[Federal Register Volume 72, Number 244 (Thursday, December 20, 2007)]
[Proposed Rules]
[Pages 72319-72322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24746]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1281

[NARA-07-0005]
RIN 3095-AA82


Presidential Library Facilities

AGENCY: National Archives and Records Administration.

ACTION: Proposed rule.

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SUMMARY: The National Archives and Records Administration (NARA) is 
issuing regulations under the Presidential Libraries Act (PLA) 
amendments of 1986 (codified at 44 U.S.C. 2112). Section 2112 requires 
the Archivist of the United States to promulgate architectural and 
design standards for Presidential libraries and to report to Congress 
before he accepts title to or enters into an agreement to use land, a 
facility, and equipment as a Presidential library. The Archivist must 
also report to Congress before accepting a gift for the purpose of 
making any physical or material change or addition to an existing 
library. Because new Presidential libraries have traditionally been 
built by private, nonprofit charitable foundations, either by 
themselves or in collaboration with state and local government or 
universities, this proposed rule will affect these nonfederal entities.

DATES: Comments on the proposed rule must be received by February 19, 
2008.

ADDRESSES: NARA invites interested persons to submit comments on this 
proposed rule. Comments may be submitted by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: Submit comments by facsimile transmission to 301-837-
0319.
     Mail: Send comments to Regulations Comments Desk (NPOL), 
Room 4100, Policy and Planning Staff, National Archives and Records 
Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
     Hand Delivery or Courier: Deliver comments to 8601 Adelphi 
Road, College Park, MD.

FOR FURTHER INFORMATION CONTACT: Nancy Allard at (301) 837-1477 or 
Laura McCarthy at (301) 837-3023.

SUPPLEMENTARY INFORMATION: New Presidential libraries have 
traditionally been built by private, nonprofit charitable foundations 
that raise money from non-federal sources. State and local governments 
and universities may help with construction by providing land, money, 
and infrastructure improvements for the library. Upon completion of the 
library, the land, facility, and equipment comprising the library are 
either donated to the National Archives and Records Administration 
(NARA) or made available for its use, usually in perpetuity.
    The Archivist is authorized to accept new libraries, as well as 
gifts that modify existing libraries, pursuant to 44 U.S.C. 2112. That 
provision also requires the Archivist to promulgate architectural and 
design standards for Presidential libraries and to ensure that an 
endowment to defray a portion of the cost of building operations is 
established by the donor of a new library and deposited in the National 
Archives Trust Fund prior to the Archivist's acceptance of the library.
    The endowment requirement applies to the library of any President 
who took the oath of office as President for the first time on or after 
January 20, 1985 (i.e., for the libraries of President George H.W. Bush 
and all subsequent presidents). The amount of the endowment is based on 
several factors specified in statute, including the size and cost of 
the facility that is turned over to NARA. This regulation defines the 
method to be used for calculating size and cost, as well as the 
equipment covered by the endowment requirement. In connection with 
determining the size of a Presidential library, NARA uses the Building 
Owners and Managers Association (BOMA) Standard Method for Measuring 
Floor Areas in Office Buildings, dated June 7, 1996, ANSI Z76.1-1996.
    Before the Archivist can accept and take title to or enter into an 
agreement to use land, a facility, and equipment as a Presidential 
library, he must submit a written report on the proposed Presidential 
archival depository to Congress. The report must include, among other 
things, certification that the facility and equipment meet the 
architectural and design standards for Presidential libraries as 
promulgated by the Archivist, and information about the

[[Page 72320]]

cost of the library and the size of the endowment being provided.
    We published a notice of proposed rulemaking on August 25, 1998 (63 
FR 45203), for a 60-day comment period. No comments were received, but 
NARA decided to defer completion of the rulemaking. This proposed rule, 
rewritten in plain language format, replaces the previous proposal and 
reflects statutory changes that have gone into effect since then.
    This proposed rule is not a significant regulatory action for the 
purposes of Executive Order 12866. As required by the Regulatory 
Flexibility Act, it is hereby certified that this proposed rule will 
not have a significant impact on small entities.

Paperwork Reduction Act

    This proposed rule contains information collection activities which 
are subject to review and approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995. These 
information collection requirements, contained in Sec. Sec.  1281.16 
and 1281.18 have been approved by OMB under the control number 3095-
0036 with a current expiration date of June 30, 2008.

List of Subjects in 36 CFR Part 1281

    Archives and records, Federal buildings and facilities, Reporting 
and recordkeeping.

    For the reasons set forth in the preamble, NARA proposes to add a 
new Part 1281 in Subchapter G of Chapter XII, Title 36, Code of Federal 
Regulations, to read as follows:

PART 1281--PRESIDENTIAL LIBRARY FACILITIES

Sec.
1281.1 What is the scope of this part?
1281.2 What definitions apply to this part?
1281.4 What are the architectural and design standards for 
Presidential libraries?
1281.6 What certifications must be provided to NARA?
1281.8 What information must be provided to NARA for its report to 
Congress on a new Presidential library facility?
1281.10 When does a foundation consult with NARA before offering a 
gift of a physical or material change, or addition to an existing 
library?
1281.12 What information must be provided to NARA for its report to 
Congress on a change or addition to a Presidential library facility?
1281.14 What type of endowment is required for a Presidential 
library?
1281.16 What standard does NARA use for measuring building size?
1281.18 Publications incorporated by reference.

    Authority: 44 U.S.C. 2104(a), 2112.


Sec.  1281.1  What is the scope of this part?

    (a) This part implements provisions of the Presidential Libraries 
Act, codified at 44 U.S.C. 2112(a) and (g).
    (1) The Act requires the Archivist of the United States to 
promulgate architectural and design standards for new and existing 
Presidential libraries in order to ensure that such depositories:
    (i) Preserve Presidential records subject to Chapter 22 of this 
title and papers and other historical materials accepted for deposit 
under section 2111 of this title; and
    (ii) Contain adequate research facilities.
    (2) In addition the Archivist must submit a written report to the 
Congress before accepting new libraries or certain proposed physical or 
material changes or additions to an existing library; and to ensure, 
for existing libraries subject to the mandatory endowment requirement, 
that the endowment specified by 44 U.S.C. 2112(g) has been transferred 
to the National Archives Trust Fund before acceptance by the Archivist.
    (b) This part applies to design and construction of new libraries 
that are offered to NARA on or after the effective date of this 
regulation and to material changes or additions to new and existing 
libraries funded wholly by gift on or after that date.


Sec.  1281.2  What definitions apply to this part?

    The following definitions apply to this part:
    Architectural and design standards. This term refers to the 
document cited in Sec.  1281.4.
    Archival functions. The term means arranging, describing, 
reviewing, preserving, reproducing, restoring, exhibiting, and making 
available Presidential and other records and historical materials in 
the care and custody of the Presidential libraries, and includes the 
salaries and expenses of NARA personnel performing those functions.
    BOMA standard. This term refers to the Building Owners and Managers 
Association (BOMA) Standard Method for Measuring Floor Areas in Office 
Buildings, dated June 7, 1996, and also listed as ANSI Z65.1-1996, that 
has been adopted by NARA as the standard for measuring the size of the 
facility and the value for calculating the endowment.
    Endowment library. This term means a Presidential library that is 
subject to the endowment requirements of 44 U.S.C. 2112(g). The term 
includes the existing libraries of presidents who took the oath of 
office as President for the first time on or after January 20, 1985, 
the proposed library of President George W. Bush, and the libraries of 
presidents who take the oath of office as President for the first time 
on or after July 1, 2002.
    Equipment. As used in this part, the term means operating equipment 
that must be furnished with the new library and included in the 
calculation of the required endowment. Operating equipment is 
fundamental to the operation of the library and is normally built into 
the facility or permanently mounted to the structure.
    Existing library. This term means a Presidential library that has 
been accepted by the Archivist under 44 U.S.C. 2112(a) and established 
as part of the system of Presidential libraries managed by NARA.
    Facility operations. This term means those activities, including 
administrative services, involved with maintaining, operating, 
protecting, and improving a Presidential library.
    Foundation. This term means a private organization organized under 
state law to construct a new Presidential library. The term usually 
refers to nonprofit charitable organizations that meet the requirements 
of Section 501(c)(3) of the Internal Revenue Code (26 CFR 501(c)(3)). 
The term specifically includes ``foundation'' and ``institute,'' as 
those terms are used in 44 U.S.C. 2112(a)(1)(B).
    Historical materials. The term ``historical materials'' has the 
meaning set forth at 44 U.S.C. 2101.
    New library. This term means a Presidential library for a President 
who took the oath of office as President for the first time on or after 
January 20, 1985, that has not been accepted by the Archivist under 44 
U.S.C. 2112(a). Presidential libraries that have been accepted by the 
Archivist and established as part of the system of Presidential 
libraries that are managed by NARA are ``existing libraries.''
    Physical or material change or addition. This term means any 
addition of square footage, as defined by the BOMA Standard, or any 
physical or material change to the existing structure of an existing 
library that results in a significant increase in the cost of facility 
operations.
    Presidential library. This term means a Presidential archival 
depository as defined in 44 U.S.C. 2101.
    Presidential records. The term has the meaning set forth at 44 
U.S.C. 2201.


Sec.  1281.4  What are the architectural and design standards for 
Presidential libraries?

    The Archivist is required by 44 U.S.C. 2112(a)(2) to promulgate 
architectural and design standards for Presidential

[[Page 72321]]

libraries. The standards address the architectural, design, and 
structural requirements of a new Presidential library and additions or 
renovations, and they ensure that Presidential libraries are safe and 
efficient to operate and provide adequate and secure research and 
museum facilities. A copy of the standards is provided to the 
foundation upon request and is available from the Office of 
Presidential Libraries (NL), Room 2200, 8601 Adelphi Rd., College Park, 
MD 20740-6001.


Sec.  1281.6  What certifications must be provided to NARA?

    (a) The foundation must provide to NARA design and construction 
certifications specified in the architectural and design standards.
    (b) Any item that NARA finds is not in compliance with the 
architectural and design standards must be corrected by the foundation 
or, if not corrected by the foundation, will be corrected by NARA with 
the foundation paying the full cost of taking necessary corrective 
action.


Sec.  1281.8  What information must be provided to NARA for its report 
to Congress on a new Presidential library facility?

    (a) NARA must submit a report to Congress on a proposed new library 
pursuant to 44 U.S.C. 2112(a)(3). The foundation that is building the 
library must help NARA as necessary in compiling the information needed 
for this report. If a State, political subdivision, university, 
institution of higher learning, or institute participates in the 
construction of the new library (e.g., by making land available for the 
facility), that party is subject to the same requirement. Requested 
information must be sent to the Office of Presidential Libraries (NL), 
Room 2200, 8601 Adelphi Rd., College Park, MD 20740-6001 far enough in 
advance of the anticipated date of transfer of the Library for NARA to 
compile and submit the report so that it may lie before Congress for 
the minimum time period specified in 44 U.S.C. 2112(a)(5). The normal 
lead time for submitting the required information is at least six 
months in advance of the anticipated date of transfer, but the 
submission date is subject to negotiation between NARA and the 
foundation in specific cases. The collection of information by NARA for 
these purposes has been approved under the Paperwork Reduction Act by 
the Office of Management and Budget with the control number 3095-0036.
    (b) Paragraph (a)(3) of 44 U.S.C. 2112 lists the information that 
NARA must include in its report to Congress. The foundation and NARA 
will agree as part of the planning process for a new library on what 
information the foundation will provide and when. The same requirement 
applies to other entities involved in the construction of a new library 
(e.g., a local government or university). Foundations will normally be 
responsible, at a minimum, for providing the following information to 
NARA:
    (1) A description of the land, facility, and equipment offered as a 
gift or to be made available without transfer of title, which must 
include:
    (i) The legal description of the land, including plat, and evidence 
of clear title to the land upon which the library is constructed;
    (ii) Site plan, floor plans, building sections and elevations, 
artist's representation of building and grounds;
    (iii) Description of building contents, including furniture, 
equipment, and museum installations; and
    (iv) Measurement of the facility in accordance with Sec.  1281.16;
    (2) A statement specifying the estimated total cost of the library 
and the amount of the endowment required pursuant to 44 U.S.C. 2112(g);
    (3) An offer or other statement setting forth the terms of the 
proposed agreement for transfer or use of the facility, if any;
    (4) Copies of any proposed agreements between the state, other 
political subdivision, the donating group, other institutions, and the 
United States which may affect ownership or operation of the library 
facility;
    (5) A statement of and copies of any proposed agreements concerning 
the proposed support of library programs by non-federal sources; and
    (6) A statement on cost-saving design features of the building.
    (7) A written certification that the library and the equipment 
therein will comply with NARA standards.


Sec.  1281.10  When does a foundation consult with NARA before offering 
a gift of a physical or material change, or addition to an existing 
library?

    A foundation must consult with the Office of Presidential Libraries 
before beginning the process of offering a gift for the purpose of 
making a physical or material change or addition to a new or existing 
library. NARA will furnish the interested foundation the current 
architectural and design standards as specified in Sec.  1281.4. Others 
may request a single copy by writing the Office of Presidential 
Libraries (NL), Room 2200, 8601 Adelphi Road, College Park, Maryland 
20740-6001.


Sec.  1281.12  What information must be provided to NARA for its report 
to Congress on a change or addition to a Presidential library facility?

    (a) NARA must submit a report to Congress on a proposed physical or 
material change or addition to an existing library that is being funded 
wholly by gift. The foundation or other party offering the gift to NARA 
must help NARA as necessary in compiling the information needed for the 
report. Required information must be sent to the Office of Presidential 
Libraries (NL), Room 2200, 8601 Adelphi Rd., College Park, MD 20740-
6001, far enough in advance of the Archivist's acceptance of the gift 
for NARA to compile and submit the report to Congress in accordance 
with 44 U.S.C. 2112(a)(5). The normal lead time for submitting the 
required information on physical or material changes or additions is at 
least nine (9) months in advance of the anticipated date that work will 
begin on the physical or material change or addition to the library. 
The collection of information contained in this section has been 
approved under the Paperwork Reduction Act by the Office of Management 
and Budget with the control number 3095-0036.
    (b) Paragraph (a)(4) of 44 U.S.C. 2112 lists the information that 
NARA must include in its report to Congress. The donor and NARA will 
agree as part of the planning process what information the donor will 
provide and when, but donors will normally be responsible, at a 
minimum, for providing the following information to NARA:
    (1) A description of the gift, which must include as appropriate:
    (i) The legal description of the land, including plat;
    (ii) Site plan, floor plans, building sections and elevations, 
artist's representation of building and grounds as they will be 
affected by the gift;
    (iii) Description of building contents that are part of the gift, 
including furniture, equipment, and museum installations;
    (iv) For endowment libraries, a measurement of the addition or 
change to the facility in accordance with Sec.  1281.14; and
    (v) A review of all critical spaces where NARA holdings will be 
stored, used, or exhibited, including information on life-safety, 
environmental, holdings storage, and other systems against NARA 
standards.
    (2) A statement of the estimated total cost of the proposed 
physical or material change or addition to the library, and, for 
endowment libraries, an estimate of the amount of the additional

[[Page 72322]]

endowment required pursuant to 44 U.S.C. 2112(g).
    (3) A statement of the purpose of the proposed change or addition.
    (4) A written certification that the library and the equipment 
therein will comply with NARA standards after the change or addition is 
made.


Sec.  1281.14  What type of endowment is required for a Presidential 
library?

    (a) Endowment requirement--new libraries. The foundation or 
organization that is offering NARA a new Presidential library must 
establish an endowment for the library, by gift or bequest, in the 
National Archives Trust Fund before the Archivist may accept the 
transfer of the library. The purpose of the endowment is to help NARA 
defray the cost of facility operations. The endowment requirement for 
the prospective new library of President George W. Bush is set forth in 
paragraphs 2 and 3 of 44 U.S.C. 2112(g). The endowment requirements for 
the new libraries of presidents taking the oath of office from the 
first time on or after July 1, 2002, are set forth in paragraphs 2, 3, 
and 5 of 44 U.S.C. 2112(g).
    (b) Endowment requirement--change or addition to an endowment 
library. For a proposed physical or material change or addition to an 
endowment library that is being funded wholly by gift, the foundation 
or other organization that is offering the gift must agree, as a 
condition of the gift, to transfer monies by gift or bequest to the 
library's existing endowment in the National Archives Trust Fund in an 
amount sufficient to satisfy the requirements of paragraphs 2, 3, and 5 
of 44 U.S.C. 2112(g). The Archivist must determine that the additional 
endowment monies have been transferred to the Trust Fund before he 
accepts the gift of the physical or material change or addition.
    (c) Use of endowment income. The income from a library's endowment 
is available to cover the cost of facility operations, but is not 
available for the performance of archival functions.
    (d) Calculating a library's endowment. The formulas for calculating 
the required endowment are set forth in 44 U.S.C. 2112(g)(3)-(5).
    (e) Equipment costs that must be included in the endowment 
calculation. The cost of all operating equipment provided with a new 
library must be included in the endowment calculation pursuant to 44 
U.S.C. 2112(g)(3). The Archivist will provide in the architectural and 
design standards, a list of equipment guidelines, recommendations, and 
minimum requirements for a foundation's use in designing and building a 
new library. The list is not exhaustive and requirements may change 
with evolving technology, program requirements, and the final library 
design.
    (f) Formula for a shared use library building. For endowment 
purposes, the construction cost of a shared use library building 
containing both NARA and Foundation-controlled areas will be determined 
using the following formula: The percentage of the usable square 
footage of the NARA-controlled areas to the usable square footage of 
the entire building multiplied by the cost of the entire building. That 
figure is then used in calculating a library's endowment as specified 
by subsection (d) of this section and 44 U.S.C. 2112(g)(3)-(5).


Sec.  1281.16  What standard does NARA use for measuring building size?

    For purposes of 44 U.S.C. 2112(g)(3) and (4), and this part, NARA 
has adopted the BOMA Standard Method for Measuring Floor Areas in 
Office Buildings (ANSI Z65.1-1996) as the standard for measuring the 
size of the facility and the value for calculating the endowment. The 
architectural and design standards contain the description of the area 
to be measured as to obtain the useable square footage and the 
exclusions to the measurement.


Sec.  1281.18  Publications incorporated by reference.

    The Building Owners and Managers Association (BOMA) Standard Method 
for Measuring Floor Areas in Office Buildings, ANSI Z65.1-1996, dated 
June 7, 1996, is hereby incorporated by reference in this part. The 
standard cited in this paragraph is available from the American 
National Standards Institute, (ANSI), Inc., 11 West 42nd Street, New 
York, NY 10036. It is also available for inspection at the Office of 
the Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, DC. This incorporation by reference will be submitted for 
approval by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated by 
reference as they exist on the date of approval and a notice of any 
change in these materials will be published in the Federal Register.

    Dated: December 14, 2007.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E7-24746 Filed 12-19-07; 8:45 am]
BILLING CODE 7515-01-P