World War II and
the Cold War NHLs constitute mitigation addressing the adverse
effects of warfighting readiness activities and management actions
on non-NHL historic properties from the WWII and Cold War eras
(1941-1989).
The Army will apply the Secretary of the Interior's Standards
for Rehabilitation to pre-1941 buildings through the procedures and
guidelines of this program comment. The Army will utilize substitute
building materials when historic building materials and in-kind
building materials are not economically or technically feasible. The
Army intends that most substitute building materials will be
reversible and can be replaced with in-kind building materials at
any time.
As specified below, this program comment recognizes the inherent
danger and unlikely prospect of identifying intact historic
properties safely in areas on Army installations where there are
human health and safety hazards including areas containing
unexploded ordnance (UXO) such as impact areas and surface danger
zones, and any contaminated land areas and contaminated properties.
This program comment identifies National Mitigation Areas that
preserve a broad range of historic property types and recognizes the
Army's statement that National Mitigation Areas are an enduring
compensatory mitigation for adverse effects to historic properties.
4.0 Implementation of the Program Comment
4.1. The Military Landscape
This program comment implements the military landscape as the
nationwide analytical framework for managing historic properties in
the context of the Army's warfighting readiness activities.
Installation military landscapes are a unique and dynamic nationwide
asset; they are the only landscapes in the U.S. that have
historically been and continue to be actively shaped by military
warfighting readiness missions and activities.
Unlike static historic military sites such as battlefields or
military memorials, installation military landscapes are the living,
evolving manifestation of the Army's past and present warfighting
readiness activities. Each Army installation in its entirety is a
military landscape characterized by the following defining features:
<bullet> A landscape defined by restricted access, controlled
entry/exit points, and defined borders.
<bullet> Warfighting readiness activities are the fundamental
factor influencing the landscape and associated infrastructure
development.
<bullet> The siting and layout of installations directly relates
to the evolution of the military mission over time.
<bullet> A high degree of similarity in basic military
components, standardized building designs and overall layout within
and between installations.
<bullet> Pre-military historic properties embedded within the
military landscape.
The military landscape is composed of two primary components--
built infrastructure and natural infrastructure--collectively termed
associated infrastructure. Built infrastructure includes the
buildings and structures under Army Real Property Category Codes 1-
8. Natural infrastructure is under Army Real Property Category Code
9 and incorporates all Army installation lands (see Appendices A and
B).
The military landscape analytical framework recognizes that each
Army installation is a continuously evolving military landscape.
Army military landscapes are defined by ongoing infrastructure
change and modification in response to the changing demands of the
Army's warfighting readiness mission. Changes in military doctrine,
training methods, and weapons technology trigger a constant process
of adaptation, including new construction, demolition, reuse, and
the physical expansion and contraction of installations. The
military landscape is a cohesive and dynamic setting, continually
shaped and defined by the military readiness mission.
Recognizing the dynamic nature of warfighting readiness
activities and their role in creating and maintaining the
installation military landscape is fundamental for historic property
management in this setting. Installation military landscapes are
created and maintained by the continuous execution of warfighting
readiness activities. Warfighting readiness activity-related
physical changes to the setting of historic properties and visual,
atmospheric, and audible elements related to warfighting readiness
activities are features of the military landscape that may
contribute to the significance of historic properties within that
setting.
The installation military landscape is also where warfighting
readiness activities and the management of pre-military historic
properties intersect. Pre-military historic properties have their
own intrinsic non-military significance. Some of those properties,
such as archaeological sites and PTRCI, may have significance that
predates military use and may continue to have significance
independent of military use. The military landscape contextualizes
management of such pre-military historic properties. Pre-military
historic properties located within the military landscape setting
require a dual management approach by installations that addresses
both their intrinsic historic significance, and their place within
the operational military landscape setting.
4.2. Historic Property Management Procedures
4.2.1. General
For warfighting readiness activities and management actions on
associated infrastructure on Army installations, the identification,
evaluation, assessment of effect, monitoring, and mitigation of
adverse effects to historic properties may occur under the
procedures in this program comment in lieu of individual project-by-
project reviews under 36 CFR 800.3-800.7.
The Army will define the area of potential effects of covered
undertakings and will identify historic properties within the area
of potential effects. The Army will evaluate identified properties
for eligibility for inclusion in the National Register of Historic
Places under the applicable National Register criteria. The Army
will assess the effects of covered undertakings on historic
properties and identify appropriate treatment measures where there
are adverse effects. Due to the passage of time, changing
perceptions of
[[Page 24253]]
significance, or incomplete prior evaluations, reevaluation may be
needed for properties previously determined eligible or ineligible
for inclusion in the National Register of Historic Places. For
certain covered undertakings, the review process will occur
internally within the Army and as described below, with identified
exceptions where outside consultation will occur.
4.2.2. Professional Standards and Qualifications
The Army will conduct all work on historic properties in
accordance with the Secretary of the Interior's Standards and
Guidelines for Archeology and Historic Preservation.\viii\ This work
will be supervised by individuals meeting the applicable Secretary
of the Interior's Professional Qualification Standards.\ix\
Installations satisfy the supervision requirement either by using
their own qualified staff, or by securing support through a contract
or other service agreement with a firm or organization having
qualified personnel that supervise the work on historic properties.
For all covered undertakings, any efforts pertaining to
identification, evaluation and mitigation of PTRCI will be conducted
in consultation with the appropriate Federally recognized Tribes or
NHOs to ensure those efforts are informed by Indigenous Knowledge.
4.2.3. Management of Tier 1 Properties--Army NHLs
NHLs are Tier 1 properties under this program comment. NHLs are
designated by the Secretary of the Interior under the authority of
the Historic Sites Act of 1935. The Army will treat NHLs with a
higher standard of care that includes planning to minimize harm to
NHLs when they may be adversely affected by a covered undertaking.
The Army Federal Preservation Officer (FPO) will conduct project-by-
project consultation with the ACHP and NPS when NHLs may be directly
and adversely affected by an undertaking.
There are 20 designated NHLs located on Army installations,
including both individual NHL properties and NHL districts. The
Army's NHLs were constructed by the Army and continue to serve the
Army's national defense mission.\x\
<bullet> Ladd Field NHL District, Fort Wainwright, AK
<bullet> Fort Huachuca NHL District, Fort Huachuca, AZ
<bullet> Pioneer Deep Space Station, Fort Irwin, CA \xi\
<bullet> National War College, Fort McNair, DC
<bullet> Yuchi Town Archaeological Site, Fort Benning, GA
<bullet> Palm Circle NHL District, Fort Shafter, HI
<bullet> Wheeler Field NHL District, Schofield Barracks, HI
<bullet> Fort Des Moines NHL District, Des Moines, IA (Army is only
responsible for specific contributing buildings)
<bullet> Rock Island Arsenal NHL District, Rock Island Arsenal, IL
<bullet> Fort Leavenworth NHL District, Fort Leavenworth, KS
<bullet> Launch Complex 33, White Sands Missile Range, NM
<bullet> Trinity Site, White Sands Missile Range, NM
<bullet> Watervliet Arsenal NHL District, Watervliet Arsenal, NY
<bullet> West Point NHL District, US Military Academy, West Point,
NY
<bullet> Fort Sill NHL District, Fort Sill, OK
<bullet> Carlisle Indian School NHL District, Carlisle Barracks, PA
<bullet> Fort Douglas NHL District, Salt Lake City, UT (transfer out
of Army ownership is currently underway and once completed this will
no longer be an Army NHL)
<bullet> Fort Myer NHL District, Fort Myer, VA
<bullet> Quarters 1, Fort Myer, VA
<bullet> Opana Radar Site, Kahuku Training Area, HI
NHPA Section 306107 ``Planning and actions to minimize harm to
National Historic Landmarks'' states that prior to the approval of
any undertaking that may directly and adversely affect an NHL,
federal agencies will to the maximum extent possible undertake
planning and actions as may be necessary to minimize harm to the
landmark. The Federal agency also affords the ACHP a reasonable
opportunity to comment regarding the adverse effect undertaking.
Further, 36 CFR 800.10 requires the agency to notify the Secretary
of the Interior/NPS and invite them to participate in consultation
where there may be an adverse effect.
The Secretary of the Interior's Standards and Guidelines for
Federal Agency Historic Preservation Programs (63 FR 20496, April
24, 1998) provide agencies with implementing guidelines for NHPA
Section 306107. Per the Secretary's Guideline at 4(k) pertaining to
NHLs, when alternatives to avoid an adverse effect to NHLs appear to
require undue cost or compromise the undertaking's goals and
objectives, the agency will balance those goals and objectives with
the intent of Section 306107 of the NHPA.
Army installations seek to avoid adverse effects to NHLs to the
maximum extent possible. Where adverse effects to NHLs are
unavoidable, installations and commands prepare and submit a
treatment plan for the adversely effected NHL through their chain of
command to the Army FPO. The NHL treatment plan will indicate why
the adverse effect is unavoidable and identify the appropriate
mitigation measure identified in this program comment to minimize
harm to the NHL.
The Army FPO will notify and invite the ACHP and NPS to
participate in a thirty (30) calendar day consultation to address
adverse effects to NHLs. The Army FPO will consider written comments
from the ACHP and NPS and may require installations and commands to
revise NHL treatment plans in consideration of the views provided by
the ACHP and NPS. Prior to taking any action that adversely affects
an NHL, the command and installation will receive the FPO's written
endorsement of the NHL treatment plan. The Army FPO will make the
approved treatment plan available to the ACHP and NPS for
informational purposes.
4.2.4. Management of Tier 2 Properties--Properties of Traditional
Religious and Cultural Importance
The relationship between the Army and Federally recognized
Tribes is a government-to-government relationship founded on the
principle of tribal sovereignty. This unique relationship between
Federally recognized Tribes and the Army transcends the requirements
of the NHPA. The Army also has respectful consultative relationships
with NHOs. Through these relationships, the Army will address the
significance that Tribes and NHOs attribute to PTRCI.
Indigenous Knowledge is a unique and valuable form of expertise
not held by the Army, ACHP, NPS, SHPOs, or anyone other than Indian
Tribes and NHOs. Indigenous Knowledge is essential for the
identification and management of PTRCI. The Army will seek and
incorporate Indigenous Knowledge from Federally recognized Tribes
and NHOs when identifying and considering the effects of its actions
on PTRCI. Installations will assess how actions under this program
comment may affect such properties, considering the cultural values
and beliefs associated with those properties.
PTRCI are Tier 2 properties subject to a higher standard of
care. Prior to planning covered undertakings, installations will
proactively consult with Federally recognized Tribes and NHOs to
identify locations of PTRCI on Army installations for the purposes
of avoiding adverse effects to such properties. Installations may,
subject to the availability of funds, reimburse travel expenses for
members of Federally recognized Tribes and NHOs when consulting and
seeking such Indigenous Knowledge regarding PTRCI. Archaeological
sites and other properties associated with Federally recognized
Tribes or NHOs are presumptively treated as potential PTRCI, subject
to further consultation with the respective Tribes or NHOs. The Army
will avoid adverse effects to PTRCI to the maximum extent possible.
If a proposed warfighting readiness activity may have an
unavoidable adverse effect on a PTRCI, installations will engage in
a sixty (60) day consultation period with the affected Federally
recognized Tribes or NHOs to inform the development of a treatment
plan with appropriate mitigation measures. The recommendations
provided by the Federally recognized Tribes or NHOs will be a
primary consideration in preparing the treatment plan. If the
recommended mitigation is not technically or financially feasible,
the installation will work with the affected Federally recognized
Tribes or NHOs to develop a feasible or an alternative mitigation
measure.
Following the sixty-day consultation period, the Army may
proceed with the undertaking in a manner that allows for the
completion of the mitigation measures outlined in the approved
treatment plan. Army installations may afford additional time for
Federally recognized Tribes or NHOs to provide their views on the
proposed mitigation if there are significant extenuating
circumstances and there are no major impacts to the timing and cost
of the undertaking.
[[Page 24254]]
The confidentiality of any sensitive site information,
Indigenous Knowledge, and other culturally sensitive information
provided by Federally recognized Tribes and NHOs should be
protected.
Reports prepared for PTRCI will protect the confidentiality of
sensitive information to the maximum extent possible under
applicable authorities. Reports addressing the mitigation of PTRCI
will be provided to the Federally recognized Tribes or NHOs that
attach significance to those properties.
4.2.5. Management of Tier 3 Properties--Non-NHL Pre-1941 Built
Infrastructure and Non-PTRCI Archaeological Sites and Archaeological
Districts
This program comment recognizes that the Army possesses the
equivalent professional expertise and access to information as
SHPOs, NPS, and ACHP regarding pre-1941 built infrastructure and
non-PTRCI archaeological sites and districts. Covered undertakings
on Tier 3 properties will be managed by installations in
coordination with their command. Identification, evaluation, and
mitigation of such historic properties will be conducted by
installations in accordance with the Secretary of the Interior's
Standards and Guidelines for Archeology and Historic Preservation.
The Army will ensure these activities occur under the supervision of
individuals that meet the Secretary of the Interior's Professional
Qualification Standards. When such historic properties may be
adversely affected, installations will implement the applicable
standard mitigation measure set forth in this program comment. Such
activities for Tier 3 properties are reported by installations in
their annual report prepared in accordance with section 7.
4.2.6. Management of Tier 4 Properties--Built Infrastructure From WWII
and Cold War Eras (1941-1989) (Properties Constructed in 1941 Through
and Including 1989)
Non-NHL built infrastructure from WWII and Cold War eras (1941-
1989) are Tier 4 properties. Adverse effects from the covered
undertakings to Tier 4 properties have been mitigated by existing
extensive mitigative documentation and by the physical preservation
of period NHL properties. The Army's Section 106 compliance for
representative historic properties constructed during WWII and the
Cold War eras has been addressed under the following nationwide
programmatic compliance actions: Programmatic Memorandum of
Agreement (PMOA) for DOD World War II Temporary Buildings, Program
Comment for WWII and Cold War Era Army Ammunition Production
Facilities, Program Comment for Department of Defense WWII and Cold
War Era Ammunition Storage Facilities, Program Comment for
Department of Defense Cold War Era Unaccompanied Personnel Housing
(UPH).\xii\ Documentation of these representative WWII and Cold War
era properties exists in the extensive studies prepared for those
Section 106 compliance agreements. Nearly 600 additional Army and
DoD Cold War era studies are listed in the annotated bibliography at
<a href="https://www.denix.osd.mil/army-pcwr/">https://www.denix.osd.mil/army-pcwr/</a>, representing comprehensive
documentation of Cold War era military historic properties.
In addition to this extensive documentation of WWII and Cold War
era historic properties, the Army preserves and manages four NHLs
from the WWII and Cold War eras. Those WWII and Cold War era NHLs
are Ladd Field NHL District, Fort Wainwright, AK; Launch Complex 33,
White Sands Missile Range, NM; The Trinity Site, White Sands Missile
Range, NM; and the Opana Radar Site, Kahuku Training Area, HI:
<bullet> Ladd Field NHL 1939-1947 period encompasses the
establishment of Ladd Field as a critical base for Lend-Lease
operations with the Soviet Union during World War II and its
subsequent role in early Cold War era research and development,
particularly related to Arctic military operations.
<bullet> Launch Complex 33 NHL 1945 to 1957 reflects the site's
use for the V-2 rocket program after World War II, which was crucial
for developing Cold War era rocketry and missile technology in the
United States. While its operational lifespan extended beyond 1957,
the early years are considered the most significant.
<bullet> Trinity Site NHL period of significance is centered
around July 16, 1945. This is the date of the Trinity Test, the
first detonation of a nuclear weapon. The Trinity test was conducted
by the Army on White Sands Missile Range at 5:29 a.m., July 16,
1945, as part of the Manhattan Project.
<bullet> Opana Radar Site NHL period of significance is December
7, 1941. This single date marks when the radar site detected the
incoming Japanese air attack on Pearl Harbor. While the detection
was not effectively communicated in time to prevent the attack, the
site represents the earliest warning of the attack and its role in
the events of that day.
Associated built infrastructure constructed during the WWII and
the Cold War eras (1941-1989) has been well documented, and the most
significant representative properties in the Army inventory are
preserved and managed as NHLs. Adverse effects of warfighting
readiness activities and management actions on non-NHL Army WWII and
Cold War era associated infrastructure are addressed by the existing
comprehensive documentation and by the physical preservation of
period NHL properties.
4.2.7. Effect Determinations
The effects of warfighting readiness activities and management
actions on associated infrastructure are assessed as follows.
Adverse Effect
<bullet> Physical damage or destruction of all or part of a Tier
1, Tier 2, or Tier 3 property.
<bullet> Alteration of NHLs and pre-1941 non-NHL buildings that
is not consistent with the Secretary of the Interior Standards for
Rehabilitation (36 CFR 68.3(b)) as implemented by the guidelines and
procedures in Appendices C and D.
<bullet> Removal of a Tier 1, Tier 2, or Tier 3 property from
its historic location.
<bullet> Neglect of a Tier 1, Tier 2, or Tier 3 property that
causes significant deterioration.
<bullet> Transfer, sale or lease of Tier 1, Tier 2, or Tier 3
property out of Federal ownership.
<bullet> Introduction of visual, atmospheric or audible elements
that diminish the integrity of significant historic features of
PTRCI.
<bullet> Change in the character of PTRIC use or physical
features within their setting that contribute to their significance.
Tier 4 Properties: Adverse effects to Tier 4 properties will be
mitigated by the extensive existing documentation (see endnote 7)
and physical preservation of the most significant NHL examples of
those properties.
Interiors of Pre-1941 Buildings: Interior alterations and
reconfiguration of interior floorplans in pre-1941 built
infrastructure do not require further review due to the extensive
modification and modernization that has occurred.\xiii\ Where an
existing interior floorplan does not accommodate current or changing
military needs, technology requirements, quality of life
considerations, force protection requirements, or health and safety
considerations, floorplan alterations and reconfigurations will
occur using substitute building materials or any modern industry
standard building materials.
Army installations will resolve adverse effects to Tier 1, 2,
and 3 historic properties following the Mitigation Measures for
Adversely Affected Historic Properties.
4.2.8. Mitigation Measures for Adversely Affected Historic Properties
General: The Army will strive to avoid adverse effects to
historic properties. Where adverse effects to Tier 1, 2, and 3
historic properties cannot be avoided, a treatment plan will be
developed by the installation in accordance with the Secretary of
the Interior's Standards and Guidelines for Archeology and Historic
Preservation (48 FR 44716, September 29, 1983) to mitigate the
adverse effect. Treatment plans should be technically and
financially feasible and focus on mitigation of the historic
property adversely affected.
Treatment plans for Tier 1 NHL properties will be developed in
consultation with the ACHP and NPS. Treatment plans for Tier 2 PTRCI
will be developed in consultation with Federally recognized Tribes
and NHOs ascribing significance to the historic property. Treatment
plans for Tier 3 properties will be developed by the installation in
coordination with their command. The Army FPO will approve
installation treatment plans for Tier 1 NHL properties. Commands
will approve installation treatment plans for Tier 2 and Tier 3
properties. No treatment plans will be required for Tier 4
properties since potential adverse effects will be mitigated by the
extensive existing documentation of representative property types
and by physical preservation of period NHLs.
Once completed, Army installations will make mitigation reports
resulting from the treatment plan available via an installation
public website or by other means to the ACHP, SHPOs, Tribes, and
NHOs for informational purposes. Mitigation reports will be subject
to Army operational security review and be retained by the
installation in accordance with Army document management and
retention requirements. Specific locational information for
sensitive historic properties is protected from
[[Page 24255]]
disclosure to the maximum extent possible in accordance with Section
304 of the NHPA.
Standard mitigation measures for buildings, structures,
districts, objects, and landscapes. Installations may address
adverse effects to buildings, structures, districts, and landscapes
associated with warfighting readiness activities that are
significant under National Register criterion C through
documentation prepared to the standards of the Historic American
Building Survey (HABS), Historic American Engineering Record (HAER),
Historic American Landscapes Survey (HALS) standards, or to
equivalent State standards, as appropriate. Where such properties
are significant under other National Register criteria, historical
documentation appropriate to their significance or signage may be
prepared.
Standard mitigation measures for archaeological sites. To
address adverse effects on archaeological sites and districts,
installations may implement standard mitigation measures. These may
include: (1) site avoidance; (2) site protection measures like
capping or signage; (3) archaeological monitoring of ground-
disturbing activities; or (4) data recovery excavations. Data
recovery excavations will be conducted in accordance with the
Secretary of the Interior's Standards and Guidelines for Archeology
and Historic Preservation. For archaeological sites that are PTRCI,
Indigenous Knowledge-informed mitigation will occur in accordance
with the following section regarding mitigation measures for PTRCI.
If data recovery is pursued, an archaeological site mitigation
report will be prepared.
Mitigation measures for properties of traditional religious and
cultural importance. The Army recognizes that standard mitigation
measures may not be applicable to PTRCI to Federally recognized
Tribes and NHOs. To ensure Indigenous Knowledge-informed treatment
occurs, installations will inform treatment plans through
government-to-government consultation with the Federally recognized
Tribe(s) ascribing significance to the property. Installations in HI
will inform treatment plans through consultation with the NHO(s)
ascribing significance to the property. For defined landscape areas
that are considered PTRCI the Army may, as a mitigation measure,
prepare ethnographic studies in coordination with Federally
recognized Tribes or NHOs.
Alternative mitigation measures. The Army may implement
alternative mitigation measures in lieu of the standard mitigation
measures for any adversely affected historic property. Alternative
mitigation involves mitigative measures applied to property types
other than those directly affected by the undertaking, or another
type of creative mitigation. The Army may implement alternative
mitigation on Army installations, Army owned and leased property,
federal lands withdrawn by Army for military purposes, state lands
used for federal warfighting readiness activities of the Army
National Guard, and on properties with conservation easements.
Alternative mitigations will be included in treatment plans.
Alternative mitigation measures do not occur when standard
mitigation measures may be applicable.
4.2.9. Avoiding Duplication of Effort for Mitigation of Pre-1941 Built
Infrastructure
In constructing its extensive military infrastructure, the Army
used standardized designs and plans for buildings, structures,
districts, landscapes, and for entire installations.\xiv\ The result
of Army standardization is that the same designs for buildings,
structures, districts, landscapes, housing, and overall installation
designs are repeated, one after the other, on Army installations.
The Army's pre-1941 built infrastructure was constructed following
Army standardized plans; therefore, Army installations avoid
duplicating mitigation efforts for such built infrastructure. When
developing a treatment plan for mitigation of adverse effects to
pre-1941 built infrastructure, installations and commands may
identify if similar built infrastructure has been previously
documented or if known better-preserved examples exist on the
installation or elsewhere. If prior documentation or better-
preserved examples sufficiently represent the adversely affected
property, that information should be incorporated into the treatment
plan to minimize redundant mitigation efforts.
4.2.10. National Mitigation Areas
National Mitigation Areas are locations where the Army has made
a commitment to long-term stewardship of significant historic
properties beyond the requirements of the NHPA. These areas, which
include two National Monuments designated under the authority of the
Antiquities Act (54 U.S.C. 32030) and a Native Hawaiian PTRCI,
contain a high concentration of historic buildings, archaeological
sites, historic districts, PTRCI, sacred landscapes, and significant
natural resources and geological features.
The Army's NMAs are nationally significant heritage resources
and represent an investment in historic preservation at a landscape
scale. The Army's preservation of these areas can serve as
compensatory mitigation for adverse effects to historic properties
for areas with health and safety hazards as described below, and as
an alternative mitigation option. The National Mitigation Areas are:
Carlisle Federal Indian Boarding School National Monument,
Carlisle Barracks, PA: The Carlisle Federal Indian Boarding School
National Monument was established under the authority of the
Antiquities Act at the Army's Carlisle Barracks in December 2024 (89
FR 100289, December 12, 2024). The Army, recognizing the profound
cultural significance of the Carlisle Indian Industrial School to
Federally recognized Tribes, partnered with the Department of the
Interior in this National Monument designation. The school's former
campus is located within Carlisle Barracks, an Army installation
with a history dating back to the Revolutionary War. The Barracks
saw limited use by the Army following the Civil War. In 1879,
Congress authorized the Secretary of War to transfer vacant military
posts to the Secretary of the Interior for industrial training of
Indian youth, including Carlisle Barracks, leading to the school's
establishment in 1879. The Carlisle Indian School was the Nation's
first off-reservation Federal Indian boarding school. From 1879 to
1918, over 7,800 children from 140 Tribes attended the Carlisle
School. After the Department of the Interior closed the Carlisle
Indian School, Carlisle Barracks was transferred back to the Army.
While under Army stewardship the former Carlisle Indian School
campus was designated as an NHL district in 1961. The 24 NHL
historic structures associated with the Carlisle Indian School
include residential, vocational, and athletic buildings that evoke
the Federal Indian boarding school era. The National Park Service
now collaborates with the Army and others to share the story of the
school (see <a href="https://www.nps.gov/cibs/index.htm">https://www.nps.gov/cibs/index.htm</a>).
Castner Range National Monument, Fort Bliss, TX: Established on
Fort Bliss in March 2023 (88 FR 17999, March 27, 2023) under the
authority of the Antiquities Act, the Castner Range National
Monument encompasses 6,672 acres. The Army ensures the protection of
sacred sites, PTRCI, and natural ecosystems within the Castner Range
National Monument (<a href="https://www.denix.osd.mil/crnm/">https://www.denix.osd.mil/crnm/</a>). Castner Range
remains undeveloped with historic properties preserved due to its
history of military use. Since the cessation of live-fire exercises
over half a century ago, Castner Range, under Army stewardship, is
maintained as a natural Chihuahuan Desert ecosystem. Vital springs
like Indian Springs, Cottonwood Springs, Mundy Springs, and
Whispering Springs provide water sources and rare desert habitat for
plants and wildlife. There are 41 identified prehistoric
archaeological sites on Castner Range containing ancient pit houses,
roasting pits, ceramics, bedrock mortars, petroglyphs, and other
archaeological features and artifacts. The Army has listed
archaeological sites and districts on Castner Range in the National
Register of Historic Places including the Fusselman Canyon Rock Art
District, the Northgate Site, and the Castner Range Archaeological
District.
500 Acre Conservation Easement Protecting K[umacr]kaniloko,
O[revaps]ahu, HI: K[umacr]kaniloko is one of the most sacred Native
Hawaiian places and is found within the cultural landscape of the
Wahiaw[amacr] Plateau on O[revaps]ahu. This area was the royal birth
site for high-ranking chiefs, known as ali[revaps]i, and was
utilized as a birth site well into the 17th century.
K[umacr]kaniloko is believed to be the geographical and spiritual
center of O[revaps]ahu and is also spiritually connected to other
sacred sites in Hawai[revaps]i (see <a href="https://www.oha.org/wp-content/uploads/Attachment-6-OHA-Kukaniloko-Information-Sheet.pdf">https://www.oha.org/wp-content/uploads/Attachment-6-OHA-Kukaniloko-Information-Sheet.pdf</a>). In 2012
the Hawai[revaps]i State Legislature authorized $13 million towards
the purchase of a conservation easement on 500 acres of sacred
landscape surrounding K[umacr]kaniloko for its protection. Army and
its conservation partners including the Trust for Public Land and
the Office of Hawaiian Affairs raised the additional $12 million
required for purchase of the easement, which included over $4.5
million from the Army. As a result, the Office of Hawaiian Affairs
received the 500-acre in-perpetuity easement surrounding
K[umacr]kaniloko for long-term conservation. The area is not open to
the
[[Page 24256]]
public and visits are coordinated through the Hawaiian Civic Club of
Wahiaw[amacr]. The Army provides resources for on-going land
management and conservation activities on the 500-acre easement.
4.2.11. Limitation on Disclosure of Information
Section 304 of the NHPA (54 U.S.C. 307103) authorizes Federal
agencies to withhold from public disclosure information about the
location, character, or ownership of a historic property if that
disclosure may cause a significant invasion of privacy, risk harm to
the historic property, or impede the use of a traditional religious
site by practitioners. Army compliance with 54 U.S.C. 307103 is
demonstrated by implementation of the following actions: Army
installations will ensure that reports, documents, or other
materials that address the location and character of sensitive
historic properties (including archaeological sites and PTRCI) are
prepared and disseminated in a manner that maintains the
confidentiality of such information. The determination to withhold
information regarding the location and character of PTRCI is made in
consultation with the property's affiliated Federally recognized
Tribes and NHOs and pursuant to the requirements of Section 304.
4.2.12. Health and Safety Hazards
No further Section 106 review, including historic property
identification, evaluation, assessment, monitoring, and mitigation
activities will occur in known areas on Army installations where
there are human health and safety hazards including areas containing
unexploded ordnance (UXO) such as impact areas and surface danger
zones, and contaminated land areas and contaminated properties. It
is unlikely that historic properties would be identified in these
areas. Any potential adverse effects that may occur to historic
properties located in such areas are resolved by the preservation of
historic properties within the National Mitigation Areas identified
in this program comment.
4.2.13. Public Outreach, Access, and Comment
Army installations may foster transparency and strengthen civil-
military relationships by providing public educational tours,
cultural events, and partnerships with local schools and
organizations. These programs, which often include museum exhibits
and tours that highlight Army historic properties and preservation
initiatives, provide the opportunity for the public to connect with
heritage firsthand. Installation Public Affairs Offices may be
contacted at any time for information pertaining to such
installation public outreach events. For installations with PTRCI,
access to those historic properties is provided to Tribes and NHOs
for their cultural use. In addition, opportunities for the public to
comment on installation activities will occur under installation
actions to comply with comprehensive environmental review
requirements. These actions will ensure that the public has a voice
in decisions that may affect the environment and historic properties
on installations.
5.0 Discovery of Historic Properties
The discovery of a historic property during implementation of
warfighting readiness activities will be addressed by the procedures
in this section. If the discovery involves Native American or Native
Hawaiian cultural items or human remains, the Native American Graves
Protection and Repatriation Act (NAGPRA) and 43 CFR part 10 will be
followed in lieu of this program comment.
If an undertaking covered by this program comment has commenced
and a discovery or unanticipated effects to a non-NAGPRA property
occur, activities will cease in the immediate area of the discovery.
The undertaking can continue in areas outside of the immediate
protected area of the discovery. The installation will notify the
ACHP, the relevant SHPO, and Federally recognized Tribes or NHOs of
the discovery and proposed mitigation and will provide them with
five (5) calendar days to comment.
The Army will consider any timely comments in assessing the
National Register of Historic Places eligibility of the property
under applicable National Register criteria. If the installation
determines that the property is not a historic property, the
undertaking can proceed in the area of the discovery. If the
discovered property is determined by the installation to be a
historic property and avoidance of adverse effects is not possible,
the installation and command will consider any timely comments from
the ACHP and SHPO, Federally recognized Tribe or NHO and prepare and
implement a technically and financially feasible mitigation measure
to resolve the adverse effect. If the property is identified by a
Federally recognized Tribe or NHO as a PTRCI, the views provided by
the Federally recognized Tribe or NHO will be a primary
consideration in finalizing the mitigation measure. The undertaking
may continue in a manner allowing for implementation of the
mitigation measure. The installation will coordinate the mitigation
with the command, incorporate command recommendations, carry out the
mitigation measure, prepare the mitigation report, and summarize the
action in their annual report.
If no responses are received within five calendar days of the
notification, the installation will inform the ACHP, SHPO, Federally
recognized tribe or NHO that it will implement the mitigation
proposed by the installation, will make the mitigation report
available to the ACHP, SHPO, Federally recognized Tribe or NHO, and
will report the action in their annual report. The installation may
afford additional time for Federally recognized Tribes or NHOs to
provide their views if there are significant extenuating
circumstances and no major impacts to the timing and cost of the
undertaking.
6.0 Emergency Situations
In the event that an installation proposes an essential and
immediate response to a disaster or emergency declared by the
President, a tribal government, or the Governor of a State or
another immediate threat to life and property, the Army will
implement 36 CFR 800.12(b)(2). The Army will notify the ACHP, the
appropriate SHPO/Tribal Historic Preservation Officer and any Indian
tribe or NHO that may attach religious and cultural significance to
historic properties likely to be affected prior to the undertaking
and afford them an opportunity to comment within seven (7) calendar
days of notification. If the Army determines that circumstances do
not permit seven days for comment, the Army will notify the ACHP,
the SHPO/THPO, and Indian tribe or Native Hawaiian organization and
invite any comments within the time available.
This section applies only to undertakings that will be
implemented within 30 days after the disaster or emergency has been
formally declared by the appropriate authority. The Army may request
an extension of the period of applicability from the ACHP prior to
the expiration of the 30 days. In accordance with 36 CFR 800.12(d),
immediate rescue and salvage operations conducted to preserve life
or property are exempt from the provisions of Section 106 and 36 CFR
part 800.
7.0 Annual Reporting and Annual Meeting
On or before 1 February of each year, each installation with
undertakings addressed under this program comment will prepare an
Annual Installation Program Comment Report for the preceding fiscal
year. The installation annual report will summarize individual
undertakings implemented under the program comment and efforts to
identify, evaluate, assess effects, and avoid or mitigate adverse
effects to historic properties. The Annual Installation Program
Comment Report will be published by the installation on a publicly
accessible website, following applicable requirements for
information dissemination. When published, the installation will
inform relevant SHPOs, THPOs, Federally recognized Tribes, and NHOs
that the annual installation report is available for their
information. Annual reporting by installations will occur for the
duration of this program comment.
After 1 February of each year, the Army FPO will prepare an
annual Army Program Comment Summary Report for previous fiscal year
activities. The annual Army report will provide an executive summary
of activities under the program comment, identifies successes,
significant challenges, how challenges were addressed, and how they
may be avoided in the future. The annual report will also include an
assessment of the overall effectiveness of the program comment in
meeting its intent. The Army FPO will submit the Program Comment
Summary Report to the ACHP. Following report submission, the FPO
will meet with the ACHP and others as appropriate to discuss
implementation of the program comment. Such annual reporting and
annual meetings will occur for the duration of the program comment
and may take place in-person, by phone, videoconference, or any
combination of such methods.
8.0 Applicability
The Army implements warfighting readiness activities and
management actions on associated infrastructure in accordance with
the terms of this program comment. This program comment applies to
all warfighting readiness activities and
[[Page 24257]]
management actions on associated infrastructure on installations of
the Active Army, Army Reserves, and Army National Guard. This
program comment applies to joint bases where the Army is the lead
military service. This program comment will apply to all real
property that is acquired by the Army and incorporated into to an
existing Army installation.\xv\
This program comment does not apply to any proposed undertakings
that would take place off of, or affect historic properties located
off of Army installations. This program comment does not apply to
any proposed undertaking that may occur on or affect historic
properties located on Tribal lands. This program comment does not
apply to any proposed undertakings at Arlington National Cemetery.
This program comment does not apply to Army-owned family housing or
to privatized Army family housing. This program comment does not
apply to Civil Works activities of the U.S. Army Corps of Engineers.
9.0 Duration
This program comment is effective upon the date of its adoption
by the ACHP and remains in effect through December 31, 2055, unless
withdrawn earlier as provided herein.
The specified duration of this program comment aligns with the
expiration dates of three program comments concerning historic Army
housing.\xvi\ No later than one year prior to the expiration of this
program comment, the Army and the ACHP may identify a process for
integration of this program comment and the program comments for
historic Army housing. The intent is to further standardize Army
Section 106 compliance procedures into a single comprehensive
program alternative.
10.0 Amendment and Withdrawal
Amendment. The terms of this program comment can only be changed
following the amendment procedures of this program comment. All such
proposed amendments are submitted by the ACHP to the Army FPO for a
30-day review and consultation period. Amendments will consider and
address the Army's comments. Amendments to this program comment are
subject to a vote and adoption by the ACHP membership. The ACHP will
publish notice in the Federal Register regarding adopted amendments.
Withdrawal. If the ACHP membership determines that consideration
of historic properties is not being carried out in a manner
consistent with this program comment, the ACHP membership may
propose withdrawal of the program comment only after consultation
with the Army to resolve the inconsistency. The ACHP will publish a
notice in the Federal Register of any vote to withdraw. If this
program comment is so withdrawn, the Army complies with the
requirements of 36 CFR 800.3--800.7, or an applicable program
alternative, for undertakings subject to this program comment.
11.0 Definitions
The following definitions apply for the purposes of
implementation of this program comment:
Abate or abatement means actions to eliminate, lessen, reduce,
encapsulate, or remove hazardous or toxic materials, and unsafe
conditions.
Alternative mitigation means actions taken to offset the
unavoidable adverse effects of an undertaking on a historic
property. Alternative mitigation may occur when mitigation actions
on an adversely affected historic property are not financially or
technical feasible, where there are national security implications,
or other extenuating circumstances. Alternative mitigation may occur
through other mitigative activities involving other historic
properties.
Area of potential effects means the same as the term's
definition at 36 CFR 800.16.
Associated infrastructure means the totality of all built
infrastructure and natural infrastructure associated with Army
warfighting readiness activities.
Built infrastructure means all buildings, structures, districts,
objects, sites, and landscapes and landscape features. The built
infrastructure includes the entire overall design and layout of Army
installations including but not limited to cantonments, training
areas, testing areas, ranges, maneuver areas, all buildings,
structures, landscapes, landscape features, sites, districts,
objects, facilities, research related properties, industrial and
manufacturing areas and properties, warehouses, roadways and
circulation patterns and systems, rail lines, bridges, dams, utility
systems, mechanical systems, airfields, heliports, energy
infrastructure, etc. Includes all man- made landscapes and landscape
features. See Appendix B for additional detail on buildings and
structures included in the built infrastructure.
Economic or Financial feasibility means the Army's assessment of
relevant factors to determine if an action, project, or product to
address a historic property are financially viable and sustainable.
It considers the costs of building materials, labor, mitigation,
among other factors against the available funding and longer-term
financial resources to ensure the action is realistic, achievable,
and will effectively preserve or document the property's historical
value.
Health or safety hazards means land, buildings or structures
that have any of the following conditions: violations of health and
safety codes and standards; structurally unstable roofs or walls;
non-functional or poorly functioning mechanical systems; rodent,
insect, or mold infestations, lead based paint exposure risks;
asbestos exposure risks; sites contaminated with hazardous
substances, pollutants, contaminates, toxic chemicals and materials,
or any other environmental hazards; damages due to fire, flooding,
or natural disasters; and other conditions that present health
hazards or make the land, buildings or structures unsafe.
Historic building materials means building materials that were
used in the initial construction of a building, and for designated
NHLs it means all materials within the period of significance.
Historic character means the same as the terms usage in the
Secretary of the Interior's Standards for the Treatment of Historic
Properties at 36 CFR part 68.
Historic district or district means the same as the term's
definition in 36 CFR 60.3(d). The terms historic district,
archaeological district, and district are used interchangeably in
this program comment.
Historic property means the same as the term's definition in 36
CFR 800.16.
Imitative substitute building materials or substitute building
materials means modern, industry standard, natural, composite, and
synthetic materials that that simulate the appearance of historic
materials. They are used as alternatives to historic building
materials and in-kind building materials when those materials are
not financially or technically feasible, or where other factors such
as contamination require replacement of historic building materials.
The terms imitative substitute building materials and substitute
building materials are used interchangeably for the purposes of this
program comment.
In-kind building materials means new building materials that are
identical to historic building materials in all possible respects,
including their composition, design, color, texture, and other
physical and visual properties.
Industrial activity means all activities at all Army research
laboratories, depots, arsenals, and ammunition plants involved in
research, development, manufacturing, storing, maintaining, and
disposal of Army weapons and material.
Installation means an aggregation of contiguous or near
contiguous, common military mission-supporting real property
holdings under the jurisdiction, possession, or control of the
Department of the Army or of a State, commonwealth, territory, or
the District of Columbia, and at which any unit or activity of the
Active Army, Army Reserve, or Army National Guard is assigned or
trains. Includes joint bases where Army is the lead military
service.
Land means real estate that is fee-owned by the Federal
Government and or under custody and accountability of the Army.
Includes land acquired by purchase, condemnation, donation,
transfer, permit, lease or other means. Includes reclaimed or
accredited lands if title is vested in the Federal Government and
such lands are under custody and accountability of the Army. The
terms land and Army land are used interchangeably in this program
comment.
Landscape and landscape features includes all plantings and
landscaping, gardens, parade grounds, open spaces, recreational
landscape features (including but not limited to recreational and
athletic fields, playgrounds, golf courses, tennis courts, etc.),
fencing, parking areas, garages, signage, site furnishings, parade
grounds, lighting, sidewalks and curbing, driveways, setbacks,
cemeteries, objects, statuary, monuments, archaeological sites and
districts, and all human influenced landscapes and landscape
features. Includes all visual elements and viewsheds into historic
properties and historic districts and out from any historic property
or historic districts into other historic properties and districts,
and all other landscape features.
Lease, transfer, and conveyance means the execution of documents
for real property
[[Page 24258]]
lease, sale, possession, management, operation, development,
conveyance, or transfer of real property into or out of Army
ownership, jurisdiction, or management. Includes execution of
property transfers and conveyances of ground leases, easements, and
property ownership. Includes Enhanced Use Leases (EUL) and all EUL
associated development activities, public land withdrawals, and any
other form of real property conveyance or transaction. In the event
of a conflict or inconsistency between a lease, transfer, or
conveyance document and this program comment with respect to the
obligations pursuant to Section 106 of the NHPA, the terms of this
program comment have primacy.
Maintenance and repair means all activities required to maintain
the exterior of buildings and structures, mechanical systems, 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 exteriors.
Management actions are actions taken with respect to warfighting
readiness associated infrastructure (see Appendix B) as follows:
<bullet> Associated Infrastructure: Management actions
concerning associated infrastructure (built infrastructure and
natural infrastructure) include real property transactions including
leasing, acquisition, and disposal of any real property interests
into or out of government ownership whether by purchase, lease,
easement, transfer, sale, public land withdrawal, agricultural out
leasing, or any other form of real property conveyance. Includes
activities supporting establishment and use of Enhanced Use Leases
on Army installations. Includes the transfer of national defense
areas to the Army as new installations or for incorporation into
existing installations.
<bullet> Built Infrastructure: Management actions concerning
built infrastructure include maintenance, repair, rehabilitation,
renovation, additions, improvements, abatement and remediation of
health and safety hazards (such as lead based paint, asbestos, among
others), mothballing, cessation of maintenance, and demolition.
Includes new construction including major and minor military
construction and construction on installations by parties other than
the Army under EULs or other authorities.
<bullet> Natural Infrastructure: Management actions on Army land
including all land management activities such as natural resources
management, cultural resources management, integrated training area
management, soil erosion control, and forestry operations. Includes
natural resource extraction activities, such as mineral exploration,
extraction, mining, mineral processing, timber harvesting and sales,
and harvesting and/or collection of other resources. Includes the
removal and/or detonation of unexploded ordnance (UXO) or discarded
military munitions, includes the assessment, investigation, and/or
implementation of removal or remedial actions to address releases of
hazardous substances, pollutants, or contaminants.
Military landscape is composed of two components--built
infrastructure and natural infrastructure, collectively referred to
in this program comment as associated infrastructure. The military
landscape encompasses the entirety of each Army installation
including the totality of the associated infrastructure. The
military landscape is the nationwide analytical framework for
Section 106 compliance for Army warfighting readiness activities and
management actions on associated infrastructure. The terms military
landscape and installation military landscape are used
interchangeably in this program comment.
Mitigation measure means an action that serves to resolve
adverse effects on historic properties.
Mothballing means an action to close and deactivate buildings
and structures for an extended period, with the intent that the
property would be brought back to an operational status at some
future time.
National Historic Landmark means historic properties formally
designated as such by the Secretary of the Interior under the
authority of the Historic Sites Act of 1935.
Natural infrastructure is addressed under Army Real Property
Category Code 9, and it incorporates all Army lands, ecosystems,
landscapes and viewsheds, natural features, and all other natural
resources. Natural infrastructure includes forests, wetlands,
rivers, streams, lakes, riparian areas, deserts, grasslands,
prairies, habitats, vegetation, soils, mineral resources,
archaeological and geological sites and features.
Rehabilitation means, in accordance with the Secretary's
Standards for Rehabilitation at 36 CFR 68.3(b), the act or process
of making possible an efficient compatible use for a property
through repair, alterations and additions while preserving those
portions or features that convey its historical, cultural or
architectural values. Includes actions to improve energy efficiency,
address obsolete, damaged, deteriorated, or defective interior and
exterior building materials and elements, fencing, and all other
changes to improve the quality of life, health, and safety of
residents. Rehabilitation includes additions, exterior alterations,
and adjacent or related construction allowed under the Secretary
Standards for Rehabilitation (9) and (10).
Technical feasibility means the Army's assessment of relevant
factors to determine if an action, project, or product is suitable,
practical, viable, and can be successfully implemented in
consideration of warfighting readiness requirements.
Testing or military testing means activities that evaluate
weapons and materiel performance, safety, and reliability.
To the maximum extent possible means implementation of actions
to the extent capable of being carried out with reasonable effort
considering economic and technical feasibility.
Training or military training means activities that prepare
units and Soldiers for combat operations.
Tribal lands means the same as the term's definition at 36 CFR
800.16.
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, human influenced
features, man-made features, and points beyond the horizon. Includes
all visual elements and viewsheds into historic properties and
historic districts and out from any historic property or historic
districts into other historic properties and districts, and all
other landscape features. Viewsheds are addressed under this program
comment as part of the military landscape and landscape features.
Warfighting readiness activities means those military training,
testing, equipping, and industrial activities specified in Appendix
A, and management actions occurring on associated infrastructure as
specified in Appendix B.
12.0 Appendices
See all Appendices on the Army's website at <a href="https://www.denix.osd.mil/army-pcwr/">https://www.denix.osd.mil/army-pcwr/</a>.
Appendix A--Warfighting Readiness Category of Undertakings
Appendix B--Associated Infrastructure and Management Actions
Appendix C--Design Guidelines for Pre-1941 Buildings,
Structures, and Landscapes
Appendix D--Building Materials Guidelines and Catalog for Pre-
1941 Buildings, Structures, And Landscapes
(END OF DOCUMENT)
(Authority: 36 CFR 800.14(e).)
Dated: April 29, 2026.
Reid Nelson,
Executive Director.
End Notes
\i\ ACHP Program Comment guidance--<a href="https://www.achp.gov/program_comment_questions_and_answers">https://www.achp.gov/program_comment_questions_and_answers</a>.
\ii\ Context Study of the United States Army Quartermaster
General Standardized Plans 1866-1942. US Army Corps of Engineers,
Seattle District, 1997; A Study of United States Army Family Housing
Standardized Plans, Volumes 1-5, Beth Grashof, Georgia Institute of
Technology, 1986; National Historic Context for Department of
Defense Installations, 1790-1940, Volumes 1-4. Referenced studies
are at <a href="https://www.denix.osd.mil/army-pchh/">https://www.denix.osd.mil/army-pchh/</a>.
\iii\ ACHP Program Comment guidance--<a href="https://www.achp.gov/program_comment_questions_and_answers">https://www.achp.gov/program_comment_questions_and_answers</a>.
\iv\ For examples see Supplemental Information Briefing at
<a href="https://www.denix.osd.mil/army-pcwr/">https://www.denix.osd.mil/army-pcwr/</a>.
\v\ Report and Recommendations on the Application and
Interpretation of Federal Historic Preservation Standards. Sara C.
Bronin, Chairman ACHP, March 1, 2024. <a href="https://www.achp.gov/standardsreport">https://www.achp.gov/standardsreport</a>.
\vi\ See the four program comments for historic Army housing at
<a href="https://www.denix.osd.mil/army-cr/army-dod-">https://www.denix.osd.mil/army-cr/army-dod-</a> comments/. For
additional details including annual reports for the program comments
for Pre-1919 housing, Inter-War era housing (1919-1940) and Vietnam
War Era housing (1963-1975) see: <a href="https://www.denix.osd.mil/army-pre1919-pchh/">https://www.denix.osd.mil/army-pre1919-pchh/</a>, https://
[[Page 24259]]
www.denix.osd.mil/army-pchhttps://www.denix.osd.mil/army-vwehh-pc/.
\vii\ The Department of War Cold War Historic Properties
Bibliography at <a href="https://www.denix.osd.mil/army-pcwr/">https://www.denix.osd.mil/army-pcwr/</a> is a 244-page
annotated bibliography that contains 590 individual reports that
document historic properties from the Cold War era for the Army and
the Department of War. Also see: National Historic Context for
Department of Defense Installations, 1790-1940, Volumes I-4. DoD
Legacy Resource Management Program Project 92-0075 (1995); Military
Training Lands Historic Context, USACERL, 2010; World War II
Temporary Military Buildings, USACERL Technical Report CRC-93/
01,1993; World War II and the U.S. Army Mobilization Program: A
History of 700 and 800 Series Cantonment Program, Legacy Resources
Management Program, USACERL; Army Ammunition Production During the
Cold War (1946-1989), US Army Environmental Command, 2009; Army
Ammunition and Explosives Storage in the United States: 1775-1945,
US Army Corps of Engineers, 2000; Unaccompanied Personnel Housing
During the Cold War 1946-1989, US Army Environmental Center, 2003;
Historic Context for DoD Facilities WWII permanent Construction, US
Army Corps of Engineers, Baltimore District, 1997; Historic Context
for DoD Facilities World War II Permanent Construction, US Army
Corps of Engineers, Baltimore District, 1997; California Historic
Military Buildings and Structures Inventory, US Army Corps of
Engineers, Sacramento District, 2000; A Historic Context for the
African American Military Experience, USACERL, 1998; Army historic
contexts at <a href="https://aec.army.mil/Conservation/Cultural-Resource-Technical-Documents/">https://aec.army.mil/Conservation/Cultural-Resource-Technical-Documents/</a>.
\viii\ Archeology and Historic Preservation; Secretary of the
Interior's Standards and Guidelines. 48 FR 44716. Department of the
Interior, National Park Service. September 29, 1983.
\ix\ ibid.
\x\ Army housing NHLs are addressed under the Army's program
comments historic housing and are not subject to this program
comment.
\xi\ The Pioneer Deep Space Station, Fort Irwin, CA is managed
by National Aeronautics and Space Administration under their NHPA
Section 106 PA for that property and is not subject to this program
comment.
\xii\ Referenced nationwide NHPA compliance agreements are
located at <a href="https://www.denix.osd.mil/army-cr/army-">https://www.denix.osd.mil/army-cr/army-</a> dod-comments.
Also see references listed in footnote 7.
\xiii\ The historic interior floorplans of pre-1941 built
infrastructure have been modified and modernized by Army use over
time; all current floorplans include rooms that were not features of
the original design, new walls and partitions added that were not
features of the original design, floors, walls, and ceilings cut
through and modified to add plumbing, electrical service, and
heating and ventilation ductwork, plaster walls replaced with
drywall, paint and plaster removed to create a new appearance.
\xiv\ Context Study of the United States Army Quartermaster
General Standardized Plans 1866-1942. US Army Corps of Engineers,
Seattle District, 1997. A Study of United States Army Family Housing
Standardized Plans, Volumes 1-5, Beth Grashof, Georgia Institute of
Technology, 1986. National Historic Context for Department of
Defense Installations, 1790-1940, Volumes 1-4. Referenced studies
are found at <a href="https://www.denix.osd.mil/army-pchh/">https://www.denix.osd.mil/army-pchh/</a>.
\xv\ For real property acquired by the Army and incorporated
into an existing Army installation, the Army will carry out historic
property identification efforts when it does not have any existing
inventory or knowledge base about the types of historic properties
that may be present on such real property.
\xvi\ Program Comment for the Preservation of Pre-1919 Historic
Army Housing, Associated Buildings and Structures, and Landscape
Features, 89 FR 50350; Program Comment for Army Inter-War Era
Historic Housing, Assoicated Buildings and Structures, and Landscape
Features (1919-1940), 85 FR 64491; and Program Comment for Army
Vietnam War Era Historic Housing, Associated Buildings and
Structures, and Lanscape Features (1963-1975), 88 FR 28573.
[FR Doc. 2026-08674 Filed 5-4-26; 8:45 am]
BILLING CODE 4310-10-P
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