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Title 54 — National Park Service and Related ProgramsRelease 119-73

§306141 Application of certain authorities and standards to historic military housing and associated historic properties of the Department of the Army

Title 54 › Subtitle Subtitle III— - National Preservation Programs › Chapter CHAPTER 3061— - PROGRAM RESPONSIBILITIES AND AUTHORITIES › Subchapter SUBCHAPTER IV— - APPLICATION OF AUTHORITIES AND STANDARDS TO HISTORIC MILITARY HOUSING AND ASSOCIATED PROPERTIES › § 306141

Last updated Apr 6, 2026|Official source

Summary

The Army Secretary may use two Program Comments to meet historic-preservation rules for Army housing on Army bases, including privatized housing under subchapter IV of chapter 169 of title 10. The 2002 Program Comment for Capehart and Wherry era housing (published June 7, 2002) can apply to housing built January 1, 1941 through December 31, 1948. The 2023 Program Comment for Vietnam War era housing (published May 4, 2023) can apply to housing built after 1975, but only from the day the Military Construction Act for Fiscal Year 2025 (division B of Public Law 118–159) was enacted until December 31, 2045. As part of its report under Executive Order 13287, the Army Secretary must tell the Advisory Council on Historic Preservation how these Program Comments were used. The law does not force or stop the Army Secretary or the Advisory Council chair from changing the Army Office documents tied to those Program Comments.

Full Legal Text

Title 54, §306141

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)The Secretary of the Army, in satisfaction of requirements under this division, may apply the authority and standards contained in the document titled “Program Comment for Capehart and Wherry Era Army Family Housing and Associated Structures and Landscape Features (1949–1962)” (published on June 7, 2002) (67 Fed. Reg. 39332) to all military housing (including privatized military housing under subchapter IV of chapter 169 of title 10) constructed during the period beginning on January 1, 1941, and ending on December 31, 1948, located on a military installation under the jurisdiction of the Secretary of the Army.
(b)During the period beginning on the date of the enactment of the Military Construction Act for Fiscal Year 2025 (division B of Public Law 118–159) and ending on December 31, 2045, the Secretary of the Army, in satisfaction of requirements under this division, may apply the authority and standards contained in the document titled “Program 11 So in original. Probably should be preceded by “Notice of Issuance of the Department of the Army”. Comment for Vietnam War Era Historic Housing, Associated Buildings and Structures, and Landscape Features (1963–1975)” (published on May 4, 2023) (88 Fed. Reg. 28573) to all military housing (including privatized military housing under subchapter IV of chapter 169 of title 10) constructed after 1975 located on a military installation under the jurisdiction of the Secretary of the Army.
(c)As part of each report of the Army required under section 3(c) of Executive Order 13287 (54 U.S.C. 306101 note), the Secretary of the Army shall submit to the Advisory Council on Historic Preservation a report on the implementation of this section.
(d)Nothing in this section may be construed to preclude or require the amendment of the documents of the Office of the Assistant Secretary of the Army for Installations, Energy and Environment described in subsection 22 So in original. Probably should be “subsections”. (a) and (b) by the Secretary of the Army or the chair of the Advisory Council on Historic Preservation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the Military

Construction

Act for Fiscal Year 2025, referred to in subsec. (b), probably means the date of enactment of div. B of Pub. L. 118–159, known as the Military

Construction

Authorization Act for Fiscal Year 2025, which was approved Dec. 23, 2024. Executive Order 13287, referred to in subsec. (c), is Ex. Ord. No. 13287, Mar. 3, 2003, 68 F.R. 10635, set out as a note under section 306101 of this title.

Reference

Citations & Metadata

Citation

54 U.S.C. § 306141

Title 54 — National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73