20496 Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices

DEPARTMENT OF THE INTERIOR

National Park Service

The Secretary of the Interior’s

Standards and Guidelines for Federal

Agency Historic Preservation

Programs Pursuant to the National

Historic Preservation Act

AGENCY: National Park Service, Interior.

ACTION: Final.

SUMMARY: The National Park Service is

publishing for effect revisions to the

Secretary of the Interior’s Standards and

Guidelines for Federal Agency Historic

Preservation Programs Pursuant to

Section 110 of the National Historic

Preservation Act of 1966, as amended

(16 U.S.C. 470h–2).Q02

EFFECTIVE DATE: April 24, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

David M. Banks, Heritage Preservation

Services, NC330, National Center for

Cultural Resource Stewardship and

Partnerships Programs, National Park

Service, 1849 C Street, NW,

Washington, DC 20240. Telephone:

202–343–9518. Facsimile: 202–343–

3921. E-mail: davidlbanks@nps.gov.

SUPPLEMENTARY INFORMATION:

Background

Section 110 of the National Historic

Preservation Act of 1966, as amended

(16 U.S.C. 470h–2) establishes Federal

agency responsibilities for the

preservation of historic properties.

Section 101(g) of the Act (16 U.S.C.

470a) directs the Secretary of the

Interior to promulgate guidelines for

Federal agency responsibilities under

that part.

The proposal published here is a

revision of guidelines originally

published in the Federal Register on

February 17, 1988 (53 FR 4727–46). The

revision takes account of the 1992

amendments to the National Historic

Preservation Act of 1966, as amended

(title XL of Pub. L. 102–575).

These guidelines have no regulatory

effect. Instead, they are the Secretary’s

formal guidance to each Federal agency

on meeting the requirements of section

110 of the Act.

Preparation of the Final Standards and

Guidelines

Public comment was invited for a 60-

day period, ending on August 18, 1997

(62 FR 33105–15). Copies of the notice

were sent to all Federal Preservation

Officers, all State Historic Preservation

Officers, and all Tribal Preservation

Officers recognized pursuant to section

101(d) of the NHPA.

Twenty-three written comments were

received representing 20 different

organizations. That included nine

federal agencies, four SHPOs, one

Alaska Native association, one state

transportation department, two national

associations, two mining companies and

four offices within NPS. Comments

addressed all of the proposed standards

and almost all of the guidelines for

implementing those standards. All

comments were fully considered in

revising the proposal for publication in

final form.

In general, the comments were

favorable. Most comments were

editorial in nature, i. e., they requested

technical clarifications, or suggested

improvements in format, wording and

syntax. In the interest of brevity, these

comments are not discussed further

here. The following response to public

comments focuses first on those

substantive comments that were general

in nature, and then on those comments

that addressed particular standards and

guidelines.

Response to Public Comment

General Comments

First, several commenters asked that

the statement, ‘‘these guidelines have no

regulatory effect’’ be made more

prominent. We agree and have added

the statement just before the listing of

the standards, themselves. In a related

comment, one person suggested that use

of the word ‘‘standards’’ rather than just

guidelines implies some level of

regulatory enforcement. We disagree.

The Secretary has over the years

established and published a wide

variety of standards and guidelines for

historic preservation activity. None of

these standards has regulatory effect,

unless they are incorporated in a

separate regulation that applies them as

enforceable standards. These standards

and guidelines for federal agency

programs are no different.

Second, one commenter suggested

that, because so many federal agency

historic preservation activities are

subject to review as undertakings

pursuant to section 106 of the NHPA,

these standards and guidelines should

refer more often and more prominently

to section 106 and to the section 106

review process set out in 36 CFR part

800. While we agree that the section 106

process is a focal point for federal

agency undertakings, we believe that

these standards and guidelines already

make sufficient reference to the section

106 process. Additional references to

the section 106 process would tend to

obscure the larger message that federal

agencies have affirmative

responsibilities under section 110 that

go beyond the responsibility for

compliance with section 106. In

addition, these standards and guidelines

make clear that they are in addition to,

not instead of, other guidance and

requirements, such as section 106.

Third, one commenter expressed

concern that these standards and

guidelines do not include specific

benchmarks for documentation of

historic properties. In response, we note

that such standards and guidelines

already exist as a part of the Secretary

of the Interior’s Standards and

Guidelines Architectural and

Engineering Documentation (48 FR

44730–34). Consequently, they do not

need to be restated here.

Comments on Specific Standards

Standard 1

First, two commenters suggested that

the parameters of ‘‘consultation’’ with

the Secretary be defined under

guideline (d). We agree on the need for

additional guidance on the requirement

in section 110(a)(2) that each federal

agency shall establish a preservation

program ‘‘in consultation with the

Secretary.’’ NPS is currently working

with an interagency task force of federal

agency preservation officers to develop

this guidance, and will publish it for

comment upon completion of the task

force’s work.

Second, three commenters suggested

that the cost of historic preservation

work can become an undue burden, so

that guidelines (e) and (i) should define

more specifically what ‘‘reasonable

preservation costs’’ are. We disagree.

Whether something is or is not an

undue burden will always be in the eye

of the beholder. It is also inappropriate

and impractical to try to create some

dollar-based formula that would

inevitably be an arbitrary measure. Each

federal agency must determine what is

reasonable on a case-by-case basis,

taking into account the agency’s

programmatic needs, the alternatives

that are available for meeting those

needs, the significance of any affected

historic resources and the nature of the

work needed to protect or minimize

harm to them, the nature of the

undertaking, and the budgetary

resources that are available for the

project.

Third, one commenter noted that the

NHPA requires only that federal

agencies ‘‘consider’’ preservation of

historic properties, so that these

standards and guidelines should

explicitly state that agencies may in

some cases decide to neglect or destroy

a historic property. We believe that the

meaning of ‘‘consideration’’ is fully

addressed in Standard 4 and its
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guidelines, and that the full range of

options available to federal agencies is

addressed in Standard 7 and its

guidelines. Consequently, no additional

guidance in necessary in Standard 1.

Standard 2

Four comments addressed guideline

(g) and asked for more clarification of

and/or limitations on the need to

resurvey an area that was surveyed at

some point in the past. Specific

suggestions included establishing a

minimum time period that must have

elapsed before resurvey is necessary,

and establishing limits on the costs of

resurvey that can be passed on to

private parties. We agree with those

comments that pointed out the need for

clarification and have added

appropriate language to the guideline.

However, we disagree with the

suggestions for a standard time period

and for a limit on the costs to private

parties. Agencies must make these latter

decisions based on the facts of each

case, rather than on an arbitrary formula

that may or may not be relevant to the

case at hand.

One commenter expressed concern

that the inclusion in guideline (e) of the

phrase ‘‘alter the social, cultural, or

economic character of a community’’

exceeds the intent of the National

Historic Preservation Act. We believe

the phrase is appropriate. The phrase is

among a list of examples of actions that

can affect historic properties. Where

those actions do affect historic

properties, they are properly within the

scope of the Act. If, on the other hand,

an action alters the character of a

community in a way that does not affect

historic properties, the action falls

outside the purview of the Act.

One commenter asked whether the

requirement in guideline (b) for the

identification and evaluation of historic

properties by professionally qualified

individuals means that the

identification and evaluation process

must be carried out to the exclusion of

‘‘generalist’’ staff members who

nevertheless have some management

responsibility for agency properties.

While we do not believe that additional

language is necessary for the guideline,

we affirm here that the guideline applies

only to the technical process of

determining whether and why a

property appears to meet the National

Register’s eligibility criteria. Such a

technical finding should be made by

someone with appropriate professional

qualifications, but the agency’s property

management decisions both before and

after such a finding are the province of

the ‘‘generalists’’ who exercise that

decision-making authority for the

agency.

One commenter suggested two

additional guidelines for this standard.

One guideline would call on agencies to

establish plans and schedules for the

identification and evaluation of

properties under their control. We agree

that, where it is feasible for an agency

to establish such specific objectives, it

should do so in order to measure its

own progress. However, the ability to

conduct survey and evaluation work

independent of specific project needs

varies so greatly from agency to agency

and from year to year that establishing

a schedule would often be a

meaningless exercise. Section 110

makes no such requirement, so we must

leave it to each agency to determine

whether such a schedule would be

meaningful and helpful.

The second suggested additional

guideline addressed the disposition of

archeological collections recovered

during agency activities pursuant to

section 110. Omission of this guidance

was an oversight. However, we have

added the appropriate language to

Standard 6, guideline (c), rather than to

Standard 2.

Standard 3

Several commenters offered

essentially editorial suggestions that

were aimed at emphasizing the

importance of nominating properties to

the National Register. We agree that the

language of section 110 anticipates that

nomination of properties to the Register

will be an ongoing function of agency

preservation programs. We have

incorporated the suggested changes as

appropriate.

One commenter suggested that

placing National Register nominations

as the third standard could create the

misimpression that only those

properties that are already registered are

subject to the guidance in the standards

that follow. The commenter proposed

making this standard the last one on the

list. We disagree. While one can

devise—and, indeed, we did consider—

various sequences for the presentation

of these standards, we believe that the

order presented here offers a logical

cadence. It is true that registration is not

a prerequisite for preservation and

appropriate management, and we trust

that the language of the guidelines

eliminates any confusion on that point.

On the other hand, as noted above,

registration should be an ongoing

function and should not appear in these

standards and guidelines as if it were an

activity to be carried out only when all

else is said and done.

Standard 4

Stantive comments focused on

guideline (f), concerning the

determination of whether an ‘‘agency’s

procedures for compliance with section

106 are consistent with regulations

issued by the (Advisory) Council.’’

(Section 110(2)(E)(i)). Three commenters

expressed the concern that this

guideline seems to say that an agency’s

procedures must be identical to the

Council’s regulations in order to be

consistent with them. Such a

requirement, they argue, would limit

needed flexibility and inhibit

innovation. We recognize the need for

flexibility and innovation, and we

affirm that these standards and

guidelines do not mean to say or imply

that agency procedures must copy the

procedure set out in 36 CFR part 800.

We have edited the language

accordingly. An agency’s procedures

may satisfy the requirement of the law

in one of two ways, as noted in

guideline (f). First, of course, the agency

can choose to adopt and use the

procedure exactly as it is set out in 36

CFR part 800. Second, the agency can

choose to develop alternate procedures

that satisfy the purposes of the section

106 review process but that include any

number of modifications to the standard

process set out in 36 CFR part 800, in

order to meet agency needs more

effectively. Because the Advisory

Council is unquestionably the

appropriate judge of whether an

agency’s alternate procedures remain

consistent with the Council’s own

regulations, it is sufficient and

appropriate for these standards and

guidelines to say that an agency’s

alternate procedures meet the test of

section 110(2)(E)(i), if the Council has

approved them .

One comment on guideline (a)

cautioned that a federal agency’s

responsibility to consider the impact of

its actions on properties outside its

ownership or control must be carefully

construed to avoid any implication that

the non-federal owners of those

properties are under any obligation to

consider the impacts of their actions. In

addition, the commenter cautioned that

federal agencies cannot invoke their

obligations under this standard as a

means for interfering with the actions of

private property owners outside the

agency’s jurisdiction or control. We

agree that private property owners

acting without reliance on federal

permission or assistance are not within

the scope of these standards and

guidelines. On the other hand, a federal

agency that is considering whether to

issue a permit or provide assistance to
20498 Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices

a private property owner does have to

consider the impact of that property

owner’s actions before deciding whether

to issue the permit or award the

assistance.

Standard 5

Two commenters took issue with the

idea set out in guidelines (b) and (c) that

seeking agreement among the federal

agency and interested parties is the

reason for consultation. They argue that

consultation is simply an exchange of

views, that there is no requirement that

agencies reach agreement with

interested parties, and that there are

many instances where the agency knows

ahead of time that agreement will not be

possible. Consequently, they argue,

asserting that agreement is the object of

consultation will create unrealistic and

unwarranted expectations among

interested parties and will lead to legal

and procedural challenges that will

compromise the agency’s ability to

accomplish its work. We disagree. We

acknowledge that agencies are not

required by law or by these standards

and guidelines to reach agreements with

interested parties. We also acknowledge

that an agency can sometimes know in

advance that a proposed activity will

face the unalterable opposition of an

interested party. Finally we

acknowledge here and in the guidelines,

themselves, that no agency is obliged to

remain engaged in endless consultation

when it is clear that agreement cannot

be reached. However, we do not agree

that meaningful consultation is

accomplished by a mere exchange of

views. Consultation must include, at

least as its theoretical purpose, the

willingness to explore the possibilities

for agreement—or at least for a

narrowing of disagreement—among the

consulting parties. Even if that

exploration quickly shows or confirms

that further discussion would be

fruitless, the attempt is fundamental to

the concept of consultation as

envisioned by these standards and

guidelines. Finally, we believe that the

agency’s ability to end consultation

without reaching agreement is

sufficiently clear that procedural

challenges should not be a problem.

One commenter sought the inclusion

of specific time limits for consultation,

so as to minimize delays and avoid

efforts to thwart agency projects through

endless consultation. We disagree.

These standards and guidelines are

intended to speak more broadly to the

concepts and ideas that define

meaningful consultation for federal

agency historic preservation programs,

so that trying to determine specific time

periods for consultation is not

appropriate here. In a regulatory setting,

deadlines for response may well be

critical to doing orderly business.

However, even in the section 106

process there is no ultimate time limit

within which all consultation must be

completed, since such a deadline would

ultimately compromise the purposes of

that consultation.

Similarly, one commenter asked for

more specific guidance on what

constitutes a ‘‘reasonable effort’’ under

guideline (h) to consult with those

groups that do not customarily

participate in traditional governmental

means of consultation. As noted above,

these guidelines are not the appropriate

place to spell out specific solutions for

such cases. The guideline means in

general that, where an agency is dealing

with interested parties who are

unaccustomed to the agency’s standard

consultation procedures, the agency

should—to the extent feasible given its

own needs—make some adjustments in

its standard procedures to allow those

interested parties a reasonable

opportunity to participate in

consultation with the agency. The

specific adjustments in each case will

depend on a fair balancing of the needs

of the agency and the needs of the

specific interested party.

Finally, one agency asked for

additional guidance in guideline (f) for

how to provide the public with

sufficient information to participate and

still be consistent with the requirements

of Section 304 of the Act, which calls

for withholding information in cases

where disclosure would put resources at

risk, invade privacy, or impede

traditional religious use of a site.

Guideline (f) is not intended to be an

instruction for how to balance these

competing goals. The point of guideline

(f) is to emphasize the primacy of

Section 304’s specific requirements for

withholding information. An agency’s

efforts to involve the public, while

important, do not take precedence over

the requirements of Section 304. In any

instance where an agency, in

consultation with the Secretary,

determines that disclosure of certain

information would lead to one or more

of the results listed in Section 304, the

agency is required to withhold that

information.

Standard 6

One commenter requested the

insertion of a reference to Section 106

in the language of the standard, itself.

We believe that the standard is and

should be a stronger, more allencompassing message than would be

the case if a reference to Section 106

were added. Consequently, we have left

the standard unchanged. However,

compliance with Section 106 is clearly

a critical component of an agency’s

efforts to meet the standard. Specific

references to Section 106 appear in four

of the eight guidelines for this standard.

Another commenter requested more

guidance on the appropriate treatment

of cultural landscape features when

disturbance is unavoidable. NPS has

developed formal guidelines for

applying the Secretary’s ‘‘Standards for

the Treatment of Historic Properties’’ to

cultural landscapes. We have added a

reference to those guidelines here in

guideline (a) of Standard 6.

Three commenters indicated that

guideline (c)’s call for limiting

archeological excavation to the footprint

of the area that will be otherwise

disturbed is inappropriate. We agree.

The original intent had been to

emphasize the need to minimize

excavation, but the result was an

arbitrary limit that ignored the need for

excavation according to a research

design that would allow for meaningful

evaluation of the material that is

excavated. We have amended the

guideline accordingly.

One commenter argued with reference

to guideline (c) that calling on agencies

to adhere to the Secretary’s Standards

for the Treatment of Historic Properties

when modifying historic properties is

unduly stringent and unrealistic. We

disagree. We acknowledge that there

may be cases where meeting those

standards will not be feasible, but we

believe that meeting the standards

should be the goal toward which the

agency strives when modifying historic

property. Where meeting that goal is not

feasible, we believe the agency is

obliged to explain why not. As a

technical matter, both because this

specific guideline uses the verb

‘‘should’’ and not ‘‘shall,’’ and because

these standards and guidelines are not

regulatory, these standards and

guidelines do not impose any specific

requirement that federal agencies must

always adhere to the Treatment

Standards noted above.

Standard 7

One commenter asked with reference

to guideline (f) whether federally

recognized Indian tribes can be

recipients of historic properties under

the Historic Surplus Property Program.

We have added language to make clear

that tribes can receive such property.

One commenter suggested that,

pursuant to Section 110(h) there should

be guidance concerning preservation

awards programs that can be established

by federal agencies. While it is certainly

true that federal agencies can create
Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices 20499

their own awards programs, Section

110(h) of the Act addresses only an

awards program to be established by the

Secretary of the Interior to recognize

officers and employees of Federal, State,

and local governments. Consequently,

we have included no guidance for

awards programs that other agencies

may wish to create.

Definitions

Two commenters suggested the

addition of a definition for the federal

agency Preservation Officer. We agree

and have added that definition.

One commenter pointed out that,

while a traditional cultural property

may be determined to be eligible for the

National Register of Historic Places, not

every traditional cultural property is by

definition eligible for the Register.

We agree and have amended the

definitions of ‘‘historic property’’ and

‘‘traditional cultural property’’

accordingly.

Dated: February 2, 1998.

de Teel Patterson Tiller,

Chief, Heritage Preservation Services

Division, National Center for Cultural

Resource Stewardship and Partnerships

Programs, National Park Service.

The Secretary of the Interior’s

Standards and Guidelines for Federal

Agency Historic Preservation Programs

Pursuant to the National Historic

Preservation Act

Introduction

Section 110 of the National Historic

Preservation Act (16 U.S.C. 470).

Section 110 of the National Historic

Preservation Act (hereinafter referred to

as NHPA or the Act) sets out the broad

historic preservation responsibilities of

Federal agencies and is intended to

ensure that historic preservation is fully

integrated into the ongoing programs of

all Federal agencies. This intent was

first put forth in the preamble to the

National Historic Preservation Act upon

its initial adoption in 1966. When the

Act was amended in 1980, section 110

was added to expand and make more

explicit the statute’s statement of

Federal agency responsibility for

identifying and protecting historic

properties and avoiding unnecessary

damage to them. Section 110 also

charges each Federal agency with the

affirmative responsibility for

considering projects and programs that

further the purposes of the NHPA, and

it declares that the costs of preservation

activities are eligible project costs in all

undertakings conducted or assisted by a

Federal agency.

The 1992 amendments to the Act

further strengthened the provisions of

section 110. Under the law, the head of

each Federal agency must do several

things. First, he or she must assume

responsibility for the preservation of

historic properties owned or controlled

by the agency. Each Federal agency

must establish a preservation program

for the identification, evaluation,

nomination to the National Register, and

protection of historic properties. Each

Federal agency must consult with the

Secretary of the Interior (acting through

the Director of the National Park

Service) in establishing its preservation

programs. Each Federal agency must, to

the maximum extent feasible, use

historic properties available to it in

carrying out its responsibilities. The

1992 additions to section 110 also set

out some specific benchmarks for

Federal agency preservation programs,

including: (a) Historic properties under

the jurisdiction or control of the agency

are to be managed and maintained in a

way that considers the preservation of

their historic, archeological,

architectural, and cultural values;

(b) Historic properties not under

agency jurisdiction or control but

potentially affected by agency actions

are to be fully considered in agency

planning;

(c) Agency preservation-related

activities are to be carried out in

consultation with other Federal, State,

and local agencies, Indian tribes, Native

Hawaiian organizations, and the private

sector;

(d) Agency procedures for compliance

with section 106 of the Act are to be

consistent with regulations issued by

the Advisory Council on Historic

Preservation; and

(e) An agency may not grant

assistance or a license or permit to an

applicant who damages or destroys

historic property with the intent of

avoiding the requirements of section

106, unless specific circumstances

warrant such assistance.

The complete text of section 110 is

included as Appendix A to these

Guidelines. Also included as Appendix

B are sections 1 and 2 of the NHPA that

set out the purposes and policies of that

Act. Anyone unfamiliar with the

purposes of the Act or with the specific

provisions of section 110 as amended in

1992 should refer to those texts in

addition to the revised Guidelines.

Section 110 Guidelines—Background

and Format

The Section 110 Guidelines were first

published in the Federal Register on

February 17, 1988 (53 FR 4727–46). This

second edition has been revised to

incorporate the 1992 amendments to the

Act and to make the Guidelines easier

to use.

These Guidelines neither replace nor

incorporate other statutory authorities,

regulations, or The Secretary of the

Interior’s Standards and Guidelines for

Archeology and Historic Preservation.

These Guidelines show how Federal

agencies should address these various

other requirements and guidelines in

carrying out their responsibilities under

the Act. The head of each Federal

agency, acting through its Preservation

Officer, should become familiar with all

the statutes, regulations, and guidelines

that bear upon the agency historic

preservation program required by

section 110.

This second edition of the Section 110

Guidelines follows a format

significantly different from that of its

predecessor. The first edition followed

the sequence of the statute and provided

detailed guidance for each subsection of

section 110. The current edition instead

takes the form of standards and

guidelines that will assist each Federal

agency in establishing a preservation

program that meets the various

requirements of section 110.

Agency Use of These Standards and

Guidelines for Evaluating Their

Programs

The preservation and use of historic

properties and their careful

consideration in agency planning and

decisionmaking are in the public

interest, are consistent with the

declaration of policy set forth in the

NHPA, and must be a fundamental part

of the mission of any Federal agency.

These standards and guidelines are

intended to assist Federal agency

personnel and the agency head in

carrying out their policies, programs,

and projects in a manner consistent

with the requirements and purposes of

section 110 of the NHPA, related

statutory authorities, and existing

regulations and guidance.

An agency should use these standards

and guidelines, and consultation with

the Secretary and others, to ensure that

the basic individual components of a

preservation program called for in

section 110 are in place. The

preservation program should also be

fully integrated into both the general

and specific operating procedures of the

agency. The agency’s preservation

program should interact with the

agency’s management systems to ensure

that historic preservation issues are

considered in decisionmaking. The

program should try to ensure that the

agency’s officials, employees,

contractors, and other responsible

parties have sufficient budgetary and
20500 Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices

personnel resources needed to identify,

evaluate, nominate, manage, and use the

historic properties under agency care or

affected by agency actions.

Consultation and Technical Assistance

Section 110(a)(2) requires that agency

preservation programs be established

‘‘in consultation with the Secretary.’’

Federal agencies seeking such

consultation should contact the

Associate Director, Cultural Resource

Stewardship and Partnerships, National

Park Service, Department of the Interior,

1849 C Street, NW, Washington, DC

20240. Consultation with the Secretary

regarding an agency’s program will be

based upon the degree to which that

program is consistent with the Act and

with the standards and guidelines that

follow. Upon request, the Secretary will

also provide informal technical

assistance to any agency on questions

concerning the establishment or

improvement of the agency’s historic

preservation program. Requests for

technical assistance should also be

addressed to the Associate Director,

Cultural Resources Stewardship and

Partnerships, National Park Service.

Section 202(a)(6) of the Act provides

that the Advisory Council may review

Federal agency preservation programs

and recommend improvements to such

agencies. Where the Council carries out

such a review, it will base any

recommendations on its own

regulations and policy statements, and

on the standards and guidelines that

follow.

The Secretary of the Interior’s Standards

for Federal Agency Historic Preservation

Programs

Standard 1. Each Federal agency

establishes and maintains a historic

preservation program that is

coordinated by a qualified Preservation

Officer, and that is consistent with and

seeks to advance the purposes of the

National Historic Preservation Act. The

head of each Federal agency is

responsible for the preservation of

historic properties owned or controlled

by the agency. (Sec. 110(a)(1), sec.

110(a)(2), sec. 110(c), and sec. 110(d)).

Standard 2. An agency provides for

the timely identification and evaluation

of historic properties under agency

jurisdiction or control and/or subject to

effect by agency actions. (Sec.

110(a)(2)(A), and sec. 112)

Standard 3. An agency nominates

historic properties under the agency’s

jurisdiction or control to the National

Register of Historic Places. (Sec.

110(a)(2)(A)).

Standard 4. An agency gives historic

properties full consideration when

planning or considering approval of any

action that might affect such properties.

(Sec.110(a)(2)((B), (C), and (E), Sec.

110(f) and Sec. 402(16 U.S.C. 470a–2))

Standard 5. An agency consults with

knowledgeable and concerned parties

outside the agency about its historic

preservation related activities. (Sec.

110(a)(2)(D)).

Standard 6. An agency manages and

maintains historic properties under its

jurisdiction or control in a manner that

considers the preservation of their

historic, architectural, archeological,

and cultural values. (Sec. 110(a)(1), sec.

110 (a)(2)(B), sec. 110(b)).

Standard 7. An agency gives priority

to the use of historic properties to carry

out agency missions. (Sec. 110(a)(1)).

For a cross-reference of each standard

to the parts of 110 see Appendix A.

The Secretary’s Standards and

Guidelines for Federal Agency Historic

Preservation Programs

These guidelines have no regulatory

effect. Instead, they are the Secretary’s

formal guidance to each Federal agency

on meeting the requirements of section

110 of the Act.

The following guidelines provide

information on the steps an agency must

take to establish and maintain a

preservation program that meets each of

the applicable Secretary’s Standards.

Standard 1. Each Federal agency

establishes and maintains a historic

preservation program that is

coordinated by a qualified Preservation

Officer, and that is consistent with and

seeks to advance the purposes of the

National Historic Preservation Act. The

head of each Federal agency is

responsible for the preservation of

historic properties owned or controlled

by the agency. (Sec. 110(a)(1), sec.

110(a)(2), sec. 110(c), and sec. 110(d)).

Guidelines

Agency Programs

(a) An agency historic preservation

program must include specific

provisions to ensure, to the extent

feasible given the agency’s mission and

mandates, the full consideration and

appropriate preservation of historic

properties under the agency’s

jurisdiction or control and of other

historic properties affected by the

agency’s actions. (Sec. 110(a)(2)(B))

(b) An agency historic preservation

program is embodied in agency-wide

policies, procedures, and activities. An

agency historic preservation program is

the vehicle for ensuring that the

agency’s mission-driven activities are

carried out in a manner consistent with

the purposes of National Historic

Preservation Act. The program is not an

activity carried out separate and apart

from the activities mandated by the

agency mission.

(c) The identification, evaluation, and

preservation of historic properties must

be the fundamental goal of any Federal

agency preservation program. (Sec.

110(a)(2)). However, an agency’s ability

to achieve this goal is affected by its

own mission and by whether it owns

and manages historic property:

(1) In those cases where historic

property is under the jurisdiction and

control of the agency, the agency has an

affirmative responsibility to manage and

maintain such property in a manner that

takes into account the property’s

historic significance. In addition, the

Federal agency has an affirmative

responsibility to seek and use historic

properties to the maximum extent

feasible in carrying out its activities.

(Sec. 110(a)(1) and sec. 110(a)(2)(B))

(2) Where an agency carries out its

mission through the award of grant

funds for specific activities, and where

those activities will inevitably affect

historic properties, the agency should,

to the maximum extent feasible, design

its programs to encourage grantees to

retain and make appropriate use of

historic properties in carrying out grantfunded activities.

(3) Where an agency’s historic

preservation activities are limited to

considering the impact of federally

licensed, or permitted activities

initiated by non-federal entities on nonfederally owned historic properties, the

agency’s preservation responsibility

may be more narrowly cast as seeking to

avoid or minimize any adverse effects to

such properties that might otherwise

occur as a result of such activities.

(d) An agency historic preservation

program must be established in

consultation with the Secretary of the

Interior. (Sec. 110(a)(2)). Consultation

with the Secretary regarding an agency’s

historic preservation program will be

based on these Standards and

Guidelines.

(e) The agency historic preservation

program must be an effective and

efficient vehicle through which the

agency head can meet his or her

statutory responsibilities for the

preservation of historic properties. (Sec.

110(a)(2)). Compliance with

responsibilities pursuant to section 106

of the Act is an integral part of an

agency’s overall historic preservation

program. That program, however, is not

simply intended to meet agency section

106 responsibilities to ‘‘take into

account’’ the effects of its undertakings

on historic properties. The program

described in section 110(a)(2) is an
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agency-wide approach to achieving the

goals set forth in the NHPA. It should

be fully integrated into both the general

and specific operating procedures of the

agency.

(f) The preservation program should

interact with the agency’s budgetary and

financial management systems to:

(1) Ensure that historic preservation

issues are considered before budgetary

decisions are made that foreclose

historic preservation options, and

(2) Ensure that the historic

preservation program itself is

adequately funded to enable it to

perform its functions.

(g) To avoid needless duplication of

effort and increased workload in

developing and implementing its

program, the agency should carefully

review and consider using those

existing policies, procedures,

approaches and standards that are

government-wide, i.e., applicable to all

preservation programs, and develop

only those that need to be agencyspecific. Preservation programs can be

expected to differ based on the extent to

which:

(1) Agencies manage, own, or exercise

control over historic properties;

(2) Historic properties play a

significant role in agency activities

through active use (e.g., for recreation,

interpretation, public access/use,

transportation, office space);

(3) Agencies are engaged in public

education/interpretation, or multipleuse resource management; or,

(4) Agencies are in a position to

influence actions affecting historic

properties.

(h) Agency funding decisions for

historic preservation work should be

based on a determination of the prudent

level of investment for a specific

undertaking. That determination, in

turn, should acknowledge that

preservation costs are eligible project

costs on an equal footing with other

planning, design, construction,

environmental protection, and

mitigation needs and requirements.

Similarly, the cost of caring for,

documenting, and otherwise preserving

artifacts, records, and remains related to

historic properties is an eligible project

cost. (Sec. 110(g)). The agency may

contract with a State Historic

Preservation Officer (SHPO), another

Federal agency, or other public or

private organization as appropriate to

assist it in carrying out the agency’s

historic preservation work.

(i) Where preservation activity is a

condition of obtaining a Federal license

or permit, or Federal approval, or is

subject to a delegation of authority by a

Federal agency, the recipient may be

expected to incur reasonable costs. (Sec.

110(g)). Because it is difficult to

establish fair standards that would be

applicable in all cases, ‘‘reasonable

costs’’ should not be determined using

inflexible criteria, such as a flat fee or

a standard percentage of a budget, but

rather should be determined on a caseby-case basis.

(j) An efficient preservation program

should allow the agency to do more

than simply meet its section 110 and

106 responsibilities. In order to

eliminate duplicative effort and assist in

agency planning, the preservation

program should be coordinated with

actions the agency takes to meet the

requirements of other relevant and

related Federal statutes (e.g., NAGPRA,

the Archaeological Resources Protection

Act (ARPA), the American Indian

Religious Freedom Act (AIRFA), and the

National Environmental Policy Act

(NEPA)) in a comprehensive,

anticipatory manner.

Preservation Officer

(k) The agency position responsible

for coordinating the preservation

program is the Preservation Officer

required of all agencies by section

110(c) of the NHPA (unless specifically

exempted under section 214 of the

NHPA). A Preservation Officer may

have other agency duties in addition to

historic preservation coordination,

depending on the magnitude and degree

of the agency’s historic preservation

activities and responsibilities. (Sec.

110(c)).

(l) Agency officials designated as

Preservation Officers should have

substantial experience administering

Federal historic preservation activities

and/or specifically assigned staff under

their supervision who have such

experience. Section 112 of the NHPA

requires that agency personnel or

contractors responsible for historic

resources, meet qualification standards

established by the Office of Personnel

Management in consultation with the

Secretary.

(m) Each Preservation Officer should

have sufficient agency-wide authority,

staff, and other resources to carry out

section 110 responsibilities effectively.

Agency administrative systems should

ensure that the Preservation Officer can

review and comment meaningfully on

all agency programs and activities and

interact with the agency’s planning and

project management systems in such a

way as to influence decisions

potentially affecting historic resources.

The Preservation Officer should have

sufficient authority and the agency

should have sufficient control systems

to ensure that decisions made pursuant

to section 106 and section 110 about the

treatment of such resources are in fact

carried out.

(n) In agencies where significant

preservation responsibilities are

delegated to regional or field offices, or

Federal facilities or installations, the

agency head should also appoint

qualified preservation officials at those

levels. Such officials should ensure that

their actions and conduct of historic

preservation activities are coordinated

with, and consistent with, those of the

central office Preservation Officer for

that agency.

(o) The agency should ensure that its

personnel management system

identifies those personnel with

preservation responsibilities, includes

such responsibilities in their position

descriptions and performance elements

and standards, and appropriately

rewards high-quality performance. In

addition, the agency should provide for

ongoing training in historic preservation

for all agency personnel with

preservation responsibilities.

Standard 2. An agency provides for

the timely identification and evaluation

of historic properties under agency

jurisdiction or control and/or subject to

effect by agency actions. (Sec.

110(a)(2)(A) and sec. 112).

Guidelines

(a) Identification and evaluation of

historic properties are critical steps in

their long-term management, as well as

in project-specific planning by Federal

agencies. Normally, an agency must

identify the full range of historic

properties that may be affected by an

agency program or activity, including,

but not limited to, historic buildings

and structures, archaeological sites,

traditional cultural properties, designed

and other cultural landscapes, historic

linear features such as roads and trails,

historic objects such as signs and street

furniture, and historic districts

comprising cohesive groups of such

properties. (Sec. 110(a)(2)(A)). Effective

management of historic properties

requires that they first be identified and

evaluated. The level of identification

needed can vary depending on the

nature of the property or property type,

the nature of the agency’s management

authority, and the nature of the agency’s

possible effects on the property.

(b) The Secretary of the Interior has

issued standards and guidelines for

identification and evaluation of historic

properties (in The Secretary of the

Interior’s Standards and Guidelines for

Archeology and Historic Preservation

(48 FR 44720–44726)), which should be

used to ensure that the preservation

program’s identification and evaluation
20502 Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices

procedures will be adequate and

appropriate. Identification and

evaluation of historic properties must be

conducted by professionally qualified

individuals. (Sec. 101(g), sec. 101(h),

and sec. 112)

(c) Agency efforts to identify and

evaluate historic properties should

include early consultation with the

State Historic Preservation Officer, or

the Tribal Preservation Officer as

appropriate, to ensure that such efforts

benefit from and build effectively upon

any relevant data already included in

the State’s or Tribe’s inventory. For

information on consulting with an

Indian tribe that has assumed State

Historic Preservation Officer functions

pursuant to section 101(d)(2) of the Act,

see Standard 6, Guideline 7(b). Agencies

are encouraged to share with the

appropriate SHPO and Tribal

Preservation Officer, information about

historic properties gathered through

their identification and evaluation

activities.

(d) Where an agency is planning an

action that is not aimed at specific land

areas (for example, a nationwide

program of assistance to local

governments, farmers, or low-income

homeowners), and the identification of

specific historic properties subject to

effect is not feasible, the agency should

nevertheless consider what types of

historic properties may be affected

directly or indirectly, and consider

strategies that will minimize adverse

effect and maximize beneficial effect on

those properties. Such consideration

must be carried out in consultation with

SHPOs, Tribal Preservation Officers,

local governments, Indian tribes, Native

Hawaiian organizations, and the

interested public as appropriate

(110(a)(2)(E)(ii)).

(e) Where an agency is planning an

action that could affect historic

properties directly or indirectly (e.g., a

land-use or construction project; a

project that could change the way land

or buildings are used or developed, or

alter the social, cultural, or economic

character of a community; and any

program of assistance to or the issuance

of a license for such activities),

identification and evaluation should

take place at the earliest possible stage

of planning, and be coordinated with

the earliest phases of any environmental

review carried out under the National

Environmental Policy Act and/or related

authorities. Identification and

evaluation efforts must be carried out in

consultation with SHPOs, Tribal

Preservation Officers, local

governments, Indian tribes, Native

Hawaiian organizations, and the

interested public as appropriate

(110(a)(2)(E)(ii).

(f) Where identification and

evaluation are carried out as a part of

long-term planning, it may be

appropriate to conduct background

studies to develop a ‘‘predictive model’’

of historic property distributions that

can be used in evaluating the likely

effects of particular land management

projects as the program proceeds. In

some cases, depending on management

needs for a particular project or activity,

it may not be necessary to identify

exhaustively every historic property or

historic property type. It may also be

appropriate and cost-effective to carry

out the work in phases organized

around particular property types or

other such coherent units. For example,

if historic architecture is of greater

immediate concern than Native

American traditional properties or

archeological sites, a survey of

architecture alone may be appropriate

during a particular budget year, with

archeological survey and ethnographic

studies deferred until later. However,

identification is not complete until all

historic properties have been identified.

Such work should be developed in

consultation with SHPOs, Tribal

Preservation Officers, local

governments, Indian tribes and Native

Hawaiian organizations as appropriate,

and other parties that may have

knowledge of, or interest in, such

properties.

(g) Identification of historic properties

is an ongoing process. As time passes,

events occur, or scholarly and public

thinking about historical significance

changes. Therefore, even when an area

has been completely surveyed for

historic properties of all types it may

require re-investigation if many years

have passed since the survey was

completed. Such follow-up studies

should be based upon previously

obtained information, may focus upon

filling information gaps, and should

consider re-evaluation of properties

based upon new information or changed

historical understanding.

Standard 3. An agency nominates

historic properties under the agency’s

jurisdiction or control to the National

Register of Historic Places. (Sec.

110(a)(2)(A)).

Guidelines

(a) The first step in designing a

program for the nomination of historic

properties is to determine what role

nomination will play in the agency’s

overall preservation program. For

example:

(1) An agency that controls relatively

few historic properties may find it

realistic to nominate them all to the

National Register, and then manage

them accordingly. An agency with a

great many historic properties will need

to establish explicit priorities for

identifying, nominating, and preserving

properties.

(2) Placement on the National Register

may help justify budgeting funds for

preservation or management of a

historic property, so agencies may want

to give priority to nominating properties

as a first step in upgrading their

maintenance and providing for their

continued active service in carrying out

agency programs. Further, development

of National Register-level

documentation provides information on

the property that will assist the agency

in its subsequent property management

decisions.

(3) An agency with an excellent

internal program for identifying and

preserving historic properties may find

that other determinants, such as

whether a property is to be managed

and interpreted as a site of public

interest, are more useful in establishing

nomination priorities.

(4) An agency that regularly transfers

property out of Federal ownership may

find it useful to give higher priority to

nominating properties to be transferred,

at the expense of other properties, in

those cases where placement on the

National Register may make

preservation more likely once a property

is no longer under Federal management.

(b) Beyond serving the agency’s own

internal management needs, the

National Register is the nation’s formal

repository of information on historic

properties. To the extent that the

National Register is incomplete, its

usefulness as a planning and

educational tool is diminished.

Consequently, an agency should

generally strive to nominate the historic

properties under its jurisdiction or

control to the National Register.

(c) The Secretary of the Interior

already has in place Standards and

Guidelines for registration of historic

properties (in The Secretary of the

Interior’s Standards and Guidelines for

Archeology and Historic Preservation

(48 FR 44726–44728) that details the

process that should be followed in

formally recognizing historic properties

as significant. These Standards and

Guidelines, along with the National

Register Bulletin #16, Guidelines for

Completing National Register Forms,

provide guidance on completing

National Register nomination forms.

National Register regulations (36 CFR

part 60) set forth the nomination

process.
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Standard 4. An agency gives historic

properties full consideration when

planning or considering approval of any

action that might affect such properties.

(Sec. 110(a)(2)(B),(C), and (E), and sec.

402 (16 U.S.C. 470a–2)).

Guidelines

All Historic Properties

(a) Each Federal agency has an

affirmative responsibility under section

110 of the National Historic

Preservation Act to consider its

activities’ effects on our nation’s historic

properties. This responsibility extends

to a systematic consideration of

properties not under the jurisdiction or

control of the agency, but potentially

affected by agency actions. (Sec.

110(a)(2)(C)).

(b) Full consideration of historic

properties includes assessment of the

widest range of preservation alternatives

early in program or project planning,

coordinated to the extent feasible with

other kinds of required planning and

environmental review.

(c) Full consideration of historic

properties includes consideration of all

kinds of effects on those properties:

direct effects, indirect or secondary

effects, and cumulative effects. Effects

may be visual, audible, or atmospheric.

Beyond the effects from physical

alteration of the resource, itself, effects

on historic properties may result from

changes in such things as local or

regional traffic patterns, land use, and

living patterns.

(d) Full consideration of historic

properties includes an obligation to

solicit and consider the views of others

in planning and carrying out agency

preservation activities (See Standard 5

on Consultation). (Sec. 110(a)(2)(D)).

(e) Full consideration of historic

properties must include development of

and adherence to agency procedures for

section 106 review that are consistent

with the regulations of the Advisory

Council on Historic Preservation, and,

as necessary, with certain provisions of

the Native American Graves Protection

and Repatriation Act. (Sec.

110(a)(2)(E)(i), (ii), and (iii)).

(f) The term consistent with the

regulations issued by the Council as

used in the NHPA means that an

agency’s procedures provide for the

identification and evaluation of historic

properties, the assessment of project and

program effects on them, and

consultation (specifically including

consultation with the State Historic

Preservation Officer, Tribal Preservation

Officer or other Native American groups

where appropriate, and other affected

parties) to determine appropriate

treatment or mitigation. Such

procedures must either adhere to and

expand upon the process set out in 36

CFR part 800, or include modifications

or alternatives to that process that have

been reviewed and approved by the

Council. Implementation of procedures

consistent with the Council’s

regulations means that those procedures

are carried out in a manner consistent

with the Guidelines for Standard 1

above.

(g) Full consideration of historic

properties includes development of

procedures to identify, discourage, and

guard against ‘‘anticipatory demolition’’

of a historic property by applicants for

Federal assistance or license. Agency

procedures should include a system for

early warning to applicants and

potential applicants that anticipatory

demolition of a historic property may

result in the loss of Federal assistance,

license or permit, or approval for a

proposed undertaking. When an historic

property is destroyed or irreparably

harmed with the express purpose of

circumventing or preordaining the

outcome of section 106 review (e.g.,

demolition or removal of all or part of

the property) prior to application for

Federal funding, a Federal license,

permit, or loan guarantee, the agency

considering that application is required

by section 110(k) to withhold the

assistance sought, unless the agency,

after consultation with the Council,

determines and documents that

‘‘circumstances justify granting such

assistance despite the adverse effect

created or permitted by the applicant.’’

(Sec. 110(k)).

(h) Agency preservation procedures

for section 106 compliance must

provide for the disposition of Native

American, Alaskan, and Hawaiian

human remains and cultural items from

Federal or tribal land consistent with

section 3(c) of the Native American

Graves Protection and Repatriation Act

of 1990 (NAGPRA). (Sec. 110(2)(E)(iii)).

The applicable NAGPRA sections on

disposition (sections 3(c)(3) and 3(a) &

(b)) vest ‘‘ownership and right of

control’’ according to a hierarchy of

relationships to the cultural items. See

NAGPRA (25 U.S.C. 3002(c)) and the

Department of Interior’s regulations

implementing this Act (43 CFR part 10)

for detailed information.

(i) In those cases where consultation

pursuant to section 106 does not

produce a Memorandum of Agreement

(MOA) governing how an agency will

‘‘take into account’’ the adverse effects

of its undertaking on historic properties,

section 110(l) requires that the final

decision(s), reached after consideration

of the Council’s comments, be made by

the agency head and not by any

subordinate official, that it be explicit

and informed, and that it be a part of the

public record available for review. (Sec.

110(l)).

National Historic Landmarks

(j) National Historic Landmarks (NHL)

are designated by the Secretary under

the authority of the Historic Sites Act of

1935, which authorizes the Secretary to

identify historic and archaeological

sites, buildings, and objects which

‘‘possess exceptional value as

commemorating or illustrating the

history of the United States.’’ Section

110(f) of the NHPA requires that Federal

agencies exercise a higher standard of

care when considering undertakings

that may directly and adversely affect

NHLs. The law requires that agencies,

‘‘to the maximum extent possible,

undertake such planning and actions as

may be necessary to minimize harm to

such landmark.’’ In those cases when an

agency’s undertaking directly and

adversely affects an NHL, or when

Federal permits, licenses, grants, and

other programs and projects under its

jurisdiction or carried out by a state or

local government pursuant to a Federal

delegation or approval so affect an NHL,

the agency should consider all prudent

and feasible alternatives to avoid an

adverse effect on the NHL. (Sec.

110(a)(2)(B) and sec. 110(f)).

(k) Where such alternatives appear to

require undue cost or to compromise the

undertaking’s goals and objectives, the

agency must balance those goals and

objectives with the intent of section

110(f). In doing so, the agency should

consider:

(1) The magnitude of the

undertaking’s harm to the historical,

archaeological and cultural qualities of

the NHL;

(2) The public interest in the NHL and

in the undertaking as proposed, and,

(3) The effect a mitigation action

would have on meeting the goals and

objectives of the undertaking.

(l) The Advisory Council’s regulations

implementing section 106 include

specific provisions that also implement

section 110(f). These regulations require

that the Council must be included in

any consultation following a

determination by the Federal agency

that a Federal or federally assisted

undertaking will have an adverse effect

on an NHL. The Council must notify the

Secretary and may request the Secretary

to provide a report to the Council

detailing the significance of the affected

NHL under section 213 of the NHPA

and recommending measures to avoid,

minimize or mitigate adverse effects.

The Council shall report the outcome of
20504 Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices

the section 106 process to the Secretary

and the head of the agency responsible

for the undertaking.

Foreign Historic Properties

(m) In accordance with section 402 of

the National Historic Preservation Act

Amendments of 1980 (Pub. L. 96–515)

and with Executive Order 12114 (issued

January 4, 1979), the agency’s

preservation program should ensure

that, when carrying out work in other

countries, the agency will consider the

effects of such actions on historic

properties, including World Heritage

Sites and properties that are eligible for

inclusion in the host country’s

equivalent of the National Register.

(n) The agency’s preservation program

should ensure that those agency

officials, contractors, and other parties

responsible for implementing section

402 of the NHPA (16 U.S.C. 470a–z) and

Executive Order 12114 have access to

personnel with appropriate levels and

kinds of professional expertise in

historic preservation to identify and

assist in the management of such

properties.

(o) Efforts to identify and consider

effects on historic properties in other

countries should be carried out in

consultation with the host country’s

historic preservation authorities, with

affected communities and groups, and

with relevant professional

organizations.

Standard 5. An agency consults with

knowledgeable and concerned parties

outside the agency about its historic

preservation related activities. (Sec.

110(a)(2)(D) and (E)(ii)).

Guidelines

Consultation General Principles

(a) Consultation means the process of

seeking, discussing, and considering the

views of others, and, where feasible,

seeking agreement with them on how

historic properties should be identified,

considered, and managed. Consultation

is built upon the exchange of ideas, not

simply providing information. Whether

consulting on a specific project or on

broader agency programs, the agency

should:

(1) Make its interests and constraints

clear at the beginning;

(2) Make clear any rules, processes, or

schedules applicable to the

consultation;

(3) Acknowledge others’ interests and

seek to understand them;

(4) Develop and consider a full range

of options; and,

(5) Try to identify solutions that will

leave all parties satisfied.

(b) Consultation should include broad

efforts to maintain ongoing

communication with all those public

and private entities that are interested in

or affected by the agency’s activities and

should not be limited to the

consideration of specific projects.

(c) Consultation should be undertaken

early in the planning stage of any

Federal action that might affect historic

properties. Although time limits may be

necessary on specific transactions

carried out in the course of consultation

(e.g., the time allowed to respond to an

inquiry), there should be no hard-andfast time limit on consultation overall.

Consultation on a specific undertaking

should proceed until agreement is

reached or until it becomes clear to the

agency that agreement cannot be

reached.

(d) While specific consultation

requirements and procedures will vary

among agencies depending on their

missions and programs, the nature of

historic properties that might be

affected, and other factors, consultation

should always include all affected

parties. Section 110(a)(2)(D) specifies

that an agency’s preservation-related

activities be carried out in consultation

with other Federal, State, and local

agencies, Indian tribes, Native Hawaiian

organizations, and the private sector.

Section 110(a)(2)(E)(ii) requires an

agency’s procedures for compliance

with section 106 to provide a process for

the identification and evaluation of

historic properties and the development

and implementation of agreements, in

consultation with SHPOs, local

governments, Indian tribes, Native

Hawaiian organizations, and the

interested public, as appropriate. In

addition to having a formal role under

the Act, SHPOs and Tribal Preservation

Officers can assist in identifying other

parties with interests, as well as sources

of information.

(e) The agency needs to inform other

agencies, organizations, and the public

in a timely manner about its projects

and programs, and about the possibility

of impacts on historic resources of

interest to them. However, the agency

cannot force a group to express its

views, or participate in the consultation.

These groups also bear a responsibility,

once they have been made aware that a

Federal agency is interested in their

views, to provide them in a suitable

format and in a timely fashion.

(f) Agency efforts to inform the public

about its projects and programs and

about the possibility of impacts on

historic resources must be carried out in

a manner consistent with the provisions

of section 304 of the Act, which calls for

withholding from disclosure to the

public information on the location,

character, or ownership of a historic

resource where such disclosure may:

(1) Cause a significant invasion of

privacy;

(2) Risk harm to the historic resource;

or,

(3) Impede the use of a traditional

religious site by practitioners.

Consultation with Native Americans

(g) Inclusion of Indian tribes and

Native Hawaiian organizations in the

consultation process is imperative and

is specifically mandated by the Act (Sec.

110(a)(2)(D)):

(1) Properties with traditional

religious and cultural importance to

Native American and Native Hawaiian

groups may be eligible for the National

Register; such properties must be

considered, and the appropriate Native

American and/or Native Hawaiian

groups must be consulted in project and

program planning through the section

106 review process (see NHPA Sec.

101(d)(6)(A&B);

(2) Section 101(d)(2) of the Act

provides that Indian tribes may assume

State Historic Preservation Officer

responsibilities on tribal lands, when

approved to do so by the Secretary of

the Interior. In those cases where a tribe

has assumed such responsibilities on

tribal lands, a Federal agency must

consult with the tribe instead of the

SHPO, in order to meet agency

responsibilities for consultation

pursuant to the Act;

(3) The Native American Graves

Protection and Repatriation Act of 1990

(NAGPRA) establishes consultation

requirements (43 CFR part 10) that may

affect or be affected by consultation

pursuant to section 106 of the NHPA

concerning activities on Federal and

Tribal lands that could affect human

remains and cultural items. The

Archeological Resources Protection Act

of 1979 and its uniform regulations also

require consultation with tribes and

provide a formal process of notification

(16 U.S.C. 470cc–dd);

(4) Section 110 requires that an

agency’s efforts to comply with section

106 must also be consistent with the

requirements of section 3(c) of NAGPRA

concerning the disposition of human

remains and Native American cultural

items from Federal and tribal lands.

(h) Where those consulted do not

routinely or customarily participate in

traditional governmental means of

consultation (e.g., through public

meetings, exchanges of

correspondence), reasonable efforts

should be made to accommodate their

cultural values and modes of

communication.
Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices 20505

Standard 6. An agency manages and

maintains historic properties under its

jurisdiction or control in a manner that

considers the preservation of their

historic, architectural, archeological,

and cultural values. (Sec. 110(a)(1), sec.

110(a)(2)(B), sec. 110(b)).

Guidelines

(a) Historic properties include any

prehistoric or historic districts, sites,

buildings, structures, or objects listed

in, or eligible for inclusion in, the

National Register of Historic Places,

including artifacts, records, and material

remains related to such properties. To

the extent feasible, as part of its

property management program, the

agency should endeavor to retain

historic buildings and structures in their

traditional uses and to maintain

significant archeological sites and

landscapes in their undisturbed

condition. (See Secretary of the

Interior’s Standards for the Treatment of

Historic Properties (36 CFR part 68), and

Guidelines for Preserving,

Rehabilitating, Restoring &

Reconstructing Historic Buildings and

Guidelines for the Treatment of Historic

Landscapes.)

(b) Where it is no longer feasible to

continue the traditional use of a historic

structure or to maintain a significant

archeological site or cultural landscape

in undisturbed condition, the agency

should consider an adaptive use that is

compatible with the historic property.

Adaptive use proposals must be

reviewed in accordance with section

106 of the Act. The agency should

consider as wide a range of adaptive use

options as is feasible given its own

management needs, cost factors, and the

needs of preservation. A use that

severely damages or destroys a historic

property is not consistent with the

section 110(a)(1) requirement to

preserve historic properties in

accordance with the professional

standards established pursuant to

section 101(g) of the Act.

(c) Where modification of a historic

property is required to allow it to meet

contemporary needs and requirements,

the agency should ensure that The

Secretary of the Interior’s Standards for

the Treatment of Historic Properties and

its accompanying guidelines are

followed. Agencies are authorized and

directed by section 110(a)(1) to carry out

(or cause a lessee or concessioner to

carry out) whatever preservation work is

necessary (e.g., rehabilitation or

documentation) in preparation for use.

Proposals to modify historic properties

must be reviewed in accordance with

section 106 of the Act. When such

modification requires disturbance of the

earth, and it is not feasible to avoid and

protect significant archeological

resources, the archeological resources

should be excavated and the data

recovered. Excavations should focus on

areas that will be disturbed during the

project, but overall excavation efforts

should be governed by a research design

intended to recover significant data

contained in the site. Doing so may

require excavation of adjacent deposits

of the site. All archeological work

should conform to the Secretary’s

‘‘Standards for Archeological

Documentation.’’ Under sections

101(a)(7)(A) and 110, agencies are also

responsible for ensuring that prehistoric

and historic material remains and

associated records recovered in

conjunction with projects and programs

are deposited in repositories capable of

proving adequate long-term curatorial

services (see 36 CFR part 79).

Additional requirements for the

management and ongoing care of

archeological resources may be found in

the Antiquities Act (16 USC 431–433)

and the Archeological Resource

Protection Act (16 USC 470aa–mm), and

their attendant regulations.

(d) Until and unless decisions are

made to manage them in some other

manner, historic properties, and

properties not yet formally evaluated

that may meet the criteria for inclusion

in the National Register, should be

maintained so that their preservation is

ensured through adherence to The

Secretary of the Interior’s Standards for

the Treatment of Historic Properties.

(e) The relative cost of various

management strategies for a historic

structure, ranging from full restoration,

to rehabilitation and adaptive use to

demolition and replacement with a

modern building, should be carefully

and objectively considered, with

reference to the pertinent requirements

of Executive Order 11912, as amended,

to the pertinent criteria established in

OMB Circular A–94, and to the

pertinent principles and methods set

forth in the National Bureau of

Standards Life-Cycle Costing Manual

(NBS Handbook 135).

(f) Applicable long and short-term

costs should be carefully considered as

part of any cost analysis. It is often the

case that the short-term costs of

preserving and rehabilitating a historic

structure are balanced by long-term

savings in maintenance or replacement;

on the other hand, failure to perform

needed cyclic maintenance may shorten

the life of a building and decrease the

value of investment in its rehabilitation.

(g) Where it is not feasible to maintain

a historic property, or to rehabilitate it

for contemporary use, the agency may

elect to modify it in ways that are

inconsistent with the Secretary’s

‘‘Standards for Rehabilitation,’’ allow it

to deteriorate, or demolish it. However,

the decision to act or not act to preserve

and maintain historic properties should

be an explicit one, reached following

appropriate consultation within the

section 106 review process and in

relation to other management needs.

(h) Where the agency determines in

accordance with section 106 that

maintaining or rehabilitating a historic

property for contemporary use in

accordance with the Secretary’s

Standards is not feasible, the agency

must provide for appropriate recording

of the historic property in accordance

with section 110(b) before it is altered,

allowed to deteriorate, or demolished.

Standard 7. An agency gives priority

to the use of historic properties in

carrying out agency missions. (Sec.

110(a)(1)).

Guidelines

(a) For the most part, use of historic

properties involves the integration of

those properties into the activities

directly associated with the agency’s

mission. However, the agency should

also be open to the possibility of other

uses, such as the use of traditional

sacred sites or plant gathering areas by

Native Americans, or use of an

archeological site as a public

interpretive facility.

(b) An agency with historic properties

under its jurisdiction and control

should maintain an inventory of those

properties that notes the current use and

condition of each property. The agency

should provide for regular inspection of

the properties and an adequate budget

for their appropriate maintenance.

(c) Section 110(a)(1) applies not only

to historic properties under an agency’s

ownership or control, but to other

historic properties available to an

agency. An agency that requires the use

of non-federal property is required to

give priority to the use of historic

properties. In such cases the agency

should notify potential private-sector

offerors of this priority and, if feasible,

offer incentives to help ensure that

historic properties will be offered.

(d) Where an agency carries out its

mission through the award of grant

funds for specific activities, and where

those activities will inevitably affect

historic properties, the agency should,

to the extent feasible, design its grants

programs so as to encourage grantees to

retain and make appropriate use of

historic properties in carrying out grantfunded activities.

(e) As provided for in section 111 of

the Act, the agency should consider
20506 Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices

leases, exchanges, and management

agreements with other parties as means

of providing for the continuing or

adaptive use of historic properties.

(f) Surplus properties that are listed in

or have been formally determined

eligible for the National Register can be

transferred to State, tribal, and local

governments for historic preservation

purposes through the Historic Surplus

Property Program. Additionally,

properties or portions of surplus

properties may be made available to

States or local agencies at no cost for

parks and recreation through

application to the Federal Lands-toParks Program. Contact the NPS’

Heritage Preservation Services Division

or its Recreation Resources Assistance

Division in Washington, D.C., for more

information on these programs.

(g) The use of historic properties is

not mandated where it can be

demonstrated to be economically

infeasible, or where historic properties

will not serve the agency’s

requirements. The agency’s

responsibility is to balance the needs of

the agency mission, the public interest

in protecting historic properties, the

costs of preservation, and other relevant

public interest factors in making such

decisions.

Definitions

(a) The Act or NHPA means the

National Historic Preservation Act of

1966, as amended, 16 U.S.C. 470 et seq.

(b) Advisory Council or Council

means the agency, fully titled the

Advisory Council on Historic

Preservation, established pursuant to

section 201 of Title II of the NHPA, that

is to be afforded a reasonable

opportunity under sections 106 and

110(f) of the NHPA to comment with

regard to proposed undertakings, as

defined in section 301(7) of the NHPA;

that reviews Federal programs pursuant

to section 202(a)(6) of the NHPA; and

with whose regulations outlining the

procedures for complying with the

requirements of section 106 of the

NHPA (‘‘Protection of Historic

Properties,’’ found at 36 CFR part 800)

in accordance with section

110(a)(2)(E)(i), other Federal agencies

procedures for compliance with section

106 must be consistent.

(c) Agency Head means the individual

Departmental Secretary, Executive

Director or Administrator of an agency,

as defined in the Council’s regulations

(36 CFR part 800).

(d) Cultural items is defined in the

Native American Graves Protection and

Repatriation Act of 1990 (NAGPRA, 25

U.S.C 3002(c)). It includes human

remains; associated and unassociated

funerary objects (consisting of items

intentionally placed with the body in a

grave, including those not in possession

of a Federal agency); sacred objects,

ceremonial objects important to the

practice of Native American traditional

religions; and objects of cultural

patrimony, those items having

historical, traditional, or cultural

importance to Indian tribes themselves.

For a complete definition see section

2(3)(A)–(D) of NAGPRA, and the

Department of Interior’s regulations

implementing the provisions of the Act

at 43 CFR part 10.

(e) Historic property or historic

resource is defined at section 301 of the

NHPA and means any prehistoric or

historic district, site, building, structure,

landscape or object included in, or

eligible for inclusion in the National

Register, including artifacts, records,

and material remains related to such a

property or resource. Section

101(d)(6)(A) of the National Historic

Preservation Act provides that

‘‘properties of traditional religious and

cultural importance to an Indian tribe or

Native Hawaiian organization may be

determined to be eligible for inclusion

on the National Register.’’

(f) Historic resource (see definition for

‘‘historic property’’).

(g) Indian tribe or tribe is defined at

section 301(4) of the NHPA and means

an Indian tribe, band, nation, or other

organized group or community,

including a Native village, Regional

Corporation or Village Corporation, as

those terms are defined in section 3 of

the Alaska Native Claims Settlement Act

(43 U.S.C. 1602), which is recognized as

eligible for the special programs and

services provided by the United States

to Indians because of their status as

Indians. The Secretary of the Interior is

responsible for determining an Indian

tribe’s eligibility for those special

programs and services.

(h) Memorandum of Agreement

means the document that records the

terms and conditions which have been

agreed upon to resolve the adverse

effects of an undertaking upon historic

properties.

(i) National Register is defined at

Section 301(6) of the NHPA and means

the list of districts, sites, buildings,

structures and objects significant in

American history, architecture,

archeology, engineering, and culture

established under section 101 of the

NHPA and maintained by the Secretary

of the Interior and fully titled the

‘‘National Register of Historic Places.’’

(j) Native Hawaiian is defined in the

NHPA at section 301(17) and means any

individual who is a descendant of the

aboriginal people who, prior to 1778,

occupied and exercised sovereignty in

the area that now constitutes the State

of Hawaii.

(k) Native Hawaiian organization as

defined at section 301(18) of the NHPA

means any organization which—

(1) Serves and represents the interests

of Native Hawaiians;

(2) Has as a primary and stated

purpose the provision of services to

Native Hawaiians; and,

(3) Has demonstrated expertise in

aspects of historic preservation that are

culturally significant to Native

Hawaiians.

The term includes, but is not limited

to, the Office of Hawaiian Affairs of the

State of Hawaii and Hui Malama I Na

Kapuna O Hawai’i Nei, an organization

incorporated under the laws of the State

of Hawaii.

(l) Preservation or historic

preservation as defined in the NHPA at

section 301(8) includes identification,

evaluation, recordation, documentation,

curation, acquisition, protection,

management, rehabilitation, restoration,

stabilization, maintenance, research,

interpretation, conservation, and

education and training regarding the

foregoing activities or any combination

of the foregoing activities.

(m) Preservation Officer means the

individual in the agency responsible for

managing the agency’s historic

preservation program and coordinating

all preservation activities. All federal

agencies are required to appoint a

Preservation Officer under section

110(c) of the National Historic

Preservation Act (unless specifically

exempted under section 214 of the

NHPA). The Preservation Officer and

the Agency Head are not necessarily one

and the same individual.

(n) Secretary is defined at section

301(11) of the NHPA and means the

Secretary of the Interior acting through

the Director of the National Park

Service, except where otherwise

specified.

(o) Secretary’s Standards means the

Secretary of the Interior’s Standards and

Guidelines for Archeology and Historic

Preservation (available from the

National Park Service), the project and

program standards and guidelines for

implementing the NHPA. They are

technical guidance concerning

archeological and historic preservation

activities and methods. The complete

Secretary’s Standards currently address

each of the following activities:

Preservation Planning, Identification,

Evaluation, Registration, Historical

Documentation, Architectural and

Engineering Documentation,

Archeological Documentation,

Treatment of Historic Properties
Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices 20507

(including Rehabilitation), and

Professional Qualifications.

(p) State Historic Preservation Officer

(SHPO) means the official appointed or

designated pursuant to section 101(b)(1)

of the NHPA to administer the State

historic preservation program or a

representative designated to act for the

SHPO.

(q) Traditional Cultural Property is

defined as a property that is associated

with cultural practices or beliefs of a

living community that (1) are rooted in

that community’s history, and (2) are

important in maintaining the continuing

cultural identity of the community.

Readers should refer to National

Register Bulletin 38: Guidelines for

Evaluating and Documenting

Traditional Cultural Properties

(available from the National Park

Service) for more information.

(r) Tribal Preservation Officer or

Tribal Historic Preservation Officer

means the official appointed or

designated by the Tribe to carry out the

historic preservation program

responsibilities that the Tribe has

assumed pursuant to section 101(d) of

the NHPA.

(s) Tribal lands is defined at section

301(14) of the NHPA and means—

(1) All lands within the exterior

boundaries of any Indian reservation;

and

(2) All dependent Indian

communities.

(t) Undertaking as defined in the

NHPA at section 301(7) means a project,

activity, or program funded in whole or

in part under the direct or indirect

jurisdiction of a Federal agency,

including—

(1) Those carried out by or on behalf

of the agency;

(2) Those carried out with Federal

financial assistance;

(3) Those requiring a Federal permit,

license, or approval; and

(4) Those subject to State or local

regulation administered pursuant to a

delegation or approval by a Federal

agency.

Appendix A

Section 110 of the National Historic

Preservation Act (16 U.S.C. 470h–2):

(a)(1) The heads of all Federal agencies

shall assume responsibility for the

preservation of historic properties which are

owned or controlled by such agency. Prior to

acquiring, constructing, or leasing buildings

for purposes of carrying out agency

responsibilities, each Federal agency shall

use, to the maximum extent feasible, historic

properties available to the agency. Each

agency shall undertake, consistent with the

preservation of such properties and the

mission of the agency and the professional

standards established pursuant to section

101(g), any preservation, as may be necessary

to carry out this section. (Standards 1, 6 and

7.)

(2) Each Federal agency shall establish

(unless exempted pursuant to section 214), in

consultation with the Secretary [of the

Interior], a preservation program for the

identification, evaluation, and nomination to

the National Register of Historic Places, and

protection of historic properties. (Standard

1.) Such program shall ensure—

(A) That historic properties under the

jurisdiction or control of the agency are

identified, evaluated, and nominated to the

National Register (Standards 2 and 3);

(B) That such properties under the

jurisdiction or control of the agency as are

listed in or may be eligible for the National

Register are managed and maintained in a

way that considers the preservation of their

historic, archeological, architectural, and

cultural values in compliance with section

106 and gives special consideration to the

preservation of such values in the case of

properties designated as having national

significance (Standard 4);

(C) That the preservation of properties not

under the jurisdiction or control of the

agency, but subject to be potentially affected

by agency actions are given full consideration

in planning (Standards 4 and 6);

(D) That the agency’s preservation-related

activities are carried out in consultation with

other Federal, State, and local agencies,

Indian tribes, Native Hawaiian organizations

carrying out historic preservation planning

activities, and with the private sector

(Standard 5); and

(E) That the agency’s procedures for

compliance with section 106—

(i) Are consistent with regulations issued

by the (Advisory) Council (on Historic

Preservation) pursuant to section 211

(Standard 4);

(ii) Provide a process for the identification

and evaluation of historic properties for

listing in the National Register and the

development and implementation of

agreements, in consultation with State

Historic Preservation Officers, local

governments, Indian tribes, Native Hawaiian

organizations, and the interested public, as

appropriate, regarding the means by which

adverse effects on such properties will be

considered (Standard 4); and

(iii) Provide for the disposition of Native

American cultural items from Federal or

tribal land in a manner consistent with

section 3(c) of the Native American Graves

Protection and Repatriation Act (25 U.S.C.

3002(c)) (Standard 4).

(b) Each Federal agency shall initiate

measures to assure that where, as a result of

Federal action or assistance carried out by

such agency, a historic property is to be

substantially altered or demolished, timely

steps are taken to make or have made

appropriate records, and that such records

then be deposited, in accordance with

section 101(a), in the Library of Congress or

with such other appropriate agency as may

be designated by the Secretary, for future use

and reference (Standard 6).

(c) The head of each Federal agency shall,

unless exempted under section 214,

designate a qualified official to be known as

the agency’s ‘‘preservation officer’’ who shall

be responsible for coordinating that agency’s

activities under this Act. Each Preservation

Officer may, in order to be considered

qualified, satisfactorily complete an

appropriate training program established by

the Secretary under section 101(h) (Standard

1).

(d) Consistent with the agency’s mission

and mandates, all Federal agencies shall

carry out agency programs and projects

(including those under which any Federal

assistance is provided or any Federal license,

permit, or other approval is required) in

accordance with the purposes of this Act

and, give consideration to programs and

projects which will further the purposes of

this Act (Standard 1).

(e) The Secretary shall review and approve

the plans of transferees of surplus federally

owned historic properties not later than

ninety days after his receipt of such plans to

ensure that the prehistorical, historical,

architectural, or culturally significant values

will be preserved or enhanced (Standard 7).

(f) Prior to the approval of any Federal

undertaking which may directly and

adversely affect any National Historic

Landmark, the head of the responsible

Federal agency shall, to the maximum extent

possible, undertake such planning and

actions as may be necessary to minimize

harm to such landmark, and shall afford the

Advisory Council on Historic Preservation a

reasonable opportunity to comment on the

undertaking (Standard 4).

(g) Each Federal agency may include the

costs of preservation activities of such agency

under this Act as eligible project costs in all

undertakings of such agency or assisted by

such agency. The eligible project costs may

also include amounts paid by a Federal

agency to any State to be used in carrying out

such preservation responsibilities of the

Federal agency under this Act, and

reasonable costs may be charged to Federal

licensees and permittees as a condition to the

issuance of such license or permit (Standard

1).

(h) The Secretary shall establish an annual

preservation awards program under which he

may make monetary awards in amounts not

to exceed $1,000 and provide citations for

special achievement to officers and

employees of Federal, State, and certified

local governments in recognition of their

outstanding contributions to the preservation

of historic resources. Such program may

include the issuance of annual awards by the

president of the United States to any citizen

of the United States recommended for such

award by the Secretary.

(i) Nothing in this Act shall be construed

to require the preparation of an

environmental impact statement where such

statement would not otherwise be required

under the National Environmental Policy Act

of 1969, and nothing in this Act shall be

construed to provide any exemption from

any requirement respecting the preparation

of such a statement under such Act.

(j) The Secretary shall promulgate

regulations under which the requirements of

this section may be waived in whole or in

part in the event of a major natural disaster

or an imminent threat to the national

security.
20508 Federal Register / Vol. 63, No. 79 / Friday, April 24, 1998 / Notices

(k) Each Federal agency shall ensure that

the agency will not grant a loan, loan

guarantee, permit, license, or other assistance

to an applicant who, with intent to avoid the

requirements of section 106, has

intentionally significantly adversely affected

a historic property to which the grant would

relate, or having the legal power to prevent

it, allowed such significant adverse effect to

occur, unless the agency, after consultation

with the Council, determines that

circumstances justify granting such

assistance despite the adverse effect created

or permitted by the applicant (Standard 4).

(l) With respect to any undertaking subject

to section 106 which adversely affects any

property included in or eligible for inclusion

in the National Register, and for which a

Federal agency has not entered into an

agreement with the Council, the head of such

agency shall document any decision made

pursuant to section 106. The head of such

agency may not delegate his or her

responsibilities pursuant to such section.

Where a section 106 memorandum of

agreement has been executed with respect to

an undertaking, such memorandum shall

govern the undertaking and all of its parts

(Standard 4).

Appendix B

Purposes of the National Historic

Preservation Act

Section 110(d) of the National Historic

Preservation Act (the Act) calls on all Federal

agencies, consistent with their mission and

mandates, to carry out their activities in

accordance with the purposes of the Act and

to consider programs and projects that will

further the purposes of the Act. The purposes

of the Act are set forth in sections 1 and 2.

These sections are directly germane to all

Federal preservation programs:

Section 1 (b) The Congress finds and declares

that—

(1) The spirit and direction of the Nation

are founded upon and reflected in its historic

heritage;

(2) The historical and cultural foundations

of the Nation should be preserved as a living

part of our community life and development

in order to give a sense of orientation to the

American people;

(3) Historic properties significant to the

Nation’s heritage are being lost or

substantially altered, often inadvertently,

with increasing frequency;

(4) The preservation of this irreplaceable

heritage is in the public interest so that its

vital legacy of cultural, educational,

aesthetic, inspirational, economic, and

energy benefits will be maintained and

enriched for future generations of Americans;

(5) In the face of ever-increasing extensions

of urban centers, highways, and residential,

commercial, and industrial developments,

the present governmental and

nongovernmental historic preservation

programs and activities are inadequate to

ensure future generations a genuine

opportunity to appreciate and enjoy the rich

heritage of our Nation;

(6) The increased knowledge of our historic

resources, the establishment of better means

of identifying and administering them, and

the encouragement of their preservation will

improve the planning and execution of

federal and federally assisted projects and

will assist economic growth and

development; and,

(7) Although the major burdens of historic

preservation have been borne and major

efforts initiated by private agencies and

individuals, and both should continue to

play a vital role, it is nevertheless necessary

and appropriate for the Federal Government

to accelerate its historic preservation

programs and activities, to give maximum

encouragement to agencies and individuals

undertaking preservation by private means,

and to assist State and local governments and

the National Trust for Historic Preservation

in the United States to expand and accelerate

their historic preservation programs and

activities.

Section 2: It shall be the policy of the Federal

Government, in cooperation with other

nations and in partnership with the

States, local governments, Indian tribes,

and private organizations and

individuals to—

(1) Use measures, including financial and

technical assistance, to foster conditions

under which our modern society and our

prehistoric and historic resources can exist in

productive harmony and fulfill the social,

economic, and other requirements of present

and future generations;

(2) Provide leadership in the preservation

of the prehistoric and historic resources of

the United States and of the international

community of nations and in the

administration of the national preservation

program in partnership with the States,

Indian tribes, Native Hawaiians, and local

governments;

(3) Administer federally owned,

administered, or controlled prehistoric and

historic resources in a spirit of stewardship

for the inspiration and benefit of present and

future generations;

(4) Contribute to the preservation of

nonfederally owned prehistoric and historic

resources and give maximum encouragement

to organizations and individuals undertaking

preservation by private means;

(5) Encourage the public and private

preservation and utilization of all usable

elements of the Nation’s historic built

environment; and

(6) Assist State and local governments,

Indian tribes and Native Hawaiian

organizations and the National Trust for

Historic Preservation in the United States to

expand and accelerate their historic

preservation programs and activities.

[FR Doc. 98–10972 Filed 4–23–98; 8:45 am]

BILLING CODE 4310–70–P