Notice of Department of Defense Adoption of a Program Comment for DoD Rehabilitation Treatment Measures, 76346-76347 [E8-29667]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Notices]
[Pages 76346-76347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29667]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Notice of Department of Defense Adoption of a Program Comment for 
DoD Rehabilitation Treatment Measures

AGENCY: Department of Defense.

ACTION: Notice of Department of Defense (DoD) Adoption of a Program 
Comment for DoD Rehabilitation Treatment Measures (Program Comment).

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SUMMARY: This provides notice of the DoD adoption of the Advisory 
Council on Historic Preservation's (ACHP's) Program Comment for DoD 
Rehabilitation Treatment Measures. The Program Comment provides DoD 
with an alternative way to comply with its responsibilities under 
Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, 
and its implementing regulations, 36 CFR part 800 (Section 106), with 
regard to the effects of rehabilitation treatment measures.

DATES: The Program Comment went into effect on November 14, 2008.

ADDRESSES: Copies of the Program Comment are available on the Defense 
Environmental Network Information eXchange (DENIX) Web site at https://
www.denix.osd.mil/ProgramAlternatives.

FOR FURTHER INFORMATION CONTACT: Brian Lione, Deputy Federal 
Preservation Officer, Department of Defense, 3400 Defense Pentagon Room 
5C646, Washington, DC 20301-3400. Fax (703) 607-3124. 
brian.lione@osd.mil.

    Dated: December 10, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.

SUPPLEMENTARY INFORMATION: On November 14, 2008, the ACHP approved and 
issued to DoD a Program Comment for DoD Rehabilitation Treatment 
Measures. The following information includes the full text of the 
Program Comment. Copies of appurtenant rehabilitation treatment 
measures are available at the DENIX Web address listed above.

Program Comment for Department of Defense

Rehabilitation Treatment Measures

    I. Establishment and Authority: This Program Comment was issued by 
the ACHP on November 14, 2008 pursuant to 36 CFR 800.14(e).
    It provides DoD with an alternative way to comply with its 
responsibilities under Section 106 of the National Historic 
Preservation Act, 16 U.S.C. 470f, and its implementing regulations, 36 
CFR part 800 (Section 106), with regard to the effects of 
rehabilitation treatment measures [available at https://
www.denix.osd.mil/ProgramAlternatives] to this Program Comment.
    The intent of this Program Comment is to reduce compliance 
timeframes for routine repair and maintenance undertakings involving 
historic properties where DoD chooses to repair and maintain those 
resources in accordance with the Secretary of the Interior's Standards 
for Rehabilitation, 36 CFR part 67 (Secretary's Standards for 
Rehabilitation).
    II. Applicability to Department of Defense: Only DoD may use this 
Program Comment.
    III. Date of Effect: This Program Comment [went] into effect on 
November 14, 2008.
    IV. Use of Rehabilitation Treatment Measures To Comply With Section 
106 Regarding Their Effects:
    (1) DoD may comply with Section 106 regarding the effects of 
rehabilitation treatment measures on historic properties, and those 
properties whose eligibility has not yet been determined, by:
    (i) Conducting such work as provided by the relevant rehabilitation 
treatment measure(s) [available at https://www.denix.osd.mil/
ProgramAlternatives], in conformance with the implementation guidance 
documents numbered 01060.01 and 01091.01 in those [documents];
    (ii) Ensuring that all work described in the rehabilitation 
treatment measures is conducted under the supervision and approval of a 
cultural resources professional who meets the relevant standards 
outlined in the Secretary of the Interior's Professional Qualification 
Standards, pursuant to 36 CFR part 61 (Secretary's Standards on 
Professional Qualification); and
    (iii) Keeping a record, at the relevant DoD installation, detailing 
each use of a rehabilitation treatment measure under this Program 
Comment for no less than five years from the final date of the 
implementation of the rehabilitation treatment measure. Each record 
must include the following information:
    (a) A description of the implementation of the rehabilitation 
treatment measure (including the specific location of the treatment);
    (b) The date(s) when the rehabilitation treatment measure was 
implemented;
    (c) The name(s) of the personnel that carried out and/or supervised 
the use of the rehabilitation treatment measure;
    (d) A summary of the treatment implementation, indicating how the 
rehabilitation treatment measure was carried out, any problems that 
arose, and the final outcome; and
    (e) A summary of any refinements to the rehabilitation treatment 
measures that the installation and relevant State Historic Preservation 
Officer (SHPO) has agreed upon per Stipulation IV(4), below.
    DoD must provide copies of these records, within a reasonable 
timeframe, when requested by the ACHP or the relevant SHPO.
    (2) Before it begins using this Program Comment, a DoD installation 
must provide written notification to the relevant SHPO stating that it 
intends to begin using it and specifying which rehabilitation treatment 
measures it deems appropriate for use with regard to the historic 
properties at the installation. The installation may begin using this 
Program Comment 30 days after such notification.
    (3) A DoD installation must also provide written notification to 
the relevant SHPO when it intends to begin using a rehabilitation 
treatment measure that has been added to this Program Comment per 
Stipulation VI. The installation may begin using such an added 
rehabilitation treatment measure 30 days after such notification.
    (4) If, in the opinion of a DoD personnel or DoD contractor meeting 
the Secretary's Standards on Professional Qualification, quantifiable 
scientific or qualitative historic data indicates that a rehabilitation 
treatment measure covered by this Program Comment should be refined to 
accommodate a specific material or rehabilitation technique that is 
more suitable for the relevant historic properties at the installation 
and/or that more specifically meets the intent of the Secretary's 
Standards for Rehabilitation, the installation shall notify the 
relevant SHPO of that proposed refinement. (An example of a refinement 
would be the selection of a mortar joint profile appropriate for the 
historic property under consideration.) If, within 30 days of receiving 
that notification, the

[[Page 76347]]

relevant SHPO disputes whether the proposed refinement to the 
rehabilitation treatment measure meets the Secretary's Standards for 
Rehabilitation, the installation and the relevant SHPO shall consult to 
attempt to resolve that dispute. If the relevant SHPO and the 
installation agree to a proposed refinement, or the relevant SHPO fails 
to dispute it within the 30 day period, the installation may proceed in 
accordance with the proposed refinement. Consultation about, and 
agreement or disagreement regarding, proposed refinements does not 
affect the ability of an installation to continue using this Program 
Comment and any of its existing rehabilitation treatment measures.
    V. Program Comment Does not Cover Aspects of Undertakings Beyond 
the Specific Rehabilitation Treatment Measures: While DoD may comply 
with Section 106 regarding the effects of rehabilitation treatment 
measures on historic properties in accordance with this Program 
Comment, the effects of those aspects of its undertakings that are not 
specifically covered by the appended rehabilitation treatment measures 
must still undergo Section 106 review in accordance with the process 
found at 36 CFR 800.3 through 800.7, or applicable alternatives under 
36 CFR 800.14 other than this Program Comment. For example, a DoD 
undertaking that includes the treatment of the exterior masonry of a 
historic building (in accordance with a rehabilitation treatment 
measure of this Program Comment) and the demolition of its interior 
walls, will still have to undergo Section 106 review outside this 
Program Comment for those aspects of the undertaking involving the 
demolition of the interior walls.
    VI. Process for Adding or Updating Rehabilitation Treatment 
Measures: While this Program Comment, as originally adopted, was 
limited to five rehabilitation treatment measures, the ACHP expects 
more rehabilitation treatment measures to be added to it. The ACHP also 
expects that rehabilitation treatment measures included in the Program 
Comment may eventually need updating. Accordingly, rehabilitation 
treatment measures may be added to this Program Comment, or updated, as 
follows:
    (1) DoD will notify the ACHP, the National Conference of State 
Historic Preservation Officers (NCHSPO), and DOI (collectively, 
parties) that it wants to add a rehabilitation treatment measure to the 
Program Comment, or to update a rehabilitation treatment measure that 
is already a part of the Program Comment. Such a notification will 
include a draft of the proposal.
    (2) The parties will provide a copy of the draft to the National 
Trust for Historic Preservation, the American Institute of Architects, 
the American Institute for the Conservation of Historic and Artistic 
Works, and the Association for Preservation Technology, and consult 
with them before finalizing the proposal. The parties may invite other 
entities, including members of professional associations with expertise 
on the particular subject matter of the proposed rehabilitation 
treatment measure or update, to the consultation.
    (3) After such consultation, DoD will submit the finalized version 
to DOI with a request for confirmation from DOI that the proposed 
rehabilitation treatment measure or update meets the criteria set forth 
in the Secretary's Standards for Rehabilitation. DOI will have 45 days 
to provide a written response to DoD. Should DOI determine that the 
proposed rehabilitation treatment measure or update does not meet the 
Secretary's Standards for Rehabilitation, DoD may consult with those 
listed on sub-stipulations (1) and (2), above, and revise the proposal 
for reconsideration by DOI.
    (4) After DOI confirmation that the proposal meets the Secretary's 
Standards for Rehabilitation, or after the allotted 45 days pass 
without a DOI response (at which point, DOI confirmation will be 
assumed), DoD may submit the finalized version to the ACHP Executive 
Director. If the ACHP Executive Director approves it, the ACHP will 
publish a notice of availability of the approved addition or update in 
the Federal Register. The addition or update will go into effect upon 
such publication.
    VII. Process for Removing Rehabilitation Treatment Measures: The 
ACHP may remove a rehabilitation treatment measure from the Program 
Comment by publishing a Federal Register notice to that effect. The 
Program Comment will continue to operate with the other rehabilitation 
treatment measures that have not been removed.
    VIII. Latest Version of the Program Comment: DoD and/or the ACHP 
will include the most current version of the Program Comment (with the 
latest amendments and updates) in a publicly accessible Web site. The 
latest Web address for that site will be included in each of the 
Federal Register notices for amending, removing or updating 
rehabilitation treatment measures in the Program Comment. This document 
and its appended rehabilitation measures will initially be available at 
https://www.denix.osd.mil/ProgramAlternatives.
    IX. Annual Reports and Meetings: The parties shall meet once a 
year, in November, to discuss the implementation of the Program Comment 
and to consider whether rehabilitation treatment measures that have not 
been updated in five years should be updated in accordance with 
Stipulation VI. At least 60 days prior to such meetings, the parties 
may request of DoD more information on any issues at specific military 
installations. DoD will collect information from these military 
installations on their experience, for the previous twelve months, on 
how often and where the Program Comment has been utilized, examples of 
successful implementation, and examples of failures or problems with 
implementation.
    X. Amendment: The ACHP may amend this Program Comment (other than 
the * * * rehabilitation treatment measures themselves, which are 
amended according to Stipulations VI and VII, above) after consulting 
with the parties and publishing a Federal Register notice to that 
effect.
    XI. Termination: The ACHP may terminate this Program Comment by 
publication of a notice in the Federal Register 30 days before the 
termination takes effect.
    XII. Sunset Clause: This Program Comment will terminate on its own 
accord on November 1, 2018, unless it is amended before that date to 
extend that period.
    XIII. Historic Properties in Tribal Lands and Historic Properties 
of Significance to Indian Tribes and Native Hawaiian Organizations: 
This Program Comment does not apply in connection with effects to 
historic properties that are located on tribal lands and/or that are of 
religious and cultural significance to Indian tribes or Native Hawaiian 
organizations.
    XIV. Definitions: The definitions found at 36 CFR part 800 apply to 
the terms used in this Program Comment.
    XV. Rehabilitation Treatment Measure Appendices: [see https://
www.denix.osd.mil/ProgramAlternatives].

    Authority: 36 CFR 800.14(e).


    Dated: Date of submission.
Signed: Maureen Sullivan,
Director, Environmental Management.
[FR Doc. E8-29667 Filed 12-15-08; 8:45 am]
BILLING CODE 5001-06-P