[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Notices]
[Pages 39332-39335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14389]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 67, No. 110 / Friday, June 7, 2002 / 
Notices  

[[Page 39332]]



ADVISORY COUNCIL ON HISTORIC PRESERVATION


Program Comment for Capehart and Wherry Era Army Family Housing 
and Associated Structures and Landscape Features (1949-1962)

AGENCY: Advisory Council on Historic Preservation.

ACTION: Notice of approval of Program Comment on Army Capehart and 
Wherry Era Housing.

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SUMMARY: On May 31, 2002, the Advisory Council on Historic Preservation 
approved a Program Comment that facilitates the Army's compliance with 
the National Historic Preservation Act with regard to its management of 
its inventory of Capehart and Wherry Era family housing and associated 
structures and landscape features.

DATES: The Program Comment goes into effect on June 7, 2002.

FOR FURTHER INFORMATION CONTACT: Address all comments concerning this 
Program Comment to David Berwick, Army Affairs Coordinator, Advisory 
Council on Historic Preservation, 1100 Pennsylvania Avenue, NW., Suite 
809, Washington, DC 20004. Fax (202) 606-8672. [email protected].

SUPPLEMENTARY INFORMATION: Section 106 of the National Historic 
Preservation Act, 16 U.S.C. 470f, requires Federal agencies to consider 
the effects of this undertakings on historic properties and provide the 
Advisory Council on Historic Preservation (``Council'') a reasonable 
opportunity to comment with regard to such undertakings. The Council 
has issued the regulations that set forth the process through which 
Federal agencies comply with these duties. Those regulations are 
codified under 36 CFR part 800 (``Section 106 regulations'').
    The section 106 regulations, under 36 CFR 800.14(e), provide that 
an agency may request the Council for a ``Program Comment'' allowing it 
to comply with section 106 for a category of undertakings in lieu of 
conducting a separate review for each individual undertaking under the 
regular process.

I. Background

    According to the requirements for obtaining a Program Comment, the 
Army formally requested the Council comment on Capehart and Wherry Era 
Army family housing and associated structures and landscape features in 
lieu of requiring separate reviews under sections 800.4 through 800.6 
of the section 106 regulations for each individual undertaking. The 
Army identified the category of undertakings as maintenance and repair; 
rehabilitation; layaway and mothballing; renovation; demolition; 
demolition and replacement; and transfer, sale or lease out of Federal 
control, affecting Army family housing built between 1949 and 1962 and 
termed ``Capehart and Wherry.'' The Army also specified the likely 
effects that these management actions would have on historic properties 
and the steps the Army would take to ensure that the effects are taken 
into account. The Army included in their request to the Council the 
public comments that it received from a 30-day public comment 
opportunity provided through an earlier notice (67 FR 2644, January 18, 
2002).
    The Council subsequently published a notice of intent to issue the 
Program Comment (67 FR 12966, March 20, 2002) and notified State 
Historic Preservation Officers (``SHPOs''), the National Conference of 
State Historic Preservation Officers (``NCSHPO''), Tribal Historic 
Preservation Officers (``THPOs''), and the National Association of 
Tribal Historic Preservation Officers, and requested their views on the 
Army's proposed Program Comment.
    During its May 31, 2002 business meeting, the Council membership 
(with the Department of Defense recusing itself) voted unanimously to 
approve and issue the Program Comment found at the end of this notice. 
The vote was 19 in favor of approving and issuing the Program Comment 
and no votes against, with the Department of Defense abstaining.
    Neither the Council nor the Army have engaged in the particularized 
consultation with Indian Tribes and Native Hawaiian organizations, 
pursuant to 36 CFR 800.14(e)(4), since such consultation does not seem 
to be warranted. All Army actions considered under this Program Comment 
will be undertaken on Army property. The Program Comment will not have 
consequences for historic properties of religious and cultural 
significance, regardless of location, to any Indian tribe or Native 
Hawaiian organization since any Capehart and Wherry actions which would 
affect these types of properties are specifically excluded under the 
Program Comment.

II. Response to Public Comments

    At the end of the 30-day comment period, only four comments had 
been filed: NCSHPO, the New Jersey SHPO, the National Trust for 
Historic Preservation (``Trust''), and the Department of Housing and 
Urban Development. The following Council responses reflect significant 
comments and the manner in which the Council has modified the Program 
Comment to respond to these public comments. The public comments are 
printed in bold typeface, while the Council response follows 
immediately in normal typeface:
    The Army's proposal will, in effect, exempt one property type from 
any and all future compliance with section 106. The Program Comment 
process is not an exemption. The Program Comment reflects what the Army 
must follow to be in compliance with section 106.
    The period of significance for Capehart and Wherry Housing is less 
than fifty years old. For most properties the passage of time is 
considered to be essential in order to gain scholarly perspective. 
While the National Register criteria allow for properties of 
exceptional significance to be eligible for the Register prior to this 
50-year benchmark, the Council believes that Capehart Wherry properties 
would never meet the significance test for this category of exceptional 
significance. Since these properties are now on the cusp of meeting the 
50-year benchmark, we believe it is appropriate for the Army to take 
management action, which would reduce their administrative cost of 
managing these resources, to comply with Section 106 in advance of 
meeting the 50-year threshold. The Council supports proactive agency 
planning in order to reduce administrative costs and burdens.

[[Page 39333]]

    Conclusions reached about the non-significance of properties that 
are less than fifty years old are inherently suspect. The Council's 
notice of intent states that ``The Army considers its inventory of 
Capehart and Wherry properties, including any associated structures and 
landscape features, to be eligible for the National Register of 
Historic Places for the purposes of section 106 compliance.''
    The Army's plans should receive detailed consideration, possibly by 
the Council as a whole. The Council's Federal Agency Program Committee 
reviewed the Program Comment and provided recommendations to the 
Council membership for its deliberation and vote at the May 31, 2002, 
business meeting. As stated above, at that meeting, the Council 
membership discussed the Program Comment and unanimously voted to 
approve and issue it.
    SHPOs from states with significant inventories of Capehart Wherry 
era housing should be invited to participate in the development of 
treatment plans. The Council and the Army provided all SHPOs and NCSHPO 
ample opportunity to comment on the proposed treatment plans detailed 
in the Program Comment. That resulted in the receipt of comments from 
only one SHPO (New Jersey) and NCSHPO. Both comments were closely 
considered in the final drafting of the Program Comment. The 
consultation met the requirements of the section 106 regulations for 
the issuance of a Program Comment.
    While documentation of the affected resources may be one effective 
treatment, preservation of significant examples needs to be considered 
also. The Program Comment has been modified to allow for identification 
and preservation of properties of particular importance for continued 
use as military housing within the funding and mission constraints of 
the Army.
    The Advisory Council needs more information on the resource type 
affected, such as information about representative individual examples 
or types and information about groups of resources as they exist today 
on military installations. The revised and expanded context study will 
provide more detailed information on individual examples of the types 
of Capehart and Wherry housing which exist at each installation. This 
information will be used by the Army to prepare the design guidelines 
that will be used by installations in future planning efforts that 
affect Capehart and Wherry communities.
    The Council should insure that Capehart Wherry communities are 
evaluated within a comprehensive context, including evaluating 
significance within the context of local and state significance, 
Criteria for Evaluation B (related to individuals of historic 
importance) and C (work of a master). Because the housing program was 
not uniform across all installations, a post-by-post evaluation needs 
to be made for groups of resources in order to evaluate their 
significance. The revised and expanded context study will specifically 
address the importance of historically important builders, developers 
and architects that may have been associated with design and 
construction of Capehart and Wherry Era housing developments at 
specific Army installations.
    The potential for secondary effects on National Register listed or 
eligible property that may be adjacent to Capehart Wherry era housing 
is not consider in this proposal, and archaeology is not considered 
either. Ground disturbing activities on Army installations should be 
evaluated on an individual basis. The Program Comment specifically 
states that it does not apply to the following properties historic 
properties: (a) Archaeological sites; (b) properties of traditional 
religious and cultural significance to federally recognized Indian 
tribes or Native Hawaiian organizations; and/or (c) historic properties 
other than Army Capehart and Wherry Era housing, associated structures 
and landscape features. This is found in section III, Applicability.
    The Council's regulations emphasize public participation. We do not 
believe the spirit of the Council's regulations have been addressed by 
one Federal Register notice. We disagree. The Council's regulations 
allow agencies to use their own public review processes, including 
NEPA, in complying with the public involvement requirements under the 
Council's regulations. The general public had an opportunity to respond 
to comments under the Army's NEPA document and again through the 
Council's notice of intent process. There were no general public 
comments received by either the Army or the Council during these public 
review processes. We believe that the non-response by the general 
public reflects its lack of interest in these types of properties, 
especially as they relate to military installations.
    Would the program comment affect the Army's responsibilities under 
section 110 of the National Historic preservation Act? Section 
110(a)(2)(E) requires agency's procedures for compliance with Section 
106 to be consistent with the Council's regulations and provide a 
process for identification, evaluation, and consultation regarding the 
means by which adverse effects are considered. This Program Comment was 
issued and approved by the Council pursuant to the Council's section 
106 regulations.
    The Army's proposal includes no commitment that any of these useful 
documents (i.e., context study, design guidelines) will actually be 
used or applied by the Army. The intent of the Program Comment is that 
the Army apply these guidelines consistently across installations where 
Capehart and Wherry units will be retained by the Army. If the Council 
believes that the Army is not using the guidelines as intended, the 
Council may withdraw the Program Comment in its entirety.
    There (is no) proposal by the Army to commit to the preservation of 
Capehart Wherry properties. The Program Comment has been modified to 
allow for identification and preservation of properties of particular 
importance for continued use as military housing within the funding and 
mission constraints of the Army.
    The Army should not be allowed to proceed under the program 
comments demolition prior to the completion of the mitigation actions. 
While the Army is allowed to proceed with action which affect Capehart 
and Wherry properties prior to completion of mitigation, the Program 
Comment prevents them from completing management action which may 
preclude the eventual successful completion of the steps outlined in 
the Program Comment.
    Rather than leaving to chance the question of which of these 
properties may survive, if any, the Army should identify a limited 
selection of these resources in advance, based on criteria of 
significance, and should place an explicit priority on actually 
preserving them. The Program Comment has been modified to establish a 
process for the identification of Capehart and Wherry Era properties of 
particular importance and to allow the preservation of such properties 
for continued use as military housing within the funding and mission 
constraints of the Army.
    The Army's proposal does not contemplate any distinction whatsoever 
in the treatment of properties that have special architectural or other 
significance. The revised and expanded context study will include 
identification of significant architects, builders/contractors/
developers and subcontractors. Upon completion, the context study will 
be reviewed for Capehart and Wherry Era properties of particular 
importance. Properties identified in this review process may

[[Page 39334]]

have additional historical documentation completed for them, as needed, 
they will be taken into consideration in producing the video 
documentation and they will be considered for preservation through 
continued use as Army family housing.

III. Text of the Program Comment

    The full text of the Program Comment is produced below:
Program Comment for Capehart and Wherry Era Army Family Housing and 
Associated Structures and Landscape Features (1949-1962)

I. Introduction

    This Program Comment, adopted pursuant to 36 CFR 800.14(e), 
demonstrates Department of the Army (Army) compliance with its 
responsibilities under section 106 of the National Historic 
Preservation Act with regard to the following management actions for 
Capehart and Wherry Era Army family housing, associated structures and 
landscape features: maintenance and repair; rehabilitation; layaway and 
mothballing; renovation; demolition; demolition and replacement; and 
transfer, sale of lease out of Federal control.
    Structures associated with this family housing include detached 
garages, carports and storage buildings, and the landscape features 
(including but not limited to the overall design and layout of the 
Capeharts and Wherry Era communities, including road patterns, 
plantings and landscaping, open spaces, playgrounds, parking areas, 
signage, site furnishings, views into and out of the community, 
lighting, sidewalks, setbacks and all other associated cultural 
landscape features). A small percentage of buildings and structures 
constructed during this period were not constructed with funds provided 
through the Capehart and Wherry funding programs, but are similar in 
all other respects, and are therefore included in this Program Comment.

II. Treatment of Capehart and Wherry Properties

a. Consideration of Eligibility

    The Army conducted a historic context of its Capehart and Wherry 
properties in a report entitled For Want of a Home: A Historic Context 
for Wherry and Capehart Military Family Housing. On May 22, 2001, the 
Army sponsored a symposium on Capehart and Wherry Era housing 
management as it relates to historic preservation. The symposium was 
attended by preservation experts, including the National Trust for 
Historic Preservation (Trust), the National Conference of State 
Historic Preservation Officers (NCSHPO), the Advisory Council on 
Historic Preservation (Council), and nationally recognized experts in 
the field of historic preservation from academia and industry. As 
recommended by the symposium participants, the treatment section, 
below, presents the programmatic approach for complying with section 
106. The Army considers its inventory of Capehart and Wherry Era 
properties, including any associated structures and landscape features, 
to be eligible for the National Register of Historic Places for the 
purposes of section 106 compliance.

b. Treatment

    The Army requested a Program Comment as an Army-wide section 106 
compliance action related to management of Capehart and Wherry Era 
housing, associated structures and landscape features. This 
programmatic approach will facilitate management actions for 
maintenance and repair; rehabilitation; layaway and mothballing; 
renovation; demolition; demolition and replacement; and transfer, sale 
or lease of Capehart and Wherry Era housing, associated structures and 
landscape features out of Federal control. Such actions present a 
potential for adverse effects to these historic properties.
    The following treatment is based on the measures proposed by the 
Army in their request for Program Comment, the comments received from 
the Council's ``notice of intent to issue program comments'' as 
published in the Federal Register (67 FR 12956; March 20, 2002) and 
follow up discussions between the Council, the Army, NCSHPO. and the 
Trust.
    (1) Context Study: The Army will expand and revise the existing 
historic context, For Want of a Home: A Historic Context for Wherry and 
Capehart Military Family Housing. Consistent with issues identified 
during the symposium on Capehart and Wherry Era Housing held by the 
Army in May 2001, and subsequent public review, the Army will expand 
the historic context to address the following important issues:
    (1) Explore changing Army family demographics following the end of 
the World War II and their impact on housing needs and responsive 
programs;
    (ii) Focus on post-World War II suburbanization, housing trends and 
affordable housing programs in the civilian sector;
    (iii) Identify those Capehart and Wherry properties that may be of 
particular importance due to their association with historically 
important builders, developers and architects;
    (iv) Discuss associated structures, and landscape features, in 
addition to addressing the housing units; and
    (v) Describe the inventory of Capehart and Wherry Era housing, 
providing information on the various types of buildings and 
architectural styles and the quantity of each.
    (2) Context Study Review: The Army review the results of the 
expanded and revised context study and determine whether any of those 
properties identified under section II(b)(1)(iii) are of particular 
importance. The Army will notify the Council of the results of this 
review, and the Council will forward the results to the NCSHPO, and the 
Trust.
    (3) Design Guidelines: The Army's scoping process identified 
landscape features as an important attribute of Capehart and Wherry Era 
land-use planning and development. Using information developed in the 
expanded and revised context study, the Army will develop Capehart and 
Wherry Era Neighborhood Design Guidelines that consider the importance 
of Capehart and Wherry Era family housing, associated structures and 
landscape features. The Army will:
    (i) Provide the design guidelines to the Council for review;
    (ii) Distribute the design guidelines to those facilities and 
installations that have been identified in the expanded and revised 
context study as having Capehart and Wherry Era properties; and
    (iii) Consider the design guidelines in planning actions that 
affect the Army's Capehart and Wherry Era housing, associated 
structures and landscape features.
    (4) Properties of Particular Importance: For Capehart and Wherry 
properties that have been determined to have particular importance 
under section II(b)(2), above, the Army will:
    (i) Consider the need to conduct additional historical 
documentation for these properties;
    (ii) Focus video documentation efforts on such properties; and
    (iii) Within funding and mission constraints, consider the 
preservation of these properties through continued use as military 
housing.
    (5) Tax Credits: The Army will advise developers involved in the 
Army's privatization initiatives that Capehart and Wherry Era 
properties may be eligible for historic preservation tax credits.
    (6) Video Documentation: The Army will document and record Capehart 
and Wherry Era housing, associated structures and landscape features

[[Page 39335]]

through preparation of a video. The video will:
    (i) Document and record representative structural types and 
landscape features at three installations, including appropriate 
examples of properties of particular importance;
    (ii) Explain the relationship of this housing construction program 
to significant issues and topics researched for the expanded and 
revised context study;
    (iii) Be distributed for educational purposes, and archived by the 
Army; and
    (iv) Be provided, in digital format, to the Council, the Trust, and 
the NCSHPO.
    (7) Schedule for Completion:
    (i) Within 12 months from Council approval of the Program Comment, 
the Army shall complete:
    (A) The expanded and revised context study for Capehart and Wherry 
Era housing as described in section II(b)(1), above;
    (B) Review of the context study for properties of particular 
importance as described in II(b)(2), above; and
    (c) The design guidelines as described in section II(b)(3), above; 
exclusive of section II(b)(3)(iii).
    (ii) Within 24 months from Council approval of the Program Comment, 
the Army shall complete:
    (A) Its consideration of properties of particular importance as 
described in section II(b)(4), above; and
    (B) The video documentation of Capehart and Wherry Era housing as 
described in Section II(b)(6), above.
    (8) Availability: Upon their completion, the Army will make final 
products available to installation commanders.

III. Applicability

    This Program Comment does not apply to the following properties 
that are listed, or eligible for listing, on the National Register of 
Historic Places:
    (a) Archeological sites;
    (b) Properties of traditional religious and cultural significance 
to federally recognized Indian tribes or Native Hawaiian organizations; 
and/or
    (c) Historic properties other than Army Capehart and Wherry Era 
housing, associated structures and landscape features.

IV. Effect of Program Comment

    By the following this Program Comment, the Army meets its 
responsibilities for compliance under section 106 regarding management 
of its entire inventory of Capehart and Wherry Era housing (1949-1962), 
associated structures and landscape features. Accordingly, 
installations are no longer required to follow the case-by-case section 
106 review process for each individual management action affecting 
Capehart and Wherry Era housing, associated structures and landscape 
features.
    The Army may carry out management actions prior to the completion 
of the treatment steps outlined above, so long as such management 
actions do not preclude the eventual successful completion of these 
steps.
    This Program Comment will remain in effect until such time as the 
Department of the Army determines that such comments are no longer 
needed, and notifies the Council, in writing, or the Council withdraws 
the Program Comment in accordance with 36 CFR 800.14(e)(6). Following 
such withdrawal, the Army would be required to comply with the 
requirements of 36 CFR 800.3 through 800.7 for each individual 
management action.
    The Council approved this Program Comment on May 31, 2002.
    [Signed by Chairman John L. Nau, III on May 31, 2002]

    Authority: 36 CFR 800.14(e).

    Dated: June 4, 2002.
John M. Fowler,
Executive Director.
[FR Doc. 02-14389 Filed 6-6-02; 8:45 am]
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