[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28573-28584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09418]



[[Page 28573]]

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ADVISORY COUNCIL ON HISTORIC PRESERVATION


Notice of Issuance of the Department of the Army Program Comment 
for Vietnam War Era Historic Housing, Associated Buildings and 
Structures, and Landscape Features (1963-1975)

AGENCY: Advisory Council on Historic Preservation.

ACTION: Notice of issuance.

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SUMMARY: The Advisory Council on Historic Preservation has issued a 
program comment for the U.S. Department of the Army that sets forth the 
way in which the Army complies with the National Historic Preservation 
Act for its inventory of Vietnam War Era historic housing management 
actions, including: maintenance, repair, rehabilitation, renovation, 
abatement of hazardous materials, mothballing, cessation of 
maintenance, demolition, new construction, lease, transfer, conveyance, 
and the use of modern readily available industry standard building 
materials and methods in the implementation of management actions.

DATES: The Program Comment went into effect on March 17, 2023.

ADDRESSES: Address any questions concerning the Program Comment to 
Megan Borthwick, Office of Federal Agency Programs, Advisory Council on 
Historic Preservation, 401 F Street NW, Suite 308, Washington, DC 
20001, [email protected]

FOR FURTHER INFORMATION CONTACT: Megan Borthwick, (202) 517-0221, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 106 of the National Historic 
Preservation Act, 54 U.S.C. 306108 (section 106), requires federal 
agencies to consider the effects of projects they carry out, license, 
or assist (undertakings) on historic properties and to provide the 
Advisory Council on Historic Preservation (ACHP) a reasonable 
opportunity to comment with regard to such undertakings. The ACHP 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).
    Under section 800.14(e) of those regulations, agencies can request 
the ACHP to provide a ``program comment'' on a particular category of 
undertakings in lieu of conducting individual reviews of each 
individual undertaking under such category, as set forth in 36 CFR 
800.4 through 800.7. An agency can meet its Section 106 
responsibilities with regard to the effects of those undertakings by 
taking into account an applicable program comment and following the 
steps set forth in that comment.
    The U.S. Department of the Army (Army) sought a program comment for 
its management actions related to its inventory of approximately 7,800 
Vietnam War Era historic housing units. Actions could include 
maintenance, repair, rehabilitation, renovation, abatement of hazardous 
materials, mothballing, cessation of maintenance, demolition, new 
construction, lease, transfer, conveyance, and the use of modern 
readily available industry standard building materials and methods in 
the implementation of management actions. These actions present a 
potential for adverse effects to historic properties.
    The ACHP issued the Program Comment for Army Vietnam War Era 
Historic Housing, Associated Buildings and Structures, and Landscape 
Features (1963-1975) (Program Comment) on March 17, 2023. The section 
106 regulations require that such program comments be published in the 
Federal Register.

I. Need for the Program Comment

    The need for this Program Comment is based on the Army's obligation 
to provide safe, healthy, quality housing to Soldiers and their 
families, and the unique challenges the Army has in managing NHPA 
Section 106 compliance for its large and growing inventory of historic 
housing. Housing and associated living conditions are critical factors 
for military families. A direct connection exists between poor housing 
conditions and military readiness. In 2019, the Secretary of the Army 
declared an Army Housing Crisis due primarily to widespread 
deficiencies and significant quality of life, health, and safety issues 
affecting military families living in historic Army housing.
    To address the Army Housing Crisis and meet its housing obligations 
to military families, the Army must quickly and efficiently implement 
management actions to improve Army Vietnam War Era housing conditions 
affecting the quality of life for Soldiers and their families. The 
section 106 project-by-project review process under existing 
installation-level Programmatic Agreements (PAs) may contribute to 
delays in completing historic housing maintenance, repairs, and 
improvements needed for the transition in occupancy. Those delays could 
directly impact the ability of reassigned military families to move-in 
and occupy historic housing.
    The compliance process efficiencies created by the Program Comment 
allows the Army to quickly and efficiently address the health and 
safety risks from certain hazardous historic building materials, ensure 
cost efficient, effective, and consistent management of the overall 
inventory, and implement climate adaptations and use modern resilient 
materials.

II. Vietnam War Era Housing and the Program Comment

    The Army has the largest housing mission in the Federal Government, 
managing over 100,000 total housing units for Soldiers and their 
families. Over 7,800 of these historic units are from the Vietnam War 
Era (1963-1975). The Army's inventory of Vietnam War Era housing is 
located at 18 installations in 13 states.
    The intent of the Program Comment is to provide the Army with NHPA 
section 106 compliance for repetitive, recurring property management 
actions on all privatized and non-privatized Army housing, associated 
buildings and structures, and landscape features constructed from 1963 
through and including 1975. The property management actions addressed 
by the Program Comment are maintenance, repair, rehabilitation, 
renovation, abatement of hazardous materials, mothballing, cessation of 
maintenance, demolition, new construction, lease, transfer, conveyance, 
and the use of modern readily available industry standard building 
materials and methods. The Army's Vietnam War Era housing property type 
is historically significant under National Register of Historic Places 
Criterion A based on its historical association with the Vietnam War. 
These management actions may result in adverse effects.
    The Vietnam War was a major event in American history from the 
early 1960s through the mid-1970s. The heightened warfighting 
requirements and costs had direct implications for military activities 
at installations in the United States, including the Army family 
housing construction program. The 1964 DoD Design Folio objectives 
dictated the development of a family housing development plan that 
would provide reduced costs in siting, construction, and maintenance. A 
proposed solution included the townhouse design developments. Multi-
story, row-unit townhouses, closely sited within large open areas were 
recognized as creating the required economies of scale. While ranch 
style single family and duplex housing designs for senior officers were 
included in the DoD Design Folio and continued

[[Page 28574]]

to be constructed, townhouse and apartment construction on Army 
installations predominated during the Vietnam War Era. The Army's 
Vietnam War Era housing inventory illustrates the historical 
progression of Army housing policy and the influences of wartime 
requirements and finances.

III. Properties of Particular Importance and Neighborhood Design 
Guidelines

    The Army identified a subset of eligible properties that retain the 
highest degree of integrity and designated them as Properties of 
Particular Importance (PPI). PPI, located exclusively at Schofield 
Barracks, Oahu, Hawaii, make up over 7% of the total inventory of Army 
Vietnam War Era Housing. The Program Comment includes a consultation 
process to follow when PPI are proposed for cessation of maintenance or 
demolition. The Army completed additional documentation of the PPI as 
mitigation included in the Historic Context Report.
    Additional mitigation includes development of Neighborhood 
Guidelines in coordination with ACHP. The guidelines will set clear 
parameters for all management actions including new construction. The 
Army will complete the guidelines within one year of Program Comment 
issuance.

IV. Consultation on the Program Comment

    The Army formally submitted this Program Comment to the ACHP twice, 
resulting in two rounds of consultation for both the Army and the ACHP. 
The Army sought participation from the public, State Historic 
Preservation Officers (SHPOs), Indian tribes, Native Hawaiian 
Organizations (NHOs), and other interested parties in the Program 
Comment's development prior to formally submitting its request for a 
Program Comment to the ACHP.
    In accordance with 36 CFR 800.14(e)(2)(3)(4), the ACHP conducted 
consultation with State Historic Preservation Officers (SHPOs), Tribal 
Historic Preservation Officers, Indian Tribes, and Native Hawaiian 
organizations and provided for public participation.
    During the first round of consultation in September 2022, outreach 
consisted of broadcast emails, social media posts, and a dedicated 
website for the Program Comment. The ACHP conducted two government-to-
government consultations with Indian Tribes with a total of four 
participants. Additionally, the ACHP conducted two SHPO meetings with a 
total of eleven participants. Nine written comments were received. 
Written comments included support for the efficiencies provided in the 
program comment, requests to receive notification as appropriate in the 
case of unanticipated discoveries, and substantive comments addressed 
below. During consultation, the ACHP received comments regarding new 
construction in the context of this Program Comment, identification of 
Properties of Particular Importance the review process for these 
properties of particular importance, and inclusion of demolition and 
conveyance in program comments.
    The ACHP received comments regarding the definition of new 
construction within the context of the Program Comment. ACHP Staff 
worked with the Army to refine the definition of new construction in 
the context of this Program Comment which now clarifies that new 
construction is limited to the boundaries of the previously disturbed 
areas in the Vietnam War Era neighborhoods. The definition was adjusted 
to differentiate between disturbed and undisturbed areas and clarifies 
that new housing construction only occurs within the boundaries of 
existing Vietnam War Era housing neighborhoods. Any impacts to known 
archaeological resources or unanticipated discoveries are outside of 
the scope of this Program Comment.
    Some consulting parties argued that the process proposed for review 
of cessation of maintenance and demolition of properties of particular 
importance provided limited opportunities for substantive consultation. 
The Army agreed to replace that Program Comment based review process 
with the standard process for resolving adverse effects within the 
Section 106 regulations at 36 CFR 800.6-800.7, which would allow for 
individual reviews and consultation.
    Some consulting parties commented that provisions within the 
Program Comment for identifying PPI were very general and, if 
implemented, may not result in the identification of any such 
properties. The Army identified and designated PPI prior to 
resubmitting the Program Comment.
    Inclusion of Cessation of Maintenance, Demolition, New 
Construction, and Conveyance in Program Comments continued to be a 
concern to some during consultation. The ACHP has consistently 
maintained demolition may be considered an appropriate management 
action within a program comment, which is why the ACHP has frequently 
issued program comments that include demolition and new construction as 
management actions. The purpose of the overall Program Comment is to 
manage the entire inventory of Vietnam War Era housing. Demolition is 
just one of many management actions (category of undertakings) within 
the scope of the Program Comment which is largely focused on 
maintenance actions. ACHP staff further noted that demolition as a 
management action has typically been used sparingly by Federal agencies 
that implement similar program comments. For example, the Capehart-
Wherry Program Comment includes demolition as a management action and 
only 3% of the units have been demolished since 2002.
    The second round of consultation conducted in February 2023, 
consisted of broadcast email, social media posts, and a dedicated 
website for the program comment. The ACHP conducted one virtual 
government-to-government consultation with Indian Tribes and NHOs for 
which no one called in and one virtual SHPO consultation meeting with 
four participants. The ACHP also hosted a special Membership meeting.
    During the consultation period, the ACHP received four responses 
from Tribes with no concerns, one response from a SHPO office with no 
concerns and five substantive comments from preservation organizations. 
Substantive comments included concerns regarding use of terminology 
such as Properties of Particular Importance that are unique to this 
Program Comment; consideration of the neighborhood characteristics; and 
appropriate digital retention of documentation. Additional concerns 
included the inclusion of cessation of maintenance, demolition, new 
construction, and conveyance in the Program Comment.
    ACHP Staff worked with the Army to address these comments and 
concerns. Army incorporated additional justification for inclusion of 
cessation of maintenance and demolition into the Program Comment and 
provided information on the installation specific programmatic 
agreements which cover housing at the affected installations. 
Opportunities for SHPO and consulting party review and comment are 
built into the process for cessation of maintenance or demolition of 
Properties of Particular Importance. The Army added a mitigation 
measure to develop neighborhood design guidelines which will address 
neighborhood characteristics and cover the management actions included 
in the Program Comment. The guidelines will be developed in 
coordination the ACHP and completed within one year of the program 
comment issuance. The Army also appended the two-volume historic 
context report by reference to the Program Comment. Survey information,

[[Page 28575]]

identification, designation, and documentation of the Properties of 
Particular Importance can be found in the historic context report.

V. More Information

    For further information on the Program Comment and the Army's 
Vietnam War Era Historic Context Report Volumes 1 and 2 incorporated as 
appendices by reference, see https://www.denix.osd.mil/army-vwehh-pc/.

VI. Clarification Regarding Army Housing Partners

    The ACHP interprets the Program Comment to allow the Army to ensure 
compliance with its terms regarding privatized housing by imposing such 
requirements on its housing partners.

VII. Text of the Program Comment

    What follows is the text of the issued Program Comment:

Program Comment for Department of the Army Vietnam War Era Housing, 
Associated Buildings and Structures, and Landscape Features (1963-1975)

1.0. Introduction and Need for the Program Comment

1.1. Introduction

    Section 106 of the National Historic Preservation Act (NHPA), 54 
U.S.C. 306108, requires Federal agencies to take into account the 
effects of projects they carry out, license, or assist (undertakings) 
on historic properties, and to provide the Advisory Council on Historic 
Preservation (ACHP) a reasonable opportunity to comment regarding such 
undertakings. The ACHP has issued the regulations that set forth the 
process through which Federal agencies comply with these 
responsibilities. Those regulations are codified under 36 CFR 800 
(Section 106 regulations).
    Under 36 CFR 800.14(e), federal agencies can request the ACHP 
provide Program Comments on a category of undertakings, in lieu of 
conducting individual reviews of those undertakings under 36 CFR 800.3-
800.7. An agency can meet its NHPA Section 106 responsibilities 
regarding the effects of a category of undertakings on historic 
properties by following the steps set forth by the ACHP in a Program 
Comment.
    The Army's real property is a vital component of its national 
defense mission, and many of the buildings and structures constructed 
by the Army over its 247-year history are now historic properties. 
Among those historic properties, historic housing is a significant 
concern; it is a large part of the Army's total housing inventory, is 
critical to the readiness mission and well-being of thousands of 
Soldiers and their families, and it requires extensive financial 
resources and process time for compliance with NHPA Section 106 and 36 
CFR 800.
    The Army has a unique and significant challenge among federal 
agencies in managing NHPA Section 106 compliance for its inventory of 
historic housing. The Army manages the largest inventory of historic 
housing in the federal government with over 30,000 historic homes 
currently over 50 years old and subject to NHPA Section 106 
requirements. The Army's historic housing inventory includes examples 
that span from the early 19th century through the modern historic 
housing of the late 20th century that is subject of this Program 
Comment. The Army's historic housing represents a diverse inventory of 
American domestic architectural styles with highly varied levels of 
architectural integrity and historic significance. The Army will have 
an additional 70,000 modern historic homes added to its historic 
housing inventory over the next 50 years and will in this century have 
an unprecedented total of over 100,000 historic homes subject to NHPA 
Section 106 requirements.
    This Program Comment for Department of the Army (Army) Vietnam War 
Era Historic Housing, Associated Buildings and Structures, and 
Landscape Features (1963-1975) (Program Comment) provides the Army with 
an alternative means to comply with NHPA Section 106 regarding the 
category of undertakings termed management actions for its inventory of 
Vietnam War Era housing, associated buildings and structures, 
landscapes, and landscape features (Vietnam War Era housing). The Army 
has over 7,800 modern historic homes constructed during the 13-year 
Vietnam War Era from 1963-1975. Management actions required for this 
housing include maintenance, repair, rehabilitation, renovation, 
abatement of hazardous materials, mothballing, cessation of 
maintenance, demolition, new construction, lease, transfer, conveyance, 
and the use of modern, readily available industry standard building 
materials and methods in the implementation of management actions.

1.2. Need for the Program Comment

    The need for this Program Comment is found in the Army's obligation 
to provide safe, healthy, quality housing to Soldiers and their 
families, and the unique challenges the Army has in managing NHPA 
Section 106 compliance for its large and growing inventory of historic 
housing. In 2019, the Secretary of the Army declared an Army Housing 
Crisis due primarily to widespread deficiencies and significant quality 
of life, health, and safety issues effecting military families living 
in historic Army housing.
    To address the Army Housing Crisis and meet its housing obligations 
to military families, the Army must implement management actions to 
improve Army Vietnam War Era housing conditions effecting the quality 
of life for Soldiers and their families; address the health and safety 
risks from certain hazardous historic building materials; ensure cost 
efficient, effective, and consistent management of the overall 
inventory; implement climate adaptations and use modern resilient 
materials; and improve the NHPA Section 106 compliance processes times 
for actions intended to preserve Vietnam War Era housing.
    Housing and associated living conditions are critical factors for 
military families in the context of the challenges and stressors 
Soldiers and their families must cope with in their daily lives. A 
direct connection exists between poor housing conditions and military 
readiness. Concerns among service members about poor housing conditions 
have been found to make it difficult to focus on the military mission, 
some service members are leaving the military because of poor housing 
conditions, and the issue is also impacting the ability to recruit new 
service members (GAO Report 20-281, Military Housing, March 2020).
    Housing during the Vietnam War Era was constructed with single-pane 
windows, asbestos containing shingles and siding, minimal wall and 
attic insulation, galvanized steel pipes for water supply, cast iron 
drainpipes, 100-amp circuit breakers, obsolete HVAC components, and 
lead-based paint and asbestos containing building materials. Most 
original building materials in Army Vietnam War Era housing have been 
replaced. The housing is smaller, and floorplans are obsolete relative 
to the modern standards expected by military families. While 
improvements to Army Vietnam War Era housing have been made in the 
past, many requirements remain, and many continue to arise and create a 
continuous need for implementation of the management actions addressed 
in this Program Comment.
    The Army must address both its current historic housing challenges 
and emerging 21st century challenges. Emergent 21st century challenges 
include the unprecedented growth in

[[Page 28576]]

the Army's inventory of modern historic housing that will occur over 
the next 50 years, the related surge in NHPA Section 106 compliance 
requirements and associated significant financial and compliance 
process time impacts. Additionally, as climate risks intensify, there 
is an increased need to use resilient current industry standard 
building materials and implement climate adaptation measures to ensure 
modern historic Army housing remains sustainable.
    The Army must address the extensive recurring maintenance, repair, 
and rehabilitation requirements for Vietnam War Era housing and seek to 
control those costs using industry standard building materials. The 
Army must abate the historic building materials used in housing from 
this period that present lead-based paint, asbestos, and other hazards 
to housing occupants; implement renovations that address the need for 
additional bedrooms and expanded living space; provide kitchen and 
bathroom improvements; implement climate change adaptations through the 
use of modern, climate resilient, energy efficient building materials 
and other energy efficiency measures; modernize heating, cooling and 
ventilation systems; modernize plumbing and electrical systems; and 
address NHPA compliance processes that impact the rapid turnaround and 
occupancy of housing by reassigned military families.
    The Army also has the need to lease, transfer, or convey Vietnam 
War Era housing to facilitate housing operations by its housing 
privatization partners under the Army's Residential Communities 
Initiative (RCI). RCI operates under Army authority on Army 
installations nationwide through legal partnerships between the Army 
and private sector developers. Lease, transfer, and conveyance involves 
the execution of lease, transfer, and other conveyance documents for 
the purposes of transfer of Vietnam War Era housing to and between RCI 
partners, between RCI partners and the Army, and out of RCI partner or 
government ownership.
    The Army must holistically manage its total inventory of Vietnam 
War Era housing to make certain the housing is preserved and maintained 
as a viable real property asset into the future. Managers of large 
inventories of real property understand that total inventory management 
includes the recurring need to at times cease maintenance and demolish 
certain properties that are no longer viable real property assets. For 
Army Vietnam War Era housing, cessation of maintenance and demolition 
are inventory management tools that reduce the excessive costs 
associated with maintaining certain homes that are no longer viable 
real property assets. The resulting cost savings are reinvested to 
maintain and preserve the remaining housing inventory as viable 
property assets. Cessation of maintenance and demolition may be 
required for certain Army Vietnam War Era housing when deterioration 
effects the structural integrity of homes, the habitability of homes, 
or the quality of life of military family occupants; when the homes are 
no longer needed, stand vacant and are expected to remain vacant into 
the foreseeable future; where hazardous materials and unsafe conditions 
exist that could affect the health and safety of occupants; and when 
new replacement housing is needed to improve the overall quality of 
life for military families. The majority of Program Comments issued by 
the ACHP over the past 20 years recognize the necessity for and include 
demolition as an accepted inventory management tool.
    The role of demolition and reinvestment in the long-term 
preservation of modern historic Army housing is confirmed by 20 years 
of information from the Program Comment for Army Capehart-Wherry 
housing (1949-1962). In 2002, when ACHP issued the Program Comment for 
Army Capehart-Wherry housing allowing demolition and other total 
inventory management actions, there were 19,036 Army Capehart-Wherry 
homes. In 2022 there were 18,483 Army Capehart-Wherry homes. With an 
average of 28 Capehart-Wherry homes demolished each year during the 20-
year Program Comment period, the Army has removed 553 or 3% of 
deteriorated, excess, vacant, and unsafe Capehart-Wherry homes, meaning 
it has preserved 97% of its Capehart Wherry housing through 
reinvestment and continued improvement to maintain the housing as a 
viable asset for military families. The Program Comment for Army 
Capehart-Wherry housing states that Capehart-Wherry housing will be 
preserved through its continued use as housing, and it has been. With a 
97% preservation rate over the past 20 years of implementation, the 
Program Comment for Army Capehart-Wherry housing demonstrates how the 
total inventory management capability including demolition provided by 
a Program Comment ensures the long-term preservation of modern historic 
Army housing.
    The Army is also implementing a Program Comment for Army Inter-War 
Era housing (1919-1940) issued by the ACHP in 2020. The Program Comment 
for Army Inter-War Era housing authorized the programmatic use of 
modern industry standard building materials that have maintained the 
historic character of the housing, improved its climate resiliency, and 
have saved millions of dollars in the rehabilitation of Inter-War Era 
housing. The cost savings resulting from the use of modern industry 
standard building materials are reinvested to further preserve and 
improve the housing for military families. More information on these 
and other outcomes of the Program Comment for Army Inter-War Era 
housing may be found in the Annual Reports for 2021 and 2022 that are 
located at https://denix.osd.mil/army-pchh/home/.
    The effectiveness of Program Comments in delivering consistent and 
positive preservation outcomes for modern historic Army housing is 
demonstrated by the ongoing implementation of the Program Comment for 
Army Capehart Wherry housing and the Program Comment for Army Inter-War 
Era housing. These Program Comments demonstrate that the best means to 
ensure long-term preservation of the Army's large inventory of modern 
historic housing is to sustain the housing as a viable mission-
supporting real property asset through the holistic inventory 
management capabilities provided by Program Comments. The Program 
Comments for Army Capehart Wherry housing and Army Inter-War Era 
housing continue to deliver tangible historic preservation benefits and 
consistent outcomes, improve the quality of life, health, and safety of 
Army families residing in the housing, and create significant NHPA-
related cost efficiencies and process improvements. Similar benefits, 
outcomes, improvements, and efficiencies are required for the Army's 
large inventory of Vietnam War Era housing.

2.0. Intent and Scope of the Program Comment

2.1. Intent of the Program Comment

    This Program Comment is intended to provide the Army compliance 
with NHPA Section 106 for the management actions occurring on all 
privatized and non-privatized Army housing, associated buildings and 
structures, and landscape features constructed from 1963 through and 
including 1975. Management actions will be implemented under this 
Program Comment in lieu of conducting individual project reviews under 
36 CFR 800.3-800.7, with an exception provided in section 5.2.4.3 
regarding the

[[Page 28577]]

treatment of properties of particular importance.
    This Program Comment acknowledges that among federal agencies, the 
Army faces a unique and significant NHPA Section 106 compliance 
challenge due to its large and growing inventory of historic housing.
    This Program Comment addresses a category of undertakings termed 
management actions and recognizes that implementation of those 
management actions directly improves the material living conditions for 
thousands of military families living in Army Vietnam War Era housing 
while ensuring the housing is preserved as a real property asset.
    This Program Comment prioritizes the quality of life, health, and 
safety of military families in harmony with the preservation of Army 
Vietnam War Era housing. It is focused on preservation of this modern 
historic housing while addressing the effects that the historic 
preservation process may have on the people who live in and manage the 
housing. The material living conditions, financial impacts, and 
wellbeing of people are in the forefront as prevailing concerns in the 
preservation of modern historic Army housing.
    This Program Comment recognizes that intensifying climate risks 
require the use of modern resilient building materials and that the 
implementation of climate adaptation measures are needed to ensure Army 
Vietnam War Era housing remains a sustainable real property asset.
    This Program Comment recognizes that standardized plans developed 
by civilian sector architects were used in the construction of Army 
Vietnam War Era housing and that similar designs, plans, building 
materials, and construction methods were used in the construction of 
over 20 million comparable homes built in the private sector during 
this same 13-year period.
    This Program Comment recognizes that the Army's inventory of 
Vietnam War Era housing is eligible for the National Register of 
Historic Places (NRHP) under Criterion A, due to its association with 
the history of the Vietnam War. Army Vietnam War Era housing is not 
eligible for the NRHP under Criteria B, C, or D. The Army's Vietnam War 
Era housing has been extensively altered to the degree that the 
inventory overall lacks architectural integrity.
    This Program Comment includes mitigation measures and recognizes 
that any adverse effects of management actions on Army Vietnam War Era 
housing are addressed and resolved through those mitigation measures.
    This Program Comment ensures positive historic preservation 
outcomes resulting from its flexible, efficient, consistent, and cost-
effective management process that preserves the continuity of 
historical use of Army Vietnam War Era housing.
    This Program Comment is calibrated to the conditions, significance, 
and ubiquity of the Army Vietnam War era housing property type; is 
holistic in its scope and effect; and will provide long-term 
preservation by ensuring that the housing will be a mission-supporting 
real property asset into the future.

2.2. Scope of the Program Comment

    The scope of this Program Comment includes and addresses all 
privatized and non-privatized Army housing constructed from 1963 
through and including 1975. The Army's best available information 
indicates there are 7,843 Vietnam War Era homes on 18 Army 
installations in 13 states. The Army's current information on Vietnam 
War Era homes indicates the following locations and numbers of homes: 
Fort Hood, TX--2,032 Vietnam War Era homes; Fort Benning, GA--1,292; 
Fort Carson, CO--839; Fort Gordon, GA--740; Fort Meade, MD--675; Fort 
Bragg, NC--615; USAG-Hawaii, HI--555; Fort Campbell, KY--230; Fort 
Riley, KS--211; Fort Sill, OK--199; Fort Polk, LA--182; Fort Jackson, 
SC--119; Fort Leavenworth, KS--44; Fort Detrick, MD--40; Fort Stewart, 
GA--38; Redstone Arsenal, AL--18; Joint Base Lewis McChord (JBLM), WA--
10; Aberdeen Proving Ground, MD--4. This information represents the 
best available Army Vietnam War Era housing inventory information as of 
the date of this Program Comment.

3.0. Description and Significance of Army Vietnam War Era Housing

    The Army Vietnam War Era housing property type includes military 
housing constructed on Army installations during the period 1963-1975 
to house the increased number of military personnel required to support 
the Vietnam conflict. This property type is comprised of residential 
buildings including ranch houses, duplexes, multiplexes, townhouses, 
and apartment buildings along with associated structures, such as 
carports and storage sheds, and landscape features concentrated in 
distinct neighborhoods within residential areas of Army installations. 
Reflecting expediently constructed and cost-effective examples of 
housing types popular in the civilian sector during this time, this 
military housing is characterized by a functional contemporary 
architectural character, minimal ornamentation, and high degree of 
standardization in design, materials, and construction. The Vietnam War 
Era homes in these military neighborhoods have collectively undergone 
significant modifications from active use over the years and no longer 
retain architectural design integrity. The property type does retain a 
significant historical association with the Vietnam War.
    During the Vietnam War Era, the DoD looked to the civilian housing 
market and adopted popular Modern house designs from the civilian 
sector and applied those in constructing military housing. While the 
DoD sought to adopt modern design principles for Vietnam War Era 
housing, size limitations and cost criteria established by Congress for 
military family housing influenced the resulting housing stock in terms 
of architectural expression and interior design.
    The US Army Corps of Engineers (USACE) managed the contracting and 
construction of Army family housing for the Department of the Army 
during the Vietnam War Era. Beginning in 1964, USACE used new 
standardized housing design plans developed for DoD by civilian 
architectural firms as a basis for Army housing construction contracts 
(DoD Design Folio, 1964). The standardized plans in the DoD Design 
Folio reflect housing designs that the architects were already using in 
the private sector. USACE hired local and regional architectural and 
engineering firms from the private sector to construct the Army family 
housing at each installation. Due to wartime financial constraints, the 
standardized design plans in the DoD Design Folio were subject to 
extensive site-specific design modifications, and the actual housing 
constructed was much more modest, stripped-down versions of the housing 
depicted in the DoD Design Folio.
    Army homes from this period fall within the category of modern 
housing (see: A Field Guide to American Houses, Virginia Savage 
McAlester, 2017). Starting in 1964, townhouses began to be constructed 
by the Army in significant numbers. While townhouses and apartments 
became a predominate type of Army family housing constructed during the 
Vietnam War Era, single family homes, duplex homes, and apartment 
buildings also continued to be constructed following the same designs, 
building materials, and construction methods that were used in millions 
of homes constructed in the private sector during this period. The Army 
Vietnam War Era neighborhoods

[[Page 28578]]

used standard civilian sector designs and principles of residential 
planning and development. The townhouses were constructed for enlisted 
personnel up to and including junior officers (lieutenants and 
captains). Army townhouse developments applied and followed the 
existing trends in community planning and townhouse neighborhood design 
concepts from the civilian sector.
    The Army's Vietnam War Era housing property type is historically 
significant under NRHP Criterion A based on its historical association 
with the Vietnam War. The Vietnam War was a major event in American 
history from the early 1960s through the mid-1970s. The heightened 
warfighting requirements and costs had direct implications for military 
activities at installations in the United States, including the Army 
family housing construction program. The Vietnam War had a significant 
fiscal impact on Army housing construction appropriations, influencing 
the types and numbers of housing built. The 1964 DoD Design Folio 
states that DoD objectives dictated the development of a family housing 
development plan that would provide reduced costs in siting, 
construction, and maintenance. A proposed solution included the 
townhouse design developments. Multi-story, row-unit townhouses, 
closely sited within large open areas was recognized as creating the 
required economies of scale. While ranch style single family and duplex 
housing designs for senior officers were included in the DoD Design 
Folio and continued to be constructed, townhouse and apartment 
construction on Army installations predominated during the Vietnam War 
Era. Army Vietnam War Era housing illustrates the historical 
progression of Army housing policy, the influence of wartime policies 
and their financial implications as reflected in the housing 
construction program.
    Army Vietnam War Era housing is not significant under NRHP Criteria 
B, C, or D. Army Vietnam War Era is not associated with the productive 
lives of significant architects, military figures, or real estate 
developers from this period (Criterion B (Persons)). Regarding 
Criterion C (Design/Construction), this property type does not 
represent distinctive characteristics of type, period, and method of 
construction, does not represent the work of a master; possess high 
artistic value; or represent a significant and distinguishable entity 
whose components lack individual distinction. Standardized plans 
developed by civilian sector architects were used in the construction 
of Army Vietnam War Era housing, and the same plans, designs, building 
materials, and construction methods were used in the construction of 
20.4 million comparable homes in the private sector during this period 
(https://www.census.gov/construction/nrc/index.html). Additionally, the 
Army's inventory of Vietnam War Era housing has had extensive physical 
modifications impacting its architectural design integrity including 
extensive replacement of original interior and exterior building 
elements and original building materials. Army Vietnam War Era housing 
overall lacks architectural design integrity due to substantial 
physical modifications that have occurred and does not convey 
significance under Criterion C. Regarding Criterion D (Information 
Potential), the housing inventory is not likely to yield important 
information since it does not represent the principal source of 
information on design or construction of housing from this period.
    The Army's public website for the Program Comment contains 
extensive information on the history, architecture, and the NRHP 
significance of Army Vietnam War Era housing, see https://www.denix.osd.mil/army-vwehh-pc. Army-wide historic context reports, 
historic documents, installation level inventory, evaluation, and 
documentation of the housing are located on the website.

4.0. Category of Undertaking and Assessment of Effect

4.1. Category of Undertaking

    The category of undertaking addressed by this Program Comment is 
management actions. Management actions are defined as maintenance, 
repair, rehabilitation, renovation, abatement of hazardous materials, 
mothballing, cessation of maintenance, demolition, new construction, 
lease, transfer, conveyance, and the use of modern industry standard 
building materials and methods in the implementation of management 
actions.
    This category of undertakings is defined based on both the Army's 
Vietnam War Era housing management needs and on two previous Program 
Comments for modern historic Army housing. The definition of management 
actions as the category of undertaking for Army Vietnam War Era housing 
follows the definition of management actions established in the Program 
Comment for Army Capehart-Wherry housing and the Program Comment for 
Army Inter-War Era housing.

4.2. Assessment of Effect

    The Army's management actions will have an adverse effect on Army 
Vietnam War Era housing. An adverse effect occurs when an action may 
alter, directly or indirectly, any of the characteristics of a historic 
property that qualify the property for inclusion in the NRHP in a 
manner that would diminish the integrity of the property's location, 
design, setting, materials, workmanship, feeling, or association. The 
characteristic that qualifies Army Vietnam War Era housing for 
inclusion in the NRHP is its historical association with the Vietnam 
War under NRHP Criterion A.
    The Army's mitigation measures focus on addressing the adverse 
effects of management actions on the housing's historical association 
with the Vietnam War and include professional research and public 
education regarding the history of the housing within the historic 
context of the Vietnam War; inventory and documentation regarding the 
housing's location, design, setting, materials, workmanship, and 
feeling; the identification and treatment of properties of particular 
importance; and the development and implementation of Neighborhood 
Design Guidelines among other measures. The mitigation measures ensure 
that any adverse effects of management actions are taken into account 
in consideration of the NRHP significance of the Army Vietnam War Era 
housing property type.

5.0. Mitigation Measures

    NHPA Section 106 mitigation measures address and resolve the 
adverse effects of undertakings on historic properties and the 
qualities that make the properties historically significant. Since the 
Army's inventory of Vietnam War Era housing is significant based on its 
historical association with the Vietnam War, the mitigation measures 
for Army Vietnam War Era housing are properly focused on mitigating 
adverse effects to the significance of Army Vietnam War Era housing 
under NRHP Criterion A.

5.1 Prior Mitigation Measures

    The Army has existing documentation on the history and historic 
context of Vietnam War Era housing, installation-specific inventory and 
evaluation reports of Vietnam War Era housing recording its design and 
architectural style, interior designs and floorplans, factors 
influencing design variations, and its associated buildings and 
structures, and landscape features. This existing set of prior Army 
documentation serves as a Program

[[Page 28579]]

Comment mitigation measure since it provides comprehensive 
documentation and recordation of Vietnam War Era housing, associated 
buildings and structures, and landscape features. The existing 
documentation for Army Vietnam War Era housing is consolidated on the 
Army's Vietnam War Era Housing website https://www.denix.osd.mil/army-vwehh-pc.
    The prior documentation includes the overarching DoD-wide historic 
context Vietnam and the Home Front: How DoD Installations Adapted, 
1962-1975, June 2014; the Department of Defense Housing Design Folio, 
1964; Fort Gordon Cold War Architectural Survey, April 2005; 
Architectural Survey Conelly Duplex Units, Hawthorne Army Depot, NV, 
September 2014; and Architectural Inventory and Evaluation of 1970s-Era 
Family Housing at U.S. Army Garrison Fort Carson, CO, August 2019.

5.2. Additional Mitigation Measures

    Unless otherwise specified, all additional mitigation measures in 
this section will be completed in three calendar years from the date of 
ACHP Federal Register notice of issuance of the Program Comment. 
Documents resulting from these mitigation measures will as appropriate, 
be made available to the public by means of the Army's Vietnam War Era 
housing website at https://www.denix.osd.mil/army-vwehh-pc, following 
security review and clearance.
5.2.1. Public Education on the History of Army Vietnam War Era Housing
    The Army will maintain a public website containing information 
about the history of the Army Vietnam War Era housing for public 
educational purposes. The Army will provide relevant public 
documentation regarding Vietnam War Era housing and make that 
information available via the website, thereby providing the public a 
single and readily accessible source of information on the history of 
this housing. The Army will also use social media to distribute 
information on Vietnam War Era historic housing and other Army historic 
preservation information.
5.2.2. Historic Context Research for Army Vietnam War Era Housing
    New scholarly information on the history of Vietnam War Era housing 
through in-depth professional research and presentation of additional 
Army Vietnam War Era housing historic context information was developed 
by the Army for this Program Comment. The Army conducted archival 
research and assessed historical information relevant to the nation-
wide historic context of the housing, address the history and 
characteristics of the military construction program for Vietnam War 
Era housing, and other important aspects pertaining to the history of 
Army Vietnam War Era housing in the context of the Vietnam War. The 
two-volume historic context documentation is published on the Army's 
Vietnam War Era Housing public website https://www.denix.osd.mil/army-vwehh-pc.
5.2.3. Army-Wide Vietnam War Era Housing Inventory and Evaluation
    An Army-wide inventory and evaluation of Vietnam War Era housing 
was developed by the Army for this Program Comment. This includes the 
inventory of representative Vietnam War Era housing architectural 
styles, associated buildings and structures, and landscape features, 
and information and evaluation of the housing's location, design, 
setting, materials, workmanship, and feeling, provide information. The 
report also provides the identification and evaluation of properties of 
particular importance. The documentation is published on the Army's 
Vietnam War Era Housing public website https://www.denix.osd.mil/army-vwehh-pc as part of the two-volume historic context document.
5.2.4. Designation, Recordation, Documentation, and Treatment of 
Properties of Particular Importance
5.2.4.1. Designation of Properties of Particular Importance
    Army Vietnam War era housing properties of particular importance 
are defined as: Army Vietnam War era housing that retains a high degree 
of integrity, represents particularly important historical aspects of 
the Army Vietnam War Era housing program, and that represent 
particularly important building types or methods of construction. To be 
considered properties of particular importance Army Vietnam War Era 
housing must retain original location, scale, mass, proportion, 
materials, and ornamentation from the period of construction.
    A total of 555 Army Vietnam War era homes equivalent to 7.1% of the 
total Army inventory of 7,843 Vietnam War era homes are designated as 
properties of particular importance. The 555 Army Vietnam War era homes 
designated as properties of particular importance are in the Akolea, 
Aloala, and Ralston neighborhoods, at Schofield Barracks, Hawaii (HI).
    Unlike all other Army installations with Vietnam War era housing, 
the housing in these three neighborhoods at Schofield Barracks has had 
minimal exterior modifications in terms of materials, additions, and 
new construction. This housing not undergone the significant redesign 
and extensive replacement of original building materials and 
ornamentation that has occurred throughout the rest of the Army 
inventory of Vietnam War Era housing. The original building designs and 
building materials such as jalousie windows and concrete block and wood 
board-and-batten siding are original, roof modifications are minimal. 
Interior modifications are also minimal to maintain the livability of 
the units and consist of replacement finishes, fixtures, and 
appliances. In select cases, some housing units were combined, and 
those original interior floor plans were modified.
    Despite some minimal modifications over time, Army Vietnam War era 
housing in the Akolea, Aloala, and Ralston neighborhoods retains 
sufficient integrity of association, feeling, location, and setting to 
convey their historical association with the Vietnam War. The buildings 
retain a high degree of integrity of design, materials, and 
workmanship. The housing is however not distinctive or distinguishable 
in its design and construction relative to the national inventory of 
housing from this period. Additionally, research has not identified any 
association with persons important in the past, and the housing is 
unlikely to yield information important to history because it is not 
the principal source of information representing housing constructed 
during the Vietnam War Era.
    The inventory conducted at Schofield Barracks confirmed that the 
military followed civilian-sector housing trends and did not construct 
housing that was unique or distinctive from the 20 million civilian 
sector homes constructed in the US during this period. Through the 
retention of original building materials and design, the housing in the 
Aloala, Akolea, and Ralston neighborhoods maintains the domestic design 
principles popularized during the period. The Vietnam War Era housing 
in the Aloala, Akolea, and Ralston neighborhoods retains original 
location, scale, mass, proportion, materials, and ornamentation from 
the period of construction. The neighborhood designs are cohesive and 
visually convey original suburban residential design from the Vietnam 
War Era. Therefore, the 555 Army Vietnam

[[Page 28580]]

War era homes located in the Akolea, Aloala, and Ralston neighborhoods 
at Schofield Barracks, HI meet the definition of properties of 
particular importance and are so designated.
5.2.4.2. Recordation and Documentation of Properties of Particular 
Importance
    The Army has recorded and documented the designated properties of 
particular importance. The recordation and documentation include site-
specific archival research of primary and secondary source materials 
and review of previous studies to develop a specific history and 
statement of significance for the designated properties of particular 
importance at Scofield Barracks. Research includes a review of 
drawings, historic photographs, and written documents, as available. 
Fieldwork investigations documented the current appearance of the 
buildings with digital images of individual building types including 
elevations and exterior details of the housing. The digital photographs 
follow National Park Service digital photography standards and show the 
respective housing in context. The documentation of the designated 
properties of particular importance is published on the Army's Vietnam 
War Era Housing website https://www.denix.osd.mil/army-vwehh-pc/ in the 
two-volume historic context document. The ``Historic Context for Army 
Vietnam War Era Historic Housing, Associated Structures, and Landscape 
Features (1963-1975) Volumes 1 and 2'' are hereby designated as an 
Appendix to this Program Comment, see section 10.0.
5.2.4.3. Treatment of Properties of Particular Importance
    Inventory management requirements for Army Vietnam War Era housing 
may necessitate the cessation of maintenance and demolition of 
properties of particular importance designated in section 5.2.4.1. The 
Army will follow the consultation process in 36 CFR 800.6-800.7 to 
address adverse effects when designated Vietnam War Era housing 
properties of particular importance are proposed for cessation of 
maintenance and demolition. Memoranda of Agreement (MOAs) or 
Programmatic Agreements (PAs) prepared in accordance with 36 CFR 800 to 
resolve the adverse effects of cessation of maintenance and demolition 
on the designated properties of particular importance are subject to 
the following requirements of this Program Comment: (a) properties of 
particular importance have been identified, evaluated, and designated 
under this Program Comment and no further actions under 36 CFR 800 or 
any MOA or PA shall be stipulated or required to identify, evaluate, or 
designate additional Army Vietnam War Era housing properties of 
particular importance and, (b) the documentation of properties of 
particular importance prepared in section 5.2.4.2 will be incorporated 
as a mitigation measure in any MOA or PA prepared to address cessation 
of maintenance and demolition of Army Vietnam War Era housing 
properties of particular importance. The procedures in this section for 
treatment of properties of particular importance apply over the 
duration of this Program Comment.
5.2.5. Neighborhood Design Guidelines
    The Army will: (i) Prepare Army Vietnam War Era Housing 
Neighborhood Design Guidelines in coordination with the ACHP within one 
year of issuance of this Program Comment, (ii) Use a qualified 
professional and the information in the historic context study 
referenced in section 5.2.2 to prepare the Neighborhood Design 
Guidelines, (iii) Address the design and setting of Vietnam War Era 
neighborhoods and landscape features in the Neighborhood Design 
Guidelines, (iv) Ensure the Neighborhood Design Guidelines are 
available to those installations with Vietnam War Era housing, and (v) 
Implement the Neighborhood Design Guidelines to the maximum extent 
practicable in planning management actions that affect the overall 
design of Vietnam War Era neighborhoods.
5.2.6 Historic Preservation Tax Credits
    The Army FPO will advise its Residential Communities Initiative 
(RCI) privatized housing partners that Vietnam War Era housing may be 
eligible for Federal and State historic preservation tax credits upon 
ACHP issuance of this Program Comment. The Army FPO will provide 
supplemental tax credit information on request from RCI housing 
partners including offices and website locations that provide 
information on applicable tax credits.
5.2.7. Annual Report
    On or before January 31st of each reporting year, the Army will 
provide an Annual Report on the Program Comment to the ACHP for the 
preceding year. The Annual Report will provide the status of the Army's 
implementation of the mitigation measures. The Annual Report will 
include a summary of final Army decisions made during the reporting 
year for demolition of Vietnam War era housing. The Annual Report will 
identify significant issues that may have arisen while implementing the 
Program Comment, how those were addressed, and how they may be avoided 
in the future. The Annual Report will include an assessment of the 
overall effectiveness of the Program Comment in meeting its intent.
5.2.8. Annual Meeting
    After its submission of the Annual Report and upon the ACHP's 
request, the Army will schedule a meeting with the ACHP, and invite the 
National Conference of State Historic Preservation Officers (NCSHPO), 
the National Association of Tribal Historic Preservation Officers 
(NATHPO), the National Trust for Historic Preservation (NTHP), and any 
other ACHP identified invitees to discuss implementation of the Program 
Comment. Prior to the Annual Meeting, the Army will provide an Annual 
Report on the Vietnam War Era Housing Program Comment to the meeting 
invitees relating the status of completion of the mitigation measures 
in section 5.2. The Annual Meeting provides an opportunity for 
attendees to provide their views on the overall effectiveness of the 
Program Comment in meeting its intent and purpose. The Army will 
document the occurrence of the meeting and participants, and its 
response to recommendations made by the ACHP. Annual Meetings may take 
place in-person, by phone, by videoconference, or any combination of 
such methods.

6.0. Applicability of the Program Comment

    This Program Comment applies to all Army Vietnam War Era housing, 
associated buildings and structures, landscapes and landscape features, 
and neighborhoods built from 1963 through and including 1975. Over 99% 
of Army's Vietnam War Era housing is privatized housing operated under 
the Army's RCI program. The Program Comment applies to all Army Vietnam 
War Era housing, both privatized and non-privatized.
    The Program Comment does not apply when a management action may 
cause physical damage, destruction, or change the physical features of 
other historic properties including properties of traditional religious 
and cultural importance to Federally recognized Indian tribes or NHOs; 
human remains, funerary objects, sacred objects, and cultural patrimony 
as defined in the Native American Graves Protection and Repatriation 
Act (NAGPRA).
    The Army reviewed its National Historic Landmarks (NHL) 
documentation to confirm there are no

[[Page 28581]]

Army Vietnam War Era housing designated as individual NHLs or as 
contributing properties to any NHL district. There are no known Army 
Vietnam War Era historic housing, associated buildings and structures, 
and landscape features that are NHLs, or that qualify for NHL 
designation.

7.0. Implementation of the Program Comment

7.1. Effect of the Program Comment

    The Program Comment for Army Vietnam War Era housing includes all 
privatized and non-privatized Army housing constructed from 1963-1975. 
By adhering to the terms of the Program Comment, the Army meets its 
responsibilities for compliance with Section 106 of the NHPA for 
management actions effecting Army Vietnam War Era housing.
    The Army will implement the management actions under the Program 
Comment in lieu of conducting any individual project reviews under 36 
CFR 800.3-800.7 for Army Vietnam War Era housing. One exception is 
under section 5.2.4.3 whereby the Army will follow the resolution of 
adverse effect process in 36 CFR 800.6-800.7 and resulting PAs or MOAs 
when Vietnam War Era housing properties of particular importance 
designated in section 5.2.4.1 are subject to cessation of maintenance 
and demolition.
    This Program Comment supersedes and replaces any requirements for 
Army Vietnam War Era housing in all preceding Section 106 PAs, MOAs, or 
Army Alternate Procedures. The Army will implement the Program Comment 
in lieu of all PA, MOA, Army Alternate Procedure requirements and 
procedures previously applicable to Army Vietnam War Era housing. PAs, 
MOAs, or Army Alternate Procedures prepared after ACHP issuance of this 
Program Comment will identify this Program Comment and indicate that 
the Program Comment meets all Army responsibilities for compliance with 
Section 106 of the NHPA for management actions associated with Army 
Vietnam War Era housing. PAs, MOAs, Army Alternate Procedures, any 
other agreements, procedures, plans, standards, or guidelines shall not 
in any way modify, effect, or alter the terms of this Program Comment. 
The terms of this Program Comment may only be modified through 
amendments made in accordance with Section 9.0 of this Program Comment.
    The Army will implement the Program Comment in lieu of any 
procedures, development agreements, lease and conveyance documents, 
environmental management plans, guidelines, reporting requirements, 
Integrated Cultural Resources Management Plans, and all other 
documents, standards, procedures, or guidelines pertaining to the 
historic preservation of Vietnam War Era housing.
    The Army will ensure that RCI housing privatization entities to 
which it leases or otherwise coveys Vietnam War Era housing for the 
purposes of possession, management, and operation as housing and 
associated ancillary purposes follow this Program Comment for all 
management actions associated with these properties. This provision 
also applies to the reversion of leased or otherwise conveyed Vietnam 
War Era housing from a management entity back to the Army, whereby the 
Army will follow this Program Comment for all management actions 
associated with these properties.

7.2. Duration of the Program Comment

    The Program Comment will remain in effect from the date of issuance 
by the ACHP through December 31, 2055. This duration serves to 
integrate NHPA compliance with the ongoing real property management 
requirements in place for privatized Army housing. The duration of the 
Program Comment synchronizes with the term of the ground leases that 
have been executed with the Army's privatized housing partners under 
the RCI program. Upon termination of Army RCI program ground leases, 
ownership of all RCI partnership owned improvements including all 
housing that is located within the boundaries of the ground lease is 
conveyed back to the Army.
    The Program Comment will remain in effect from the date of ACHP 
issuance through December 31, 2055, unless prior to that time the Army 
determines that such comments are no longer needed and notifies the 
ACHP in writing, or the ACHP withdraws the Program Comment in 
accordance with 36 CFR 800.14(e)(6), or the ACHP amends the Program 
Comment to change its duration per Section 9.0. Following withdrawal or 
expiration of this Program Comment, the Army will be required to comply 
with Section 106 through the process in 36 CFR 800.3-800.7, or an 
applicable program alternative under 36 CFR 800.14, for each individual 
undertaking formerly covered by this Program Comment.

7.3. Further Historic Property Identification and Evaluation

    The Army's Vietnam War Era housing has been extensively identified, 
evaluated, and documented by existing information and by information 
developed under section 5.0. of this Program Comment. The Army will not 
implement any further historic property identification, evaluation, and 
mitigation efforts in connection with the management actions covered by 
the Program Comment other than those efforts specified as additional 
mitigation measures in Section 5.2 of this Program Comment.
    Army Vietnam War Era housing areas are the equivalent of suburban 
tract housing developments in the private sector. As such, there is 
significant prior ground disturbance in Vietnam War Era housing areas 
and neighborhoods resulting from the original construction of the 
housing including overall grading of the entire housing development 
area, housing construction, construction of associated buildings and 
structures, road and sidewalk construction, installation of above and 
below ground utilities, landscaping, construction of recreational 
structures, and subsequent ground disturbing actions that have occurred 
after the original construction. Such areas of extensive ground 
disturbance associated with housing tract developments are considered 
to have a low probability for the presence of NRHP eligible 
archeological properties. Therefore, no further efforts to identify or 
evaluate archeological properties in Vietnam War Era housing areas and 
neighborhoods are required for the implementation of Program Comment 
management actions other than those actions identified in section 8.0.

8.0 Treatment of Archeological Properties and Human Remains

    Army installation NHPA agency officials including installation 
commanders, garrison commanders, or their designees, and installation 
cultural resource managers shall ensure that RCI partners, contractors, 
and installation staff involved in implementing management actions in 
Vietnam War Era housing neighborhoods are provided information 
regarding any known undistributed areas within those neighborhoods; the 
presence of known archeological properties, Native American or Native 
Hawaiian human remains, funerary objects, sacred objects, and cultural 
patrimony within those neighborhoods; and the installation's procedures 
in the event of discovery of or effects to archeological properties, 
human remains, and cultural items. RCI partners, contractors, 
installation staff, and others involved in implementing management 
actions in Vietnam War Era housing neighborhoods will exercise caution 
in

[[Page 28582]]

known undistributed areas; will seek to avoid impacts to known 
archeological properties, Native American or Native Hawaiian human 
remains and cultural items whenever possible; and will follow the 
procedures in 8.1 and 8.2 if such archeological properties, human 
remains, or cultural items may be affected by or are discovered during 
the implementation of management actions.

8.1. Archeological Properties and Human Remains of Non-Native American 
and Non-Native Hawaiian Origin

    If a previously known NRHP eligible archeological property will be 
adversely affected by a Program Comment management action, mitigation 
measures to resolve the adverse effect to that archeological property 
will be developed following the procedures in 36 CFR 800.3-800.7, or by 
following the archeological property mitigation procedures in an 
applicable installation NHPA PA, MOA, or Army Alternate Procedures, as 
appropriate. The discovery of a NRHP eligible archeological property or 
human remains of non-Native American and non-Native Hawaiian origin 
during the implementation of management actions for Vietnam War Era 
housing will be addressed following the procedures in 36 CFR 800.13 
regarding post review discoveries, or by following the archeological 
property discovery procedures in an applicable installation NHPA PA, 
MOA, or Army Alternate Procedures, as appropriate. Archeological 
properties associated with the Vietnam War Era (1963-1975) located in 
Army Vietnam War Era neighborhoods are addressed under this Program 
Comment as landscape features.

8.2. Native American and Native Hawaiian Human Remains, Funerary 
Objects, Sacred Objects, and Cultural Patrimony

    The Army acknowledges that the respectful treatment of Native 
American and Native Hawaiian human remains are a paramount concern and 
that an appropriate treatment is to protect and preserve Native 
American or Native Hawaiian human remains in situ, wherever possible. 
If Native American or Native Hawaiian human remains, funerary objects, 
sacred objects, and cultural patrimony may be affected by or are 
discovered during the implementation of management actions under this 
Program Comment, the Army installation agency official will implement 
the appropriate statutory provisions of NAGPRA and the regulatory 
compliance procedures in 43 CFR 10, a NAGPRA Comprehensive Agreement, 
or a NAGPRA Plan of Action, as appropriate.

9.0. Program Comment Amendment and Withdrawal

    The ACHP may formally amend this Program Comment after consulting 
with the Army and other parties as it deems appropriate.

9.1. Amendment by Chairman, ACHP

    The Chairman of the ACHP, after notice to the rest of the ACHP 
membership and the Army may amend this Program Comment to extend its 
duration. The ACHP will notify the Army and will publish notice in the 
Federal Register regarding such amendment within 30 days after their 
issuance.

9.2. Amendment by Executive Director, ACHP

    The Executive Director of the ACHP, after notice to the ACHP 
membership and the Army may amend this Program Comment to adjust due 
dates and make corrections of grammatical and typographical errors. The 
ACHP will notify the Army and will publish notice in the Federal 
Register regarding such amendments within 30 days after their issuance.

9.3. Withdrawal of the Program Comment

    If the ACHP determines that consideration of Army Vietnam War Era 
housing is not being carried out in a manner consistent with this 
Program Comment, the ACHP may withdraw the Program Comment. The 
Chairman will notify the Army and will publish notice in the Federal 
Register regarding withdrawal of the Program Comment within 30 days of 
the decision to withdraw. If this Program Comment is so withdrawn, the 
Army shall comply with the requirements of 36 CFR 800.3-800.7, or an 
applicable program alternative, for individual undertakings effecting 
Army Vietnam War Era housing.

10.0 Appendix

    Appendix--Historic Context for Army Vietnam War Era Historic 
Housing, Associated Structures, and Landscape Features (1963-1975), 
Volume 1 and Volume 2. [see https://www.denix.osd.mil/army-vwehh-pc/].

11.0 Definitions

    The following definitions apply to and are implemented by this 
Program Comment:
    Abatement means actions to eliminate, lessen, reduce, or remove 
hazardous and toxic materials, and unsafe conditions.
    Army Vietnam War Era historic housing includes all privatized and 
non-privatized housing, with construction started or completed during 
the period 1963-1975, that is located on an Army installation or joint 
base and owned, operated, and or managed by the Army or by an Army 
privatized housing partner including those operating under the RCI 
program. The terms housing, Army Vietnam War Era housing, and Vietnam 
War Era housing are used interchangeably in the Program Comment and 
mean all Army Vietnam War Era historic housing, associated buildings 
and structures, landscapes and landscape features, and neighborhoods.
    Army Vietnam War Era housing property type means Army Vietnam War 
Era housing, associated buildings and structures, landscapes and 
landscape features, and Vietnam War Era neighborhoods.
    Army Vietnam War Era neighborhood means a geographical area, 
district, development, community, subdivision, or locality on an 
installation that is characterized by and comprised predominantly of 
Army Vietnam War Era housing, associated buildings and structures, and 
landscapes and landscape features.
    Associated buildings and structures includes detached garages, 
carports, storage buildings, above and below ground utilities and 
service systems including water, sewage, storm water, gas, and 
electrical service systems, tennis courts, pools, buildings and 
structures associated with recreational and athletic activities, 
playgrounds and playground equipment, all other recreational buildings 
and structures, fencing, community centers, shelters, associated 
ancillary facilities that support housing, and any and all other 
buildings, structures, and objects associated Army Vietnam War Era 
housing with or located within Army Vietnam War Era housing 
neighborhoods.
    Cease or cessation of maintenance means an action to permanently 
halt maintenance and repair of housing and/or associated buildings and 
structures and landscape features when the property is no longer in a 
mission supporting operational status; resources are and will remain 
unavailable to maintain, mothball, or demolish the property; and there 
is no foreseeable alternative use or intent to bring the property back 
to operational status at a future time.
    Current industry standard building materials and methods means 
modern

[[Page 28583]]

industry standard building materials, methods and techniques that are 
currently in use in the construction industry today. It includes 
natural, composite, and synthetic building materials; and the designs, 
types, techniques, materials, equipment, temporary structures, and 
suitable methods to accomplish construction.
    Demolition and demolish means complete dismantling and/or 
destruction of Army Vietnam War Era housing in its entirety, or partial 
demolition to remove exterior portions of the housing when the housing 
is found to be either deteriorated, excess to needs, vacant, presents 
health and safety hazards, or when replacement with new housing is 
necessary to improve the quality of life of military families.
    Deteriorated means Army Vietnam War Era housing that is 
significantly impaired as to affect the habitability of the housing or 
the quality of life of military family occupants.
    Excess to needs means housing present on an installation that is 
excess to current and foreseeable future needs as indicated by Army 
housing market surveys and housing requirements analyses.
    Health and safety hazards means housing that has any of the 
following conditions: significantly damaged roofs or walls; non-
functional mechanical systems; unsafe common areas such as stairs; 
significant rodent, insect, or mold infestations; lead based paint 
exposure risks; asbestos exposure risks; risk of exposure to other 
chemical or environmental hazards; violations of health and safety 
codes and standards; damages due to fire, flooding, or natural 
disasters; or other conditions that make the housing unsafe, present 
health hazards, or cause the housing to be uninhabitable.
    Historic property means buildings, sites, structures, objects, and 
districts that are eligible for inclusion or that are included in the 
NRHP.
    Landscape features and landscapes includes the overall design and 
layout of the Vietnam War Era housing neighborhoods and communities 
including roadway circulation systems and patterns, plantings and 
landscaping, open spaces, playgrounds, recreational landscape features 
including but not limited to recreational and athletic fields, golf 
courses, fencing, parking areas, signage, site furnishings, parade 
grounds, lighting, sidewalks and curbing, driveways, setbacks, all 
visual elements and viewsheds into Vietnam War Era historic properties 
and neighborhoods and out from Vietnam War Era historic properties and 
neighborhoods into other historic properties and districts, any and all 
other landscape features present in Vietnam War Era housing and 
neighborhoods, and any archeological properties associated with the 
Vietnam War Era (1963-1975). The term landscape features as used 
throughout the Program Comment is inclusive of all Vietnam War Era 
landscapes and landscape features.
    Lease, transfer, and conveyance means the execution of lease, 
transfer, and conveyance documents for the purposes of lease, 
possession, management, operation, and transfer of Vietnam War Era 
housing. Includes execution of transfers and conveyances of ground 
leases and property ownership between RCI partners, between RCI 
partners and the Army; and actions to transfer or convey Vietnam War 
Era housing by sale or other means out of Federal governmental 
ownership and control and/or out of RCI partner ownership and control 
to any other public or private entities.
    Maintenance and repair means activities required to maintain the 
interior and exterior of housing, mechanical systems, and all interior 
and exterior building features, elements, and materials in an 
operational state, or to bring them back to operating condition by 
repair or replacement of obsolete, broken, damaged, or deteriorated 
mechanical systems, features, elements, and materials on housing 
interiors or exteriors.
    Management actions means maintenance, repair, rehabilitation, 
renovation, abatement of hazardous materials, mothballing, cessation of 
maintenance, demolition, new construction, lease, transfer, conveyance, 
and the use of current readily available industry standard building 
materials and methods in the implementation of management actions.
    Mechanical systems means heating, ventilation, air conditioning, 
plumbing, and electrical systems, and the individual elements and 
components of each system.
    Mitigation measures means any existing, new, or updated materials 
or actions that serve to address, reduce, minimize, or otherwise 
mitigate adverse effects on historic properties, and may include 
research reports, historical documentation, recordation, and other 
materials and activities.
    Mothballing means an action to close and deactivate housing and/or 
associated buildings and structures for an extended period, with the 
intent that the property would be brought back to a mission supporting 
operational status at some future time.
    New construction or new housing construction means the use of 
current industry standard building materials and methods for 
construction of new housing, associated buildings and structures, and 
landscape features within existing Vietnam War Era housing 
neighborhoods. New housing construction usually occurs when there is a 
housing deficit determined through local housing market surveys and 
installation housing requirements analyses. New housing construction 
may include single family homes, duplexes, multiplexes, townhouses, 
apartments, and associated buildings, structures, and landscape 
features. New construction is restricted to the boundaries of existing 
Vietnam War Era housing neighborhoods due to significant prior ground 
disturbance in these neighborhoods. Army Vietnam War Era housing 
developments, like suburban tract housing developments in the civilian 
sector, are considered to have a low probability for the presence of 
NRHP eligible archeological properties due to a high degree of prior 
ground disturbance from housing and housing-related infrastructure 
construction. Prior ground disturbance in Army Vietnam War era 
neighborhoods is due to the original neighborhood construction 
including overall grading of the entire neighborhood development area, 
construction of the Vietnam War era housing itself, construction of 
associated buildings and structures, road and sidewalk construction, 
installation of above and below ground utilities, landscaping, 
construction of recreational areas and structures, and subsequent 
ground disturbing actions that have occurred after the original 
construction. Appropriate NHPA and NAGPRA procedures will be followed 
in accordance with section 8.0 of this Program Comment in the event of 
effects to or discovery of Native American or Native Hawaiian human 
remains or cultural items, or an NRHP eligible archeological property 
or human remains of non-Native American and non-Native Hawaiian origin.
    Original historic building materials and historic building 
materials means the building materials that were used in the initial 
construction of Vietnam War Era housing.
    Privatized housing means Army housing that has been privatized 
under the Army's Residential Communities Initiative (RCI). The RCI 
operates on Army installations through the operation of legal 
partnerships between the Army and private sector developers.

[[Page 28584]]

At each installation where RCI housing is located, the Army conveys 
ownership of existing housing and leases land to the RCI partnership. 
The RCI partnership then operates and manages the conveyed housing and 
leased lands for military housing purposes.
    Properties of particular importance means Army Vietnam War Era 
housing that retains a high degree of integrity, represents 
particularly important historical aspects of the Army Vietnam War Era 
housing program, and that represent particularly important building 
types or methods of construction. To be considered properties of 
particular importance Army Vietnam War Era housing must retain original 
location, scale, mass, proportion, materials, and ornamentation from 
the period of construction.
    Public educational materials mean Vietnam War Era housing historic 
contexts, reports, and other documentation containing public 
information on the history of Vietnam War Era housing.
    Quality of life means the general wellbeing and material living 
conditions of individuals and military families living in historic 
housing.
    Rehabilitation means repairs, additions, and other alterations and 
modifications to a building that preserve, to the greatest extent 
possible, historic building materials, historic building design, and 
other historic building features in accordance with Secretary of the 
Interior's Standards for the Treatment of Historic Properties (36 CFR 
68).
    Renovation means improvements to housing using current industry 
standard building materials and methods and including any interior and 
exterior alterations and modifications; exterior additions that 
increase square footage of housing; interior floor plan changes; 
actions to improve energy efficiency and climate resiliency; removal 
and replacement of out of date, obsolete, damaged, deteriorated, or 
defective interior and exterior building materials and elements 
including windows and doors; removal and replacement of interior walls, 
ceilings, and flooring; removal and replacement of mechanical systems 
or elements thereof; and other alterations and modifications that 
modernize housing to improve the quality of life of residents.
    To the maximum extent practicable means to implement to the extent 
feasible or capable of being considered or carried out with reasonable 
effort taking into account considerations regarding the financial 
implications for housing improvements and new construction and the 
benefits those and other management actions have in terms of improving 
the quality of life, health, safety of military families.
    Undisturbed area(s) means a definable area within an Army Vietnam 
War Era neighborhood that has not been altered from its natural 
condition by human activities. Undisturbed areas must retain the 
natural topography and natural soil horizons existing before any human-
caused influences or changes. Undisturbed areas must have not been 
affected to any degree by grading, filling, removal of trees or 
vegetation, prior excavation or construction, or any other human-caused 
influences or activities.
    Vacant means housing that has been unoccupied for six months or 
longer and is expected to remain unoccupied into the foreseeable 
future.
    Viewshed includes all the area visible from a particular location, 
viewing point, or series of viewing points. It includes all visual 
elements and surrounding points that are in the line of sight from any 
location, viewing point, or series of viewing points and excludes all 
points and locations that are not visible and/or are obstructed by 
terrain, other natural features, man-made features, and points beyond 
the horizon.

(End of Document)

    Authority: 36 CFR 800.14(e).

    Dated: April 28, 2023.
Javier Marqu[eacute]s,
General Counsel.
[FR Doc. 2023-09418 Filed 5-3-23; 8:45 am]
BILLING CODE 4310-K6-P