Sec. 2826. Application of certain authorities and standards to historic military housing and associated historic properties of the Department of Defense

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Chapter 3061 of title 54, United States Code, is amended by adding at the end the following: 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.

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.

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. 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. The Secretary of the Navy and the Secretary of the Air Force, in satisfaction of requirements under this division, may apply the authority and standards contained in the documents titled Department of the Army Program Comment for the Preservation of Pre-1919 Historic Army Housing, Associated Buildings and Structures, and Landscape Features (published on June 13, 2024) (89 Fed. Reg. 50350), Department of the Army Program Comment for Inter-War Era Historic Housing, Associated Buildings and Structures, and Landscape Features (1919–1940) (published on October 13, 2020) (85 Fed. Reg. 64491), and Department of the Army 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 during the applicable periods. The Secretary of the Navy and the Secretary of the Air Force may apply the authority and standards contained in the document titled Department of the Army Program Comment for Inter-War Era Historic Housing, Associated Buildings and Structures, and Landscape Features (1919–1940) (published on October 13, 2020) (85 Fed. Reg. 64491) 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 Navy or the Secretary of the Air Force. During the period beginning on the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026 and ending on December 31, 2045, the Secretary of the Navy and the Secretary of the Air Force, in satisfaction of requirements under this division, may apply the authority and standards contained in the document titled Department of the Army 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 Navy or the Secretary of the Air Force. . Not later than one year after the date of the enactment of this Act, the Advisory Council on Historic Preservation shall revise the authorities and standards contained in the documents specified in section 306142(a) of title 54, United States Code, as added by subsection (a), if determined to be necessary, to provide the Secretary of the Navy and the Secretary of the Air Force authority and standards for the treatment of military housing under the jurisdiction of the Secretary concerned, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code, constructed during the applicable periods of such documents that are equivalent to the authority and standards applicable to housing, associated buildings and structures, and landscape features contained in such documents as of the date of the enactment of this Act. Not later than one year after the date of the enactment of this Act, the Advisory Council on Historic Preservation shall revise the authorities and standards contained in the document specified in section 306142(b) of title 54, United States Code, as added by subsection (a), if determined to be necessary, to include military housing, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code, 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 Navy or the Secretary of the Air Force. Not later than one year after the date of the enactment of this Act, the Advisory Council on Historic Preservation shall revise the authorities and standards contained in the document specified in section 306142(c) of title 54, United States Code, as added by subsection (a), if determined to be necessary, to provide the Secretary of the Navy and the Secretary of the Air Force authority and standards for the treatment of military housing under the jurisdiction of the Secretary concerned, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code, constructed after 1975 that are equivalent to the standards applicable to housing, associated buildings and structures, and landscape features contained in that document as of the date of the enactment of this Act. The Secretary of the Navy and the Secretary of the Air Force shall adhere to any reporting requirements contained in any program comments revised under subsection (b). Section 2839 of title 10, United States Code, is repealed.

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