[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35842-35844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16953]



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DEPARTMENT OF THE INTERIOR
36 CFR Part 68

RIN 1024-AC24


The Secretary of the Interior's Standards for the Treatment of 
Historic Properties

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) published proposed revisions 
to 36 CFR part 68, The Secretary of the Interior's Standards for 
Historic Preservation Projects, on January 18, 1995 (60 FR 3599). The 
standards apply to all proposed grant-in-aid projects assisted through 
the National Historic Preservation Fund, focusing primarily on 
development projects involving buildings. The public was invited to 
comment for 60 days, with a closing date of March 20, 1995. No comments 
were received. A more thorough discussion of the revisions can be found 
in the proposed rule (60 FR 3599).

EFFECTIVE DATE: August 11, 1995.

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

SUPPLEMENTARY INFORMATION:

Background

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

[[Page 35843]]
slightly modified version of the Standards for Rehabilitation was 
codified in 36 CFR part 67, and focuses on ``certified historic 
structures'' as defined by the IRS Code of 1986. Those regulations are 
used in the Preservation Tax Incentives Program. 36 CFR part 67 should 
continue to be used when property owners are seeking certification for 
Federal tax benefits.

Drafting Information

    The primary authors of the final rule are Kay D. Weeks, 
Technical Writer-Editor, Preservation Assistance Division, and H. 
Ward Jandl, Deputy Chief, Preservation Assistance Division.
Paperwork Reduction Act
    This rulemaking does not contain information collection 
requirements that require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq.
Compliance With Other Laws
    This rule was not subject to review under Executive Order 12866. 
The Department of the Interior has determined that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    The NPS has determined that this rule will not have a significant 
effect on the quality of the human environment, health and safety 
because it is not expected to:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) Introduce incompatible uses that may compromise the nature and 
characteristics of the area, or cause physical damage to it;
    (c) Conflict with adjacent ownerships or land uses; or
    (d) Cause a nuisance to adjacent owners or occupants.
    Based on this determination, this final rule is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438). 
As such, neither an Environmental Assessment nor an Environmental 
Impact Statement has been prepared.
List of Subjects in 36 CFR Part 68
Historic Preservation
    In consideration of the foregoing, 36 CFR part 68 is revised to 
read as follows:

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

Sec.
68.1  Intent.
68.2  Definitions.
68.3  Standards.

    Authority: The National Historic Preservation Act of 1966, as 
amended (16 U.S.C. 470 et seq.); sec. 2124 of the Tax Reform Act of 
1976, 90 Stat. 1918; EO 11593, 3 CFR part 75 (1971); sec. 2 of 
Reorganization Plan No. 3 of 1950 (64 Stat. 1262).


Sec. 68.1  Intent.

    The intent of this part is to set forth standards for the treatment 
of historic properties containing standards for preservation, 
rehabilitation, restoration and reconstruction. These standards apply 
to all proposed grant-in-aid development projects assisted through the 
National Historic Preservation Fund. 36 CFR part 67 focuses on 
``certified historic structures'' as defined by the IRS Code of 1986. 
Those regulations are used in the Preservation Tax Incentives Program. 
36 CFR part 67 should continue to be used when property owners are 
seeking certification for Federal tax benefits.


Sec. 68.2  Definitions.

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


Sec. 68.3  Standards.

    One set of standards--preservation, rehabilitation, restoration or 
reconstruction--will apply to a property undergoing treatment, 
depending upon the property's significance, existing physical 
condition, the extent of documentation available and interpretive 
goals, when applicable. The standards will be applied taking into 
consideration the economic and technical feasibility of each project.
    (a) Preservation. (1) A property will be used as it was 
historically, or be given a new use that maximizes the retention of 
distinctive materials, features, spaces and spatial relationships. 
Where a treatment and use have not been identified, a property will be 
protected and, if necessary, stabilized until additional work may be 
undertaken.
    (2) The historic character of a property will be retained and 
preserved. The replacement of intact or repairable historic materials 
or alteration of features, spaces and spatial relationships that 
characterize a property will be avoided.
    (3) Each property will be recognized as a physical record of its 
time, place and use. Work needed to stabilize, consolidate and conserve 
existing historic materials and features will be physically and 
visually compatible, identifiable upon close inspection and properly 
documented for future research.
    (4) Changes to a property that have acquired historic significance 
in their own right will be retained and preserved.
    (5) Distinctive materials, features, finishes and construction 
techniques or examples of craftsmanship that characterize a property 
will be preserved. 

[[Page 35844]]

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

    Dated: June 9, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-16953 Filed 7-11-95; 8:45 am]
BILLING CODE 4310-70-P