On October 26, 2022, the Advisory Council on Historic Preservation (ACHP) approved an exemption that removes the Section 106 review requirements for federal agencies when installing certain electric vehicle supply equipment. The exemption will apply to the installation of EVSE on federal lands and facilities as well as non-federal lands receiving federal licenses, funds, or approval.
As a reminder, exemptions are a program alternative under 36 CFR 800.14(c) which may be proposed by a federal agency or by the ACHP. Exempted categories must be actions that would otherwise qualify as undertakings as defined in § 800.16 and the potential effects from the undertakings must be foreseeable and likely to be minimal or not adverse. Exempted categories must also be consistent with the purposes of the National Historic Preservation Act (NHPA).
The ACHP consulted with Federal Preservation Officers (FPOs), State Historic Preservation Officers (SHPOs), Tribal leaders, Native Hawaiian organizations (NHOs), Tribal Historic Preservation Officers (THPOs), and other consulting parties beginning in April of this year. Through consultation, staff revised and refined the exemption to more clearly define its scope, clarify the conditions under which it can be used, and include appropriate administrative provisions to provide oversight regarding the exemption’s use.
The full text of the exemption can be found on the ACHP’s website and is also attached to this email; it is available for use now. The website will also be updated with FAQs and additional examples shortly.