[Federal Register Volume 63, Number 79 (Friday, April 24, 1998)]
[Notices]
[Pages 20496-20508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10972]



[[Page 20495]]

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Part III





Department of the Interior





_______________________________________________________________________



National Park Service



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The Secretary of the Interior's Standards and Guidelines for Federal 
Agency Historic Preservation Programs Pursuant to the National Historic 
Preservation Act; Notice

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

[[Page 20496]]



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.

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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: <a href="/cdn-cgi/l/email-protection#dfbbbea9b6bb8080bdbeb1b4ac9fb1afacf1b8b0a9"><span class="__cf_email__" data-cfemail="224643544b467d7d40434c4951624c52510c454d54">[email protected]</span></a>.

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

[[Page 20497]]

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

[[Page 20498]]

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 all-encompassing 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

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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

[[Page 20500]]

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 
grant-funded 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 non-federally 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

[[Page 20501]]

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 
agency-specific. 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 
multiple-use 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 case-by-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

[[Page 20502]]

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.

[[Page 20503]]

    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

[[Page 20504]]

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-and-fast 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.

[[Page 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 
grant-funded activities.
    (e) As provided for in section 111 of the Act, the agency should 
consider

[[Page 20506]]

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-to-Parks 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

[[Page 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.

[[Page 20508]]

    (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


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