Notice of Issuance of the Department of the Army Program Comment for the Preservation of Pre-1919 Historic Army Housing, Associated Buildings and Structures, and Landscape Features, 50350-50363 [2024-13045]

Agencies

• Historic Preservation, Advisory Council

[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50350-50363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13045]


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ADVISORY COUNCIL ON HISTORIC PRESERVATION


Notice of Issuance of the Department of the Army Program Comment 
for the Preservation of Pre-1919 Historic Army Housing, Associated 
Buildings and Structures, and Landscape Features

AGENCY: Advisory Council on Historic Preservation.

ACTION: Notice of issuance of the Department of the Army Program 
Comment for the Preservation of Pre-1919 Historic Army Housing, 
Associated Buildings and Structures, and Landscape Features.

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SUMMARY: The Advisory Council on Historic Preservation has issued a 
program comment for the U.S. Department of the Army that sets forth the 
way in which the Army complies with section 106 of the National 
Historic Preservation Act for its inventory of housing constructed 
prior to 1919. Management actions covered by the Program Comment 
include maintenance, repair, rehabilitation, abatement of hazardous 
materials, mothballing, lease, transfer, and conveyance.

DATES: The Program Comment went into effect on May 17, 2024.

ADDRESSES: Address any questions concerning the Program Comment to 
Lauren Cooper, Office of Federal Agency Programs, Advisory Council on 
Historic Preservation, 401 F Street NW, Suite 308, Washington, DC 
20001.

FOR FURTHER INFORMATION CONTACT: Lauren Cooper, ACHP Army Liaison, 
(202) 517-0213, [email protected].

SUPPLEMENTARY INFORMATION:  Section 106 of the National Historic 
Preservation Act, 54 U.S.C. 306108 (section 106), requires federal 
agencies to consider the effects of projects they carry out, license, 
or assist (undertakings) on historic properties and to provide the 
Advisory Council on Historic Preservation (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 on a case-by-case 
basis, 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 an applicable program comment and 
following the steps set forth in that comment. The U.S. Department of 
the Army (Army) sought a program comment for undertakings related to 
its inventory of approximately 865 housing units constructed prior to 
1919, many of which are National Historic Landmarks. Management actions 
covered by the Program Comment include maintenance, repair, 
rehabilitation, abatement of hazardous materials, mothballing, lease, 
transfer, and conveyance, and the Program Comment allows the use of 
modern readily available industry standard building materials and 
methods in the implementation of management actions.
    The ACHP issued the Program Comment for the Preservation of Pre-
1919 Historic Army Housing, Associated Buildings and Structures, and 
Landscape Features on May 17, 2024. The section 106 regulations require 
that such program comments be published in the Federal Register.

I. Need for the Program Comment

    The need for this Program Comment is based on the Army's obligation 
to provide safe, healthy, quality housing to Soldiers and their 
families, and the unique challenges the Army has in managing NHPA 
section 106 compliance for its large and growing inventory of historic 
housing. Housing and associated living conditions are critical factors 
for military families. A direct connection exists between poor housing 
conditions and military readiness. In 2019, the Secretary of the Army 
declared an Army Housing Crisis due primarily to widespread 
deficiencies and significant quality of life, health, and safety issues 
affecting military families living in historic Army housing.
    To address the Army Housing Crisis and meet its housing obligations 
to military families, the Army must quickly and efficiently implement 
management actions to improve conditions in housing constructed before 
1919. The section 106 project-by-project review process under existing 
installation-level Programmatic Agreements (PAs) contributes to delays 
in completing historic housing maintenance, repairs, and improvements 
needed for the transition in occupancy. Those delays directly impact 
the ability of reassigned military families to move into and occupy 
historic housing.
    The compliance process efficiencies created by the Program Comment 
allows the Army to quickly and efficiently address the health and 
safety risks from certain hazardous historic building materials, ensure 
cost efficient, effective, and consistent management of the overall 
inventory, and implement climate adaptations and use modern resilient 
materials.

II. Pre-1919 Housing and the Program Comment

    The Army owns, operates, and manages the largest inventory of 
historic housing in the federal government with over 30,000 historic 
homes currently over 50 years old and subject to NHPA section 106 
compliance. Approximately 867 of these historic units were constructed 
prior to 1919, and over 70% of these pre-1919 units have been 
designated as National Historic Landmarks. The Army's inventory of pre-
1919 housing is located at 19 installations in 13 states and the 
District of Columbia.
    The design and construction of the vast majority of Army pre-1919 
housing follows standardized plans developed by the Army Quartermaster 
Corps. These standardized plans reflected prevailing civilian 
architectural designs, construction techniques, and community planning 
trends of the time, with certain regional style variations and use of 
locally available materials. The resulting architectural styles of pre-
1919 Army homes include Federal, Gothic Revival, Greek Revival, 
Italianate, Romanesque, Queen Anne, Colonial Revival, Spanish Revival, 
and Craftsman. These houses have been continuously occupied by Army 
families for 100 to 200 years and are actively used military assets.
    The intent of the Program Comment is to provide the Army with NHPA 
section 106 compliance for repetitive, recurring property management 
actions on all privatized and non-privatized Army housing, associated 
buildings and structures, and landscape features constructed before 
1919. The property

[[Page 50351]]

management actions addressed by the Program Comment are maintenance, 
repair, rehabilitation, abatement of hazardous materials, mothballing, 
lease, transfer, and conveyance. The Program Comment also allows for 
the use of modern, industry-standard substitute materials. If the 
management actions are implemented in accordance with the Secretary of 
the Interior Standards for Rehabilitation, they will not result in an 
adverse effect.
    This Program Comment implements the Secretary's Standards for 
Rehabilitation through the methodology and procedures in sections 7 and 
8. These procedures consider the need to maintain the historic and 
architectural character of pre-1919 housing in a balanced priority with 
cost, climate resiliency, materials durability, and the health, safety, 
and quality of life considerations for military families living in pre-
1919 housing. To further ensure that proper planning for and use of 
appropriate building materials occurs, this Program Comment includes 
two preservation planning documents: Design Guidelines for Pre-1919 
Army Housing and Building Materials Guidelines and Catalog for Pre-1919 
Army Housing incorporated as Appendices A and B, respectively.

III. Consultation on the Program Comment

    The Army formally submitted this Program Comment to the ACHP on 
March 4, 2024. During the Army's consultation period, they sought 
participation from the public, State Historic Preservation Officers 
(SHPOs), Indian tribes, Native Hawaiian Organizations (NHOs), and other 
interested parties. The Army incorporated these into the Program 
Comment prior to formally submitting its request for a Program Comment 
to the ACHP.
    In accordance with 36 CFR 800.14(e)(2)(3)(4), the ACHP conducted 
consultation with State Historic Preservation Officers (SHPOs), Tribal 
Historic Preservation Officers, Indian Tribes, and Native Hawaiian 
organizations and provided for public participation.
    ACHP outreach consisted of broadcast emails, social media posts, 
and a dedicated website for the Program Comment. The ACHP conducted one 
virtual government-to-government consultation with Indian Tribes with a 
total of two participants. The ACHP conducted one virtual SHPO meeting 
with a total of 18 participants. Eight written comments were received. 
The ACHP also hosted a special Membership meeting. During consultation, 
the ACHP received substantive comments regarding the use of qualified 
historic preservation professionals in the implementation of the 
Program Comment, the definition of lease, transfer, and conveyance, the 
annual reporting requirements, new construction, and the inclusion of 
National Historic Landmarks.
    Several consulting parties questioned how and when Secretary of the 
Interior (SOI) qualified professionals will be used in the 
implementation of the PC. ACHP staff revised the PC to use consistent 
language when referencing qualified historic preservation 
professionals, and to more clearly define their role when implementing 
the PC.
    The definition of lease, transfer and conveyance was perceived as 
too broad and raised questions about how it could be misunderstood. 
ACHP staff worked with the Army to revise the definition of lease, 
transfer, and conveyance to clarify which specific actions are covered 
by the PC.
    Consulting parties had concerns regarding the PC's duration and 
limited reporting requirements. ACHP staff and the Army revised the PC 
to require summary data in each ACHP Section 3 report until 2055, which 
is published every three years and is accessible by the public. The 
summary data will include items similar to the annual report, including 
any issues that arose when implementing the Program Comment, and how 
those problems were addressed, and an assessment of the overall 
effectiveness of the Program Comment.
    The Guidelines for new construction as originally written were 
broad and could potentially have resulted in adverse effects. ACHP 
staff added parameters to limit new construction to landscape features 
and associated buildings such as garages and sheds, rather than new 
housing where none currently exists.
    Consulting parties had concerns about the inclusion of National 
Historic Landmarks (NHL) in the PC and feel that it does not provide 
the higher standard of care as required in section 110 of the National 
Historic Preservation Act. However, if the management actions are 
completed following the procedures and guidelines in the PC, the 
results will not be adverse and will maintain the integrity of all 
properties, including NHLs. The ACHP has no reason to believe that the 
rehabilitation activities allowed under this PC will not be completed 
following the SOI Standards. Accordingly, use of the PC does not 
conflict with section 110(f).
    ACHP Staff worked with the Army to address these comments and 
concerns. And all changes are reflected in the final text of the 
Program Comment.

IV. More Information

    For further information on the Program Comment and the Army's Pre-
1919 historic housing see: https://www.denix.osd.mil/army-pre1919-pchh/.

V. Clarification Regarding Army Housing Partners

    The ACHP interprets the Program Comment to allow the Army to ensure 
compliance with its terms regarding privatized housing by imposing such 
requirements on its housing partners.

VI. Text of the Program Comment

    Due to their length, the appendices of the issued Program Comment 
are not reproduced here. A copy of the full Program Comment with its 
appendices, and related information, can be found at: https://www.denix.osd.mil/army-pre1919-pchh/. The Program Comment with 
appendices is the document linked as ``Program Comment Pre-1919 Army 
Housing'' under the Administrative and Technical Documents column of 
the web page.
    What follows is the text of the issued Program Comment, minus its 
appendices:

Program Comment for Preservation of Pre-1919 Historic Army Housing, 
Associated Buildings and Structures, and Landscape Features

1.0. Introduction

1.1. Summary
    The Department of the Army (Army) is a large, complex Federal 
agency with a national defense mission to provide combat-ready military 
forces to deter war and protect the security of the United States. The 
Army's real property is a vital component of its national defense 
mission. As the largest military department in the Department of 
Defense (DoD), the Army manages the largest portfolio of historic 
buildings in the DoD and among all federal agencies.
    Many of the buildings constructed by the Army over its 248-year 
history are now historic properties. Among Army historic properties, 
historic housing is a significant concern; it is a large part of the 
Army's total housing inventory, it is critical to the readiness mission 
and well-being of thousands of Soldiers and their families, and it 
requires substantial financial resources and process time for 
compliance with section 106 of the National Historic Preservation Act 
(NHPA). The Army also has a unique

[[Page 50352]]

and significant challenge among federal agencies in managing NHPA 
section 106 compliance for its inventory of historic housing. The Army 
owns, operates, and manages the largest inventory of historic housing 
in the federal government with over 30,000 historic homes currently 
over 50 years old and subject to NHPA section 106 compliance.\1\
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    \1\ Additional information on historic Army housing in general 
is on the Army Historic Preservation and Cultural Resources 
Management website at https://www.denix.osd.mil/army-cr/.
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    The Army's 867 pre-1919 homes are located on 19 installations in 13 
states and the District of Columbia.\2\ The Army constructed its pre-
1919 housing following standardized plans developed by the Army 
Quartermaster Corps. The Army's pre-1919 homes have been continuously 
occupied by Army families for 100 to 200 years, and 74% (638) of these 
homes are contributing properties in designated National Historic 
Landmark (NHL) districts. The Army's pre-1919 homes are actively used 
military assets with restricted access and are in general not open to 
the public.
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    \2\ Specific information on pre-1919 Army housing is at https://www.denix.osd.mil/army-pre1919-pchh/.
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    The management of the vast majority of pre-1919 Army homes was 
privatized at Army installations beginning in 2004. NHPA compliance 
activities on installations with privatized housing have occurred 
following NHPA section 106 programmatic agreements (PA) executed 
between each installation and their respective State Historic 
Preservation Office (SHPO) at the time of privatization. The 
installation specific privatized housing PAs require project-by-project 
SHPO review and application of the Secretary of the Interior's 
Standards for the Treatment of Historic Properties at 36 CFR 68 
(Secretary's Standards) for the repair and improvement of historic 
housing.
    In 2019, the Army Inspector General \3\ conducted an Army-wide 
review of privatized housing operations including a review of NHPA 
compliance for historic homes under the installation-level privatized 
housing PAs and the Secretary's Standards. The Army Inspector General 
found that the NHPA consultation process with SHPOs under the 
privatized housing PAs is highly procedural and time-consuming, creates 
a misperception that the SHPO has approval authority over renovations, 
historic homes are more costly to operate and maintain, are less energy 
efficient and require special materials and specially trained 
craftsmen, and health and safety concerns are present such as lead-
based paint and asbestos. The Army Inspector General also found that 
historic homes are very costly to renovate due to strict rules about 
the craftsmanship and types of materials that can be used such as 
custom windows and custom roofing. These complicate repair and 
renovation projects and increase costs and the time to complete the 
work. The Army Inspector General also found that the rules and 
restrictions are variable both by individual home and by installation.
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    \3\ Department of the Army Inspector General Special Interest 
Item Assessment of the Residential Communities Initiative (RCI). ID 
Report 1903, 2019, at https://www.denix.osd.mil/army-pre1919-pchh/.
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    The installation-level privatized housing PAs and the Secretary's 
Standards as implemented by SHPOs and installations over the past 20 
years have required the extensive use of high-cost historic building 
materials, in-kind building materials and specialized craftsmen for 
repairs and improvements. Implementation of those PAs has occurred 
without adequate consideration of the impact those high-cost materials 
have on the long-term ability to maintain and improve historic Army 
housing, nor has there been adequate consideration of the use of lower 
cost substitute building materials. The installation-level privatized 
housing PAs as they have been implemented has led to the inability to 
fully implement scopes of work to maintain, repair, and improve pre-
1919 housing.\4\ The inability to fully implement scopes of work has 
contributed to a costly backlog of deferred maintenance, repairs, and 
improvements, which has led some pre-1919 NHL homes to be entirely 
vacated, others to be considered for demolition,\5\ and other pre-1919 
homes to be mandated by Congress for demolition.\6\ Quality of life, 
health, and safety issues remain prevalent in pre-1919 Army housing. 
These issues include obsolete electrical, plumbing, and HVAC systems, 
structural issues, asbestos and lead-based paint hazards, restrictive 
and outdated floorplans, and a backlog of deferred maintenance, 
repairs, and improvements.
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    \4\ See Supplemental Information Briefing at https://www.denix.osd.mil/army-pre1919-pchh/.
    \5\ The Kansas City Star. ``89 historic Fort Leavenworth homes 
recommended for demolition'' Eric Alder, 20 December 2023.
    \6\ National Defense Authorization Act 2023, section 2104, 
Demolition of District of Columbia Fort McNair Quarters 4, 13, and 
15.
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    The Army Inspector General recommended that the Assistant Secretary 
of the Army for Installations, Energy and Environment (ASA IE&E) 
evaluate the feasibility of continuing the installation specific PAs 
for historic housing. That evaluation led to consideration of the 
programmatic alternatives available in 36 CFR 800.14. The Army 
determined that a standardized nation-wide programmatic approach was 
the best course of action to ensure more consistent, efficient, and 
effective approach to NHPA compliance, rather than to continue to 
operate under the installation specific PAs. This approach was defined 
in the ASA IE&E's Strategic Agenda for National Historic Preservation 
Act Improvement \7\ issued in July 2019.
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    \7\ Strategic Agenda for National Historic Preservation Act 
Improvement letter provided to the Advisory Council on Historic 
Preservation is posted at https://www.denix.osd.mil/army-pre1919-pchh/.
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    Installation-level privatized housing PAs and the Secretary's 
Standards have been implemented by installations and SHPOs over the 
past 20 years without a systematic approach and methodology for the 
selection of building materials. Also, adequate attention has not been 
paid by installations and SHPOs to the requirement that the Secretary's 
Standards must be applied in consideration of the economic and 
technical feasibility of each project.\8\ Further, the installation-
level privatized housing PAs do not have any standardize process and 
procedures for consideration of the full range of available and 
appropriate building materials including alternative and less costly 
substitute building materials as provided for under the Secretary's 
Standards for Rehabilitation (36 CFR 68.3(b)). Nor do the privatized 
housing PAs include detailed design guidelines and a catalog of 
applicable building materials for pre-1919 homes. Additionally, the 
lengthy project-by-project consultations between installations and 
SHPOs required by installation-level PAs cause delays in occupancy of 
the housing, resulting in negative impacts to military families. This 
Program Comment for Preservation of Pre-1919 Historic Army Housing, 
Associated Buildings and Structures, and Landscape Features (Program 
Comment) directly addresses and remedies these issues.
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    \8\ Secretary of the Interior's Standards for Treatment of 
Historic Properties, 36 CFR 68.3.
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    This Program Comment is the Army's nationwide programmatic NHPA 
compliance solution to longstanding pre-1919 housing issues. It is 
responsive to the Army Inspector General's findings and recommendation, 
ensures that the economic and technical feasibility of each project is 
assessed as required by the Secretary's Standards, makes certain that 
the full range of building materials are considered through a 
systematic approach and standardized methodology that will help reduce 
the

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backlog of deferred maintenance, repairs, and improvements. Detailed 
design guidelines, and an extensive building materials guideline and 
catalog are incorporated into this Program Comment to support the 
building materials selection process. Qualified historic preservation 
professionals guide implementation, and the approach will improve 
process time and address the delays in occupancy of the housing by 
military families.
    This Program Comment in its entirety minimizes harm and manages 
pre-1919 NHL housing to a higher standard of care than has occurred 
under installation level PAs over the past 20 years. This Program 
Comment is consistent with and implements the Secretary's Standards for 
Rehabilitation, and its effect on the Army's inventory of pre-1919 
housing is not adverse. This Program Comment demonstrates that the 
Secretary's Standards for Rehabilitation when applied as intended have 
the flexibility to address quality of life, health, safety, climate 
resiliency, energy efficiency and other issues in a cost-effective 
manner. This Program Comment also reflects a shift occurring among 
historic preservation professionals to a more humanistic approach to 
historic preservation that prioritizes the needs of people living in 
and managing historic homes equally with preservation of the material 
integrity of the homes.\9\
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    \9\ The Relevancy Guidebook: How We Can Transform the Future of 
Preservation. Bonnie McDonald. Landmarks Illinois, November 2023.
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1.2. Justification
    NHPA section 106 requires Federal agencies to take into account the 
effects of projects they carry out, license, or assist (i.e., 
undertakings) on historic properties, and to provide the Advisory 
Council on Historic Preservation (ACHP) a reasonable opportunity to 
comment on such undertakings. The ACHP has issued regulations codified 
under 36 CFR 800 that set forth the process through which Federal 
agencies comply with the requirements of NHPA section 106.
    Under 36 CFR 800.14(e), federal agencies can request the ACHP 
provide program comments on a category of undertakings, in lieu of 
conducting individual reviews of those undertakings under 36 CFR 800.4-
800.7. An agency can meet its NHPA section 106 responsibilities 
regarding the effects of a category of undertakings on historic 
properties by following an ACHP-approved program comment.
    ACHP's program comment guidance \10\ states the primary benefit of 
program comments is they allow a federal agency to comply with section 
106 of the NHPA in a tailored, consistent way for a class of 
undertakings rather than addressing each undertaking individually. This 
is especially useful for the Army considering the magnitude of its 
historic housing inventory and the many thousands of similar repetitive 
undertakings occurring to repair, maintain, and improve this large 
housing inventory. This Program Comment provides the Army with an 
alternative means to comply with NHPA section 106 regarding the 
category of undertakings termed management actions for its inventory of 
pre-1919 housing, associated buildings and structures, and landscape 
features (pre-1919 housing).
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    \10\ ACHP Program Comment Guidance https://www.achp.gov/program 
comment questions and answers.
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    The need for this Program Comment is driven by the Army's 
obligation to provide safe, healthy, quality housing to Soldiers and 
their families, and the unique challenges the Army has in managing NHPA 
section 106 compliance for its large inventory of historic housing. In 
2019, the Secretary of the Army declared an Army Housing Crisis due 
primarily to the widespread deficiencies and significant quality of 
life, health, and safety issues affecting military families living in 
historic Army housing. These issues led to the Army Inspector General's 
investigation and continue to receive a high level of attention from 
Congress, senior military officials, and military family members 
residing in historic Army homes.
    To meet its obligations to military families, the Army must 
implement specific management actions to improve pre-1919 housing 
conditions. The Army must improve the quality of life of Soldiers and 
their families, address the health and safety risks from certain 
hazardous materials found in historic housing, ensure cost efficient, 
effective, and consistent management of the inventory, and use climate 
resilient and energy efficient building materials. The Army must also 
improve the NHPA section 106 compliance processes time for projects 
that improve and preserve pre-1919 housing in order to reduce impacts 
to military families waiting to occupy the housing.
    Housing and associated material living conditions are critical 
factors for military families in the context of the challenges and 
stressors Soldiers and their families must cope with in their daily 
lives. The Government Accountability Office \11\ found that a direct 
connection exists between poor housing conditions and military 
readiness. Concerns among service members about poor housing conditions 
have been found to make it difficult to focus on the military mission, 
some service members are leaving the military because of poor housing 
conditions, and the issue is also impacting the ability to recruit new 
service members.
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    \11\ Government Accountability Office Report 20-281, Military 
Housing, March 2020.
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    For pre-1919 housing, the Army must abate the historic building 
materials used in housing from this period that present lead-based 
paint, asbestos, and other hazards to housing occupants; implement 
improvements and additions that address the need for modernization of 
living spaces; provide kitchen and bathroom improvements; implement 
climate change adaptations through the use of climate resilient and 
energy efficient building materials; implement other energy efficiency 
measures; modernize heating, cooling and ventilation systems; modernize 
plumbing and electrical systems; install modern life safety and 
protective elements such as fire suppression systems and force 
protection features; and address the project-by-project PA compliance 
review process that affects the rapid turnaround and occupancy of 
housing by military families.
    The Army also has the need to lease, transfer, or convey pre-1919 
housing to facilitate housing operations by its privatized housing 
partners under the Army's Residential Communities Initiative (RCI). RCI 
operates under Army authority on Army installations nationwide through 
legal partnerships between the Army and private sector real property 
managers. Lease, transfer, and conveyance under this Program Comment is 
only for the purposes of transfer of pre-1919 housing to and between 
RCI partners, and between RCI partners and the Army solely for the 
purposes of and use as military housing and for associated purposes 
that support military housing operations.
    Addressing NHPA section 106 compliance requirements for the 
thousands of repetitive management actions occurring on this large 
inventory of pre-1919 housing presents unique and significant 
challenges for the Army. According to the ACHP Program Comment 
Guidance, the program comment approach as provided for in 36 CFR 
800.14(e) was established to address situations such as this, where a 
federal agency has repetitive actions

[[Page 50354]]

occurring within a large inventory of historic properties.
    The Army's three prior ACHP-approved program comments for historic 
housing (Program Comment for Army Inter-War era housing (1919-1940), 
Program Comment for Army Capehart-Wherry Housing (1949-1962), and the 
Program Comment for Army Vietnam War Era housing (1963-1975)) provide 
the Army the ability to implement management actions in a more 
efficient, consistent, and cost-effective manner.\12\ These prior 
program comments have in turn preserved the historic character of the 
housing, improved the quality of life, health, and safety of the 
military families living in historic Army housing, saved millions of 
dollars in rehabilitation costs for reinvestment into additional 
rehabilitation efforts, and ensure that historic Army housing will be 
preserved as a viable and sustainable military real property asset. The 
Army needs a similar efficient, consistent, and cost-effective means to 
manage its inventory of pre-1919 homes.
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    \12\ See information at https://www.denix.osd.mil/army-pchh/, 
https://www.denix.osd.mil/army-vwehh-pc/, and ACHP section 106 
Success Story: Capehart Wherry Housing Challenge Spurred Innovative 
Solution at https://www.achp.gov/success-stories/capehart-wherry-army-housing.
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1.3. Coordination and Public Involvement
    Issues related to implementation of installation privatized housing 
PAs were identified by the Army Inspector General, Army housing 
managers, and Army privatized housing partners.\13\ As a result of its 
investigation, the Army Inspector General recommended that the ASA IE&E 
assess the feasibility of continuing the installation specific PAs for 
historic housing. The Strategic Agenda for National Historic 
Preservation Act Improvement \14\ issued in July 2019 by the ASA IE&E 
responded to the Army Inspector General's recommendation. It directs 
the Army Federal Preservation Officer (FPO) to pursue programmatic 
Army-wide NHPA section 106 compliance solutions, with the ACHP to 
achieve greater efficiencies in NHPA section 106 compliance for 
historic housing.
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    \13\ See Supplemental Information Briefing at https://www.denix.osd.mil/army-pre1919-pchh/.
    \14\ Strategic Agenda for National Historic Preservation Act 
Improvement. July 26, 2019. https://www.denix.osd.mil/army-pre1919-pchh/.
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    To implement the strategic agenda for pre-1919 housing, the Army's 
leadership began discussions in June 2023 with the ACHP Chair and other 
key stakeholders. On 15 June 2023, the ASA IE&E held a forum at Fort 
McNair, Washington, DC with senior leaders in historic preservation to 
discuss pre-1919 Army housing NHPA compliance issues. Stakeholders 
present at the 15 June 2023 forum included the Assistant Secretary of 
Defense for Energy, Installations, and Environment; Assistant Secretary 
for Fish and Wildlife and Parks, Department of the Interior; Chairman, 
ACHP; Chairman, National Capital Planning Commission; Associate 
Director, Cultural Resources, Partnerships, and Science, National Park 
Service (NPS); Executive Director, ACHP; and the Executive Director, 
National Conference of State Historic Preservation Officers (NCSHPO). 
There was general agreement among attendees that a nationwide 
programmatic NHPA section 106 compliance approach to pre-1919 Army 
housing was needed.
    On 20 July 2023, as a follow-up to the Fort McNair meeting, the 
Army FPO held a consultation meeting with the ACHP Executive Director, 
NCSHPO Executive Director, and the NPS Associate Director to obtain 
their views on specific programmatic NHPA section 106 compliance 
approaches for pre-1919 housing. On 24 August 2023, the Army FPO again 
met with the representatives from ACHP, NPS, and NCSHPO to further 
discuss a program alternative for pre-1919 Army housing. Also on 24 
August, the Army FPO had a separate follow-on discussion with the ACHP 
Executive Director. On 19 September 2023, the Army FPO officially 
notified the ACHP Executive Director of the Army's decision to seek a 
program comment for its inventory of pre-1919 housing.
    On October 23, 2023, the Army published a notice of availability in 
the Federal Register \15\ seeking public comment on its Program Comment 
Plan for Preservation of Pre-1919 Historic Army Housing, Associated 
Buildings and Structures, and Landscape Features. Also on October 23, 
2023, the Army FPO sent a notification to over 800 stakeholders 
including all SHPOs, all Tribal Historic Preservation Officers, tribal 
leaders from all Federally recognized tribes, Native Hawaiian 
Organizations, and non-governmental historic preservation advocacy 
organizations informing them of the Federal Register notice and the 30-
day public comment period on the program comment plan. The Army FPO 
also invited all of the over 800 stakeholders to participate in the 
Army's ensuing program comment consultation conferences. During 
November and December 2023, the Army FPO held a series of six in-depth 
consultation conferences with all interested parties addressing the 
scope of the Program Comment, category of undertakings, likely effects 
on historic properties, steps to take effects into account, the 
duration of the Program Comment, among other relevant topics. The Army 
prepared an administrative record of all comments on the program 
comment plan formally submitted by interested parties and provided that 
administrative record to the ACHP.
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    \15\ Federal Register/Vol. 88, No. 203/72743. 23 October 2023. 
Department of the Army Notice of Availability Program Comment Plan 
for Preservation of Pre-1919 Historic Army Housing, Associated 
Buildings and Structures, and Landscape Features.
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2.0. Goal, Objective, and Intent of the Program Comment

2.1. Goal
    The Army's goal for the Program Comment is to obtain programmatic 
compliance with NHPA section 106 for the repetitive management actions 
occurring on this large inventory of pre-1919 historic housing by means 
of the program comment alternative procedure under 36 CFR 800.14(e). In 
accordance with 36 CFR 800.14(e), the Army will implement this program 
comment and management actions in lieu of conducting individual 
project-by-project reviews.
2.2. Objective
    The objective of the Program Comment is to achieve the goal in a 
manner that provides the appropriate balance between preservation of 
the housing and the efficient, consistent, and cost-effective 
management of the housing in order to improve of the quality of life, 
health, and safety of the Army families. The goal and objective are met 
by the ACHP's adoption of the Program Comment and the Army's 
implementation of it for its management actions.
2.3. Intent
    This Program Comment recognizes that among federal agencies, the 
Army faces a unique and significant NHPA section 106 compliance 
challenge due to the magnitude of its inventory of historic housing.
    This Program Comment recognizes that the Army's pre-1919 homes are 
actively used military assets with restricted access and are in general 
not open to the public.
    The Army recognizes that its pre-1919 housing is eligible for and 
listed in the National Register of Historic Places (NRHP), and that 
many pre-1919 Army homes are contributing properties in designated NHL 
districts.
    This Program Comment meets the requirements of NHPA section 110(f) 
by

[[Page 50355]]

planning and taking necessary action that minimize harm to pre-1919 
NHLs to the maximum extent possible and provides a higher standard of 
care for NHL housing than is currently occurring.
    This Program Comment is consistent with the Secretary of the 
Interior's Standards for Rehabilitation (36 CFR 68.3(b)). It provides 
for the compatible use of the properties through repairs, alterations, 
and additions, while preserving those portions or features which convey 
historical, cultural, and architectural values.
    This Program Comment covers a category of undertakings termed 
management actions and affirms that the effect of those management 
actions on pre-1919 Army housing are not adverse as addressed in this 
Program Comment.
    This Program Comment implements the Secretary's Standards for 
Rehabilitation through the methodology and procedures in sections 7 and 
8, and by application of the Design Guidelines for Pre-1919 Army 
Housing and the Building Materials Guidelines and Catalog for Pre-1919 
Army Housing in appendices A and B.
    This Program Comment recognizes that the Secretary of the 
Interior's Standards must be applied in consideration of the economic 
and technical feasibility of each project per 36 CFR 68.3.
    This Program Comment recognizes that the Secretary's Standards for 
Rehabilitation allow for the use of substitute building materials when 
the use of historic building materials and in-kind building materials 
is not reasonably possible in consideration of the economic and 
technical feasibility of projects.
    This Program Comment recognizes that the appended Design Guidelines 
for Pre-1919 Army Housing and Building Materials Guidelines and Catalog 
for Pre-1919 Army Housing are applicable guidelines (as referenced in 
36 CFR 800.5(a)(2)(ii)) implementing the Secretary's Standards for 
Rehabilitation for pre-1919 Army housing.
    This Program Comment provides a systematic, standardized building 
materials selection procedure with guidelines that ensure the balanced 
consideration of repair of historic building materials or, where repair 
is not possible, the use of in-kind building materials or substitute 
building materials in management actions.
    This Program Comment ensures that qualified historic preservation 
professionals support its implementation.
    This Program Comment recognizes that intensifying climate risks and 
the ACHP's Policy Statement on Climate Change and Historic Preservation 
may necessitate the use of modern climate resilient substitute building 
materials.
    This Program Comment recognizes that substitute building materials 
are reversible and may be replaced with in-kind building materials to 
minimize any diminishment of historic integrity.
    This Program Comment recognizes that the compilation and analysis 
of original Army Quartermaster Corps housing design plans, extensive 
historic context documentation, and the Historic American Building 
Survey (HABS) architectural documentation of pre-1919 Army housing are 
suitable and appropriate mitigation measures. These Program Comment 
mitigation documents are located in a single centralized public site at 
https://www.denix.osd.mil/army-pre1919-pchh/.

3.0. Scope of the Program Comment

    The Program Comment applies to management actions for all of the 
Army's pre-1919 housing, associated buildings and structures, and 
landscape features, both privatized and Army-owned. The best available 
information indicates there are 867 pre-1919 homes located on 19 
installations in 13 states and the District of Columbia. Among these, 
there are 10 installations where pre-1919 housing has been designated 
as individual or contributing properties to NHL Districts. The 
installations and numbers of pre-1919 homes are: Fort Leavenworth, KS 
269 homes; Fort Riley, KS 109; Fort Sam Houston, TX 91; West Point, NY 
84; Fort Sill, OK 73; Fort Bliss, TX 39; Fort Huachuca, AZ 38; Presidio 
of Monterey, CA 37; Fort Myer, VA 34; Fort McNair, Washington DC 27; 
Carlisle Barracks, PA 18; US Army Garrison HI/Fort Shafter, 17; 
Watervliet Arsenal, NY 8; Rock Island Arsenal, IL 6; Fort Hamilton, NY 
6; Picatinny Arsenal, NJ 6; Fort Detrick, MD 2; Arlington National 
Cemetery, VA and DC 2; and Fort Moore, GA 1.

4.0. Description of Property Type

    Standardized plans developed by the Army Quartermaster Corps were 
followed for the design and construction of the vast majority of Army 
pre-1919 housing. Army Quartermaster Corps standardized plans reflected 
prevailing civilian architectural designs, construction techniques, and 
community planning trends of the time, with certain regional style 
variations and use of locally available materials. The Army has 
documented mitigation measures for pre-1919 housing.
    The mitigation documentation \16\ includes historic contexts, a 
documentary history with an extensive compilation and analysis of 
original Quartermaster Corps plans and drawings including exterior and 
interior floorplans for pre-1919 homes, and many HABS documents 
recording the architectural design and features of pre-1919 Army 
housing in detail. The Army has posted these mitigation documents on 
the website https://denix.osd.mil/army-pre1919-pchh/. Additional 
information on the Army's inventory of NHLs is also available in the 
Army's historic preservation story-map at https://www.denix.osd.mil/army-cr/.
---------------------------------------------------------------------------

    \16\ National Historic Context for Department of Defense 
Installations, 1790-1940, Volumes I-4. DoD Legacy Resource 
Management Program Project 92-0075 (1995). A Study of United States 
Army Family Housing Standardized Plans, Volumes 1-5., Grashof, B. 
(1986). Context Study of the United States Quartermaster General 
Standardized Plans 1866-1942. Army Corps of Engineers, Seattle 
District (1997).
---------------------------------------------------------------------------

    Historic context information is extensive and includes social, 
economic, and military factors influencing pre-1919 home design. Army 
Quartermaster Corps housing standardization began in earnest after the 
close of the Civil War. From 1866 on the Army began its evolution into 
a modern military force as it abandoned its small temporary frontier 
posts and consolidated troops into larger regional installations. The 
need for new, larger, permanent installations required a higher degree 
of planning and design for buildings as well as post-wide site plans.
    When the Army began to contract this work to civilian architects, 
mid-nineteenth century American architectural designs began to 
influence both Army building and Army installation designs. The Army 
Quartermaster Corps standardization of house plans incorporated 
versions of nationally popular architectural styles. Civilian builder's 
handbooks, also known as pattern books, were used as source books by 
the Quartermaster Corps housing design staff.\17\ The resulting 
architectural styles of pre-1919 Army homes include Federal, Gothic 
Revival, Greek Revival, Italianate, Romanesque, Queen Anne, Colonial 
Revival, Spanish Revival, and Craftsman. Following design trends of the 
time, the Army Quartermaster Corps also developed standardized plans 
for landscaping, neighborhood design, circulation patterns, and the 
design of installations.
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    \17\ A Study of United States Army Family Housing Standardized 
Plans, Volumes 1-5., Grashof, B. (1986).

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[[Page 50356]]

5.0. National Historic Landmarks

5.1. Pre-1919 Army NHL Housing and NHL Requirements
    Of the Army's 867 historic pre-1919 homes, 74% (638) of these homes 
at ten installations are contributing properties in designated NHL 
districts. The ten installations with NHL districts are: Fort 
Leavenworth, KS 269 homes; Fort Sam Houston, TX 91; West Point, NY 84; 
Fort Sill, OK 73; Fort Huachuca, AZ 38; Fort Myer, VA 34; Carlisle 
Barracks, PA 18; US Army Garrison HI/Fort Shafter, 17; Watervliet 
Arsenal, NY 8; Rock Island Arsenal, IL 6. These ten NHL designations by 
the Department of the Interior/National Park Service are consolidated 
and published on the Program Comment website at https://denix.osd.mil/army-pre1919-pchh/.
    NHLs are designated by the Secretary of the Interior under the 
authority of the Historic Sites Act of 1935. The Historic Sites Act 
authorizes the Secretary of the Interior to identify historic 
buildings, and other sites and objects that possess exceptional value 
in commemorating or illustrating the history of the United States. NHPA 
section 110(f) Planning and actions to minimize harm to National 
Historic Landmarks states that prior to the approval of any Federal 
undertaking that may directly and adversely affect any NHL, the Federal 
agency will to the maximum extent possible undertake such planning and 
actions as may be necessary to minimize harm to the landmark. The 
Federal agency also must afford the ACHP and the Secretary of the 
Interior/National Park Service a reasonable opportunity to comment with 
regard to the adverse effect undertaking.
    The Secretary of the Interior's Standards and Guidelines for 
Federal Agency Historic Preservation Programs Pursuant to the National 
Historic Preservation Act (63 FR 20496) provide the National Park 
Service's guidance to federal agencies for their preservation programs 
and treatment of NHLs. The standard and guidelines at 4(j) National 
Historic Landmarks states that Federal agencies exercise a higher 
standard of care when considering undertakings that may directly and 
adversely affect NHLs. Standard 4 states when alternatives to avoid an 
adverse effect on NHLs appear to require undue cost or to compromise 
the undertaking's goals and objectives, the agency must balance those 
goals and objectives with the intent of section 110(f).
    The regulations implementing NHPA section 106 include specific 
procedural provisions for NHLs at 36 CFR 800.10. The regulation 
requires federal agencies to request the ACHP participate in any 
consultation regarding adverse effects to NHLs, and to also invite the 
Secretary of the Interior/National Park Service to participate in those 
consultations.
5.2. Standard of Care for Pre-1919 Army NHL Housing and Districts
    This Program Comment confirms that the effects of its management 
actions on pre-1919 Army housing including pre-1919 NHL housing and 
districts are not adverse. Through its conformance with and 
implementation of the Secretary of the Interior Standards for 
Rehabilitation by means of the approach, methodology, and procedures in 
sections 7 and 8 and guidelines in appendices A and B, this Program 
Comment provides a more effective NHPA section 106 compliance solution 
for NHLs than is currently in place under installation-level PAs (as 
discussed in section 1). The Program Comment supports full 
implementation of scopes of work for maintenance, repairs, and 
improvements to NHL housing by ensuring that the full range of 
appropriate and cost-effective building materials are considered 
through a systematic approach and standardized methodology. This in 
turn will reduce the backlog of deferred maintenance, repairs, and 
improvements, alleviating issues that lead to vacancy and 
considerations to demolish pre-1919 NHL homes. It also demonstrates a 
more efficient, cost-effective, programmatic solution for 
rehabilitation of pre-1919 Army housing to help avoid additional 
statutory mandates to demolish pre-1919 Army housing.
    Further, the standard set of management actions in the Army's three 
prior Program Comment procedures for historic housing approved by the 
ACHP include the following adverse effect actions: cessation of 
maintenance, demolition, and new construction not in accordance with 
the Secretary's Standards for Rehabilitation. The Army is excluding 
adverse effect actions from this Program Comment. Such adverse effect 
actions will be addressed outside of this Program Comment through the 
process in 36 CFR 800.4-800.7, and 36 CFR 800.10 for NHLs.
    Due to the special considerations required by NHPA section 110 for 
NHLs and properties with national level significance, the Army is 
holding this Program Comment for pre-1919 housing to a higher standard 
of care than has occurred under installation level PAs and under prior 
Program Comment procedures for historic Army housing.

6.0. Category of Undertaking and Effects on Historic Properties

    The category of undertaking for this Program Comment is management 
actions. Management actions are defined for the purposes of this 
Program Comment as maintenance, repair, rehabilitation, abatement of 
hazardous materials, mothballing, lease, transfer, and conveyance. This 
Program Comment is consistent with and implements the Secretary's 
Standards for Rehabilitation at 36 CFR 68.3(b). When implemented 
following its substantive and procedural requirements, this Program 
Comment and the effects of those management actions on pre-1919 Army 
housing are not adverse.
    The regulation at 36 CFR 800.5 cites criteria for adverse effect. 
``An adverse effect is found when an undertaking may alter, directly or 
indirectly, any of the characteristics of a historic property that 
qualify the property for inclusion in the National Register in a manner 
that would diminish the integrity of the property's location, design, 
setting, materials, workmanship, feeling, or association.'' The adverse 
effect example in 36 CFR 800.5 relevant to this Program Comment is 
alteration of a property that is not consistent with the Secretary's 
Standards (36 CFR 68), and applicable guidelines. This Program Comment 
is consistent with and implements the Secretary's Standards for 
Rehabilitation. The Design Guidelines for Pre-1919 Army Housing and the 
Building Materials Guidelines and Catalog for Pre-1919 Army Housing 
appended to this Program Comment are applicable guidelines. This 
Program Comment will maintain the integrity of pre-1919 housing and 
historic district location, design, setting, materials, workmanship, 
feeling, and association consistent with the Secretary's Standards.
    This Program Comment implements a systematic approach and 
standardized methodology with specific procedures for selection of 
appropriate building materials that consider the economic and technical 
feasibility of each project. It utilizes detailed Design Guidelines for 
Pre-1919 Army Housing and a Building Materials Guideline and Catalog 
for Pre-1919 Army Housing (in appendices A and B) to support the 
materials selection process.

7.0. Approach and Methodology

7.1. Implementation of the Secretary's Standards for Rehabilitation
    In carrying out the management actions under this Program Comment, 
the Army, or RCI housing partner where

[[Page 50357]]

housing is privatized will implement the Secretary's Standards for 
Rehabilitation (36 CFR 68.3(b)), taking into consideration the economic 
and technical feasibility of each project by means of the procedure in 
section 8 and with reference to the applicable guidelines in appendices 
A and B. The Secretary's Standards for Rehabilitation state:
    (1) A property will be used as it was historically or be given a 
new use that requires minimal change to its distinctive materials, 
features, spaces and spatial relationships;
    (2) The historic character will be retained and preserved. The 
removal of distinctive materials or alteration of features, spaces and 
spatial relationships that characterize a property will be avoided;
    (3) Each property will be recognized as a physical record of its 
time, place and use. Changes that create a false sense of historical 
development, such as adding conjectural features or elements from other 
historic properties, will not be undertaken;
    (4) Changes to a property that have acquired historic significance 
in their own right will be retained and preserved;
    (5) Distinctive materials, features, finishes and construction 
techniques or examples of craftsmanship that characterize a property 
will be preserved;
    (6) Deteriorated historic features will be repaired rather than 
replaced. Where the severity of deterioration requires replacement of a 
distinctive feature, the new feature will match the old in design, 
color, texture and, where possible, materials. Replacement of missing 
features will be substantiated by documentary and physical evidence;
    (7) Chemical or physical treatments, if appropriate, will be 
undertaken using the gentlest means possible. Treatments that cause 
damage to historic materials will not be used;
    (8) Archeological resources will be protected and preserved in 
place. If such resources must be disturbed, mitigation measures will be 
undertaken;
    (9) New additions, exterior alterations or related new construction 
will not destroy historic materials, features and spatial relationships 
that characterize the property. The new work will be differentiated 
from the old and will be compatible with the historic materials, 
features, size, scale and proportion, and massing to protect the 
integrity of the property and its environment; and
    (10) New additions and adjacent or related new construction will be 
undertaken in such a manner that, if removed in the future, the 
essential form and integrity of the historic property and its 
environment would be unimpaired.
    As stated in National Park Service Preservation Brief 16 The Use of 
Substitute Materials on Historic Building Exteriors,\18\ the 
Secretary's Standards for Rehabilitation generally require historic 
features be repaired rather than replaced. Standard 6 of the 
Secretary's Standards for Rehabilitation states that when replacement 
of a distinctive feature is necessary, the new feature must ``match the 
old in composition, design, color, texture, and other visual 
properties, and, where possible, materials.'' While the use of in-kind 
materials to replace historic building materials is preferred under the 
Standards for Rehabilitation, those Standards also purposely recognize 
that flexibility is needed when it comes to the use of substitute 
building materials. Substitute building materials that match the visual 
and physical properties of historic materials have been successfully 
used by the Army on many rehabilitation projects under the Program 
Comment for Army Inter-War Era housing in ways that are consistent with 
the Standards for Rehabilitation.\19\
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    \18\ Preservation Brief 16 The Use of Substitute Materials on 
Historic Building Exteriors, National Park Service, September 2023.
    \19\ See the Annual Reports submitted to the ACHP for the 
Program Comment for Army Inter-War Era Housing (1919-1940) at 
https://www.denix.osd.mil/army-pchh/.
---------------------------------------------------------------------------

    The Secretary's Standards for Rehabilitation standards (9) and (10) 
allow for new additions, exterior alterations or related new 
construction that are in accordance with those specified standards. The 
Guidelines for Rehabilitation, Additions, Exterior Alterations, and 
Adjacent or Related Construction in Appendix A of this program comment 
implements those requirements.
    In order to ensure consistency with the Secretary's Standards for 
Rehabilitation, the Army, or RCI housing partner where housing is 
privatized will implement the Secretary's Standards for Rehabilitation 
through the preservation planning guidelines in appendices A and B, 
will take the economic and technical feasibility of each project into 
consideration by following the procedures in section 8, and will have 
qualified historic preservation professionals available to support 
application of the Secretary's Standards for Rehabilitation and the 
building materials selection process.
7.2. Preservation Planning Guidelines in Appendices A and B
    The Army or RCI partner where housing is privatized will plan for 
the selection and use of appropriate building materials in the repair 
and rehabilitation of pre-1919 Army housing. Specific building material 
selection procedures are established in section 8 of this Program 
Comment that consider the need to maintain the historic and 
architectural character of pre-1919 housing in a balanced priority with 
cost, climate resiliency, materials durability, and the health, safety, 
and quality of life considerations for military families living in pre-
1919 housing. To further ensure that proper planning for and use of 
appropriate building materials occurs, this Program Comment also 
provides for support from qualified historic preservation professionals 
(see section 11) and includes two preservation planning documents: 
Design Guidelines for Pre-1919 Army Housing and Building Materials 
Guidelines and Catalog for Pre-1919 Army Housing incorporated as 
Appendices A and B, respectively.
    The Design Guidelines for Pre-1919 Army Housing in Appendix A 
provide specific information regarding pre-1919 housing architectural 
styles and identify character-defining features and design elements 
associated with the pre-1919 architectural styles. Character-defining 
features include the overall shape, style, and design of the building, 
decorative details, interior spaces and features, as well as its 
associated buildings and structures, and landscape features. The Design 
Guidelines for Pre-1919 Army Housing include detailed guidance for 
rehabilitation and features such as windows and doors, entrances, 
porches, roofs, foundations and walls, interiors, interior structural 
systems, historic designed landscapes and features, historic districts, 
circulation systems, associated buildings and structures, as well as 
guidance on mothballing of housing, emergency repairs and disasters, 
and actions related to military force protection requirements.
    The Building Materials Guidelines and Catalog for Pre-1919 Army 
Housing in Appendix B is used in concert with the Design Guidelines for 
Pre-1919 Army Housing. The Building Materials Guidelines and Catalog 
provides additional specificity on building materials and their use. 
The Building Materials Guidelines and Catalog provides information to 
assist in selecting the appropriate building materials that maintain 
the historic and architectural character of the housing and meet cost 
and technical feasibility

[[Page 50358]]

requirement of the Secretary's Standards. Catalog entries are provided 
for major components of pre-1919 housing design. Design considerations 
for each catalog entry are derived from the design fundamentals of 
scale, mass, proportion, and materials. This provides the guidance for 
selection of appropriate materials and component designs that factor 
location, type, size, finish and maintenance into their selection. 
Focus is on appropriate design, applicable materials, and performance 
characteristics with emphasis on retention of overall housing design 
integrity.
    The Building Materials Guidelines and Catalog includes in-kind, and 
substitute building materials. A range of modern substitute building 
materials are included for considerations related to economic 
feasibility and technical feasibility such as material durability, 
energy efficiency, and climate resiliency. Cost and durability are 
factors relevant for example to the selection of in-kind wood windows 
or windows made of substitute materials such as vinyl. As stated in 
National Park Service Preservation Brief 16, the poor quality of 
available commercial supplies of lumber no longer provides the denser, 
more decay-resistant wood of old-growth forests. Due to the poor 
quality of available lumber used in the manufacture of in-kind wood 
windows, modern vinyl windows are as or more durable than today's in-
kind wood windows. This is made clear by the manufacturer warranty 
periods provided for vinyl windows which are as long or longer than the 
manufacturer warranties for in-kind wood windows.\20\ Vinyl windows can 
also provide an adequate visual replication of the historic windows, 
cost significantly less than in-kind wood windows, have a shorter turn-
around time for manufacture and installation, improve energy 
efficiency, and have lower long-term maintenance requirements.
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    \20\ See Supplemental Information Briefing at https://www.denix.osd.mil/army-pre1919-pchh/.
---------------------------------------------------------------------------

    As stated in National Park Service Preservation Brief 16, when a 
substitute building material is used for replacement, a loss in 
integrity can sometimes although not always occur. That situation is 
mitigated by the fact that substitute building materials are reversible 
and can be replaced with in-kind materials at any point in time. 
Additionally, the support of qualified historic preservation 
professionals (see section 11) in the building materials selection 
process and monitoring of management actions by the Army FPO will 
ensure that the historic character of pre-1919 housing and historic 
districts is maintained.
7.3. Consideration of Interior Spaces
    The Army has extensive documentation and recordation of the 
interiors of pre-1919 housing. The original floorplans designed by the 
Army Quartermaster Corps for pre-1919 housing have been collected, 
categorized, reproduced, and analyzed in A Study of United States Army 
Family Housing Standardized Plans, Volumes 1-5, (Grashof, B., 1986), 
posted at https://www.denix.osd.mil/army-pre1919-pchh/. The Army also 
has 77 HABS documents for pre-1919 housing posted at https://www.denix.osd.mil/army-pre1919-pchh/ which represent a sample of over 
10% of the Army's pre-1919 housing units. The housing selected for HABS 
documentation are the most representative examples of this category of 
Army housing and records their setting, interiors, and exteriors. The 
extensive historical documentation and analysis of original floorplans 
combined with the HABS recordation of pre-1919 Army housing are 
suitable and appropriate mitigation measures for this Program Comment.
    The Army's pre-1919 homes have been continuously occupied by Army 
families for 100 to 200 years and the original interior floorplans have 
all been modified. Current floorplans include rooms that were not 
features of the original Quartermaster Corps design, new walls and 
partitions have been added to expand kitchens and to create bathrooms 
and closets that were not features of original construction. Additions 
have been made, floors, walls, and ceilings have been cut through and 
modified to add plumbing, electrical service, and heating and 
ventilation ductwork, plaster walls have been replaced with drywall, 
paint and plaster have been removed to create a new appearance. Some of 
the homes have had complete renovations prior to enactment of the NHPA; 
for example, Quarters 1 is a pre-1919 home at Fort Myer, Virginia 
documented to have been ``completely renovated'' in 1953.\21\
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    \21\ Quarters 1, Fort Myer. General Condition and Programmed 
Improvements. June 20, 1967. Fort Myer Quarters 1, HABS 
documentation package, posted at https://www.denix.osd.mil/army-pre1919-pchh/.
---------------------------------------------------------------------------

    The Secretary's Standards for Rehabilitation state that changes to 
a property that have acquired historic significance in their own right 
will be retained and preserved. The significance of the interiors of 
pre-1919 Army housing is that they represent such changes in terms of 
the ongoing evolution of interior spaces in response to changing 
technological, military, and quality of life, health, and safety 
requirements, and interior design trends. To maintain their 
significance, the interiors must continue to develop and change in 
response to changing military, technological, and social needs, and 
such changes will acquire future historic significance in their own 
right. The interiors of pre-1919 Army housing could be adversely 
affected if their development were frozen at an arbitrary point in 
time.
    The Design Guidelines for Pre-1919 Army Housing in Appendix A 
contain Guidelines for Interiors. In consideration of the above, the 
Guidelines for Interiors state that where the existing interior 
floorplan does not accommodate current technological, military, or 
quality of life, health, and safety requirements, floorplan 
reconfiguration is acceptable if implemented in accordance with the 
Guidelines. The Guidelines for Interiors requires the retention of 
interior features that are important in defining the overall historic 
character of the building to the extent possible. Interior character-
defining features include columns, cornices, baseboards, crown molding, 
fireplaces and mantels, stairs, and ceiling height. Before removing 
interior walls that would result in a loss of historic features, the 
Army or Army housing partner where the housing is privatized will first 
consider options to retain those interior walls and historic features. 
If, following consideration of the economic and technical feasibility 
of the project, the Army or Army housing partner where the housing has 
been privatized must proceed with the removal of interior walls, they 
will consider retaining historic features. When in situ preservation of 
such historic features is not possible, the Army or Army housing 
partner will retain such historic features through salvage and will 
preserve those features through reuse on other similar housing at that 
location, to the maximum extent possible.

8.0. Procedure for Building Materials Assessment and Selection

8.1. Building Materials Selection Procedure Summary
    The Army or RCI partner where housing is privatized, will implement 
the following building materials selection procedure in support of 
management actions and with the assistance of qualified historic 
preservation professionals, as needed. The procedure first evaluates 
the character and condition of the historic building material and 
considers if the

[[Page 50359]]

repair of historic building material is financially and technically 
feasible. If repair of historic building materials is not feasible, in-
kind building materials or substitute building materials are considered 
for replacement of historic building materials with reference to the 
Design Guidelines for Pre-1919 Army Housing and Building Materials 
Guidelines and Catalog for Pre-1919 Army Housing in appendices A and B. 
Section 11 of this Program Comment ensures qualified historic 
preservation professionals are available to support implementation of 
the building materials selection procedure. This procedure ensures 
preservation of the integrity of pre-1919 housing and historic 
districts to the maximum extent possible by a thorough consideration of 
character defining features, design, materials, workmanship, feeling, 
and association.
8.2. Building Materials Selection Procedure
    Prior to execution of a project under an applicable management 
action, the following step-by-step procedure will be implemented by the 
Army or by the RCI partner where housing is privatized with the 
assistance of qualified historic preservation professionals, as needed:
    (1) Characterize the historic building materials present in terms 
of condition, design, material properties, performance, safety, and 
presence of hazards such as lead-based paint, asbestos, and other 
hazardous materials;
    (2) Determine if historic building materials can be repaired or if 
they must be replaced due to technical and financial feasibility 
factors. Consider health and safety factors, availability of historic 
materials and/or skilled craftsmen, need to improve quality of life, 
climate resiliency, energy efficiency. Assess financial feasibility and 
determine if costs of repair will impede full implementation of scope 
of the project;
    (3) If replacement is required, determine if there are material 
characteristics of the historic building materials that should be 
improved upon;
    (4) Identify potential in-kind building materials and substitute 
building materials with reference to appendices A and B. Compile a 
short list of potential in-kind building materials and/or substitute 
building materials;
    (5) Determine the technical feasibility of the potential in-kind 
and substitute materials by evaluating quality of life, health and 
safety considerations, climate resiliency, energy efficiency, long-term 
durability of materials;
    (6) Determine the financial feasibility of the potential in-kind 
and substitute materials through an assessment of the project budget 
and consideration of materials and labor costs to ensure full 
implementation of the project. Cost assessment should also include 
consideration of historic preservation tax credits; and
    (7) Select the appropriate in-kind building material or substitute 
building material and use the selected material in the management 
action.
    To ensure management actions follow the building materials 
selection procedure, Design Guidelines for Pre-1919 Army Housing, and 
the Building Materials Guidelines and Catalog for Pre-1919 Army 
Housing, the Army Federal Preservation Officer (FPO) will:
    (1) Ensure installations and Army privatized housing partners with 
pre-1919 housing have access to the building materials selection 
procedure in this Program Comment, the Design Guidelines for Pre-1919 
Army Housing (Appendix A), and the Building Materials Guidelines and 
Catalog for Pre-1919 Army Housing (Appendix B);
    (2) Ensure that qualified historic preservation professionals are 
available to support the building materials selection process and 
application of the Secretary Standards for Rehabilitation as 
implemented through appendices A and B, and to provide on-site 
monitoring for activities under this Program Comment;
    (3) Maintain oversight of the Design Guidelines for Pre-1919 Army 
Housing and the Building Materials Guidelines and Catalog for Pre-1919 
Army Housing and update the Building Materials Guidelines and Catalog 
Pre-1919 Army Housing as new applicable building materials become 
available; and
    (4) Make the Program Comment, Design Guidelines for Pre-1919 Army 
Housing and Building Materials Guidelines and Catalog for Pre-1919 Army 
Housing publicly available on the Army's pre-1919 Program Comment 
website.

9.0. Historic Preservation Tax Credits

    The Army FPO will advise its RCI privatized housing partners that 
pre-1919 housing rehabilitation may be eligible for Federal and State 
historic preservation tax credits. Additional information may be found 
at the National Park Service Historic Preservation Tax Incentives page 
https://www.nps.gov/subjects/taxincentives/index.htm, and at the 
Internal Revenue Service web page https://www.irs.gov/businesses/small-businesses-self-employed/rehabilitation-tax-credit-real-estate-tax-tips. Individual states may also offer similar state-level tax 
incentive programs for historic building rehabilitation and additional 
information on state-level historic preservation tax incentive programs 
may be obtained from the relevant State Historic Preservation Office. 
It is noted that the National Park Service approves federal tax act 
rehabilitation projects that include use of substitute building 
materials.

10.0. Annual Report and Annual Meeting

    The Army FPO will provide an annual report to the ACHP for the 
previous reporting year regarding activities under this Program 
Comment. The annual report will identify any significant issues that 
may have arisen while implementing the Program Comment, how those were 
addressed, and how they may be avoided in the future. The annual report 
will also include an assessment of the overall effectiveness of the 
Program Comment in meeting its intent, and a summary of professional 
assistance and compliance monitoring activities. Annual reporting will 
occur for five years beginning from the date of the ACHP Federal 
Register notice of issuance of this Program Comment.
    Following submission of an annual report, or upon the ACHP's 
request, the Army will schedule a meeting with the ACHP and any other 
ACHP identified invitees to discuss implementation of the Program 
Comment. The meeting provides an opportunity for attendees to provide 
their views on the overall effectiveness of the Program Comment in 
meeting its intent and purpose. Annual meetings may take place in-
person, by phone, virtually using electronic meeting platforms, or any 
combination of such means.
    After the first five years of annual reporting and for the 
remaining duration of this program comment, information on 
implementation of this program comment will be reported every three 
years through the Army's submission to the ACHP Section 3 Report to the 
President under Executive Order (E.O.) 13287 Preserve America. Similar 
to the annual reports, the Section 3 Report will identify significant 
issues that may have arisen while implementing the Program Comment, how 
those were addressed, and how they may be avoided in the future. The 
report will also include an assessment of the overall effectiveness of 
the Program Comment in meeting its intent.

[[Page 50360]]

11.0. Professional Assistance by Qualified Experts

    The Army FPO will provide for professional assistance and 
monitoring of activities under this Program Comment by qualified 
historic preservation experts. Professional assistance will be 
available to the Army's RCI partners by experts that meet qualification 
standards published in 36 CFR part 61 for architectural history, 
architecture, historic architecture, or history. Professional 
assistance will include on-site technical support, on-call technical 
support, and on-site assistance visits and monitoring.
    The Army FPO will provide the contact information of the qualified 
historic preservation professionals to the RCI privatized housing 
partners. The technical expert support includes review of the 
requirements under this Program Comment, support for implementation of 
the Secretary's Standards for Rehabilitation and the building materials 
selection process, use of appendices A and B, and monitoring and 
reporting on activities implemented under this Program Comment. The 
Army FPO will ensure that a minimum of five annual on-site technical 
assistance and monitoring visits occur each reporting year for 
installations with privatized pre-1919 housing. On-call technical 
assistance will also be available to the Army's RCI partners via 
telephone, email, and virtual meetings. The historic preservation 
professional assistance and on-site monitoring activities will be 
reported in each Annual Report.

12.0. Applicability and Implementation

    The Program Comment applies to all privatized and non-privatized 
pre-1919 Army housing, associated buildings and structures, and 
landscape features. Where pre-1919 housing has been privatized, Army 
privatized housing partners are responsible for implementing this 
Program Comment and all management actions following the procedures 
herein. Where housing has not been privatized, or when there is a 
reversion of leased or otherwise conveyed pre-1919 housing from a 
privatized management entity back to the Army, Army installation 
personnel will implement all management actions following this Program 
Comment.
    The Army, or RCI partner where housing is privatized will implement 
the management actions in accordance with this Program Comment in lieu 
of conducting individual project reviews under 36 CFR 800.4-800.7 or 
installation PAs, Memoranda of Agreement (MOAs), or Army Alternate 
Procedures (AAP). This Program Comment supersedes and replaces the 
requirements in all Army installation PAs, MOAs, and AAPs pertaining to 
management actions for pre-1919 housing, associated buildings and 
structures, and landscape features. The Army and its privatized housing 
partners will implement this Program Comment in lieu of all PA, MOA, 
and AAP requirements and procedures previously applicable to the 
management actions for pre-1919 Army housing, associated buildings and 
structures, and landscape features. To further clarify Program Comment 
implementation, existing PAs, MOAs, and AAPs are not voided, rather the 
Program Comment simply replaces the requirements applicable to pre-1919 
housing management actions in existing agreements with the requirements 
of this Program Comment.
    The Program Comment is a stand-alone NHPA section 106 compliance 
document approved by the ACHP. PAs, MOAs, and AAPs shall not be 
developed or amended to ``implement'' the Program Comment. The terms of 
the Program Comment are not subject to any change, amendment, or 
further consultation through PAs, MOAs, AAPs, or other NHPA-related 
actions. Changes to the terms of the Program Comment can only be made 
following the amendment procedures in section 14 this program comment.
    The Army or RCI partner where housing is privatized will also 
implement the Program Comment in lieu of any procedures, environmental 
management plans, guidelines, reporting requirements, Integrated 
Cultural Resources Management Plans, and all other installation 
documents, standards, procedures, or guidelines pertaining to pre-1919 
housing, associated buildings and structures, and landscape features.
    The Army or RCI partner where housing is privatized will not 
implement any further historic property identification, evaluation, or 
documentation in connection with pre-1919 housing and the management 
actions covered by the Program Comment. Pre-1919 Army housing is 
adequately identified, evaluated, and documented by the referenced 
mitigation documents at https://denix.osd.mil/army-pre1919-pchh/.
    Army pre-1919 housing and historic districts are the equivalent of 
similar historic housing developments in the civilian sector. As such, 
there is significant prior ground disturbance in pre-1919 housing areas 
resulting from the original construction the housing and subsequent 
improvements over the past 100 to 200 years including overall grading 
for the original construction, housing construction, construction of 
associated buildings and structures, road and sidewalk construction, 
installation of above and below ground utilities, landscaping, 
construction of recreational structures, and other ground disturbing 
actions that have occurred after original construction. Such areas of 
extensive ground disturbance associated with housing development are 
generally considered to have a low probability for the presence of NRHP 
eligible archeological properties. No further efforts to identify 
archeological properties or other historic properties will be conducted 
in connection with the implementation of Program Comment management 
actions.
    The Army, or RCI partner where housing is privatized will protect 
known archeological resources and preserve them in place whenever 
possible. If such resources must be disturbed, mitigation measures will 
be undertaken by the Army. If implementation of any management actions 
under this Program Comment may cause damage, physical destruction, or 
change in the physical features of all or any part of a known NRHP-
eligible archeological site or property of traditional religious and 
cultural importance to Federally recognized Indian tribes or Native 
Hawaiian Organizations, those effects will be addressed by the Army 
following the procedures in 36 CFR 800.4-800.7 in consideration of 
applicable principles in the ACHP Policy Statement on Burial Sites, 
Human Remains, and Funerary Objects, or by following procedures in an 
applicable installation PA. The unanticipated discovery of a NRHP 
eligible archeological property or human remains during implementation 
of management actions will be addressed following the procedures in 36 
CFR 800.13, or by following the unanticipated discovery procedures in 
an applicable installation PA, and/or by following the compliance 
procedures of the Native American Graves Protection and Repatriation 
Act, as applicable.
    The Program Comment is not applicable to pre-1919 housing, 
associated buildings and structures, and landscape features that have 
previously been determined to be not eligible for inclusion in the NRHP 
in accordance with 36 CFR 800.4(c)(2), an applicable NHPA agreement 
document, or by a determination of eligibility pursuant to 36 CFR 63. 
If at a future date pre-1919 housing, associated buildings and 
structures, and landscape features previously determined not eligible 
for

[[Page 50361]]

inclusion in the NRHP are reassessed and subsequently determined to be 
eligible for inclusion in the NRHP, NHPA section 106 compliance for 
those properties shall occur by means of this Program Comment.

13.0. Effect and Duration

    This Program Comment will remain in effect from the date of 
adoption by the ACHP through December 31, 2055, unless prior to that 
time the Army determines that such comments are no longer needed and 
notifies the ACHP in writing, or the ACHP withdraws the Program Comment 
in accordance with 36 CFR 800.14(e)(6). Following such withdrawal, the 
Army will be required to comply with section 106 through the process in 
36 CFR 800.4-800.7, or an applicable program alternative under 36 CFR 
800.14, for each individual undertaking formerly covered by this 
Program Comment.
    The effective period for the Program Comment coincides with the 
term of the ground leases that have been executed with the Army's 
privatized housing partners under the RCI program. Upon termination of 
the ground lease, ownership of all RCI partnership owned improvements 
including all housing that is located within the boundaries of the 
ground lease is automatically conveyed back to the Army. On or prior to 
December 31, 2055, the Army and the ACHP will meet to determine whether 
to consider an extension to the term of this Program Comment.

14.0. Program Comment Amendment and Withdrawal

    The ACHP may formally amend this Program Comment after consulting 
with the Army and other parties as it deems appropriate.
14.1. Amendment by Chair, ACHP
    The Chair of the ACHP, after notice to the rest of the ACHP 
membership and the Army may amend this Program Comment to extend its 
duration. The ACHP will notify the Army and will publish notice in the 
Federal Register regarding such amendment within 30 days after their 
issuance.
14.2. Amendment by Executive Director, ACHP
    The Executive Director of the ACHP, after notice to the ACHP 
membership and the Army may amend this Program Comment to adjust due 
dates and make corrections of grammatical and typographical errors. The 
ACHP will notify the Army and will publish notice in the Federal 
Register regarding such amendments within 30 days after their issuance.
14.3. Other Amendments
    Amendments to this Program Comment not covered by sections 14.1 or 
14.2, above, will be subject to ACHP membership approval.
14.4. Withdrawal of the Program Comment
    If the ACHP determines that treatment of Army pre-1919 housing is 
not being carried out in a manner consistent with this Program Comment, 
the ACHP may withdraw the Program Comment. The Chair will then notify 
the Army and will publish notice in the Federal Register regarding 
withdrawal of the Program Comment within 30 days of the decision to 
withdraw. If this Program Comment is so withdrawn, the Army shall 
comply with the requirements of 36 CFR 800.4-800.7, or an applicable 
program alternative, for individual undertakings covered by this 
Program Comment.

15.0. Definitions

    The following definitions apply for the purposes of the Program 
Comment:
    Abate or abatement means actions to eliminate, lessen, reduce, or 
remove hazardous and toxic materials, and unsafe conditions.
    Army Pre-1919 historic housing is all privatized and non-privatized 
Army housing, with construction completed prior to January 1, 1919, 
located on an Army installation, a joint base, or managed by the Army 
or by an Army privatized housing partner including those operating 
under the RCI program. The terms housing, pre-1919 housing, and pre-
1919 historic Army housing are used interchangeably in the Program 
Comment and mean all Army pre-1919 historic housing, associated 
buildings and structures, landscapes and landscape features, and 
neighborhoods. Quarters 18 at Palm Circle, Fort Shafter, HI constructed 
in 1924 is included in this Program Comment to ensure consistent 
treatment of the housing in this predominantly pre-1919 historic 
district.
    Army pre-1919 neighborhood means a geographical area, district, 
development, community, subdivision, or locality on an installation 
that is characterized by and comprised predominantly of Army pre-1919 
housing, associated buildings and structures, and landscapes and 
landscape features.
    Associated buildings and structures includes detached garages, 
carports, storage buildings, above and below ground utilities and 
service systems including water, sewage, storm water, gas, and 
electrical service systems, tennis courts, pools, all buildings and 
structures associated with recreational and athletic activities, 
playgrounds and playground equipment, all other recreational buildings 
and structures, gazebos, fencing, community centers, shelters, 
associated ancillary facilities that support housing, and any and all 
other buildings, structures, and objects associated Army pre-1919 
housing located within Army pre-1919 housing neighborhoods.
    Associated ancillary purposes that support housing operations 
(reference Lease, transfer, and conveyance) refers to the use of pre-
1919 housing, buildings, and structures for purposes such as offices 
including rental offices for privatized housing partners, community 
centers, public safety offices that service the housing areas, and 
other purposes that support housing operations and residents of pre-
1919 housing.
    Climate resilient building materials means, for the purposes of 
this Program Comment, modern building materials that are used to 
retrofit historic buildings in order to better withstand and recover 
from the negative impacts of climate change including extreme weather 
events. Climate resilient building materials help minimize those 
impacts on people and on the costs to retrofit and repair historic 
buildings, while preserving their historic character as much as 
possible.
    Economic feasibility means a determination if the estimated costs 
of a proposed project including consideration of the project's 
available budget, the cost of building materials, labor, and other 
considerations, may jeopardize the viability and complete 
implementation of the full scope and all parts of the proposed project. 
The term economic feasibility is used interchangeably with financial 
feasibility and cost feasibility for the purposes of this Program 
Comment.
    Financial feasibility see definition of economic feasibility.
    Health and safety hazards means housing that has any of the 
following conditions: damaged roofs or walls; non-functional or poorly 
functioning mechanical systems; unsafe common areas such as stairs; 
significant rodent, insect, or mold infestations; lead based paint 
exposure risks; asbestos exposure risks; risk of exposure to other 
chemical or environmental hazards; violations of health and safety 
codes and standards; damages due to fire, flooding, or natural 
disasters; and other conditions that present health hazards or make the 
housing unsafe or uninhabitable.
    Historic building materials means building materials that were used 
in the initial construction of pre-1919 housing, and/or for designated 
NHLs, all

[[Page 50362]]

materials within the period of significance.
    Historic character means the same as the terms usage in The 
Secretary of the Interior's Standards for the Treatment of Historic 
Properties at 36 CFR 68.
    Historic designed landscapes and features are landscapes and their 
features that were designed or laid out by a landscape architect, 
master gardener, architect, or horticulturist according to design 
principles, and retain significant character-defining features of their 
original design.
    Historic district means a geographically definable area that 
possesses a significant concentration of historic buildings, associated 
buildings and structures, and objects united historically by plan or 
physical development that area eligible for inclusion or that are 
included in the NRHP.
    Historic property means buildings, sites, structures, objects, and 
districts that are eligible for inclusion or that are included in the 
NRHP.
    Homes and housing units are used interchangeably for the purposes 
of this Program Comment.
    Imitative substitute building materials means modern, industry 
standard, natural, composite, and synthetic materials that that 
simulate the appearance, physical properties, and related attributes of 
historic materials well enough to make them alternatives for use when 
historic building materials require replacement. The terms imitative 
substitute building materials and substitute building materials are 
used interchangeably for the purposes of this Program Comment and apply 
to both interior and exterior building materials.
    In-kind building materials means new building materials that are 
identical to historic building materials in all possible respects, 
including their composition, design, color, texture, and other physical 
and visual properties.
    Landscape features and landscapes includes the overall design and 
layout of the pre-1919 housing neighborhoods including roadway 
circulation systems and patterns, plantings and landscaping, gardens, 
open spaces, playgrounds, recreational landscape features including but 
not limited to recreational and athletic fields, golf courses, fencing, 
parking areas, signage, site furnishings, parade grounds, lighting, 
sidewalks and curbing, driveways, setbacks, historic designed 
landscapes and features, all visual elements and viewsheds into pre-
1919 housing and neighborhoods and out from pre-1919 housing and 
historic districts into other historic properties and districts, any 
and all other landscape features present in pre-1919 housing and 
historic districts, and any archeological properties or features 
associated with pre-1919 housing construction. The term landscape 
features as used in the Program Comment is inclusive of all landscapes 
and landscape features in pre-1919 historic districts.
    Lease, transfer, and conveyance means the execution of lease, 
transfer, and conveyance documents for lease, possession, management, 
operation, and transfer of pre-1919 housing solely for the purposes of 
and use as housing and associated ancillary purposes that support 
housing operations. The terms of this Program Comment apply to any such 
lease, transfer, and conveyance. The RCI ground lease requires the 
lessee (i.e., the limited liability corporation whose members include 
the Army and the privatized housing partner) to comply with all 
applicable laws and regulations. As the requirements of the Program 
Comment constitute applicable law and regulation, lessee compliance 
with the Program Comment is required. As new ground leases on which 
pre-1919 housing is located are prepared, or as such existing ground 
leases are amended, an explicit requirement to comply with this Program 
Comment will be added. In the event of a conflict or inconsistency 
between a lease, transfer, and conveyance document and the Program 
Comment, with respect to the obligations pursuant to sections 106 of 
the NHPA, the terms of this Program Comment shall govern.
    Maintenance and repair means activities required to maintain the 
interior and exterior of housing, mechanical systems, and all interior 
and exterior building features, elements, and materials in an 
operational state, or to bring them back to operating condition by 
repair or replacement of obsolete, broken, damaged, or deteriorated 
mechanical systems, features, elements, and materials on housing 
interiors or exteriors.
    Management actions means maintenance, repair, rehabilitation, 
abatement of hazardous materials, mothballing, and lease, transfer, and 
conveyance.
    Mechanical systems means heating, ventilation, air conditioning, 
plumbing, and electrical systems, and the individual elements and 
components of each system.
    Mitigation measures means any existing, new, or updated materials 
or actions that serve to address, reduce, minimize, or otherwise 
mitigate adverse effects on historic properties, and may include 
research reports, historical documentation, recordation, and other 
materials and activities.
    Mothballing means an action to close and deactivate housing and/or 
associated buildings and structures for an extended period, with the 
intent that the property would be brought back to a mission supporting 
operational status at some future time.
    National Historic Landmark means historic properties formally 
designated by the Secretary of the Interior under the authority of the 
Historic Sites Act of 1935, that possess exceptional value in 
commemorating or illustrating the history of the United States.
    Physical properties means overall size, dimensions, and visual 
appearance.
    Privatized housing means Army housing that has been privatized 
under the Army's Residential Communities Initiative (RCI). The RCI 
operates on Army installations through the operation of legal 
partnerships between the Army and private sector developers. At each 
installation where RCI housing is located, the Army conveys ownership 
of existing housing and leases land to the RCI partnership. The RCI 
partnership with the Army then operates and manages the conveyed 
housing and leased lands for military housing purposes.
    Professional assistance or qualified historic preservation 
professional means assistance from an individual who meets the 
Professional Qualification Standards previously published in 36 CFR 61 
in the field of architectural history, architecture, historic 
architecture, or history.
    Rehabilitation means, in accordance with the Secretary of the 
Interior's Standards for Rehabilitation at 36 CFR 68.3(b), the act or 
process of making possible an efficient compatible use for pre-1919 
housing through repair, alterations and additions while preserving 
those portions or features that convey its historical, cultural or 
architectural values. Includes actions to improve energy efficiency and 
climate resiliency, address obsolete, damaged, deteriorated, or 
defective interior and exterior building materials and elements, and 
make other changes to improve the quality of life, health, and safety 
of residents. Rehabilitation includes additions, exterior alterations, 
and adjacent or related new construction allowed under the Secretary of 
the Interior's Standards for Rehabilitation (9) and (10), provided they 
are in accordance with the design guidelines in appendix A.
    Substitute building materials means modern, industry standard, 
natural, composite, and synthetic materials that

[[Page 50363]]

simulate the appearance, physical properties, and related attributes of 
historic materials well enough to make them alternatives for use when 
historic building materials require replacement. The terms substitute 
building materials and imitative substitute building materials are used 
interchangeably for the purposes of this Program Comment and apply to 
both interior and exterior building materials.
    Technical feasibility means an assessment of relevant factors to 
determine if an action, project, or product is suitable, practical, 
viable, and can be successfully implemented. For the purposes of this 
program comment, technical feasibility factors include quality of life, 
health, safety, climate resiliency, energy efficiency, durability of 
building materials, and compliance process time.
    Texture means the visual surface appearance of building materials.
    To the maximum extent possible means implementation of actions to 
the extent capable of being carried out with reasonable effort taking 
into account economic and technical feasibility.
    Viewshed includes all the area visible from a particular location, 
viewing point, or series of viewing points. It includes all visual 
elements and surrounding points that are in the line of sight from any 
location, viewing point, or series of viewing points and excludes all 
points and locations that are not visible and/or are obstructed by 
terrain, other natural features, man-made features, and points beyond 
the horizon.

16.0. Appendices

Appendix A--Design Guidelines for Pre-1919 Army Housing \22\
---------------------------------------------------------------------------

    \22\ From Design Guidelines for Department of Defense Historic 
Buildings and Districts. Heather McDonald and Michelle Michael. 
August 2008. DoD Legacy Program Project 07-382.
---------------------------------------------------------------------------

Appendix B--Building Materials Guidelines and Catalog for Pre-1919 Army 
Housing \23\
---------------------------------------------------------------------------

    \23\ Prepared by R. Christopher Goodwin & Associates.
---------------------------------------------------------------------------

    The Design Guidelines in Appendix A and the Building Materials 
Catalog in Appendix B, along with the building materials selection 
procedure in section 8 are the means whereby the Army implements the 
Secretary's Standards for Rehabilitation. The guidelines in Appendix A 
and B were prepared with the assistance of qualified experts that meet 
qualification standards published in 36 CFR part 61 for architectural 
history, architecture, historic architecture, or history. [As mentioned 
above, due to their length, the appendices of the issued Program 
Comment are not reproduced here. A copy of the full Program Comment 
with its appendices, and related information, can be found at: https://www.denix.osd.mil/army-pre1919-pchh/. The Program Comment with 
appendices is the document linked as ``Program Comment Pre-1919 Army 
Housing'' under the Administrative and Technical Documents column of 
the web page.]
    Authority: 36 CFR 800.14(e).

    Dated: June 10, 2024.
Javier Marques,
General Counsel.
[FR Doc. 2024-13045 Filed 6-12-24; 8:45 am]
BILLING CODE 4310-K6-P