The Secretary of the Interior's Standards for Historic Preservation Projects

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]

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