[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Rules and Regulations]
[Pages 34197-34201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13465]


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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: Final 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

[[Page 34198]]

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 accepting title to or 
entering 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 rule will affect these 
nonfederal entities.

DATES: This regulation is effective July 17, 2008. The incorporation by 
reference of the publication listed in the rule is approved by the 
Director of the Federal Register as of July 17, 2008.

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

SUPPLEMENTARY INFORMATION: On December 20, 2007, NARA published a 
proposed rule (72 FR 72319) for a 60 day comment period on new 
regulations for Presidential libraries under the Presidential Libraries 
Act (PLA) amendments of 1986 (codified at 44 U.S.C. 2112). We received 
two comments on the proposed rule, from an architectural firm and a 
mobile shelving manufacturer. The commenters noted concern with 
requirements found in the architectural and design standards 
promulgated by the Archivist and referenced in Sec.  1281.4; the 
requirements are not in the proposed regulations themselves.
    Both commenters questioned the ability to comply with limiting the 
size of the archival depository to 70,000 square feet if the height of 
the mobile shelving is limited to 111'', as stated in the referenced 
architectural and design standards, and noted that NARA has provided 
exceptions to that height in two recent Presidential libraries.
    To address these comments, NARA has revised the architectural and 
design standards to allow for mobile shelving higher than 111'' if the 
proposed shelving configuration (including the proposed fire 
suppression and fire detection systems) are evaluated by the designer 
and approved by NARA for conformance with NARA's maximum loss criteria. 
The method of evaluation of the proposed shelving configuration must be 
either by live fire testing performed at a nationally recognized live 
fire testing facility or by computer modeling. NARA also corrected the 
maximum loss criteria to 300 cubic feet of records lost in a single 
fire event. This criteria applies to all NARA archival space.
    The last comment by the architectural firm concerns the 
recommendation for building efficiency in the architectural and design 
standards referred to in Sec.  1281.4. NARA recommends a design goal of 
at least 75% building efficiency (the ratio of usable to gross square 
footage) which is a major influence on the costs of operating and 
maintaining a facility. The firm did not believe recently constructed 
libraries have met this recommendation and does not believe it 
feasible, given the functional requirements of the width circulation 
for moving items in the archival spaces or the space required for large 
crowds. The firm believes a more realistic efficiency ratio should 
replace the current recommendation. NARA emphasizes that this is stated 
in the standards as a design recommendation, not a requirement. We must 
report the anticipated operations and maintenance costs in our report 
to Congress and a building efficiency significantly lower than 75% will 
affect the estimated operations and maintenance costs. As a result, we 
did not change the recommended building efficiency ratio in response to 
the firm's comment.
    This final 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.  1281.8 and 
1281.12 have been approved by OMB under the control number 3095-0036 
with a current expiration date of June 30, 2008.
    This final 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. This rule is not a 
major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of 
Agency Rulemaking.

List of Subjects in 36 CFR Part 1281

    Archives and records, Federal buildings and facilities, 
Incorporation by reference, Reporting and recordkeeping.

PART 1281--PRESIDENTIAL LIBRARY FACILITIES

    For the reasons set forth in the preamble, 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 publications are incorporated by reference?
1281.3 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?

    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). 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 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 contain 
adequate research facilities. 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 July 17, 2008 and to material 
changes or additions to new and existing libraries funded wholly by 
gift on or after that date.


Sec.  1281.2  What publications are incorporated by reference?

    (a) The materials listed in this section are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were

[[Page 34199]]

approved 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 as 
they exist on the date of the approval, and notice of any change in 
these materials will be published in the Federal Register. The 
materials are available for purchase at the corresponding addresses 
noted below. You may inspect a copy at the National Archives and 
Records Administration, 8601 Adelphi Road, College Park, MD 20740 or at 
the Office of the Federal Register (OFR). For information on the 
availability of this material at the OFR, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The following materials are available for purchase from the 
Building Owners and Managers Association (BOMA), BOMA International 
1201 New York Avenue, NW., Suite 300, Washington DC, 20005, http://www.boma.org. or the American National Standards Institute, (ANSI), 
Inc., 11 West 42nd Street, New York, NY 10036.
    (1) ANSI/BOMA Z65.1-1996, Standard Method for Measuring Floor Areas 
in Office Buildings (the BOMA Standard), approved June 7, 1996; IBR 
approved for Sec. Sec.  1281.3, and 1281.8.
    (2) [Reserved]


Sec.  1281.3  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.
    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 
(incorporated by reference in Sec.  1281.2) 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 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 a 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

[[Page 34200]]

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.  1281.16; 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 
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

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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 (incorporated by reference in Sec.  
1281.2) 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.

    Dated: June 5, 2008.
Allen Weinstein,
Archivist of the United States.
 [FR Doc. E8-13465 Filed 6-16-08; 8:45 am]
BILLING CODE 7515-01-P