DRAFT DHS Section 106 Nationwide Programmatic Agreement for Climate Resilience and Sustainability Undertakings on DHS-Owned Assets

The Department of Homeland Security (DHS or Department) is the third-largest agency in the Executive Branch and is comprised of 15 operational and support sub-agencies, or Components, each with a vital mission to secure the nation from the many threats it faces. As the Department responds to the growing risks on operations from sea level rise, extreme weather events, floods, higher ambient temperatures, utility disruptions, and other impacts arising from global climate change, we have established ambitious goals to decrease greenhouse gas emissions, expand our inventory of sustainable buildings, increase energy efficiency, and conserve water at DHS-owned federal facilities.

The majority of DHS Components have a limited real property portfolio as business is conducted from property leased from, or managed by, other federal entities such as the General Services Administration (GSA). Departmental real property assets are very diverse, consisting of a variety of use types including administrative, warehouse, family housing, operation and detention centers, laboratories, shore facilities, training campuses, and include structures such as navigational aids and communication towers and land. The DHS-owned real property portfolio currently consists of approximately 8,000 buildings, 37,000 structures, and 68,000 acres of land across the nation and U.S. territories.

DHS Components were recently surveyed in 2022 on proposed sustainable building projects in addition to annual reporting for capital improvement. An estimated 200 sustainable building projects were being proposed from Fiscal Years (FY) 2022-2025 at a cost of $2 billion. These projects would result in an estimated annual energy savings of 142.5 million British Thermal Units, or a savings of 17.1 billion pounds of carbon dioxide, and a savings of 8.3 million gallons of water. Additionally, DHS received $500 million in the Inflation Reduction Act of 2022 for sustainability and environmental programs. From FY 2023-2028, DHS will fund hundreds of projects across the country and U.S. territories to increase sustainable buildings, reduce square footage, enhance resilience, utilize renewable energy, conduct environmental compliance and remediation, and benefit environmental justice communities. These actions are necessary to ensure the continued execution of the DHS mission under changing climatic conditions and risks.

DHS has established a framework and tools to support strategic prioritization and execution of needed sustainability and resilience actions and we anticipate a continued increase in these projects over the next decade and beyond. As we work to implement these projects effectively and in a timely manner, a streamlined approach is necessary for environmental and cultural resource stewardship and compliance. We are proposing the development of a Program Alternative to Section 106 of the National Historic Preservation Act pursuant to 36 C.F.R. 800.14, for maintenance, repair, and upgrades to enhance DHS-owned federal facility climate resiliency and sustainability.

We have drafted a proposed NPA in coordination with the Advisory Council on Historic Preservation and National Conference of State Historic Preservation Officers. Additionally, we have had discussions over the last year with the National Association of Tribal Historic Preservation Officers and the National Trust for Historic Preservation to understand concerns and garner input on our draft NPA.

DHS is concurrently posting the draft NPA on our website and soliciting comments from the public for 45 days. We are also holding informational and listening sessions for Federally Recognized Tribes and State Historic Preservation Officers during this review time.

The public is invited to provide comments on the draft NPA by December 1, 2023, via email at sep-ephp@hq.dhs.gov.