[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Notices]
[Pages 76346-76347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29667]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Notice of Department of Defense Adoption of a Program Comment for
DoD Rehabilitation Treatment Measures
AGENCY: Department of Defense.
ACTION: Notice of Department of Defense (DoD) Adoption of a Program
Comment for DoD Rehabilitation Treatment Measures (Program Comment).
-----------------------------------------------------------------------
SUMMARY: This provides notice of the DoD adoption of the Advisory
Council on Historic Preservation's (ACHP's) Program Comment for DoD
Rehabilitation Treatment Measures. The Program Comment provides DoD
with an alternative way to comply with its responsibilities under
Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f,
and its implementing regulations, 36 CFR part 800 (Section 106), with
regard to the effects of rehabilitation treatment measures.
DATES: The Program Comment went into effect on November 14, 2008.
ADDRESSES: Copies of the Program Comment are available on the Defense
Environmental Network Information eXchange (DENIX) Web site at https://www.denix.osd.mil/ProgramAlternatives.
FOR FURTHER INFORMATION CONTACT: Brian Lione, Deputy Federal
Preservation Officer, Department of Defense, 3400 Defense Pentagon Room
5C646, Washington, DC 20301-3400. Fax (703) 607-3124.
[email protected].
Dated: December 10, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
SUPPLEMENTARY INFORMATION: On November 14, 2008, the ACHP approved and
issued to DoD a Program Comment for DoD Rehabilitation Treatment
Measures. The following information includes the full text of the
Program Comment. Copies of appurtenant rehabilitation treatment
measures are available at the DENIX Web address listed above.
Program Comment for Department of Defense
Rehabilitation Treatment Measures
I. Establishment and Authority: This Program Comment was issued by
the ACHP on November 14, 2008 pursuant to 36 CFR 800.14(e).
It provides DoD with an alternative way to comply with its
responsibilities under Section 106 of the National Historic
Preservation Act, 16 U.S.C. 470f, and its implementing regulations, 36
CFR part 800 (Section 106), with regard to the effects of
rehabilitation treatment measures [available at https://www.denix.osd.mil/ProgramAlternatives] to this Program Comment.
The intent of this Program Comment is to reduce compliance
timeframes for routine repair and maintenance undertakings involving
historic properties where DoD chooses to repair and maintain those
resources in accordance with the Secretary of the Interior's Standards
for Rehabilitation, 36 CFR part 67 (Secretary's Standards for
Rehabilitation).
II. Applicability to Department of Defense: Only DoD may use this
Program Comment.
III. Date of Effect: This Program Comment [went] into effect on
November 14, 2008.
IV. Use of Rehabilitation Treatment Measures To Comply With Section
106 Regarding Their Effects:
(1) DoD may comply with Section 106 regarding the effects of
rehabilitation treatment measures on historic properties, and those
properties whose eligibility has not yet been determined, by:
(i) Conducting such work as provided by the relevant rehabilitation
treatment measure(s) [available at https://www.denix.osd.mil/ProgramAlternatives], in conformance with the implementation guidance
documents numbered 01060.01 and 01091.01 in those [documents];
(ii) Ensuring that all work described in the rehabilitation
treatment measures is conducted under the supervision and approval of a
cultural resources professional who meets the relevant standards
outlined in the Secretary of the Interior's Professional Qualification
Standards, pursuant to 36 CFR part 61 (Secretary's Standards on
Professional Qualification); and
(iii) Keeping a record, at the relevant DoD installation, detailing
each use of a rehabilitation treatment measure under this Program
Comment for no less than five years from the final date of the
implementation of the rehabilitation treatment measure. Each record
must include the following information:
(a) A description of the implementation of the rehabilitation
treatment measure (including the specific location of the treatment);
(b) The date(s) when the rehabilitation treatment measure was
implemented;
(c) The name(s) of the personnel that carried out and/or supervised
the use of the rehabilitation treatment measure;
(d) A summary of the treatment implementation, indicating how the
rehabilitation treatment measure was carried out, any problems that
arose, and the final outcome; and
(e) A summary of any refinements to the rehabilitation treatment
measures that the installation and relevant State Historic Preservation
Officer (SHPO) has agreed upon per Stipulation IV(4), below.
DoD must provide copies of these records, within a reasonable
timeframe, when requested by the ACHP or the relevant SHPO.
(2) Before it begins using this Program Comment, a DoD installation
must provide written notification to the relevant SHPO stating that it
intends to begin using it and specifying which rehabilitation treatment
measures it deems appropriate for use with regard to the historic
properties at the installation. The installation may begin using this
Program Comment 30 days after such notification.
(3) A DoD installation must also provide written notification to
the relevant SHPO when it intends to begin using a rehabilitation
treatment measure that has been added to this Program Comment per
Stipulation VI. The installation may begin using such an added
rehabilitation treatment measure 30 days after such notification.
(4) If, in the opinion of a DoD personnel or DoD contractor meeting
the Secretary's Standards on Professional Qualification, quantifiable
scientific or qualitative historic data indicates that a rehabilitation
treatment measure covered by this Program Comment should be refined to
accommodate a specific material or rehabilitation technique that is
more suitable for the relevant historic properties at the installation
and/or that more specifically meets the intent of the Secretary's
Standards for Rehabilitation, the installation shall notify the
relevant SHPO of that proposed refinement. (An example of a refinement
would be the selection of a mortar joint profile appropriate for the
historic property under consideration.) If, within 30 days of receiving
that notification, the
[[Page 76347]]
relevant SHPO disputes whether the proposed refinement to the
rehabilitation treatment measure meets the Secretary's Standards for
Rehabilitation, the installation and the relevant SHPO shall consult to
attempt to resolve that dispute. If the relevant SHPO and the
installation agree to a proposed refinement, or the relevant SHPO fails
to dispute it within the 30 day period, the installation may proceed in
accordance with the proposed refinement. Consultation about, and
agreement or disagreement regarding, proposed refinements does not
affect the ability of an installation to continue using this Program
Comment and any of its existing rehabilitation treatment measures.
V. Program Comment Does not Cover Aspects of Undertakings Beyond
the Specific Rehabilitation Treatment Measures: While DoD may comply
with Section 106 regarding the effects of rehabilitation treatment
measures on historic properties in accordance with this Program
Comment, the effects of those aspects of its undertakings that are not
specifically covered by the appended rehabilitation treatment measures
must still undergo Section 106 review in accordance with the process
found at 36 CFR 800.3 through 800.7, or applicable alternatives under
36 CFR 800.14 other than this Program Comment. For example, a DoD
undertaking that includes the treatment of the exterior masonry of a
historic building (in accordance with a rehabilitation treatment
measure of this Program Comment) and the demolition of its interior
walls, will still have to undergo Section 106 review outside this
Program Comment for those aspects of the undertaking involving the
demolition of the interior walls.
VI. Process for Adding or Updating Rehabilitation Treatment
Measures: While this Program Comment, as originally adopted, was
limited to five rehabilitation treatment measures, the ACHP expects
more rehabilitation treatment measures to be added to it. The ACHP also
expects that rehabilitation treatment measures included in the Program
Comment may eventually need updating. Accordingly, rehabilitation
treatment measures may be added to this Program Comment, or updated, as
follows:
(1) DoD will notify the ACHP, the National Conference of State
Historic Preservation Officers (NCHSPO), and DOI (collectively,
parties) that it wants to add a rehabilitation treatment measure to the
Program Comment, or to update a rehabilitation treatment measure that
is already a part of the Program Comment. Such a notification will
include a draft of the proposal.
(2) The parties will provide a copy of the draft to the National
Trust for Historic Preservation, the American Institute of Architects,
the American Institute for the Conservation of Historic and Artistic
Works, and the Association for Preservation Technology, and consult
with them before finalizing the proposal. The parties may invite other
entities, including members of professional associations with expertise
on the particular subject matter of the proposed rehabilitation
treatment measure or update, to the consultation.
(3) After such consultation, DoD will submit the finalized version
to DOI with a request for confirmation from DOI that the proposed
rehabilitation treatment measure or update meets the criteria set forth
in the Secretary's Standards for Rehabilitation. DOI will have 45 days
to provide a written response to DoD. Should DOI determine that the
proposed rehabilitation treatment measure or update does not meet the
Secretary's Standards for Rehabilitation, DoD may consult with those
listed on sub-stipulations (1) and (2), above, and revise the proposal
for reconsideration by DOI.
(4) After DOI confirmation that the proposal meets the Secretary's
Standards for Rehabilitation, or after the allotted 45 days pass
without a DOI response (at which point, DOI confirmation will be
assumed), DoD may submit the finalized version to the ACHP Executive
Director. If the ACHP Executive Director approves it, the ACHP will
publish a notice of availability of the approved addition or update in
the Federal Register. The addition or update will go into effect upon
such publication.
VII. Process for Removing Rehabilitation Treatment Measures: The
ACHP may remove a rehabilitation treatment measure from the Program
Comment by publishing a Federal Register notice to that effect. The
Program Comment will continue to operate with the other rehabilitation
treatment measures that have not been removed.
VIII. Latest Version of the Program Comment: DoD and/or the ACHP
will include the most current version of the Program Comment (with the
latest amendments and updates) in a publicly accessible Web site. The
latest Web address for that site will be included in each of the
Federal Register notices for amending, removing or updating
rehabilitation treatment measures in the Program Comment. This document
and its appended rehabilitation measures will initially be available at
https://www.denix.osd.mil/ProgramAlternatives.
IX. Annual Reports and Meetings: The parties shall meet once a
year, in November, to discuss the implementation of the Program Comment
and to consider whether rehabilitation treatment measures that have not
been updated in five years should be updated in accordance with
Stipulation VI. At least 60 days prior to such meetings, the parties
may request of DoD more information on any issues at specific military
installations. DoD will collect information from these military
installations on their experience, for the previous twelve months, on
how often and where the Program Comment has been utilized, examples of
successful implementation, and examples of failures or problems with
implementation.
X. Amendment: The ACHP may amend this Program Comment (other than
the * * * rehabilitation treatment measures themselves, which are
amended according to Stipulations VI and VII, above) after consulting
with the parties and publishing a Federal Register notice to that
effect.
XI. Termination: The ACHP may terminate this Program Comment by
publication of a notice in the Federal Register 30 days before the
termination takes effect.
XII. Sunset Clause: This Program Comment will terminate on its own
accord on November 1, 2018, unless it is amended before that date to
extend that period.
XIII. Historic Properties in Tribal Lands and Historic Properties
of Significance to Indian Tribes and Native Hawaiian Organizations:
This Program Comment does not apply in connection with effects to
historic properties that are located on tribal lands and/or that are of
religious and cultural significance to Indian tribes or Native Hawaiian
organizations.
XIV. Definitions: The definitions found at 36 CFR part 800 apply to
the terms used in this Program Comment.
XV. Rehabilitation Treatment Measure Appendices: [see https://www.denix.osd.mil/ProgramAlternatives].
Authority: 36 CFR 800.14(e).
Dated: Date of submission.
Signed: Maureen Sullivan,
Director, Environmental Management.
[FR Doc. E8-29667 Filed 12-15-08; 8:45 am]
BILLING CODE 5001-06-P