Extension of the Duration of Programmatic Agreements Based on the Department of Energy Prototype Programmatic Agreement for Its Weatherization Assistance Program, State Energy Program, and Energy Efficiency and Conservation Block Grant; Notice of Program Comment, 16275-16277 [2013-05917]
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Notices
ADVISORY COUNCIL ON HISTORIC
PRESERVATION
Extension of the Duration of
Programmatic Agreements Based on
the Department of Energy Prototype
Programmatic Agreement for Its
Weatherization Assistance Program,
State Energy Program, and Energy
Efficiency and Conservation Block
Grant; Notice of Program Comment
Advisory Council on Historic
Preservation.
ACTION: The Advisory Council on
Historic Preservation has issued a
Program Comment for Extending the
Duration of Programmatic Agreements
based on the Department of Energy
Prototype Programmatic Agreement for
its Weatherization Assistance Program,
State Energy Program, and Energy
Efficiency and Conservation Block
Grant.
AGENCY:
The Advisory Council on
Historic Preservation (ACHP) issued a
Program Comment at the request of the
U.S. Department of Energy that allows
its program of tailored compliance with
Section 106 of the National Historic
Preservation Act to continue under the
prototype Programmatic Agreement
(PA) for the Office of Weatherization
and Intergovernmental Programs
Weatherization Related Grant Programs:
Weatherization Assistance Program
(WAP), State Energy Program (SEP), and
Energy Efficiency and Conservation
Block Grant (EECBG).
DATES: The Program Comment was
issued by the ACHP on March 11, 2013.
ADDRESSES: Address all comments
concerning the Program Comment to
Lee Webb, Liaison to the Department of
Energy, Office of Federal Agency
Programs, Advisory Council on Historic
Preservation, 1100 Pennsylvania
Avenue NW., Suite 803, Washington,
DC 20004. You may also submit
comments via fax at (202) 606–8647 or
via electronic mail at lwebb@achp.gov.
FOR FURTHER INFORMATION CONTACT: Lee
Webb, (202) 606–8583, lwebb@achp.gov.
SUPPLEMENTARY INFORMATION: Section
106 of the National Historic
Preservation Act requires federal
agencies to consider the effects of their
undertakings on historic properties and
to provide the ACHP a reasonable
opportunity to comment with regard to
such undertakings. The ACHP has
issued the regulations that set forth the
process through which federal agencies
comply with these duties. Those
regulations are codified under 36 CFR
part 800 (Section 106 regulations).
Under Section 800.14(e) of those
regulations, agencies can request the
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SUMMARY:
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ACHP to provide a ‘‘Program Comment’’
on a particular category of undertakings
in lieu of conducting individual reviews
of each individual undertaking under
such category, as set forth in 36 CFR
800.4 through 800.7. An agency can
meet its Section 106 responsibilities
with regard to the effects of those
undertakings by taking into account the
ACHP’s Program Comment and
following the steps set forth in that
comment.
I. Background
The ACHP has issued a Program
Comment to the U.S. Department of
Energy (DOE) to extend the duration of
agreements based on the DOE prototype
PA for its WAP, SEP, and EECBG
programs. The ACHP membership voted
in favor of issuing the Program
Comment via an unassembled vote that
concluded on March 11, 2013.
The Program Comment extends the
duration of the existing 44 agreements
executed under the prototype PA until
December 31, 2020, and provides the
same duration period for any future
agreements that may be executed under
the prototype PA. Nothing in the
Program Comment alters or modifies
any other provisions of the prototype
PA or the 44 agreements, including the
ability of the parties to amend or
terminate an executed agreement prior
to the expiration date.
According to the requirements for
obtaining a Program Comment, the DOE
formally requested the ACHP comment
on its continuing use of the prototype
PA to tailor its Section 106 compliance
for undertakings funded by WAP, SEP,
and EECBG in each state in lieu of
renegotiating and amending each
executed agreement. The prototype PA
provided a suggested duration clause of
three years for each agreement from the
date of final signature and filing with
ACHP. As a result, DOE currently has 44
executed agreements based on the
prototype PA, with various expiration
dates dependent on their respective
dates of execution. The first PAs will
start expiring in mid-March of 2013 and,
with these first expiration dates fast
approaching, there is an immediate
need to extend the expiration date of the
PAs developed under the prototype PA.
The use of the Program Comment to
achieve this goal avoids the need to
negotiate extensions to each of the 44
individual agreements. The ACHP has
concluded that the use of a Program
Comment to achieve this goal is the
most efficient mechanism for doing so
and the most expedient way to ensure
that these successful agreements remain
in force.
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The Program Comment does not
restrict the use and application of the
prototype PA in states where they have
not yet been developed by allowing any
new agreements developed under the
prototype to extend to 2020. This
provides continuity in the Section 106
review for those undertakings covered
by existing agreements and any new
agreements executed under the
prototype PA. By extending the duration
of these agreements, the Program
Comment provides the DOE, SHPOs,
and state agency recipients with the
option to continue operating under the
prototype PA and the subsequently
executed agreements. However, any
party may amend or terminate an
agreement in accordance with the
amendment and termination provisions
prior to December 31, 2020.
The ACHP received DOE’s request for
the Program Comment on January 31,
2013, and took steps to inform the
public and stakeholders about the
proposed Program Comment. Prior to
receiving the formal request from DOE,
ACHP hosted, with DOE’s participation,
listening sessions for State Historic
Preservation Officers (SHPOs) to discuss
the upcoming expiration of the
agreements executed under the
prototype PA and the possibility of
developing a new program alternative.
The ACHP and DOE then coordinated to
develop the text of the Program
Comment. The ACHP published a notice
of the proposed Program Comment in
the Federal Register on February 22,
2013, for a one-week comment period
(78 FR 12336–12337).
In accordance with 36 CFR 800.14(e),
the ACHP is responsible for obtaining
the views of SHPOs and Tribal Historic
Preservation Officers (THPOs) before
reaching a decision on issuing a
Program Comment. On February 22,
2013, the ACHP notified SHPOs and the
Section 106 contacts for Indian tribes
and Native Hawaiian organizations of
the proposed Program Comment via
electronic mail and asked for their
review and comment. The DOE
provided the draft Program Comment
and brief background narrative to its
state agency recipients for their review
and comment. All comments on the
draft Program Comment from SHPOs,
THPOs, Indian tribes, Native Hawaiian
organizations, DOE state agency
recipients, and members of the public
were due to ACHP staff on March 1,
2013.
Various substantive comments from
stakeholders and the public were
received and considered by the ACHP,
as noted below. The majority of
comments received were in support of
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Notices
the Program Comment and did not
require any revisions to the draft.
Two SHPO comments asked for
clarification as to whether the Program
Comment would apply to state level
interagency agreements that were
developed prior to the prototype PA.
Under Stipulation III of the prototype
PA, DOE can choose to recognize an
interagency agreement if the agreement
closely resembled the prototype PA in
establishing review efficiencies and
providing exemptions from review for
routine activities. To recognize such an
agreement under the prototype PA,
DOE, the SHPO and the state agency
receiving DOE funds would sign a cover
agreement. In response to these
comments, the Program Comment was
revised to clarify that it would be
applicable to agreements recognized via
cover agreement under Stipulation III of
the prototype PA.
Another SHPO comment asked for
clarification as to whether the
signatories on the executed PAs (DOE,
SHPOs, and state agency recipients)
were required to take any additional
action to extend the PA, once the
Program Comment was issued. To
address this comment, the Program
Comment was revised to include
language that stated, ‘‘by the issuance of
the Program Comment,’’ the PAs based
on the DOE prototype PA could extend
through December 31, 2020. The ACHP
and DOE will send follow-up guidance
to the stakeholders as needed to clarify
the Program Comment’s applicability
and use.
Another comment asked for
clarification about how the prototype
PA itself was developed and
implemented and whether there was
any tribal involvement in DOE projects
in Washington and Oregon. The ACHP
is preparing a written response to this
commenter to explain the development
of the prototype PA, and is coordinating
with DOE to provide the additional
information as requested. No revisions
were made to the Program Comment as
a result of this comment.
The remaining comments from state
agencies and SHPOs expressed support
for the Program Comment and did not
require any revisions to the draft text.
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II. Final Text of the Program Comment
The following is the text of the issued
Program Comment:
Program Comment To Extend the
Duration of Agreements Executed
Under the Department of Energy’s
Prototype Programmatic Agreement
I. Introduction
The Department of Energy’s (DOE)
Office of Weatherization and
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Intergovernmental Programs (OWIP)
provides financial assistance to state
agency applicants for three
weatherization related grant programs:
Weatherization Assistance Program
(WAP), State Energy Program (SEP), and
Energy Efficiency and Conservation
Block Grant (EECBG). DOE has
determined that activities carried out by
these funded programs constitute
undertakings with the potential to affect
historic properties. Therefore, DOE must
comply with Section 106 and its
implementing regulations, 36 CFR Part
800, for these undertakings.
The Advisory Council on Historic
Preservation (ACHP) and DOE began a
partnership in August 2009 to explore
possible program alternatives to tailor
the Section 106 process for these
undertakings in anticipation of the
dramatic increase in project funding as
a result of American Recovery and
Reinvestment Act. DOE, in consultation
with the ACHP and the National
Conference of State Historic
Preservation Officers (NCSHPO),
developed a prototype Programmatic
Agreement (PA) to cover three
weatherization related grant programs
and to create efficiencies in the
administration of these OWIP grants:
WAP, SEP, and EECBG. The prototype
PA identifies a category of routine
undertakings with limited potential to
affect historic properties and exempts
them from further review. The ACHP’s
Chairman designated the prototype PA
on February 8, 2010. Under the terms of
the prototype PA, DOE, the State
Historic Preservation Officer (SHPO),
and the relevant state agency receiving
OWIP grants can execute subsequent
agreements without ACHP involvement.
Execution of an agreement pursuant to
the prototype PA presumes that DOE
will conduct its government-togovernment consultation
responsibilities with federal recognized
Indian tribes and its Section 106
consultation requirements with Native
Hawaiian organizations. If DOE is
notified that a particular undertaking
may result in an adverse effect on
historic properties of religious and
cultural significance to Indian tribes or
Native Hawaiian organizations, DOE
must invite such Indian tribes or Native
Hawaiian organizations to participate in
consultation for the affected project.
Since its designation, DOE has used
the prototype PA to successfully
negotiate and execute 44 programmatic
agreements with SHPOs and state
agencies receiving DOE OWIP grants.
DOE’s direct recipients may use the
executed state agreement developed
under the prototype PA as well. The
prototype PA initially proposed a three
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year duration clause from the time of
execution and filing with the ACHP. As
a result, the 44 agreements executed
under the prototype PA have different
expiration dates. Several of the
agreements will expire in mid-March
2013. It is now DOE’s and the ACHP’s
intention that these agreements should
extend beyond the three year term.
II. Background
During the development of the
prototype PA in 2009, the ACHP invited
SHPOs, Indian tribes, and Native
Hawaiian organizations to participate in
a series of teleconferences to discuss the
prototype PA and share information on
which DOE programs would be covered
by the new program alternative. The
tribes that participated in the
teleconferences noted that the vast
majority of funding from the three
programs did not relate to undertakings
on or affecting historic properties on
tribal lands, and were not interested in
participating further in the process to
develop the prototype PA. The SHPOs
were generally supportive of DOE’s
intent to pursue a program alternative
such as the prototype PA that would
assist them in managing their workload
by streamlining the review of certain
undertakings. Further, the SHPOs liked
the format of the prototype PA as they
would be able to modify individual
agreements under its terms to account
for state-specific issues.
As a result of the partnership with
ACHP and the development and the
administration of the prototype PA,
DOE established internal and external
training; recognized best management
practices; and utilized DOE guidance
and directives to ensure that the DOE
weatherization programs were properly
implemented in compliance with
Section 106. The prototype PA
established review efficiencies and
protocols which allowed for the grant
programs to expedite the weatherization
efforts of the homes of many low
income individuals across the country,
as well as assisted communities in
funding energy efficiency, renewable
energy, and weatherization projects for
public buildings such as schools and
courthouses. Due to the success of the
prototype PA for DOE’s weatherization
programs, other departments within
DOE have sought ACHP’s and OWIP
staff’s guidance and direction for
meeting their historic preservation
compliance responsibilities.
In the past year, DOE and the ACHP
have discussed how to extend and build
upon the program established by the
prototype PA. In December 2012, DOE
and the ACHP held listening sessions
with SHPOs. The discussions focused
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Notices
on the effectiveness of the prototype PA
and the feasibility of pursuing a new
program alternative. The SHPOs that
participated in those listening sessions
were generally supportive of the
development, implementation, and
effectiveness of the prototype PA and
expressed a preference to continue
using the PAs to provide streamlining of
reviews and other review efficiencies.
Further, in developing the text of this
Program Comment, the ACHP provided
an opportunity for SHPOs, Indian tribes,
Native Hawaiian organizations, and
state agencies to comment on its
applicability and terms.
This Program Comment extends the
duration of the existing 44 agreements
executed under the prototype PA until
December 31, 2020, and provides the
same duration period for any future
agreements that may be executed under
the prototype PA. Nothing in this
Program Comment alters or modifies
any other provisions of the prototype
PA or the 44 agreements, including the
ability of the parties to amend or
terminate an executed agreement prior
to the expiration date.
III. Establishment and Authority
This Program Comment was issued by
the ACHP on March 11, 2013 pursuant
to 36 CFR 800.14(e).
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IV. Date of Effect
This Program Comment went into
effect on March 11, 2013.
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Jkt 229001
VI. Amendment
The ACHP may amend this Program
Comment after consulting with DOE,
NCSHPO, and other parties as
appropriate, and publishing notice in
the Federal Register to that effect.
VII. Sunset Clause
This Program Comment will terminate
on December 31, 2020, unless it is
amended to extend the period in which
it is in effect.
VIII. Termination
The ACHP may terminate this
Program Comment by publication of a
notice in the Federal Register thirty (30)
days before the termination takes effect.
Authority: 36 CFR 800.14(e).
Dated: March 11, 2013.
John M. Fowler,
Executive Director.
[FR Doc. 2013–05917 Filed 3–13–13; 8:45 am]
BILLING CODE 4310–K6–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
V. Use of This Program Comment To
Extend the Duration of the Existing
Agreements Executed Under the DOE
Prototype PA and for New Agreements
Executed Pursuant to the Prototype PA
By the issuance of this Program
Comment, the DOE may continue,
through December 31, 2020, complying
with its responsibilities under Section
106 of the National Historic
Preservation Act for its WAP, SEP, and
EECBG in the relevant States using the
44 agreements currently executed,
including those agreements that were
recognized by Stipulation III, and those
to be executed, under the ‘‘Prototype
Programmatic Agreement between the
United States Department of Energy, the
State Energy Office and the State
Historic Preservation Office regarding
EECBG, SEP and WAP Undertakings,’’
designated by the ACHP on February 8,
2010, regardless of the duration clause
of those agreements. However, if any of
those agreements is terminated under its
own terms, DOE may no longer use it to
comply with its Section 106
responsibilities in the relevant State.
This will provide continuity in the
Section 106 review for those
VerDate Mar<15>2010
undertakings covered by the existing
and any new agreements executed
under the prototype PA. This Program
Comment does not alter or modify any
provisions of the prototype PA or the 44
executed agreements other than their
duration clauses.
[Docket No. FR–5683–N–23]
Notice of Submission of Proposed
Information Collection to OMB: Low
Income Housing Tax Credit Database
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
The proposed information
collection requirement described below
has been submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. HUD is soliciting public
comments on the subject proposal.
Section 2835(d) of the Housing and
Economic Recovery Act, or HERA, (Pub.
L. 110–289, approved July 30, 2008)
amends Title I of the U.S. Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (1937
Act) to add a new section 36 (to be
codified as 42 U.S.C. 1437z–8) that
requires each state agency administering
tax credits under section 42 of the
Internal Revenue Code of 1986 (lowincome housing tax credits or LIHTC) to
furnish HUD, not less than annually,
information concerning the race,
ethnicity, family composition, age,
income, use of rental assistance under
SUMMARY:
PO 00000
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16277
section 8(o) of the U.S. Housing Act of
1937 or other similar assistance,
disability status, and monthly rental
payments of households residing in
each property receiving such credits
through such agency. New section 36
requires HUD to establish standards and
definitions for the information to be
collected by state agencies and to
provide states with technical assistance
in establishing systems to compile and
submit such information and, in
coordination with other federal agencies
administering housing programs,
establish procedures to minimize
duplicative reporting requirements for
properties assisted under multiple
housing programs. In 2010, OMB
approved the first collection instrument
used for the collection of LIHTC
household information (OMB Approval
No. 2528–0165, expiration date 05/31/
2013). HUD used the previously
approved form to collect data on LIHTC
tenants in 2009, 2010 and 2011.
Renewal of this form is required for
HUD to remain in compliance with the
statute.
DATES: Comments Due Date: April 15,
2013.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
approval Number (2528–0165) and
should be sent to: HUD Desk Officer,
Office of Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806. Email:
OIRA_Submission@omb.eop.gov fax:
202–395–5806.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard., Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 Seventh
Street SW., Washington, DC 20410;
email Colette Pollard at
Colette.Pollard@hud.gov. or telephone
(202) 402–3400. This is not a toll-free
number. Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD has
submitted to OMB a request for
approval of the Information collection
described below. This notice is
soliciting comments from members of
the public and affecting agencies
concerning the proposed collection of
information to: (1) Evaluate whether the
proposed collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; (2) Evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
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]]>Agencies
[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Notices]
[Pages 16275-16277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05917]
[[Page 16275]]
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
Extension of the Duration of Programmatic Agreements Based on the
Department of Energy Prototype Programmatic Agreement for Its
Weatherization Assistance Program, State Energy Program, and Energy
Efficiency and Conservation Block Grant; Notice of Program Comment
AGENCY: Advisory Council on Historic Preservation.
ACTION: The Advisory Council on Historic Preservation has issued a
Program Comment for Extending the Duration of Programmatic Agreements
based on the Department of Energy Prototype Programmatic Agreement for
its Weatherization Assistance Program, State Energy Program, and Energy
Efficiency and Conservation Block Grant.
-----------------------------------------------------------------------
SUMMARY: The Advisory Council on Historic Preservation (ACHP) issued a
Program Comment at the request of the U.S. Department of Energy that
allows its program of tailored compliance with Section 106 of the
National Historic Preservation Act to continue under the prototype
Programmatic Agreement (PA) for the Office of Weatherization and
Intergovernmental Programs Weatherization Related Grant Programs:
Weatherization Assistance Program (WAP), State Energy Program (SEP),
and Energy Efficiency and Conservation Block Grant (EECBG).
DATES: The Program Comment was issued by the ACHP on March 11, 2013.
ADDRESSES: Address all comments concerning the Program Comment to Lee
Webb, Liaison to the Department of Energy, Office of Federal Agency
Programs, Advisory Council on Historic Preservation, 1100 Pennsylvania
Avenue NW., Suite 803, Washington, DC 20004. You may also submit
comments via fax at (202) 606-8647 or via electronic mail at
lwebb@achp.gov.
FOR FURTHER INFORMATION CONTACT: Lee Webb, (202) 606-8583,
lwebb@achp.gov.
SUPPLEMENTARY INFORMATION: Section 106 of the National Historic
Preservation Act requires federal agencies to consider the effects of
their undertakings on historic properties and to provide the ACHP a
reasonable opportunity to comment with regard to such undertakings. The
ACHP has issued the regulations that set forth the process through
which federal agencies comply with these duties. Those regulations are
codified under 36 CFR part 800 (Section 106 regulations).
Under Section 800.14(e) of those regulations, agencies can request
the ACHP to provide a ``Program Comment'' on a particular category of
undertakings in lieu of conducting individual reviews of each
individual undertaking under such category, as set forth in 36 CFR
800.4 through 800.7. An agency can meet its Section 106
responsibilities with regard to the effects of those undertakings by
taking into account the ACHP's Program Comment and following the steps
set forth in that comment.
I. Background
The ACHP has issued a Program Comment to the U.S. Department of
Energy (DOE) to extend the duration of agreements based on the DOE
prototype PA for its WAP, SEP, and EECBG programs. The ACHP membership
voted in favor of issuing the Program Comment via an unassembled vote
that concluded on March 11, 2013.
The Program Comment extends the duration of the existing 44
agreements executed under the prototype PA until December 31, 2020, and
provides the same duration period for any future agreements that may be
executed under the prototype PA. Nothing in the Program Comment alters
or modifies any other provisions of the prototype PA or the 44
agreements, including the ability of the parties to amend or terminate
an executed agreement prior to the expiration date.
According to the requirements for obtaining a Program Comment, the
DOE formally requested the ACHP comment on its continuing use of the
prototype PA to tailor its Section 106 compliance for undertakings
funded by WAP, SEP, and EECBG in each state in lieu of renegotiating
and amending each executed agreement. The prototype PA provided a
suggested duration clause of three years for each agreement from the
date of final signature and filing with ACHP. As a result, DOE
currently has 44 executed agreements based on the prototype PA, with
various expiration dates dependent on their respective dates of
execution. The first PAs will start expiring in mid-March of 2013 and,
with these first expiration dates fast approaching, there is an
immediate need to extend the expiration date of the PAs developed under
the prototype PA. The use of the Program Comment to achieve this goal
avoids the need to negotiate extensions to each of the 44 individual
agreements. The ACHP has concluded that the use of a Program Comment to
achieve this goal is the most efficient mechanism for doing so and the
most expedient way to ensure that these successful agreements remain in
force.
The Program Comment does not restrict the use and application of
the prototype PA in states where they have not yet been developed by
allowing any new agreements developed under the prototype to extend to
2020. This provides continuity in the Section 106 review for those
undertakings covered by existing agreements and any new agreements
executed under the prototype PA. By extending the duration of these
agreements, the Program Comment provides the DOE, SHPOs, and state
agency recipients with the option to continue operating under the
prototype PA and the subsequently executed agreements. However, any
party may amend or terminate an agreement in accordance with the
amendment and termination provisions prior to December 31, 2020.
The ACHP received DOE's request for the Program Comment on January
31, 2013, and took steps to inform the public and stakeholders about
the proposed Program Comment. Prior to receiving the formal request
from DOE, ACHP hosted, with DOE's participation, listening sessions for
State Historic Preservation Officers (SHPOs) to discuss the upcoming
expiration of the agreements executed under the prototype PA and the
possibility of developing a new program alternative. The ACHP and DOE
then coordinated to develop the text of the Program Comment. The ACHP
published a notice of the proposed Program Comment in the Federal
Register on February 22, 2013, for a one-week comment period (78 FR
12336-12337).
In accordance with 36 CFR 800.14(e), the ACHP is responsible for
obtaining the views of SHPOs and Tribal Historic Preservation Officers
(THPOs) before reaching a decision on issuing a Program Comment. On
February 22, 2013, the ACHP notified SHPOs and the Section 106 contacts
for Indian tribes and Native Hawaiian organizations of the proposed
Program Comment via electronic mail and asked for their review and
comment. The DOE provided the draft Program Comment and brief
background narrative to its state agency recipients for their review
and comment. All comments on the draft Program Comment from SHPOs,
THPOs, Indian tribes, Native Hawaiian organizations, DOE state agency
recipients, and members of the public were due to ACHP staff on March
1, 2013.
Various substantive comments from stakeholders and the public were
received and considered by the ACHP, as noted below. The majority of
comments received were in support of
[[Page 16276]]
the Program Comment and did not require any revisions to the draft.
Two SHPO comments asked for clarification as to whether the Program
Comment would apply to state level interagency agreements that were
developed prior to the prototype PA. Under Stipulation III of the
prototype PA, DOE can choose to recognize an interagency agreement if
the agreement closely resembled the prototype PA in establishing review
efficiencies and providing exemptions from review for routine
activities. To recognize such an agreement under the prototype PA, DOE,
the SHPO and the state agency receiving DOE funds would sign a cover
agreement. In response to these comments, the Program Comment was
revised to clarify that it would be applicable to agreements recognized
via cover agreement under Stipulation III of the prototype PA.
Another SHPO comment asked for clarification as to whether the
signatories on the executed PAs (DOE, SHPOs, and state agency
recipients) were required to take any additional action to extend the
PA, once the Program Comment was issued. To address this comment, the
Program Comment was revised to include language that stated, ``by the
issuance of the Program Comment,'' the PAs based on the DOE prototype
PA could extend through December 31, 2020. The ACHP and DOE will send
follow-up guidance to the stakeholders as needed to clarify the Program
Comment's applicability and use.
Another comment asked for clarification about how the prototype PA
itself was developed and implemented and whether there was any tribal
involvement in DOE projects in Washington and Oregon. The ACHP is
preparing a written response to this commenter to explain the
development of the prototype PA, and is coordinating with DOE to
provide the additional information as requested. No revisions were made
to the Program Comment as a result of this comment.
The remaining comments from state agencies and SHPOs expressed
support for the Program Comment and did not require any revisions to
the draft text.
II. Final Text of the Program Comment
The following is the text of the issued Program Comment:
Program Comment To Extend the Duration of Agreements Executed Under the
Department of Energy's Prototype Programmatic Agreement
I. Introduction
The Department of Energy's (DOE) Office of Weatherization and
Intergovernmental Programs (OWIP) provides financial assistance to
state agency applicants for three weatherization related grant
programs: Weatherization Assistance Program (WAP), State Energy Program
(SEP), and Energy Efficiency and Conservation Block Grant (EECBG). DOE
has determined that activities carried out by these funded programs
constitute undertakings with the potential to affect historic
properties. Therefore, DOE must comply with Section 106 and its
implementing regulations, 36 CFR Part 800, for these undertakings.
The Advisory Council on Historic Preservation (ACHP) and DOE began
a partnership in August 2009 to explore possible program alternatives
to tailor the Section 106 process for these undertakings in
anticipation of the dramatic increase in project funding as a result of
American Recovery and Reinvestment Act. DOE, in consultation with the
ACHP and the National Conference of State Historic Preservation
Officers (NCSHPO), developed a prototype Programmatic Agreement (PA) to
cover three weatherization related grant programs and to create
efficiencies in the administration of these OWIP grants: WAP, SEP, and
EECBG. The prototype PA identifies a category of routine undertakings
with limited potential to affect historic properties and exempts them
from further review. The ACHP's Chairman designated the prototype PA on
February 8, 2010. Under the terms of the prototype PA, DOE, the State
Historic Preservation Officer (SHPO), and the relevant state agency
receiving OWIP grants can execute subsequent agreements without ACHP
involvement. Execution of an agreement pursuant to the prototype PA
presumes that DOE will conduct its government-to-government
consultation responsibilities with federal recognized Indian tribes and
its Section 106 consultation requirements with Native Hawaiian
organizations. If DOE is notified that a particular undertaking may
result in an adverse effect on historic properties of religious and
cultural significance to Indian tribes or Native Hawaiian
organizations, DOE must invite such Indian tribes or Native Hawaiian
organizations to participate in consultation for the affected project.
Since its designation, DOE has used the prototype PA to
successfully negotiate and execute 44 programmatic agreements with
SHPOs and state agencies receiving DOE OWIP grants. DOE's direct
recipients may use the executed state agreement developed under the
prototype PA as well. The prototype PA initially proposed a three year
duration clause from the time of execution and filing with the ACHP. As
a result, the 44 agreements executed under the prototype PA have
different expiration dates. Several of the agreements will expire in
mid-March 2013. It is now DOE's and the ACHP's intention that these
agreements should extend beyond the three year term.
II. Background
During the development of the prototype PA in 2009, the ACHP
invited SHPOs, Indian tribes, and Native Hawaiian organizations to
participate in a series of teleconferences to discuss the prototype PA
and share information on which DOE programs would be covered by the new
program alternative. The tribes that participated in the
teleconferences noted that the vast majority of funding from the three
programs did not relate to undertakings on or affecting historic
properties on tribal lands, and were not interested in participating
further in the process to develop the prototype PA. The SHPOs were
generally supportive of DOE's intent to pursue a program alternative
such as the prototype PA that would assist them in managing their
workload by streamlining the review of certain undertakings. Further,
the SHPOs liked the format of the prototype PA as they would be able to
modify individual agreements under its terms to account for state-
specific issues.
As a result of the partnership with ACHP and the development and
the administration of the prototype PA, DOE established internal and
external training; recognized best management practices; and utilized
DOE guidance and directives to ensure that the DOE weatherization
programs were properly implemented in compliance with Section 106. The
prototype PA established review efficiencies and protocols which
allowed for the grant programs to expedite the weatherization efforts
of the homes of many low income individuals across the country, as well
as assisted communities in funding energy efficiency, renewable energy,
and weatherization projects for public buildings such as schools and
courthouses. Due to the success of the prototype PA for DOE's
weatherization programs, other departments within DOE have sought
ACHP's and OWIP staff's guidance and direction for meeting their
historic preservation compliance responsibilities.
In the past year, DOE and the ACHP have discussed how to extend and
build upon the program established by the prototype PA. In December
2012, DOE and the ACHP held listening sessions with SHPOs. The
discussions focused
[[Page 16277]]
on the effectiveness of the prototype PA and the feasibility of
pursuing a new program alternative. The SHPOs that participated in
those listening sessions were generally supportive of the development,
implementation, and effectiveness of the prototype PA and expressed a
preference to continue using the PAs to provide streamlining of reviews
and other review efficiencies. Further, in developing the text of this
Program Comment, the ACHP provided an opportunity for SHPOs, Indian
tribes, Native Hawaiian organizations, and state agencies to comment on
its applicability and terms.
This Program Comment extends the duration of the existing 44
agreements executed under the prototype PA until December 31, 2020, and
provides the same duration period for any future agreements that may be
executed under the prototype PA. Nothing in this Program Comment alters
or modifies any other provisions of the prototype PA or the 44
agreements, including the ability of the parties to amend or terminate
an executed agreement prior to the expiration date.
III. Establishment and Authority
This Program Comment was issued by the ACHP on March 11, 2013
pursuant to 36 CFR 800.14(e).
IV. Date of Effect
This Program Comment went into effect on March 11, 2013.
V. Use of This Program Comment To Extend the Duration of the Existing
Agreements Executed Under the DOE Prototype PA and for New Agreements
Executed Pursuant to the Prototype PA
By the issuance of this Program Comment, the DOE may continue,
through December 31, 2020, complying with its responsibilities under
Section 106 of the National Historic Preservation Act for its WAP, SEP,
and EECBG in the relevant States using the 44 agreements currently
executed, including those agreements that were recognized by
Stipulation III, and those to be executed, under the ``Prototype
Programmatic Agreement between the United States Department of Energy,
the State Energy Office and the State Historic Preservation Office
regarding EECBG, SEP and WAP Undertakings,'' designated by the ACHP on
February 8, 2010, regardless of the duration clause of those
agreements. However, if any of those agreements is terminated under its
own terms, DOE may no longer use it to comply with its Section 106
responsibilities in the relevant State. This will provide continuity in
the Section 106 review for those undertakings covered by the existing
and any new agreements executed under the prototype PA. This Program
Comment does not alter or modify any provisions of the prototype PA or
the 44 executed agreements other than their duration clauses.
VI. Amendment
The ACHP may amend this Program Comment after consulting with DOE,
NCSHPO, and other parties as appropriate, and publishing notice in the
Federal Register to that effect.
VII. Sunset Clause
This Program Comment will terminate on December 31, 2020, unless it
is amended to extend the period in which it is in effect.
VIII. Termination
The ACHP may terminate this Program Comment by publication of a
notice in the Federal Register thirty (30) days before the termination
takes effect.
Authority: 36 CFR 800.14(e).
Dated: March 11, 2013.
John M. Fowler,
Executive Director.
[FR Doc. 2013-05917 Filed 3-13-13; 8:45 am]
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