[Federal Register Volume 70, Number 222 (Friday, November 18, 2005)]
[Notices]
[Pages 69959-69961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22871]


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DEPARTMENT OF DEFENSE

Department of the Air Force


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

AGENCY: Department of the Navy, Department of the Air Force, and 
Department of the Army.

ACTION: Notice of Approval of Program Comment on Air Force and Navy 
Capehart and Wherry Era Housing.

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SUMMARY: On November 18th, 2004 the Advisory Council on Historic 
Preservation (Council) approved a program comment that facilitates the 
Navy's and Air Force's compliance with the National Historic 
Preservation Act, with regard to management of their inventories of 
Capehart and Wherry Era housing units, associated structures, and 
landscape features.

    Authority: 36 CFR 800.14.


DATES: The program comment went into effect on November 18th, 2004.

ADDRESSES: Address comments to: HQ AF/ILE, Environmental Programs, 
ATTN: Lt Col Douglas Burkett, 1260 Air Force Pentagon, Washington DC, 
20030-1260 (AIR FORCE) Commander, Naval Facilities Engineering Command 
(BDD), ATTN: Dr. Jay Thomas, 1322 Patterson Ave SE Ste 1000, Washington 
Navy Yard DC 20374-5065.

FOR FURTHER INFORMATION CONTACT: Lt Col Douglas Burkett at (703) 604-
0632 or Dr. Jay Thomas at (202) 685-9196.

SUPPLEMENTARY INFORMATION: Section 106 of the National Historic 
Preservation Act, 16 U.S.C. 470f, requires Federal agencies to consider 
the effects of these undertakings on historic properties and provide 
the Council a reasonable opportunity to comment with regard to such 
undertakings. The Council issued the regulations that set forth the 
process through which Federal agencies may comply with these 
requirements. 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 consultation process.

I. Background

    According to the requirements for obtaining a Program Comment, the 
Navy and Air Force formally requested the Council comment on Capehart 
and Wherry Era family housing and associated structures and landscape 
features in lieu of requiring separate reviews under Sec. Sec.  800.4 
through 800.6 of the Section 106 regulations for each individual 
undertaking. The Navy and Air Force identified the category of 
undertakings as maintenance, repair, layaway, mothballing, 
privatization and transfer out of federal agency ownership, substantial 
alteration through renovation, demolition, and demolition and 
replacement, affecting Navy and Air Force family housing built between 
1949 and 1962 termed `Capehart and Wherry'. The Air Force and Navy also 
specified the likely effects that these management actions would have 
on historic properties and the steps the Air Force and Navy would take 
to ensure that the effects are taken into account. The Air Force and 
Navy included in their request to the Council the public comments that 
it received from a 60-day public comment opportunity provided through 
an earlier notice (69 FR 48462, August 10, 2004). The Council 
subsequently published a notice of intent to issue the Program Comment 
(69 FR 54763, September 10, 2004) and notified the State Historic 
Preservation Officers (SHPOs), the National Conference of State 
Historic Preservation Officers (NCSHPO), the National Trust for 
Historic Preservation (NTHP), Tribal Historic Preservation Officers 
(THPOs), and the National Association of Tribal Historic Preservation 
Officers, and requested their views on the Air Force and Navy's 
proposed Program Comment. During its November 18, 2004 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 16 in favor of 
approving and issuing the Program Comment, 0 votes against, and 1 
abstention (the Department of Defense), with 3 voting members absent.
    Neither the Council nor the Air Force and Navy have engaged in 
consultation with Indian Tribes and Native Hawaiian organizations, 
pursuant to 36 CFR 800.14(e)(4), since such consultation is not 
warranted. All Air Force and Navy actions considered under this Program 
Comment will be undertaken on Air Force and Navy property. The Program 
Comment will not affect historic properties of religious and cultural 
significance, regardless of location, to any Indian tribe or Native 
Hawaiian organization since any Capehart and Wherry actions that would 
affect these types of properties are specifically excluded under the 
Program Comment.

II. Response to Public Comments

    Clarify a separate step for identifying properties of particular 
importance. The proposed comment does not include a specific process 
for identifying properties of particular importance. This Program 
Comment now includes a specific process of identifying properties of 
particular importance. The Air Force and Navy will notify the Council, 
NCSHPO, and NTHP whether any of these properties are of particular 
importance and permits an opportunity to review the findings.
    Report for the General Public: The requirement to prepare a report 
for the general public should be separated out from the requirement to 
revise the historic context study, and should be more clearly 
delineated as a separate deliverable item. The Program Comment

[[Page 69960]]

reflects two distinct deliverables; the resulting publicly accessible 
context study will be placed on a public web site and copies of the 
report will be provided to all SHPOs, the NCSHPOs, the Council, and the 
NTHP.
    The Air Force and Navy should issue a specific directive to 
installations requiring consideration of the design guidelines in order 
to implement the program comment. The intent of the Program Comment is 
that the Navy and Air Force apply the design guidelines consistently at 
any installation where Capehart and Wherry units will be retained. In 
accordance with 36 CFR 800.14(e)(6), the Council may withdraw the 
Program Comment if it determines that the consideration of historic 
properties is not being carried out in a manner consistent with the 
Program Comment.
    Properties of ``Particular Importance''--Require a commitment to 
some degree of preservation. The Program Comment reflects both a 
process for determining properties of particular importance as well as 
a commitment to consider the preservation of these properties through 
continued use as military housing, within funding and mission 
constraints.
    Affirmatively encourage the use of historic preservation tax 
credits. The Program Comment obliges the Navy and Air Force to advise 
developers involved in housing privatization initiatives that Wherry 
and Capehart properties may be eligible for historic preservation tax 
credits.

III. Text of the Program Comment

1. Introduction

    This Program Comment, adopted pursuant to 36 CFR 800.14(e), 
demonstrates Department of the Air Force (Air Force) and Department of 
the Navy (Navy) compliance with their responsibilities under Section 
106 of the National Historic Preservation Act with regard to the 
following actions in the management of the Wherry and Capehart Era 
family housing: Maintenance, repair, layaway, mothballing, 
privatization and transfer out of federal agency ownership, substantial 
alteration through renovation, demolition, and demolition and 
replacement of Wherry and Capehart Era housing, associated structures 
and landscape features that may be eligible for listing on the National 
Register of Historic Places.

2. Treatment of Wherry and Capehart Properties

A. Eligibility
    The Department of the Army (Army) conducted a historic context of 
its Wherry and Capehart properties and documented these 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 Wherry and Capehart era housing management as it related 
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 
(ACHP), and nationally recognized experts in the field of historic 
preservation from academia and industry. Symposium participants 
recommended a programmatic approach to complying with Section 106, and 
these approaches were part of the Army's Program Comment, which was 
approved by the ACHP in 2002 (67 FR 39332; June 7, 2002).
    The Air Force and the Navy have gathered data on their inventory of 
Wherry and Capehart properties which will be appended to the Army's 
context study, as outlined below, to provide a comprehensive 
understanding of the Department of Defense (DoD) inventory for this 
property type. As with the Army, the Air Force and the Navy consider 
their inventory of Wherry and Capehart 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 Air Force and the Navy have requested a Program Comment as a 
service-wide Section 106 compliance action related to management of 
Wherry and Capehart Era housing, associated structures and landscape 
features. This programmatic approach will facilitate management actions 
for maintenance, repair, layaway, mothballing, privatization and 
transfer out of Federal agency ownership, substantial alteration 
through renovation, demolition, and demolition and replacement of 
Wherry and Capehart Era housing, associated structures and landscape 
features. Such actions present a potential for adverse effects to 
historic properties.
    Based on the Program Comment previously approved for the Army for 
this property type, and following meetings with the ACHP, the Trust and 
NCSHPO, the Air Force and the Navy agree to the following six-step 
approach to the treatment of its Wherry and Capehart properties:
    (i) The Air Force and the Navy will:
    (a) Revise the Army's historic context, ``The Wherry and Capehart 
Era Solutions to the Postwar Family Housing Shortage (1949-1962): A 
Historic Context'', to include information pertinent to Air Force and 
Navy bases where this information differs from that provided in the 
Army's context study, including information on Navy and Air Force 
Capehart and Wherry Era Housing architects, sponsors and bidders, and 
projects. The expanded context study will provide a more complete 
picture of Wherry and Capehart Era family housing across DoD, and
    (b) upon completion of the revised context study, the Air Force and 
the Navy will use it and any resulting oral histories recorded in 
accordance with section II(B)(vi), below, to prepare a report suitable 
for release to the general public. The report to the public will 
extract that information which may be deemed sensitive or inappropriate 
for release to the public; the resulting context study will be placed 
on a publicly accessible Web site and copies of the report will be 
provided to all the SHPOs, NCSHPO, the Trust and the ACHP.
    (ii) The Navy and Air Force will review the results of the expanded 
and revised context study and determine whether any of those properties 
identified under Section II(B)(i)(a) are of particular importance. The 
Navy and Air Force will notify the Council of the results of this 
review, and the Council will forward the results to the NCSHPO, and the 
Trust.
    (iii) The Air Force and Navy will use, or modify for their own use, 
the Army's design guidelines: ``Neighborhood Design Guidelines for Army 
Wherry and Capehart Housing''. Modified design guidelines will be 
provided to ACHP for review. Copies of the Air Force and Navy 
guidelines will be provided to the NCSHPO, the Trust and the ACHP. 
These Neighborhood Design Guidelines will be distributed by 
Headquarters, Air Force and Navy to those offices that manage and 
maintain this housing type and they will be encouraged to consider the 
design guidelines in planning actions that affect their Wherry and 
Capehart Era housing, associated structures and landscape features.
    (iv) For Wherry and Capehart properties that have been determined 
to be of particular importance, as defined in the revised context 
study, the Air Force and the Navy will:

[[Page 69961]]

    (a) Consider the need to conduct additional historical 
documentation, and
    (b) Within funding and mission constraints, consider the 
preservation of these properties through continued use as military 
housing.
    (v) The Air Force and the Navy will advise developers involved in 
housing privatization initiatives that Wherry and Capehart properties 
may be eligible for historic preservation tax credits.
    (vi) The Air Force and the Navy will attempt to locate and conduct 
oral interviews with military families who lived in Wherry and Capehart 
housing (which may include Army families), and other people who were 
involved with design and construction of Capehart and Wherry Era 
housing. Prior to conducting any interviews, the Air Force and the Navy 
will seek advice from appropriate government offices such as the 
Library of Congress' Veterans History Project and the military service 
historical centers to develop a set of appropriate interview questions 
and proper formats in which interviews would be recorded. Upon 
completion of the oral histories, the Air Force and the Navy will 
provide a copy of all written and recorded documentation to the Library 
of Congress.

3. 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:
    (i) Archeological sites,
    (ii) Properties of traditional religious and cultural significance 
to federally recognized Indian tribes or Native Hawaiian organizations, 
or
    (iii) Historic properties other than Air Force and Navy Wherry and 
Capehart Era housing, associated structures and landscape features.

4. Schedule for Completion

    (i) Within 12 months from Council approval of the Program Comment, 
the Air Force and Navy shall complete:
    (a) The expanded and revised context study for Capehart and Wherry 
Era housing as described in Section II(B)(i)(a), above;
    (b) Review of the context study for properties of particular 
importance as described in II(B)(ii), above; and
    (c) Adoption of the design guidelines as described in Section 
II(B)(iii), above.
    (ii) Within 24 months from Council approval of the Program Comment, 
the Navy and Air Force shall complete:
    (a) Its consideration of properties of particular importance as 
described in Section II(B)(iv), above;
    (b) Completion of the oral history segment of the mitigation, as 
described in Section II(B)(vi), above, and
    (c) Completion of the context study suitable for release to the 
general public, as described in Section II(B)(i)(b), above.

5. Effect of Program Comment

    The ACHP believes that this six-step approach will ensure that the 
Air Force and the Navy take into account the effects of management of 
their Wherry and Capehart era housing. By following this comment and 
outlined six-step approach, the Air Force and the Navy will have met 
their responsibilities for compliance under Section 106 regarding 
management of their Wherry and Capehart era housing. Accordingly, Air 
Force and Navy bases will not have to follow the case-by-case Section 
106 review process for each individual management action.
    The Air Force and the Navy may carry out management actions prior 
to the completion of all of the six treatment steps outlined above, so 
long as such management actions do not preclude the eventual successful 
completion of those six steps.
    This Program Comment will remain in effect until such time as the 
Air Force or the Navy determines that such comments are no longer 
needed and notifies ACHP, in writing, or the ACHP determines that the 
consideration of Wherry and Capehart properties is not being carried 
out in a manner consistent with this Program Comment. The ACHP may 
withdraw this Program Comment in accordance with 36 CFR 800.14(e)(6). 
Following such withdrawal, the Air Force and the Navy would comply with 
the requirements of 36 CFR 800.3 through 800.7 for each individual 
management action.

    The ACHP Membership approved this Program Comment on November 
18, 2004.
Lawrence Shade,
Acting, Air Force Federal Register Liaison Officer.
[FR Doc. 05-22871 Filed 11-17-05; 8:45 am]
BILLING CODE 5000-05-P