CaseStudy:Prototype Programmatic Agreement for the Department of Energy's Weatherization Programs

Development
Anticipating the dramatic increase of projects receiving funds as a result of the American Recovery and Reinvestment Act (ARRA), the Department of Energy (DOE) and the ACHP worked to address this need in August 2009. The agencies’ goals were to provide predictable, consistent, and clear advice and guidance while ensuring the timeliness of Section 106 reviews.

Within DOE, the Office of Weatherization and Intergovernmental Programs (OWIP) has three programs which received a marked increase in funds through ARRA. These programs are the State Energy Program, the Weatherization Assistance Program, and the Energy Efficiency and Conservation Block Grants. Each of these programs is different, with its own criteria for participation and different types of projects to be funded. It was essential to identify a strategy to ensure DOE’s compliance with Section 106 for a projected large volume of projects, while recognizing concerns of timing and clarification of review protocols.

Following a series of successful teleconferences with State Historic Preservation Officers (SHPOs) and Tribal Historic Preservation Officers in December 2009, the ACHP and DOE identified a prototype Programmatic Agreement (PA) as the most appropriate program alternative under the ACHP’s regulations to address DOE’s needs. The prototype PA achieves the goal of establishing a framework for reviews that have broad applicability across the nation, while allowing for subsequent state level agreements that can be modified to suit the specific needs of a state’s overall agenda for energy retrofitting and weatherization of residential, commercial, and public buildings. During the development of the prototype PA, it was critical that historic preservation also be given proper weight since numerous historic residences and buildings are likely to be affected. Accordingly, the National Conference of State Historic Preservation Officers provided input in the drafting of the prototype PA, and several SHPOs provided comments on the draft that were incorporated in the final document. The final prototype PA was distributed for use by DOE, SHPOs, and state agencies on February 8, 2010.

The prototype PA establishes efficiencies in the administration of the OWIP program by:
 * providing a template PA that can be executed to evidence that DOE and the state grant recipient have complied with Section 106;
 * exempting routine activities with limited potential to affect historic properties from Section 106 review;
 * allowing the use of executed interagency agreements between the SHPO and the state agencies for Section 106 compliance when DOE approves the historic preservation review protocols (state agreements were to be finalized and signed by February 19, 2010);
 * allowing DOE, SHPO, and state agencies to execute subsequent agreements without ACHP involvement;
 * requiring DOE to consult with Indian tribes or Native Hawaiian organizations to develop consultation procedures for projects that may affect historic properties of religious and cultural significance to those parties.

As of the beginning of August 2010, DOE has executed 26 PAs for the OWIP programs, with approximately 18 additional PAs pending final approval and execution. The ACHP and DOE will continue to work with SHPOs and state agencies to demonstrate the positive merits of the prototype PA, and encourage the use of the prototype PA for OWIP reviews, with the goal of having PAs executed in two-thirds of the states by the end of FY 2010.