On December 20, 2024, the ACHP issued the Program Comment on Certain Housing, Building, and Transportation Undertakings, which provides federal agencies with an alternate way to comply with Section 106<
The Advisory Council on Historic Preservation has issued a program comment for certain housing, building, and transportation undertakings available to any federal agency with an undertaking meeting its terms. The Program Comment covers activities that are either excluded from further review, as outlined in Appendix A, or that must meet certain conditions before utilizing streamlining provisions in Appendix B.
This program alternative allows a federal agency to request the ACHP comment on a category of undertakings in lieu of commenting on a case-by-case basis. The ACHP may also provide comments on its own initiative. Program comments are especially advantageous to agencies that may have repetitive management actions for a large inventory of similar historic properties or for agencies that have programs that generate a large number of similar undertakings.
Standard treatments are a program alternative that allows the ACHP to establish standardized practices for dealing with certain categories of undertakings, effects, historic properties, or treatment options. They are intended to establish best practices which encourage excellence through the application of widely accepted historic preservation practices. Federal agencies can increase the efficiency of their Section 106 reviews for undertakings that incorporate these standard treatments into project planning and design.
Although rarely sought, a federal agency may seek relief from Section 106 review for a specific category of undertakings because the effects to historic properties are known and not significant. This program alternative allows agencies to propose a program or category of agency undertaking that is exempt from further review under Section 106. The ACHP may also propose an exemption on its own initiative.
The ACHP can designate an agreement document as a prototype that can be used for the same type of program or undertaking in more than one program or area. When a federal agency uses a prototype programmatic agreement, the agency may develop and execute the agreement with the appropriate SHPO/THPO without the need for the ACHP's participation in consultation or ACHP signature.
Programmatic agreements are the most commonly used program alternative. They allow federal agencies to govern the implementation of a particular agency program or the resolution of adverse effects from complex projects or multiple undertakings similar in nature through negotiation of an agreement between the agency, appropriate SHPO(s) /THPO(s), and the ACHP. In certain circumstances, the ACHP may also designate a specific agency agreement as a prototype agreement
Alternate procedures are a program alternative that allows federal agencies to streamline the Section 106 process by tailoring the process to the agency’s programs and decision-making process. Procedures, approved by the ACHP and adopted by the agency, substitute in whole or in part for the ACHP’s Section 106 regulations under Subpart B.
