[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Proposed Rules]
[Pages 3599-3601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1043]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 68
RIN 1024-AC24
The Secretary of the Interior's Standards for Historic
Preservation Projects
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) proposes to revise 36 CFR part
68, The Secretary of the Interior's Standards for Historic Preservation
Projects. Published in 1978, the standards apply to all proposed grant-
in-aid projects assisted through the National Historic Preservation
Fund, focusing primarily on development projects involving buildings.
Seven approaches to project work are defined in that document:
Acquisition, protection, stabilization, preservation, rehabilitation,
restoration, and reconstruction. Those standards are organized with
general standards that apply to all historic preservation grant-in-aid
projects, and specific standards that apply to specific grant-in aid
projects, as appropriate. This proposed revision reduces the work
approaches from seven to four: preservation, rehabilitation,
restoration, and reconstruction. The total number of standards is
subsequently reduced from 77 to 34; the acquisition section is deleted;
and protection and stabilization are consolidated under preservation.
In addition, the citation referencing the Tax Reform Act of 1976 is
deleted.
The revised Standards apply to all properties defined in the
National Register of Historic Places: buildings, structures, sites,
landscapes, objects, and districts. The goal of revision is to reduce
the part in length, sharpen it in format and language and, in
consequence, make it easier to understand and apply. Because of their
broader application to all cultural property types, the revised
standards are titled, ``The Secretary of the Interior's Standards for
the Treatment of Historic Properties''. However, the philosophy of the
revised standards remains unchanged and is consistent with existing
historic preservation authorities.
DATES: Written comments will be accepted through March 20, 1995.
ADDRESSES: Comments should be addressed to: Chief, Preservation
Assistance Division, P.O. Box 37127, Washington, DC 20013-7127.
FOR FURTHER INFORMATION CONTACT: Kay Weeks, (202) 343-9593.
SUPPLEMENTARY INFORMATION:
Background
The Secretary of the Interior's Standards for Historic Preservation
Projects were codified December 7, 1978, at 36 CFR part 1207 (43 FR
57250), and redesignated at 36 CFR part 68 on July 1, 1981 (46 FR
34329). These Standards are applied to all proposed grant-in-aid
projects assisted through the National Historic Preservation Fund
(HPF). They have focused primarily on acquisition and development
projects for buildings listed in the National Register of Historic
Places.
The NPS is proposing to revise 36 CFR part 68, The Secretary of the
Interior's Standards for Historic Preservation Projects, and replace it
with broader standards to include all cultural property types. The
proposed revision changes the title of the part to ``The Secretary of
the Interior's Standards for the Treatment of Historic Properties''.
Revisions to the existing Standards began in 1990 in conjunction with
the National Conference of State Historic Preservation Officers,
National Trust for Historic Preservation, and a number of other outside
organizations. Standards have been evolving over time, with the
majority of the concepts proposed here having been practiced
successfully in field application. These practices are now being
proposed as revisions to codified standards and are, in several ways,
broader in approach and, most important, easier to use.
First, they may be applied to all historic resource types,
including buildings, sites, landscapes, structures, objects, and
districts.
Second, they eliminate the general and specific standards format,
which tended to create a lengthy rule that was also confusing. In the
existing rule, eight general standards apply to every project, even
though the goals of work differ dramatically. In addition, specific
standards apply to specific types of projects, thus acknowledging the
differences in work approaches, but resulting in a total of 77
standards. The revised standards remedy organizational problems that
had existed in the earlier standards and create a clearer document for
the user. For example, the definitions of the different treatments are
expanded to assist selection of the most appropriate one; Sec. 68.4(a)
relating to acquisition has been deleted because it is not a treatment;
and protection and stabilization are consolidated under a single
preservation treatment rather than being cited separately. As a result,
the total number of treatments has been reduced from seven to four.
[[Page 3600]]
Third, the total number of standards has been reduced from 77 to
34, and the distinctions between the four treatments have been
clarified in the standards themselves. Preservation focuses on the
maintenance and repair of existing historic materials and retention of
a property's form as it has evolved over time. Rehabilitation
acknowledges the need to alter or add to a historic property to meet
continuing or changing uses while retaining the property's historic
character. Restoration is undertaken to depict a property at a
particular period of time in its history, while removing evidence of
other periods. Reconstruction recreates vanished or non-surviving
portions of a property, generally for interpretive purposes.
In summary, the simplification and sharpened focus of these revised
sets of treatment Standards is intended to assist users in making sound
historic preservation decisions. It should be noted that a slightly
modified version of the Standards for Rehabilitation was codified in 36
CFR part 67, and focuses on ``certified historic structures'' as
defined by the IRS Code of 1986. These regulations are used in the
Preservation Tax Incentives Program. Part 67 of 36 CFR should continue
to be used when property owners are seeking certification for Federal
tax benefits.
Public Participation
The policy of the National Park Service is, whenever practicable,
to afford the public an opportunity to participate in the rulemaking
process. Accordingly, interested persons may submit written comments
regarding this proposed rule to the address noted at the beginning of
this rulemaking.
Drafting Information
The primary authors of this proposed rule are Kay D. Weeks,
Technical Writer-Editor, Preservation Assistance Division, and H. Ward
Jandl, Deputy Chief, Preservation Assistance Division.
Paperwork Reduction Act
This rulemaking does not contain information collection
requirements that require approval by the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
Compliance With Other Laws
The NPS has determined that this proposed rulemaking will not have
a significant effect on the quality of the human environment, health
and safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce noncompatible uses which might compromise the nature
and characteristics of the area, or cause physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, this proposed rulemaking is
categorically excluded from the procedural requirements of the National
Environmental Policy Act (NEPA) by Departmental guidelines in 516 DM 6,
(49 FR 21438). As such, neither an Environmental Assessment nor an
Environmental Impact Statement has been prepared.
This rule was not subject to Office of Management and Budget (OMB)
review under Executive Order 12866.
List of Subjects in 36 CFR Part 68
Historic preservation.
In consideration of the foregoing, 36 CFR part 68 is proposed to be
revised to read as follows:
PART 68--THE SECRETARY OF THE INTERIOR'S STANDARDS FOR THE
TREATMENT OF HISTORIC PROPERTIES
Sec.
68.1 Intent.
68.2 Definitions.
68.3 Standards.
Authority: The National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470 et seq.); EO 11593, 3 CFR 75 (1971); sec. 2
of Reorganization Plan No. 3 of 1950 (64 Stat. 1262).
Sec. 68.1 Intent.
The intent of this part is to set forth standards for the treatment
of historic properties containing standards for preservation,
rehabilitation, restoration, and reconstruction. These standards apply
to all proposed grant-in-aid development projects assisted through the
National Historic Preservation Fund.
Sec. 68.2 Definitions.
The standards for the treatment of historic properties will be used
by the National Park Service and State historic preservation officers
and their staff members in planning, undertaking, and supervising
grant-assisted projects for preservation, rehabilitation, restoration,
and reconstruction. For the purposes of this part:
(a) Preservation means the act or process of applying measures
necessary to sustain the existing form, integrity, and materials of an
historic property. Work, including preliminary measures to protect and
stabilize the property, generally focuses upon the ongoing maintenance
and repair of historic materials and features rather than extensive
replacement and new construction. New exterior additions are not within
the scope of this treatment; however, the limited and sensitive
upgrading of mechanical, electrical, and plumbing systems and other
code-required work to make properties functional is appropriate within
a preservation project.
(b) Rehabilitation means the act or process of making possible an
efficient compatible use for a property through repair, alterations,
and additions while preserving those portions or features which convey
its historical, cultural, or architectural values.
(c) Restoration means the act or process of accurately depicting
the form, features, and character of a property as it appeared at a
particular period of time by means of the removal of features from
other periods in its history and reconstruction of missing features
from the restoration period. The limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a restoration
project.
(d) Reconstruction means the act or process of depicting, by means
of new construction, the form, features, and detailing of a non-
surviving site, landscape, building, structure, or object for the
purpose of replicating its appearance at a specific period of time and
in its historic location.
Sec. 68.3 Standards.
One set of standards--preservation, rehabilitation, restoration, or
reconstruction--will apply to a property undergoing treatment,
depending upon the property's significance, existing physical
condition, the extent of documentation available, and interpretive
goals, when applicable. The Standards will be applied taking into
consideration the economic and technical feasibility of each project.
(a) Preservation. (1) A property will be used as it was
historically, or be given a new use that maximizes the retention of
distinctive materials, features, spaces, and spatial relationships.
Where a treatment and use have not been identified, a property will be
protected and, if necessary, stabilized until additional work may be
undertaken.
(2) The historic character of a property will be retained and
preserved. The replacement of intact or repairable historic materials
or alteration of features, spaces, and spatial
[[Page 3601]] relationships that characterize a property will be
avoided.
(3) Each property will be recognized as a physical record of its
time, place, and use. Work needed to stabilize, consolidate, and
conserve existing historic materials and features will be physically
and visually compatible, identifiable upon close inspection, and
properly documented for future research.
(4) Changes to a property that have acquired historic significance
in their own right will be retained and preserved.
(5) Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a property
will be preserved.
(6) The existing condition of historic features will be evaluated
to determine the appropriate level of intervention needed. Where the
severity of deterioration requires repair or limited replacement of a
distinctive feature, the new material will match the old in
composition, design, color, and texture.
(7) Chemical or physical treatments, if appropriate, will be
undertaken using the gentlest means possible. Treatments that cause
damage to historic materials will not be used.
(8) Archeological resources shall be protected and preserved in
place. If such resources must be disturbed, mitigation measures shall
be undertaken.
(b) Rehabilitation. (1) A property will be used as it was
historically or be given a new use that requires minimal change to its
distinctive materials, features, spaces, and spatial relationships.
(2) The historic character of a property will be retained and
preserved. The removal of distinctive materials or alteration of
features, spaces, and spatial relationships that characterize a
property will be avoided.
(3) Each property shall be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from other
historic properties, shall not be undertaken.
(4) Changes to a property that have acquired historic significance
in their own right shall be retained and preserved.
(5) Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a property
shall be preserved.
(6) Deteriorated historic features will be repaired rather than
replaced. Where the severity of deterioration requires replacement of a
distinctive feature, the new feature will match the old in design,
color, texture, and, where possible, materials. Replacement of missing
features will be substantiated by documentary and physical evidence.
(7) Chemical or physical treatments, if appropriate, will be
undertaken using the gentlest means possible. Treatments that cause
damage to historic materials will not be used.
(8) Archeological resources shall be protected and preserved in
place. If such resources must be disturbed, mitigation measures will be
undertaken.
(9) New additions, exterior alterations, or related new
construction will not destroy historic materials, features, and spatial
relationships that characterize the property. The new work will be
differentiated from the old and will be compatible with the historic
materials, features, size, scale and proportion, and massing to protect
the integrity of the property and its environment.
(10) New additions and adjacent or related new construction will be
undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired.
(c) Restoration. (1) A property will be used as it was historically
or be given a new use that interprets the property and its restoration
period.
(2) Materials and features from the restoration period will be
retained and preserved. The removal of materials or alteration of
features, spaces, and spatial relationships that characterize the
period will be not be undertaken.
(3) Each property will be recognized as a physical record of its
time, place, and use. Work needed to stabilize, consolidate and
conserve materials and features from the restoration period will be
physically and visually compatible, identifiable upon close inspection,
and properly documented for future research.
(4) Materials, features, spaces, and finishes that characterize
other historical periods will be documented prior to their alteration
or removal.
(5) Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize the
restoration period will be preserved.
(6) Deteriorated features from the restoration period will be
repaired rather than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new feature will
match the old in design, color, texture, and, where possible,
materials.
(7) Replacement of missing features from the restoration period
will be substantiated by documentary and physical evidence. A false
sense of history will not be created by adding conjectural features,
features from other properties, or by combining features that never
existed together historically.
(8) Chemical or physical treatments, if appropriate, will be
undertaken using the gentlest means possible. Treatments that cause
damage to historic materials will not be used.
(9) Archeological resources affected by a project will be protected
and preserved in place. If such resources must be disturbed, mitigation
measures will be undertaken.
(10) Designs that were never executed historically will not be
constructed.
(d) Reconstruction. (1) Reconstruction will be used to depict
vanished or non-surviving portions of a property when documentary and
physical evidence is available to permit accurate reconstruction with
minimal conjecture, and such reconstruction is essential to the public
understanding of the property.
(2) Reconstruction of a landscape, building, structure, or object
in its historic location will be preceded by a thorough archeological
investigation to identify and evaluate those features and artifacts
that are essential to an accurate reconstruction. If such resources
must be disturbed, mitigation measures will be undertaken.
(3) Reconstruction will include measures to preserve any remaining
historic materials, features, and spatial relationships.
(4) Reconstruction will be based on the accurate duplication of
historic features and elements substantiated by documentary or physical
evidence rather than on conjectural designs or the availability of
different features from other historic properties. A reconstructed
property will re-create the appearance of the non-surviving historic
property in materials, design, color, and texture.
(5) A reconstruction will be clearly identified as a contemporary
re-creation.
(6) Designs that were never executed historically will not be
constructed.
Dated: November 9, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-1043 Filed 1-17-95; 8:45 am]
BILLING CODE 4310-70-P