[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35842-35844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16953]
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DEPARTMENT OF THE INTERIOR
36 CFR Part 68
RIN 1024-AC24
The Secretary of the Interior's Standards for the Treatment of
Historic Properties
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) published proposed revisions
to 36 CFR part 68, The Secretary of the Interior's Standards for
Historic Preservation Projects, on January 18, 1995 (60 FR 3599). The
standards apply to all proposed grant-in-aid projects assisted through
the National Historic Preservation Fund, focusing primarily on
development projects involving buildings. The public was invited to
comment for 60 days, with a closing date of March 20, 1995. No comments
were received. A more thorough discussion of the revisions can be found
in the proposed rule (60 FR 3599).
EFFECTIVE DATE: August 11, 1995.
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 focus primarily on acquisition and development projects for
buildings listed in the National Register of Historic Places.
The NPS is revising 36 CFR part 68, The Secretary of the Interior's
Standards for Historic Preservation Projects, and replacing it with a
broader set of standards to include all cultural property types. The
revisions will change the title of 36 CFR part 68 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 and
meetings with the 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, the revised standards may be applied to all historic
resource types, including buildings, sites, landscapes, structures,
objects and districts.
Second, they will 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,
eventhough 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 will be reduced from seven to
four.
Third, the total number of standards will be 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 will assist users in making sound historic
preservation decisions. It should be noted that a
[[Page 35843]]
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. Those regulations are
used in the Preservation Tax Incentives Program. 36 CFR part 67 should
continue to be used when property owners are seeking certification for
Federal tax benefits.
Drafting Information
The primary authors of the final 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
This rule was not subject to review under Executive Order 12866.
The Department of the Interior has determined that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The NPS has determined that this rule 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 incompatible uses that may 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 final rule 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.
List of Subjects in 36 CFR Part 68
Historic Preservation
In consideration of the foregoing, 36 CFR part 68 is 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.); sec. 2124 of the Tax Reform Act of
1976, 90 Stat. 1918; EO 11593, 3 CFR part 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. 36 CFR part 67 focuses on
``certified historic structures'' as defined by the IRS Code of 1986.
Those regulations are used in the Preservation Tax Incentives Program.
36 CFR part 67 should continue to be used when property owners are
seeking certification for Federal tax benefits.
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 that 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 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.
[[Page 35844]]
(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 will be protected and preserved in
place. If such resources must be disturbed, mitigation measures will 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 will 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, will not be undertaken.
(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) 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 will 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 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: June 9, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-16953 Filed 7-11-95; 8:45 am]
BILLING CODE 4310-70-P
