ACHP Approves Two Exemptions from Section 106 Review Nationwide
CASE STUDY
Exemption for Undertakings Involving Electric Vehicle Supply Equipment The ACHP approved the first of two new exemptions in October 2022, exempting certain installations of electric vehicle supply equipment (EVSE) from Section 106 review. As the federal government continues its commitment to convert its entire vehicle fleet to electric vehicles, in particular through provisions introduced or reauthorized under the Infrastructure Investment and Jobs Act, federal agencies have expanded the installation of EVSE to support their operations. The repetitive nature of these installations, and their relatively small scale, made them suitable candidates for an exemption from Section 106 review. Because these requirements apply to federal agencies across the government, the ACHP itself determined it would initiate an exemption for certain EVSE installations. After hosting a series of consultation meetings, the ACHP determined that the installation of certain EVSE for passenger cars and light duty vehicles is likely to result in minimal or no effects to historic properties so long as it relies on existing electric infrastructure and parking structures, among other conditions. The introduction and approval of an EVSE exemption has gone on to assist federal agencies in meeting the Administration’s fleet electrification and overall sustainability goals.
The ACHP recently approved two exemptions that release federal agencies, in certain circumstances, from the Section 106 requirement to consider the effects of certain types of their undertakings on historic properties. Exempted categories, often referred to as “exemptions,” are one of the five program alternatives available in the Section 106 regulations. This program alternative allows federal agencies to propose a program or category of agency undertaking that should be exempt from further review under Section 106. The ACHP may also propose an exemption on its own initiative. While rarely pursued, exemptions can be used to reduce review burdens for programs that have limited potential to affect historic properties so that available resources can be focused on those programs and projects that stand to cause greater effects to historic properties.
GSA Exemption for Routine Operations and Maintenance Activities In January 2023, the ACHP approved an exemption for the General Services Administration’s (GSA) routine operations and maintenance activities. As part of its daily functions as the federal government’s primary workspace provider, GSA conducts a variety of routine property maintenance activities that have little to no effect on historic properties. Given GSA’s comprehensive preservation policies, preservation personnel qualifications, widely recognized program, and decades- long track record of excellent compliance, the ACHP recommended GSA pursue an exemption for these activities. In
preparation for this exemption, GSA conducted extensive informational and consultation meetings with historic preservation organizations and Indian Tribes to delineate the appropriate scope of exempted agency activities. The approved exemption is tied to the Secretary of the Interior’s Standards for the Preservation of Historic Properties. Both the ESVE and GSA routine-activities exemptions will ensure the efficient use of taxpayer funds in carrying forward public programs that have limited impact on historic properties. For more information on program alternatives, including exemptions, please visit the ACHP website https://www.achp.gov/program_ alternatives
Since its approval, the GSA exemption has been applied to more than 85 projects. Undertakings covered under the exemption may include interior painting of previously painted surfaces, repairs to windows and doors, and masonry or stucco repairs. (GSA)
The EVSE exemption has allowed VA to focus on clean energy and infrastructure within Veterans Health Administration facilities. About 140 EVSE units have already been installed, including EV charging stations pictured here within the Palo Alto VAMC. (Angela McArdle/VA)
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IN A SPIRIT OF STEWARDSHIP: A Report on Federal Historic Properties • 2024 | 9
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