This program comment provides the Federal Communications Commission (FCC) with an alternative way to comply with its responsibilities under Section 106 of the National Historic Preservation Act, 54 U.S.C. 306108, and its implementing regulations, 36 CFR part 800 (Section 106), with regard to the effects of wayside poles and associated infrastructure installed by the nation's freight and passenger railroads to deploy Positive Train Control (PTC) systems on historic properties.

Executive Summary The National Historic Preservation Act directs the Federal Government to administer federally owned, administered, and controlled historic resources in a spirit of stewardship. Executive Order 13287, issued in 2003 as part of the Administration’s Preserve America initiative, reaffirms this mandate. Section 4(e) of the order requires that the Advisory Council on Historic Preservation make recommendations to the President and Federal agencies on further stimulating initiative, creativity, and efficiency in the Federal stewardship of historic properties.

 

A key responsibility of the Advisory Council on Historic Preservation (ACHP) is to administer the requirements of Section 106 of the National Historic Preservation Act (NHPA), a review process that ensures historic properties are considered during the development of any federal project. The ACHP’s Office of Federal Agency Programs (OFAP) coordinates this responsibility.

This order moves to accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners, and avoid affecting the physical integrity of those sites in any adverse way.

Section 106 requires each federal agency to identify and assess the effects of its undertakings on historic properties. It applies when two thresholds are met: there is a federal, federally assisted, or federally licensed activity; and that activity has the potential to affect properties listed in or eligible for listing in the National Register of Historic Places.

As communication and decision making happens increasingly online, it is more important than ever to encourage the use of electronic signatures for Section 106 Memoranda of Agreement (MOAs) and project Programmatic Agreements (PAs). Since the Section 106 regulations do not provide detail on what signature formats may be used to execute agreement documents, the ACHP is providing information to support the development of best practices to help those considering whether or how to use electronic signatures for Section 106 agreements.

Memorandum of Agreement Between the United States General Services Administration and the West Virginia State Historic Preservation Office Submitted to the Advisory Council on Historic Preservation Pursuant to 36 CFR 800 Regarding the Federal Bureau of Investigations's Central Records Complex in Frederick County, Virginia