The General Services Administration (GSA) is proposing an exemption from Section 106 review requirements (outlined in Subpart B of 36 CFR 800) for routine operations and maintenance activities. Under 36 CFR § 800.14(c), exemptions may be proposed by a federal agency or by the ACHP. The proposed exempted activities are based on activities excluded from Section 106 review in GSA Regional Programmatic Agreements and measures following preservation as a treatment for historic properties as defined in The Secretary of the Interior’s Standards for the Treatment of Historic Properties (Secretary’s Standards). The exemption includes an appendix describing all exempt activities. GSA proposes that the agency's historic preservation program has a staffing structure that provides continual oversight and monitoring of historic properties and a system of checks and balances for maintenance along with policies and practices ensuring that work complies with the Standards.
Consultation and Public Participation
Per § 800.14(c)(2)-(3), GSA conducted two consultation meetings with State Historic Preservation Office (SHPO) staff, hosted a tribal listening session, and provided an opportunity for the public to comment on the proposed exemption.
On October 14, 2022, GSA presented its exemption proposal to the ACHP. While GSA is the exemption proponent, consistent with § 800.14(c)(4), the ACHP is responsible for conducting consultation with Indian Tribes and Native Hawaiian organizations.
The ACHP has determined that this proposal requires compliance with Executive Order 13175: Consultation and Coordination with Indian Tribal Governments. Therefore, the ACHP developed a GSA Exemption Tribal Consultation Plan and hosted a virtual government-to-government consultation meeting with Tribal leaders on November 7. In accordance with the Tribal Consultation Plan, the ACHP has posted the presentation and notes from the consultation meeting below.