Amendments to the Program Comment for Wireless Communications Facilities: Extended Duration and Addition of VA
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The Advisory Council on Historic Preservation (ACHP) has approved amendments to an existing Program Comment that governs how federal agencies comply with Section 106 of the National Historic Preservation Act (NHPA) for telecommunications projects already under review by the Federal Communications Commission (FCC). The Program Comment is designed to avoid duplicative historic preservation reviews when the FCC is already conducting its own Section 106 review. The key amendment extends the expiration date of the Program Comment from its prior deadline to September 30, 2030, ensuring continuity of the streamlined review process for wireless communications facility construction and modification projects for approximately four more years. Additionally, the Department of Veterans Affairs (VA) has been formally added as a participating agency under the Program Comment. This means the VA will now follow the same coordinated Section 106 compliance pathway as other covered agencies, rather than conducting independent historic preservation reviews for telecommunications projects already subject to FCC oversight. Overall, this update reduces regulatory redundancy, clarifies interagency responsibilities, and provides greater certainty for telecommunications infrastructure developers who work on or near federally managed or veteran-related properties.
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Key Changes
- Program Comment duration extended to September 30, 2030, providing approximately 4 additional years of streamlined Section 106 compliance coverage
- Department of Veterans Affairs (VA) formally added as a participating agency under the Program Comment
- VA telecommunications projects already subject to FCC Section 106 review no longer require a separate VA-level historic preservation review
+ 2 more changes with Pro
Obligations
What this law requires
Federal agencies must comply with Section 106 of the National Historic Preservation Act (NHPA) for telecommunications projects already under review by the Federal Communications Commission (FCC) through the streamlined Program Comment process rather than conducting duplicative independent reviews.
The Department of Veterans Affairs (VA) must follow the coordinated Section 106 compliance pathway established under the Program Comment for telecommunications projects on or near federally managed or veteran-related properties, rather than conducting independent historic preservation reviews.
Participating federal agencies must maintain compliance with the Program Comment through its expiration date of September 30, 2030.
Federal agencies must coordinate Section 106 compliance for wireless communications facility construction and modification projects with the FCC's existing Section 106 review rather than initiating parallel historic preservation review processes.