Advisory Council on Historic Preservation (ACHP) members voted on April 3 to issue a program comment that provides the Department of the Army with an alternate way to comply with certain responsibilities under Section 106 of the National Historic Preservation Act. This program comment for Army Warfighting Readiness and Associated Infrastructure (Program Comment) applies to warfighting readiness activities and associated infrastructure and goes into effect immediately. The full text of the Program Comment will be published in a forthcoming Federal Register notice.
The Program Comment tailors the Army’s Section 106 compliance to a tiered system based on property type. The undertakings covered by the Program Comment include military training, testing, equipping, and industrial activities on installations, and management actions occurring on associated infrastructure.
The consideration of a program comment for this category of actions began in the summer of 2025, with the Army soliciting public comment and hosting six consultation meetings with key stakeholders. The ACHP also carried out consultation and engaged with State Historic Preservation Officers, Tribal Historic Preservation Officers, Indian Tribes (Tribes), and Native Hawaiian Organizations (NHO) on the proposal and accepted public comment. ACHP members discussed the Army’s proposal at the ACHP’s February 12, 2026, business meeting, during which ACHP members voted to request the Army consent to extend the ACHP’s time to consider the Program Comment. The additional time provided ACHP and Army staff with the opportunity to further refine the proposal, limiting its application to Army installations, providing more detail on consultation with Tribes and NHOs, strengthening discovery provisions, and specifying the Program Comment will be in effect until December 31, 2055.
A program comment is one among a number of regulatory tools the ACHP can use to provide greater flexibility and tailored approaches for federal agencies as they work to ensure historic preservation interests are balanced with development needs.