Advisory Council on Historic Preservation SPACE FOR CAPTIONING (Delete this Text Box when Presentation is final) Advisory Council on Historic Preservation Program Comment for Communications Projects on Federal Lands and Property

Presenters Charlene Dwin Vaughn, AICP Assistant Director Office of Federal Agency Programs Dr. Tom McCulloch Office of Federal Agency Program

Advisory Council on Historic Preservation (ACHP) Independent Federal Agency Advises President and Congress on Historic Preservation Matters Oversees Section 106 Review Process

Section 106 of NHPA (the law) SPACE FOR CAPTIONING (Delete this Text Box when Presentation is final) Section 106 of NHPA (the law) Prior to taking action on an undertaking, Federal agencies must: Take into account the effects of it on historic properties; and Afford the Advisory Council on Historic Preservation a reasonable opportunity to comment

What is a program alternative? Section 800.14 of the ACHP’s regulations lays out a variety of methods available to federal agencies to meet their Section 106 obligations instead of the standard 106 process. Each alternative allows federal agencies to tailor the Section 106 process to meet their specific needs.

Program Alternatives [800.14] Alternate Procedures Exemptions Standard Treatments Program Comments Programmatic Agreements Advisory Council on Historic Preservation

What is a Program Comment? (e) Program comments. An agency official may request the Council to comment on a category of undertakings in lieu of conducting individual reviews under §§ 800.4 through 800.6. The Council may provide program comments at its own initiative.

What are the advantages of a program comment? A program comment allows a federal agency to comply with Section 106 in a single action for a class of undertakings rather than addressing each undertaking as a single action. This is advantageous to federal agencies that have repetitive management actions for a large inventory of similar types of historic properties or for those agencies that have programs that generate a large number of similar undertakings.

This Program Comment can be used by federal land and property managing agencies who must comply with the requirements of Section 106: when deploying communications activities on public lands and property; to fulfill their Section 106 responsibilities for the relevant undertakings by implementing the terms of this comment; the Program Comment also identifies certain undertakings that require no further Section 106 review under specified conditions.

Activities covered by Program Comment: Collocation of tower antennae; Above-ground connections on federal bldgs on federal land; New cables on existing poles/structures; Buried communications cable on federal lands; Tower replacement; New tower construction; Removal of obsolete equipment and towers

Advantages of using the Broadband Program Comment Expedites the review of broadband activities by: Defining the APE for certain undertakings to establish more consistent reviews on federal lands; Specifying the process for collocation on federal buildings and federal lands; Clarifying review and installation procedures for buried and aerial fiber optic lines.

How the Program Comment Works (1) Program Comments will be applied by Federal agency staff and applicants and licensees on Federal lands and properties. The Federal agency staff or must first review the FCC NPAs to see if they apply to the proposed undertaking. If they apply, along with other provisions in the Program Comment, the review can be expedited. When both federal land s and private land are involved, FCC’s Section 106 review can be carried out by the Federal LMA /PMA.

How the Program Comment Works (2) If the SHPO, THPO, Indian tribe, or NHO express concerns about the undertaking, the Federal agency staff will adhere to the standard Section 106 review. Likewise, if the undertaking involves NHL’s, National Monuments, National Historic Parks, or other properties involving these lands, the Federal agency must adhere to the standard Section 106 review. Determine the role of qualified professionals and other Federal agency staff. All reviews should be carried out in a timely manner.

Early Coordination (3) Early coordination is encouraged so that the Federal agencies can determine whether to use the Program Comment. Early coordination will also allow project proponent to avoid adverse effects on historic properties. Federal agencies and applicants can also discuss the feasibility of siting projects in previously disturbed areas.

Collocations (4) The Program Comment allows the Federal agencies the applicable exclusions in the FCC’s Collocation NPA. Many collocations require no further Section 106 review when certain conditions are met for towers, buildings, and structures. Collocations do not absolve Federal agencies and applicants and licensees from considering cumulative effects. Collocations can not be excluded from review when NHLs and State Historic Landmarks will be affected.

Above Ground Communication Connections (5) Federal LMA/PMA may use the NPA for collocations on federal buildings and non-federal buildings. Connections to buildings determined not eligible in the past 15 years do not require Section 106 review. Communications connections and collocations on listed and eligible historic properties when construction adheres to the SOI Standards.

Placement of Above-Ground Communications and Cable Lines on Existing Poles or Structures (6) No further Section 106 review required when: No new structures or polies need to be added; The structure or pole is not a historic property or contributing element in an historic district; When replacement structures or poles can be located in the same hole as the original; The replacement structures or poles are within an existing right-of-way that was surveyed; The design of replacements are consistent with the quality and appearance of the original; and The original is not a historic property and does not contribute to a historic district.

Installation of Buried Communications Cable on Federally Managed Lands (7) The APE for these activities will be the width of the construction ROW plus additional areas for staging and access. Installation and maintenance of new or replacement cable in previously disturbed areas or in existing communications or in previously disturbed soils does not require Section106 review. Installation or maintenance when there are no known historic properties within the APE. If the project is in the road, railroad, or utility ROW or nearby previously disturbed ROW, or the area from the ROW to the individual user includes a known archeological site.

Communications Tower Replacement (8) The APE for direct affects for a tower, compound and associated construction is guided by the NPA on tower siting. The APE for indirect visual effects is the geographic area in which the undertaking has the potential to introduce visual elements that diminish or alter the integrity. The APEs for visual effects is to tied to the area where the tower will be visible. Replacement of a tower within an existing facility boundary that was previously reviewed under Section 106 and effects were mitigated.

New Communications Tower Construction (9) The direct APE for a tower, compound, and associated construction is any property or portion thereof that would be physically altered or destroyed by the undertaking. The indirect APE for visual effects is the geographic area in which the undertaking has the potential to introduce visual elements that diminish or alter the integrity of the historic property, including landscapes, tied to the area from which the tower would be visible.

Removal of Obsolete Communications Equipment and Towers (10) Federal LMAs/PMAs may authorize the removal of obsolete existing communications equipment and towers and remove them with no further Section 106 review if it will not have an adverse effect on historic properties. Should a SHPO, THPO, Indian tribe or NHO object within 30 days after being notified, the Federal LMA/PMA should comply with the standard Section 106 review process.

Unanticipated Discoveries (11) Outlines how to address unidentified historic properties or unanticipated effects, including audible, atmospheric, and cumulative effects to historic properties during project implementation. Discoveries on Federal and tribal lands require compliance with Section 3 of NAGPRA and its implementing regulations. Develop a Discovery Plan as outlined in the Program Comment for inadvertent discoveries.

Reporting LMAs and PMAs individually will submit an annual report to the ACHP, NCSHPO, and NATHPO summarizing the number and type of projects reviewed under the Program Comment. LMAs and PMAs will summarize any agreements negotiated with THPOs and Indian tribes to use the Program Comment. ACHP will convene an annual meeting with Federal LMAs/PMAs, NCSHPO, NATHPO, National Trust and Industry to reexamine the Program Comment’s effectiveness.

Sunset Clause The Program Comment will expire on December 31, 2027. The Program Comment can be amended prior to that date to extend the period in which it is in effect.