The Advisory Council on Historic Preservation (ACHP) has amended a 2017 Program Comment (Amended Program Comment”) to streamline historic preservation review of federally funded projects to quicken the pace of broadband deployment. The Amended Program Comment provides an alternative way for federal agencies to comply with Section 106 of the National Historic Preservation Act which requires consideration of the effects of undertakings on historic properties. The Amended Program Comment is intended to assist federal agencies in approving the deployment of next generation technologies and increase the predictability of permit application reviews for federal funding of high-speed Internet deployments. The Amended Program Comment expands the scope to cover any federal agency providing funding, licenses, and authorizations, and is no longer limited to federal lands. However, absent certain criteria, projects that would impact national monuments, national historic landmarks, and Tribal lands remain subject to standard Section 106 reviews, and federal agencies are required to offer compensation to Tribes when tasked to provide additional services beyond responding to findings and determinations.
