ACHP Program Comment on Accessible, Climate-Resilient, Connected Communities
An aerial view of Newburgh, NY situated on the Hudson River.
The Advisory Council on Historic Preservation (ACHP) is developing a Program Comment on Accessible, Climate-Resilient, Connected Communities that aims to provide federal agencies with an alternate way to comply with their responsibilities under Section 106 of the National Historic Preservation Act. The League has been reviewing the proposed Program Comment, talking with NY SHPO staff, and following conversations happening at the national level.
Here's a summary:
A program comment is one of five types of program alternatives available in the Section 106 regulations; it essentially provides federal agencies an alternative to the traditional Section 106 consultation process and can allow the ACHP to comment on categories of undertakings in lieu of commenting on projects on a case-by-case basis.
The goal of this draft program comment is to accelerate historic preservation review for federal projects related to housing, climate-smart buildings, and climate-friendly transportation.
Rather than applying to a specific federal program or agency, this draft program comment (which you can read here) could be adopted by any and all federal agencies and, therefore, could apply to virtually all federally funded, permitted, or licensed housing or energy-efficiency projects.
It includes sensible exemptions such as maintenance and repair of landscaping and vegetation and installation of climate-friendly infrastructure like bike racks.
It also includes concerning exemptions such as the replacement of windows, doors, and insulation.
If adopted, a lot of the exemptions would effectively cut SHPOs out of the Section 106 process and eliminate opportunities for local consultation and public comment. It would leave decision-making to the federal agencies, their 106 consultants, and the ACHP.
What are other preservation partners saying in response?
The National Conference of State Historic Preservation Officers (NCSHPO) has issued a response, which expresses concerns over the broad scope and lack of public consultation proposed in the current program comment.
NY SHPO staff are carefully reviewing the proposed Program Comment and will be submitting their own response.
What can you do?
Join our sign-on letter. Over the next few weeks, the League will be drafting a sign-on letter, expressing broad concerns. We'll send that out for Colleagues to review soon.
Attend an informational webinar. Although the ACHP has already held their own webinars, the National Preservation Partners Network (NPPN) has a recording of their webinar with ACHP Chair Bronin available here (password: R3g1W0I$). The National Alliance of Preservation Commissions (NACP) is also hosting a webinar tomorrow, Thursday, September 18 at 2:00 p.m. Click here to register.
If your organization wishes to draft its own letter, comments are due October 9.