Read the full text of the VA Program Comment in the Federal Register.

Summary

On October 26, 2018, the Advisory Council on Historic Preservation (ACHP) issued a "Program Comment for Vacant and Underutilized Properties" at the request of the U.S. Department of Veterans Affairs (VA). The VA Program Comment enables VA to proceed with certain undertakings following an expedited Section 106 review process that complements VA’s real property priorities in finding uses for its vacant and underutilized properties. The VA Program Comment is designed to reduce vacant and underutilized properties in VA's real property portfolio and allow VA to redirect limited operations and maintenance staff and funding to those facilities supporting delivery of services and benefits to veterans. The VA Program Comment will remain in effect until October 26, 2028.

What is a Program Comment?

A Program Comment is an alternative process a federal agency may use to comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA). Section 106 requires federal agencies to take into account the effects of their undertakings on historic properties and provide the ACHP a reasonable opportunity to comment on such undertakings. The ACHP is the federal agency tasked with overseeing the Section 106 review process and issuing implementing regulations. The Section 106 regulations (36 CFR 800) set forth the process by which federal agencies comply with NHPA requirements. Under 800.14(e), federal agencies may request the ACHP provide a Program Comment on a particular program and category of undertakings in lieu of conducting individual reviews of each undertaking as set forth in 36 CFR 800.3 through 800.7.

VA Program Comment Mitigation

The VA Program Comment (Section 6) requires the agency to develop a public benefit document based on existing literature in archives, available VA documentation, photographs, and other source material. This programmatic mitigation is meant to emphasize the cultural geography of VA over time as a study of the relationship between VA culture and place. A draft of the resulting report “A Cultural Geography of the VA Built Environment” was provided to the National Conference of State Historic Preservation Officers (NCSHPO), the National Association of Tribal Historic Preservation Officers (NATHPO), the ACHP, and other consulting parties for review on August 1, 2023. A final version was submitted to the ACHP and made available to the public on October 11, 2023. To download the report, click the link above or visit the VA Historic Preservation Office website.

VA Program Comment Implementation - Current Status

On April 23, 2024, VA provided the ACHP with documentation to fulfill the requirements of Section 3 “Annual Publication and Review of VA’s Real Property Portfolio” of the Program Comment. Section 3 requires that for each year the Program Comment is in effect, VA will provide the ACHP with: 

(a) a composite list of properties that could be subject to the Program Comment should an applicable undertaking covered by the Program Comment be proposed; and  

(b) a narrative explaining its conclusion that historic utilitarian properties may be eliminated without endangering the continued National Register eligibility of the historic districts in which they are located.  

The ACHP is responsible for hosting a publicly accessible web page that features information on the VA Program Comment. Each year upon receipt of the composite list of properties and narrative from VA, the ACHP will post the composite list of properties and narrative to this web page and send an announcement email to the National Conference of State Historic Preservation Officers (NCSHPO), State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), Indian Tribes, Native Hawaiian organizations (NHOs), interested Veterans Service Organizations (VSOs), and ACHP members. This email will include a reminder about the time frames outlined below. 

For 30 days after the ACHP sends this email, interested parties may request additional information and/or send comments to VA concerning properties on the composite list. VA will respond to such requests and comments. For instance, any interested party may:

  • Provide VA with additional information on a property and/or any associated land that it would like VA to take into consideration when proposing any future undertakings for said property;
  • Comment on and/or provide relevant information about the relationship between any buildings on the composite list to the campus setting;
  • Comment on and/or provide relevant information about the presence of or potential effects to cultural landscapes, traditional cultural properties, and/or properties of traditional religious and cultural significance to Indian tribes or NHOs.

Also within this 30-day period, SHPOs, THPOs, Indian Tribes, and NHOs may object to VA in writing if there is a discrepancy between their files and the eligibility evaluations in VA's Capital Asset Inventory (CAI), and/or they believe the elimination of one or more utilitarian properties within particular historic districts in their states could (individually or cumulatively) endanger the continued eligibility of such districts. If any of these parties provide VA such an objection within the 30-day period, VA will either resolve the objection with the party or refer the matter to the ACHP for comment. Upon receipt of the referral, the ACHP has 15 days to provide comments to VA. VA will consider any such timely comments. Thereafter, and prior to proceeding with an undertaking involving the properties at issue, VA will notify the relevant party and the ACHP as to its final decision on the issue. 

The ACHP sent the aforementioned email announcing the posting of the composite list and accompanying narrative on Monday, May 6, 2024. The deadline for requesting additional information, sending comments, and/or providing an objection to VA regarding the properties on the list is June 5, 2024. 

Please direct all correspondence to the VA Federal Preservation Officer (FPO) Héctor M. Abreu-Cintrón via email at hector.abreu@va.gov.

Annual Lists, Narratives, and Summaries

Associated VA Materials

Contact for Further Information

For further information, please contact the VA's Federal Preservation Officer (FPO).

These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by the ACHP of any of the products, services or opinions of the corporation or organization or individual. The ACHP bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Please contact the external site for answers to questions regarding its content, including its privacy policies.