[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Proposed Rules]
[Pages 3599-3601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1043]



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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 68

RIN 1024-AC24


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

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) proposes to revise 36 CFR part 
68, The Secretary of the Interior's Standards for Historic Preservation 
Projects. Published in 1978, the standards apply to all proposed grant-
in-aid projects assisted through the National Historic Preservation 
Fund, focusing primarily on development projects involving buildings. 
Seven approaches to project work are defined in that document: 
Acquisition, protection, stabilization, preservation, rehabilitation, 
restoration, and reconstruction. Those standards are organized with 
general standards that apply to all historic preservation grant-in-aid 
projects, and specific standards that apply to specific grant-in aid 
projects, as appropriate. This proposed revision reduces the work 
approaches from seven to four: preservation, rehabilitation, 
restoration, and reconstruction. The total number of standards is 
subsequently reduced from 77 to 34; the acquisition section is deleted; 
and protection and stabilization are consolidated under preservation. 
In addition, the citation referencing the Tax Reform Act of 1976 is 
deleted.
    The revised Standards apply to all properties defined in the 
National Register of Historic Places: buildings, structures, sites, 
landscapes, objects, and districts. The goal of revision is to reduce 
the part in length, sharpen it in format and language and, in 
consequence, make it easier to understand and apply. Because of their 
broader application to all cultural property types, the revised 
standards are titled, ``The Secretary of the Interior's Standards for 
the Treatment of Historic Properties''. However, the philosophy of the 
revised standards remains unchanged and is consistent with existing 
historic preservation authorities.

DATES: Written comments will be accepted through March 20, 1995.

ADDRESSES: Comments should be addressed to: Chief, Preservation 
Assistance Division, P.O. Box 37127, Washington, DC 20013-7127.

FOR FURTHER INFORMATION CONTACT: Kay Weeks, (202) 343-9593.

SUPPLEMENTARY INFORMATION:

Background

    The Secretary of the Interior's Standards for Historic Preservation 
Projects were codified December 7, 1978, at 36 CFR part 1207 (43 FR 
57250), and redesignated at 36 CFR part 68 on July 1, 1981 (46 FR 
34329). These Standards are applied to all proposed grant-in-aid 
projects assisted through the National Historic Preservation Fund 
(HPF). They have focused primarily on acquisition and development 
projects for buildings listed in the National Register of Historic 
Places.
    The NPS is proposing to revise 36 CFR part 68, The Secretary of the 
Interior's Standards for Historic Preservation Projects, and replace it 
with broader standards to include all cultural property types. The 
proposed revision changes the title of the part to ``The Secretary of 
the Interior's Standards for the Treatment of Historic Properties''. 
Revisions to the existing Standards began in 1990 in conjunction with 
the National Conference of State Historic Preservation Officers, 
National Trust for Historic Preservation, and a number of other outside 
organizations. Standards have been evolving over time, with the 
majority of the concepts proposed here having been practiced 
successfully in field application. These practices are now being 
proposed as revisions to codified standards and are, in several ways, 
broader in approach and, most important, easier to use.
    First, they may be applied to all historic resource types, 
including buildings, sites, landscapes, structures, objects, and 
districts.
    Second, they eliminate the general and specific standards format, 
which tended to create a lengthy rule that was also confusing. In the 
existing rule, eight general standards apply to every project, even 
though the goals of work differ dramatically. In addition, specific 
standards apply to specific types of projects, thus acknowledging the 
differences in work approaches, but resulting in a total of 77 
standards. The revised standards remedy organizational problems that 
had existed in the earlier standards and create a clearer document for 
the user. For example, the definitions of the different treatments are 
expanded to assist selection of the most appropriate one; Sec. 68.4(a) 
relating to acquisition has been deleted because it is not a treatment; 
and protection and stabilization are consolidated under a single 
preservation treatment rather than being cited separately. As a result, 
the total number of treatments has been reduced from seven to four. 
[[Page 3600]] 
    Third, the total number of standards has been reduced from 77 to 
34, and the distinctions between the four treatments have been 
clarified in the standards themselves. Preservation focuses on the 
maintenance and repair of existing historic materials and retention of 
a property's form as it has evolved over time. Rehabilitation 
acknowledges the need to alter or add to a historic property to meet 
continuing or changing uses while retaining the property's historic 
character. Restoration is undertaken to depict a property at a 
particular period of time in its history, while removing evidence of 
other periods. Reconstruction recreates vanished or non-surviving 
portions of a property, generally for interpretive purposes.
    In summary, the simplification and sharpened focus of these revised 
sets of treatment Standards is intended to assist users in making sound 
historic preservation decisions. It should be noted that a slightly 
modified version of the Standards for Rehabilitation was codified in 36 
CFR part 67, and focuses on ``certified historic structures'' as 
defined by the IRS Code of 1986. These regulations are used in the 
Preservation Tax Incentives Program. Part 67 of 36 CFR should continue 
to be used when property owners are seeking certification for Federal 
tax benefits.

Public Participation

    The policy of the National Park Service is, whenever practicable, 
to afford the public an opportunity to participate in the rulemaking 
process. Accordingly, interested persons may submit written comments 
regarding this proposed rule to the address noted at the beginning of 
this rulemaking.

Drafting Information

    The primary authors of this proposed rule are Kay D. Weeks, 
Technical Writer-Editor, Preservation Assistance Division, and H. Ward 
Jandl, Deputy Chief, Preservation Assistance Division.

Paperwork Reduction Act

    This rulemaking does not contain information collection 
requirements that require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq.

Compliance With Other Laws

    The NPS has determined that this proposed rulemaking will not have 
a significant effect on the quality of the human environment, health 
and safety because it is not expected to:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) Introduce noncompatible uses which might compromise the nature 
and characteristics of the area, or cause physical damage to it;
    (c) Conflict with adjacent ownerships or land uses; or
    (d) Cause a nuisance to adjacent owners or occupants.
    Based on this determination, this proposed rulemaking is 
categorically excluded from the procedural requirements of the National 
Environmental Policy Act (NEPA) by Departmental guidelines in 516 DM 6, 
(49 FR 21438). As such, neither an Environmental Assessment nor an 
Environmental Impact Statement has been prepared.
    This rule was not subject to Office of Management and Budget (OMB) 
review under Executive Order 12866.

List of Subjects in 36 CFR Part 68

    Historic preservation.

    In consideration of the foregoing, 36 CFR part 68 is proposed to be 
revised to read as follows:

PART 68--THE SECRETARY OF THE INTERIOR'S STANDARDS FOR THE 
TREATMENT OF HISTORIC PROPERTIES

Sec.
68.1  Intent.
68.2  Definitions.
68.3  Standards.

    Authority: The National Historic Preservation Act of 1966, as 
amended (16 U.S.C. 470 et seq.); EO 11593, 3 CFR 75 (1971); sec. 2 
of Reorganization Plan No. 3 of 1950 (64 Stat. 1262).


Sec. 68.1  Intent.

    The intent of this part is to set forth standards for the treatment 
of historic properties containing standards for preservation, 
rehabilitation, restoration, and reconstruction. These standards apply 
to all proposed grant-in-aid development projects assisted through the 
National Historic Preservation Fund.


Sec. 68.2  Definitions.

    The standards for the treatment of historic properties will be used 
by the National Park Service and State historic preservation officers 
and their staff members in planning, undertaking, and supervising 
grant-assisted projects for preservation, rehabilitation, restoration, 
and reconstruction. For the purposes of this part:
    (a) Preservation means the act or process of applying measures 
necessary to sustain the existing form, integrity, and materials of an 
historic property. Work, including preliminary measures to protect and 
stabilize the property, generally focuses upon the ongoing maintenance 
and repair of historic materials and features rather than extensive 
replacement and new construction. New exterior additions are not within 
the scope of this treatment; however, the limited and sensitive 
upgrading of mechanical, electrical, and plumbing systems and other 
code-required work to make properties functional is appropriate within 
a preservation project.
    (b) Rehabilitation means the act or process of making possible an 
efficient compatible use for a property through repair, alterations, 
and additions while preserving those portions or features which convey 
its historical, cultural, or architectural values.
    (c) Restoration means the act or process of accurately depicting 
the form, features, and character of a property as it appeared at a 
particular period of time by means of the removal of features from 
other periods in its history and reconstruction of missing features 
from the restoration period. The limited and sensitive upgrading of 
mechanical, electrical, and plumbing systems and other code-required 
work to make properties functional is appropriate within a restoration 
project.
    (d) Reconstruction means the act or process of depicting, by means 
of new construction, the form, features, and detailing of a non-
surviving site, landscape, building, structure, or object for the 
purpose of replicating its appearance at a specific period of time and 
in its historic location.


Sec. 68.3   Standards.

    One set of standards--preservation, rehabilitation, restoration, or 
reconstruction--will apply to a property undergoing treatment, 
depending upon the property's significance, existing physical 
condition, the extent of documentation available, and interpretive 
goals, when applicable. The Standards will be applied taking into 
consideration the economic and technical feasibility of each project.
    (a) Preservation. (1) A property will be used as it was 
historically, or be given a new use that maximizes the retention of 
distinctive materials, features, spaces, and spatial relationships. 
Where a treatment and use have not been identified, a property will be 
protected and, if necessary, stabilized until additional work may be 
undertaken.
    (2) The historic character of a property will be retained and 
preserved. The replacement of intact or repairable historic materials 
or alteration of features, spaces, and spatial 
[[Page 3601]] relationships that characterize a property will be 
avoided.
    (3) Each property will be recognized as a physical record of its 
time, place, and use. Work needed to stabilize, consolidate, and 
conserve existing historic materials and features will be physically 
and visually compatible, identifiable upon close inspection, and 
properly documented for future research.
    (4) Changes to a property that have acquired historic significance 
in their own right will be retained and preserved.
    (5) Distinctive materials, features, finishes, and construction 
techniques or examples of craftsmanship that characterize a property 
will be preserved.
    (6) The existing condition of historic features will be evaluated 
to determine the appropriate level of intervention needed. Where the 
severity of deterioration requires repair or limited replacement of a 
distinctive feature, the new material will match the old in 
composition, design, color, and texture.
    (7) Chemical or physical treatments, if appropriate, will be 
undertaken using the gentlest means possible. Treatments that cause 
damage to historic materials will not be used.
    (8) Archeological resources shall be protected and preserved in 
place. If such resources must be disturbed, mitigation measures shall 
be undertaken.
    (b) Rehabilitation. (1) A property will be used as it was 
historically or be given a new use that requires minimal change to its 
distinctive materials, features, spaces, and spatial relationships.
    (2) The historic character of a property will be retained and 
preserved. The removal of distinctive materials or alteration of 
features, spaces, and spatial relationships that characterize a 
property will be avoided.
    (3) Each property shall be recognized as a physical record of its 
time, place, and use. Changes that create a false sense of historical 
development, such as adding conjectural features or elements from other 
historic properties, shall not be undertaken.
    (4) Changes to a property that have acquired historic significance 
in their own right shall be retained and preserved.
    (5) Distinctive materials, features, finishes, and construction 
techniques or examples of craftsmanship that characterize a property 
shall be preserved.
    (6) Deteriorated historic features will be repaired rather than 
replaced. Where the severity of deterioration requires replacement of a 
distinctive feature, the new feature will match the old in design, 
color, texture, and, where possible, materials. Replacement of missing 
features will be substantiated by documentary and physical evidence.
    (7) Chemical or physical treatments, if appropriate, will be 
undertaken using the gentlest means possible. Treatments that cause 
damage to historic materials will not be used.
    (8) Archeological resources shall be protected and preserved in 
place. If such resources must be disturbed, mitigation measures will be 
undertaken.
    (9) New additions, exterior alterations, or related new 
construction will not destroy historic materials, features, and spatial 
relationships that characterize the property. The new work will be 
differentiated from the old and will be compatible with the historic 
materials, features, size, scale and proportion, and massing to protect 
the integrity of the property and its environment.
    (10) New additions and adjacent or related new construction will be 
undertaken in such a manner that, if removed in the future, the 
essential form and integrity of the historic property and its 
environment would be unimpaired.
    (c) Restoration. (1) A property will be used as it was historically 
or be given a new use that interprets the property and its restoration 
period.
    (2) Materials and features from the restoration period will be 
retained and preserved. The removal of materials or alteration of 
features, spaces, and spatial relationships that characterize the 
period will be not be undertaken.
    (3) Each property will be recognized as a physical record of its 
time, place, and use. Work needed to stabilize, consolidate and 
conserve materials and features from the restoration period will be 
physically and visually compatible, identifiable upon close inspection, 
and properly documented for future research.
    (4) Materials, features, spaces, and finishes that characterize 
other historical periods will be documented prior to their alteration 
or removal.
    (5) Distinctive materials, features, finishes, and construction 
techniques or examples of craftsmanship that characterize the 
restoration period will be preserved.
    (6) Deteriorated features from the restoration period will be 
repaired rather than replaced. Where the severity of deterioration 
requires replacement of a distinctive feature, the new feature will 
match the old in design, color, texture, and, where possible, 
materials.
    (7) Replacement of missing features from the restoration period 
will be substantiated by documentary and physical evidence. A false 
sense of history will not be created by adding conjectural features, 
features from other properties, or by combining features that never 
existed together historically.
    (8) Chemical or physical treatments, if appropriate, will be 
undertaken using the gentlest means possible. Treatments that cause 
damage to historic materials will not be used.
    (9) Archeological resources affected by a project will be protected 
and preserved in place. If such resources must be disturbed, mitigation 
measures will be undertaken.
    (10) Designs that were never executed historically will not be 
constructed.
    (d) Reconstruction. (1) Reconstruction will be used to depict 
vanished or non-surviving portions of a property when documentary and 
physical evidence is available to permit accurate reconstruction with 
minimal conjecture, and such reconstruction is essential to the public 
understanding of the property.
    (2) Reconstruction of a landscape, building, structure, or object 
in its historic location will be preceded by a thorough archeological 
investigation to identify and evaluate those features and artifacts 
that are essential to an accurate reconstruction. If such resources 
must be disturbed, mitigation measures will be undertaken.
    (3) Reconstruction will include measures to preserve any remaining 
historic materials, features, and spatial relationships.
    (4) Reconstruction will be based on the accurate duplication of 
historic features and elements substantiated by documentary or physical 
evidence rather than on conjectural designs or the availability of 
different features from other historic properties. A reconstructed 
property will re-create the appearance of the non-surviving historic 
property in materials, design, color, and texture.
    (5) A reconstruction will be clearly identified as a contemporary 
re-creation.
    (6) Designs that were never executed historically will not be 
constructed.

    Dated: November 9, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-1043 Filed 1-17-95; 8:45 am]
BILLING CODE 4310-70-P