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 of the National Historic Preservation Act for the covered activities. The Program Comment addresses federal undertakings related to three sectors: housing, building rehabilitation, and alternative transportation.
Appendix A of the Program Comment provides a list of undertakings that do not require further review, including actions such as:
- Maintenance or repair of certain building elements and systems, building equipment, building interior features, and transportation fixtures and equipment;
- Certain landscaping activities;
- Installation of certain temporary structures; and
- In-kind replacement or installation of certain above-ground elements
Appendix B provides a list of undertakings that can proceed without further Section 106 review after the satisfaction of certain conditions, exclusions, or requirements. Given the complexity of Appendix B, federal agencies are encouraged to develop guidance on tailoring the use of this PC to their programs to ensure its terms can be correctly implemented by staff, contractors, applicants and others. The ACHP remains available to review such guidance; requests for review can be submitted to program_alternatives@achp.gov.
This email address can also be used for agencies requesting the ACHP’s advice regarding use of the Program Comment, per Section X.E.1.
Agencies are required to notify the ACHP of their choice to utilize the Program Comment prior to implementing its terms for any proposed undertaking. The ACHP will post national and program notifications on this webpage pursuant to Section III.A.2.
Agencies are required to report annually on their use of the Program Comment. A recommended report template is available under Related Resources, though agencies are not required to use this template.