Thursday, June 9 at 3:00 pm – 5:00 pm Eastern
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The Advisory Council on Historic Preservation (ACHP) is proposing an exemption to remove the Section 106 review requirements for undertakings involving the installation and placement of certain electric vehicle supply equipment (EVSE), and would like to invite you or your designated representative to consult on this proposal. As currently proposed in the attached draft, the exemption will only apply to the installation of EVSE on federal lands and facilities as well as non-federal lands receiving federal licenses, funds, or approval. This exemption does not apply to tribal lands as defined at 54 USC 300319; however, each Indian tribe has the ability to apply this exemption to their lands if it chooses. Examples of the EVSE proposed for exemption can be found on the ACHP’s website. 

The government-wide priority identified in the Infrastructure Investment and Jobs Act of 2021 for federal fleet electrification and EVSE installation has resulted in the ACHP’s decision to coordinate the proposal to ensure broad and appropriate consultation for an exemption likely to be applied across multiple federal agency programs. It will also ensure consistent consideration and application of the proposed exemption across multiple federal agency programs, and create a more targeted Section 106 review process. 

Although rarely sought, exemptions are a program alternative under 36 CFR 800.14(c) which may be proposed by a federal agency or by the ACHP. Exempted categories must be actions that would otherwise qualify as undertakings as defined in § 800.16 and the potential effects from the undertakings must be foreseeable and likely to be minimal or not adverse. Exempted categories must also be consistent with the purposes of the National Historic Preservation Act (NHPA). 

Consistent with the Section 106 implementing regulations, and as the proponent for the exemption, the ACHP is responsible for identifying and conducting consultation with Indian tribes, Tribal Historic Preservation Officers (THPOs), Native Hawaiian organizations, State Historic Preservation Officers (SHPOs), and other consulting parties. As the proposed exempted category has the potential to affect historic properties on tribal lands (where applicable) or historic properties of religious and cultural significance to an Indian tribe or Native Hawaiian organization on ancestral lands, and as the proponent of the exemption, the ACHP invites you to consult in government-to-government meetings.

If you are unable to attend either consultation meeting or require paper copies of the material that will be presented during these meetings, please email program_alternatives@achp.gov so that we may arrange to have the necessary information sent to you. Questions regarding this effort can also be submitted prior to the consultation meetings using this email address. Comments may also be submitted to this email address at any time.