Title 54, National Park Service and Related ProgramsRelease 119-110

§306141 Application of Certain Authorities and Standards to Historic Military Housing and Associated Historic Properties of the Department of the Army

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

Last updated Sep 23, 2026|Official source

Summary

The Secretary of the Army may use two existing program guidance documents to handle historic Army housing on Army bases. First, the Army may use the standards from the 2002 Capehart and Wherry-era guidance (published June 7, 2002) for housing built from January 1, 1941, through December 31, 1948, including privatized housing under subchapter IV of chapter 169 of title 10. Second, from the date the Military Construction Act for Fiscal Year 2025 became law until December 31, 2045, the Army may use the 2023 Vietnam War-era guidance (published May 4, 2023) for housing built after 1975, including privatized housing. Each time the Army files the report required under section 3(c) of Executive Order 13287, it must also send the Advisory Council on Historic Preservation a report on how these rules are being used. Nothing here forces or stops the Army or the Advisory Council chair from changing those Office documents.

Full Legal Text

Title 54, §306141

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

(a)Application of Certain Authority to Capehart and Wherry Era Army Military Family Housing.—
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)Temporary Application of Certain Authority to Vietnam War Era Army Military Housing.—
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 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)Report.—
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)Rule of Construction.—
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 (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

Sep 23, 2026

Release point: 119-110