[Federal Register Volume 62, Number 117 (Wednesday, June 18, 1997)]
[Notices]
[Pages 33105-33115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15939]


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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: Notice.

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SUMMARY: The National Park Service is publishing for comment the 
proposed 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).

DATES: Comments should be submitted by August 18, 1997.


[[Page 33106]]


ADDRESSES: All comments concerning this notice should be addressed to: 
de Teel Patterson Tiller, Chief, Heritage Preservation Services 
Division (2255), National Center for Cultural Resource Stewardship and 
Partnerships Programs, National Park Service, P.O. Box 37127, 
Washington, D.C. 20013-7127; Attention: David Banks.

FOR FURTHER INFORMATION CONTACT: Mr. David M. Banks, 202-343-9518, 202-
343-1836 (facsimile), or e-mail to [email protected].

SUPPLEMENTARY INFORMATION: 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 section 110.
    In addition to comments on these standards and guidelines, the 
Advisory Council on Historic Preservation and the National Park Service 
want to know whether more detailed guidance is warranted, particularly 
regarding sections 110 (c) through (l).
    The proposal published here is a revision 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.

    Dated: April 29, 1997.
de Teel Patterson Tiller,
Chief, Heritage Preservation Services Division, National Center for 
Cultural Resource Stewardship and Partnership 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

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 means any prehistoric or 
historic district, site, building, structure, landscape or object 
included on, or eligible for inclusion on the National Register, 
including artifacts, records, and material remains related to such a 
property or resource. The term has been clarified to include 
``properties of traditional religious and cultural importance'' 
(formerly ``traditional cultural properties'') which are eligible for 
or listed on the National Register because of their association 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.
    (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 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) Secretary means the Secretary of the Interior acting through 
the Director of the National Park Service, except where otherwise 
specified.
    (n) 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 section 110. They are 
technical guidance concerning

[[Page 33107]]

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 (including Rehabilitation), and Professional Qualifications.
    (o) 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.
    (p) Traditional Cultural Property is defined as a property that is 
eligible for inclusion in the National Register of Historic Places 
because of its association 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.
    (q) 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.
    (r) 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.
    (s) 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.

Introduction

Section 110 of the National Historic Preservation Act (16 U.S.C. 470)

    Section 110 of the National Historic Preservation Act (NHPA) sets 
out the broad 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 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 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 those portions of sections 
1 and 2 of the NHPA that set out the purposes of that Act. Anyone 
unfamiliar with the purposes of the Act or with the specific provisions 
of section 110 as amended in 1992 should study 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. Instead, the 
Guidelines attempt to 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 Federal 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 a general policy statement followed by 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

[[Page 33108]]

interest, 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 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, P.O. Box 37127, Washington, D.C. 20013-
7127. The Secretary's review of an agency 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 
also 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 
Federal 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), Sec. 
101(g), Sec. 101(h), 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

    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 
Federal 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 assisted, licensed, or permitted 
activities initiated by non-federal entities on non-federally owned 
historic properties, the agency's preservation responsibility may be 
more narrowly

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cast as seeking to avoid or minimize any damage 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)]. The 
Secretary's evaluation of an agency's historic preservation program 
will be based on the Standards and Guidelines that follow.
    (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)]. The program 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 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;
    (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 an 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 preservation 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.
Federal Preservation Officer
    (k) The agency position responsible for coordinating the 
preservation program is the Federal Preservation Officer (FPO) required 
of all agencies by section 110(c) of the NHPA (unless specifically 
exempted under section 214 of the NHPA). An FPO 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 Federal Preservation Officers 
should have substantial experience administering Federal historic 
preservation activities and/or specifically assigned staff under their 
supervision who have such experience. In addition, section 112 of the 
NHPA as amended in 1992 requires that agency personnel responsible for 
historic preservation, and their contractors, meet applicable 
professional and qualifications standards as developed by the Office of 
Personnel Management in consultation with the National Park Service.
    (m) Each FPO should have sufficient agency-wide authority, staff, 
and other resources to carry out section 110 responsibilities 
effectively. Agency administrative systems should ensure that the FPO 
can review 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 FPO 
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 
rest with 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 FPO 
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 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), Sec. 
101(g), Sec. 101(h), 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. Effective management of historic 
properties requires that they first be identified. The level of 
identification needed can vary depending on the nature of the property 
or property type, the nature of the

[[Page 33110]]

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 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 Historic 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).
    (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 
possible, 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 should be 
carried out in consultation with the SHPO, the Tribal Historic 
Preservation Officer as appropriate, and others that may be interested 
in, or affected by such action.
    (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 should be carried out in consultation with the SHPO, the Tribal 
Historic Preservation Officer as appropriate, and others that may be 
interested in, or affected by such action.
    (f) Normally, an agency must seek to 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)]. In some cases, depending on management 
needs, it may not be necessary to identify exhaustively every historic 
property or historic property type. However, these decisions need to be 
reached in consultation with the SHPO, the Tribal Historic Preservation 
Officer as appropriate, other preservation professionals, and perhaps 
others (e. g. Native Americans), and must be fully justified. [Sec. 
110(a)(2)(D)].
    (g) Where identification and evaluation are carried out as part of 
a long-term property management program that is not driven by the needs 
of a particular project, 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. 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 ethnographic and archeological survey 
deferred until later. However, identification is not complete until all 
types of historic properties have been identified. Such work should be 
developed in consultation with the SHPO, the Tribal Historic 
Preservation Officer as appropriate, and other parties that may have 
knowledge of, or interest in, such properties.
    (h) Identification of historic properties is an ongoing process. As 
time passes, events occur, or scholarly and public thinking about 
historical significance changes, so that properties not previously 
regarded as historically significant can become historically 
significant. 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 in most cases be limited in scale and focussed on 
filling gaps left by prior studies and on reevaluating properties in 
light of the passage of time.
    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 that have not yet been nominated.
    (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 
impaired. Consequently, an agency should

[[Page 33111]]

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 60) set forth the 
nomination process.
    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 to consider its activities' impacts on our nation's 
historic properties. This responsibility extends to a systematic 
consideration of non-Federal properties outside the boundaries of a 
particular project or program but which may nevertheless be affected by 
the agency's activities. [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 of 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 procedures, as set forth in the Council's 
regulations. Agency procedures consistent with the Council's 
regulations either adhere to and expand upon the process set out in 36 
CFR 800, or they include modifications 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 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 
determines that ``circumstances justify granting such assistance 
despite the adverse effect created or permitted by the applicant.'' 
Where the agency concludes that anticipatory demolition has occurred, 
it must consult the Council before determining that justifying 
circumstances allow for granting such assistance. [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)].
    (j) In accordance with section 402 of the National Historic 
Preservation Act Amendments of 1980 (P.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.
National Historic Landmarks
    (k) 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.
    (l) 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

[[Page 33112]]

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.
    (m) 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 the section 106 process to the Secretary 
and the head of the agency responsible for the undertaking.
Overseas Historic Properties
    (n) The agency's preservation program should ensure that those 
agency officials, contractors, and other parties responsible for 
implementing 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.
    (p) An agency must give special consideration to impacts on 
National Historic Landmarks (NHLs). NHLs 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.'' [Sec. 
110(a)(2)(B) and Sec. 110(f)].
    Standard 5. An agency consults with knowledgeable and concerned 
parties outside the agency about its historic preservation related 
activities. [Sec. 110(a)(2)(D)].

Guidelines

Consultation General Principles
    (a) 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.
    (b) 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 the provision of 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 as legitimate, 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.
    (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 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 consultation with other Federal, State, 
and local agencies, Indian tribes, Native Hawaiian organizations, and 
the private sector. The appropriate SHPO or Tribal Historic 
Preservation Officer is an important point of contact. In addition to 
having a formal role under the Act, the SHPO or Tribal Historic 
Preservation Officer 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 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;
    (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

[[Page 33113]]

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.
    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) 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 significant archeological 
sites and landscapes in their undisturbed condition.
    (b) Where it is no longer feasible to continue the traditional use 
or maintain the undisturbed condition of a historic property, the 
agency should consider an adaptive use that is compatible with the 
historic property. 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. Adaptive use proposals must be reviewed in 
accordance with section 106 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. 
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. 
Excavation should be limited to the area that will be disturbed. All 
archeological work should conform to the Secretary's ``Standards for 
Archeological Documentation.'' 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.
    (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 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 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 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 to do so 
would greatly increase costs, or where historic

[[Page 33114]]

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 
management decisions.

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@ 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.
    (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

[[Page 33115]]

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 of the Act. These sections are directly germane to all Federal 
preservation programs:
    1(b)(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;
    1(b)(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;
    1(b)(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
    1(b)(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. 97-15939 Filed 6-17-97; 8:45 am]
BILLING CODE 4310-70-P