Nationwide Programmatic Agreement Among the Department of Homeland Security, The National Conference of State Historic Preservation Officers, and the Advisory Council on Historic Preservation Regarding Department of Homeland Security Counter Unmanned Aircraft Systems Undertakings

On January 20, 2025, Executive Order (EO) 14165, Securing Our Borders, was issued, directing the Department to take all appropriate action to secure the Nation’s borders, including the use of technology. Also on January 20, the President issued Proclamation 9844, Declaring a National Emergency at the Southern Border of the United States.  Section 3 of this Proclamation references the Department’s use of C-UAS for border security operations. C-UAS have become an important tool for DHS and Component personnel at federal facilities, special security events, and during law enforcement missions. In alignment with Administration policy, DHS will continue to evaluate and expand use of C-UAS technologies, anticipating increased use at a nationwide scale.

DHS has determined certain C-UAS actions are undertakings (36 CFR 16(y)) subject to Section 106 of the National Historic Preservation Act (NHPA). As DHS works to implement these projects effectively and in a timely manner, a strategic approach is necessary for environmental and cultural resource compliance. As C-UAS undertakings include a wide variety of projects and priorities, DHS needs to support Administration priorities while complying with Section 106 of the NHPA in an efficient, unified, and consistent manner. We are proposing the development of a Nationwide Programmatic Agreement (NPA) which will provide alternative, streamlined Section 106 compliance pursuant to 36 CFR 800.14, for all C-UAS undertakings.

We have drafted a proposed NPA in coordination with the Advisory Council on Historic Preservation and National Conference of State Historic Preservation Officers. DHS has also initiated Tribal consultation with Federally recognized Tribes. Additionally, we have had discussions 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 and supplemental information on our website and soliciting comments from the public for 45 days. We are also holding consultation meetings with Federally Recognized Tribes and listening sessions for State Historic Preservation Officers during this review time.  

The public is invited to provide comments on the draft NPA by June 20, 2025, via email at eed-ep@hq.dhs.gov.