ACRA has submitted comments to the ACHP about its revised proposed Section 106 exemption for federal agencies that install electric vehicle supply equipment (EVSE).
The ACHP first indicated last Spring that it intended to draft an exemption, saying that they believe that installation of EVSE is likely to result in minimal or no effects to historic properties when certain conditions are met.
In its initial June 4 comment letter, ACRA said that, while it does not oppose the exemption, the ACHP’s proposal raised a number of questions about how the exemption would address inadvertent discoveries; ensuring that relevant agencies base exemption decisions on the full panoply of cultural resource management disciplines, in addition to archaeology; and ensuring that federal agencies properly assess sites absent a formal Section 106 process.
On July 21, the ACHP published its revised draft exemption. In its comment letter on the revised draft, submitted to ACHP last week, ACRA states that it “acknowledges the Council’s efforts in its revised proposed exemption to address some of the issues raised by ACRA in its June 4, 2022, comments” and that, while “ACRA does not oppose the proposed exemption . . . it does remain concerned about some aspects of how the exemption will be implemented.”
ACRA goes on to “recommend that the Council commit to closely assessing and evaluating the use of the exemption on a regular basis to determine whether the exemption is meeting the purposes of Section 106. The Council’s active involvement in assessing situations where the exemption is utilized will be critical to ensuring it is not abused.”
Read the ACRA letter here.