The National Telecommunications and Information Administration (NTIA) has requested that the Advisory Council on Historic Preservation (ACHP) extend the applicability of the 2017 Program Comment for Communications Projects on Federal Lands and Property (2017 PC) to create a uniform Section 106 review process for all federal agencies that fund broadband communications projects. NTIA asserts that the amendment is needed due to the 2021 Infrastructure Investment and Jobs Act which will generate an unprecedented volume of communications infrastructure projects all subject to environmental review and compliance with Section 106 of the National Historic Preservation Act (NHPA). Based on the extensive record of past Section 106 reviews, NTIA confirms minimal findings of adverse effects, and therefore asserts the amendment would create efficiencies by streamlining reviews while still considering the effects of communications projects on historic properties. The 2017 PC was adopted as an alternative streamlined approach for agencies, such as RUS, to comply with Section 106 for broadband projects on federal lands.
To amend a PC, the ACHP must consult with State Historic Preservation Officers, the National Trust for Historic Preservation, Tribes, federal agencies, and industry stakeholders. The ACHP is holding virtual consultation meetings on December 12 and 13, 2023, to determine whether to proceed with the amendment. Written comments are due by January 12, 2024, and should be submitted to: program_alternatives@achp.gov.
