83 FR 16923 - Programmatic Consideration of Historic Properties in Transfer of Property Rights of Vacant and Underutilized Buildings, Structures and Land

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 83, Issue 74 (April 17, 2018)

The Department of Veterans Affairs (VA) is reviewing its capital asset inventory and identifying vacant and underutilized buildings, structures and land. VA may consider sales, public benefit conveyances, demolition and deconstruction to reduce its unneeded real property. Additionally, VA may consider leases and exchanges to non- Federal entities for potential reuse of vacant and underutilized buildings and structures. This announcement pertains to an alternative process VA may utilize to comply with the requirements of the National Historic Preservation Act (NHPA). The Advisory Council on Historic Preservation (ACHP) is a Federal agency tasked with review of other Federal agencies' compliance with NHPA and the implementing regulations. VA intends to request ACHP to consider a Program Comment for the entire program of reduction of vacant and underutilized properties. ACHP may agree or decline to consider VA's Program Comment request. If ACHP does issue a Program Comment in lieu of case-by-case review, this alternative will conserve VA's time, budget and staff resources. It will enable VA to transfer real property rights of the vacant and underutilized properties more quickly while still giving consideration to historic properties as required by NHPA. This Notice of Availability announces and invites public involvement in the process of development of the Program Comment for consideration of historic properties that are vacant and underutilized buildings, structures and land that may be historic properties. Historic properties are those listed on the National Register of Historic Places or eligible for such listing.

[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16923-16924]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07958]


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DEPARTMENT OF VETERANS AFFAIRS


Programmatic Consideration of Historic Properties in Transfer of 
Property Rights of Vacant and Underutilized Buildings, Structures and 
Land

AGENCY: Department of Veterans Affairs.

ACTION: Notice of availability and request for comment.

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SUMMARY: The Department of Veterans Affairs (VA) is reviewing its 
capital asset inventory and identifying vacant and underutilized 
buildings, structures and land. VA may consider sales, public benefit 
conveyances, demolition and deconstruction to reduce its unneeded real 
property. Additionally, VA may consider leases and exchanges to non-
Federal entities for potential reuse of vacant and underutilized 
buildings and structures. This announcement pertains to an alternative 
process VA may utilize to comply with the requirements of the National 
Historic Preservation Act (NHPA).
    The Advisory Council on Historic Preservation (ACHP) is a Federal 
agency tasked with review of other Federal agencies' compliance with 
NHPA and the implementing regulations. VA intends to request ACHP to 
consider a Program Comment for the entire program of reduction of 
vacant and underutilized properties. ACHP may agree or decline to 
consider VA's Program Comment request. If ACHP does issue a Program 
Comment in lieu of case-by-case review, this alternative will conserve 
VA's time, budget and staff resources. It will enable VA to transfer 
real property rights of the vacant and underutilized properties more 
quickly while still giving consideration to historic properties as 
required by NHPA.
    This Notice of Availability announces and invites public 
involvement in the process of development of the Program Comment for 
consideration of historic properties that are vacant and underutilized 
buildings, structures and land that may be historic properties. 
Historic properties are those listed on the National Register of 
Historic Places or eligible for such listing.

DATES: Comments should be submitted within 30 days from when this 
announcement is published in the Federal Register.

ADDRESSES: Written comments may be submitted by email through http://www.regulations.gov. Comments should indicate that they are submitted 
in response to ``Notice of availability and request for comments--
Programmatic Consideration of Historic Properties in Transfer of 
Property Rights of Vacant and Underutilized Buildings, Structures and 
Land.'' During the comment period, comments may be viewed online 
through the Federal Docket Management System at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Douglas Pulak, Federal Preservation 
Officer (003C2), Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420.

SUPPLEMENTARY INFORMATION: Section 106 of the National Historic 
Preservation Act (54 U.S.C. 306108) requires Federal agencies to take 
into account the effects of their undertakings on historic properties 
and provide ACHP a reasonable opportunity to comment with regard to 
such undertakings. ACHP regulations, codified at 36 CFR part 800, set 
forth the process by which Federal agencies comply with NHPA 
requirements.
    Under Section 800.14(e), Federal agencies may request ACHP to 
provide a Program Comment on a particular program and category of 
undertakings in lieu of conducting individual reviews of each 
individual undertaking as set forth in 36 CFR Sections 800.4 through 
800.6. A Federal agency can meet its Section 106 responsibilities for a 
category of undertakings by taking into account ACHP's Program Comment 
and by following the steps set forth in those comments.
    To initiate this process, VA intends to request ACHP to consider a 
Program Comment for its program to reduce its real property inventory 
of vacant and underutilized properties at VA Medical Centers and 
National Cemeteries nationwide. VA intends the program comment to ACHP 
will encompass a variety of real estate actions such as leases 
(including both Enhanced-Use Leases under VA's authority at 38 U.S.C. 
8161-8169, and NHPA Section 111 leases authorized under 16 U.S.C. 470h-
3), exchanges, sales, transfers, deconstruction and demolition of 
buildings and structures. ACHP will decide whether to issue a Program 
Comment to VA or decline. If ACHP decides to issue the Program Comment, 
they will publish a draft in the Federal Register for public review and

[[Page 16924]]

comment. Following consideration of such comments by ACHP and VA, the 
final Program Comment will be published in the Federal Register.
    VA initiated the identification of historic properties in its 
capital asset inventory several decades ago. VA identified, in 
consultation with State Historic Preservation Offices, approximately 65 
percent of the medical centers as having some buildings and structures, 
or districts eligible or listed on the National Register of Historic 
Places. All of the National Veterans Cemeteries are listed on the 
National Register. The development of VA and its historic role in the 
care and treatment of veterans over time is significant in the history 
of the United States.
    The analysis of buildings and structures that are no longer needed 
or cannot be adapted for current use will aid VA in reducing its real 
property inventory. Many buildings and structures are not useful for 
VA's mission. In general, they tend to be warehouses, garages, sheds, 
animal research structures, and other utilitarian buildings. Most of 
these types of buildings and structures are not eligible or 
contributing to a historic district. VA intends to propose 
deconstruction or demolition of these properties without further 
consideration under the Program Comment.
    For buildings, structures and land that may serve other non-Federal 
entities purpose, VA may be able to out lease them. The leases would 
contain specific requirements for treatment of the character defining 
features of the historic property if the lessee is pursuing tax credits 
for rehabilitation of the historic property. For all other leases of 
historic properties, the reuse proposal would be evaluated with the 
lessee for potential retention of any character defining features such 
as windows, entry spaces, staircases and historic landscaping. If it is 
not possible to retain significant historic features of a building or 
structure, they will be documented prior to removal or alteration.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Jacquelyn 
Hayes-Byrd, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on April 11, 2018, for publication.

    Dated: April 11, 2018.
Jeffrey M. Martin,
Impact Analyst, Office of Regulation Policy & Management, Office of the 
Secretary, Department of Veterans Affairs.
[FR Doc. 2018-07958 Filed 4-16-18; 8:45 am]
 BILLING CODE 8320-01-P