[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5474-5476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01673]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-CR-HPS-NPS0028085; PPWOCRADP1, PRN00HP12.CS0000, XXXP104214 
(200); OMB Control Number 1024-0009]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Historic 
Preservation Certification Application

AGENCY: National Park Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the National Park Service (NPS) are proposing to renew an information 
collection.

DATES: Interested persons are invited to submit comments on or before 
March 2, 2020.

ADDRESSES: Send written comments on this information collection request 
(ICR) to the Office of Management and Budget's (OMB) Desk Officer for 
the Department of the Interior by email at [email protected]; 
or by facsimile at 202-395-5806. Please provide a copy of your comments 
to Phadrea Ponds, Acting Information Collection Clearance Officer, 
National Park Service, 1201 Oakridge Drive, Fort Collins, CO 80525; or 
by email at [email protected]. Please reference OMB Control Number 
1024-0009 in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Brian Goeken, Chief, Technical Preservation 
Services, 1849 C St. NW, Room 2255, Washington, DC 20240; or by email 
at [email protected]; or by telephone at 202-354-2033. Please 
reference OMB Control Number 1024-0009 in the subject line of your 
comments. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, we provide the general public and other Federal agencies 
with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps us assess the impact 
of our information collection requirements and minimize the public's 
reporting burden. It also helps the public understand our information 
collection requirements and provide the requested data in the desired 
format.
    On July 3, 2019, we published a Federal Register notice soliciting 
comments on this collection of information for 60 days, ending on 
September 3, 2019 (84 FR 31909). We received three (3) public comments 
on this notice.
    Ogee, LLC suggested the use of a standardized list or more detailed 
organization of the description of work section in the Part 2 section 
of the application and that no portions of the scope of work for the 
project were unintentionally omitted.
    NPS Response: We are considering the creation of additional 
guidance and application examples that would provide more direction on 
how to organize and structure the required description of work 
information.

[[Page 5475]]

    Historic Tax Credit Coalition (HTTC) suggested that more 
information be collected regarding the rehabilitation of affordable 
housing units as part of the tax incentives program. Specifically, (1) 
number of rental housing units that are being created, (2) units 
created for ``special needs'' (i.e., members of a specified group under 
a federal or state housing program, or person engaged in artistic or 
literary activities), and (3) how are units that are ``considered 
affordable and/or accessible,'' being measured.
    NPS Response: We contacted the commenter to discuss possible new 
field(s) and how existing and new fields could labeled or defined. The 
application form already requests some of this information. While the 
wording of the field names could be changed or further defined in the 
instructions, we did not update the forms because there is limited 
space available for new fields without having to add an additional page 
to the application. The commenter was unable to make any specific 
suggestions; therefore, we are not proposing any changes at this time 
in response to this comment.
    Ogee, LLC and Historic Tax Credit Coalition (HTTC) both suggested 
that the NPS should provide or further explore the use of electronic 
submissions.
    NPS Response: Currently, there are a number of logistical, 
technological, and practical factors that make submission of the 
application via electronic means presently unworkable, but we continue 
to explore this as a future option.
    Artifacts-Inc. suggested that the program should work more closely 
with State Historic Preservation Offices (SHPOs) to administer the 
review process.
    NPS Response: By law the National Park Service must make all final 
certification decisions. However, NPS partners with SHPOs to administer 
the certification program. The SHPOs are often the first point of 
contact meeting with applicants to answer questions, make site visits, 
and forward applications to the NPS after reviewing and making 
recommendations.
    We are again soliciting comments on the proposed ICR described 
below. We are especially interested in public comment addressing the 
following issues: (1) Is the collection necessary to the proper 
functions of the NPS; (2) will this information be processed and used 
in a timely manner; (3) is the estimate of burden accurate; (4) how 
might the NPS enhance the quality, utility, and clarity of the 
information to be collected; and (5) how might the NPS minimize the 
burden of this collection on the respondents, including through the use 
of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    Abstract: The Federal Historic Preservation Tax Incentives Program 
encourages private-sector investment in the rehabilitation and re-use 
of historic buildings. Through this program, underutilized or vacant 
buildings throughout the country of every period, size, style, and type 
have been rehabilitated and reused in a manner that maintains their 
historic character. To be eligible for tax incentives for historic 
buildings, a building must be listed individually on the National 
Register of Historic Places (NRHP); or located in a registered historic 
district and certified by the NPS as contributing to the historic 
significance of that district. A registered historic district is any 
district listed on the NRHP; or a state or local district if the 
district and the enabling statute have also been certified by the NPS. 
The NRHP is the official list of the Nation's historic places worthy of 
preservation.
    Section 47 of the Internal Revenue Code requires that the Secretary 
of the Interior certify to the Secretary of the Treasury upon 
application by owners of historic properties for Federal tax benefits: 
(a) The historic significance of the property, and (b) that the 
rehabilitation work is consistent with its historic character. The NPS 
administers the program with the Internal Revenue Service in 
partnership with the State Historic Preservation Offices (SHPOs). The 
NPS uses the information collected in the Historic Preservation 
Certification Application (Forms 10-168, 10-168a, 10-168b, and 10-168c) 
to evaluate the condition and historic significance of buildings 
undergoing rehabilitation, and to evaluate whether the rehabilitation 
work meets the Secretary of the Interior's Standards for 
Rehabilitation.
    Regulations codified in 36 CFR part 67 contain a requirement for 
completion of an application form. The NPS needs the information 
required on the application form to allow the authorized officer to 
determine if the project is qualified to obtain historic preservation 
certifications from the Secretary of the Interior. These certifications 
are necessary for an applicant to receive substantial federal tax 
incentives authorized by Section 47 of the Internal Revenue Code. These 
incentives include a 20% federal income tax credit for the 
rehabilitation of income-producing historic buildings and an income tax 
deduction for the charitable donation of easements on historic 
properties. The Internal Revenue Code also provides a 10% federal 
income tax credit for the rehabilitation of non-historic, 
nonresidential buildings built before 1936. An owner of a non-historic 
building in a historic district must also use the application to obtain 
a certification from the Secretary of the Interior that his or her 
building does not contribute to the significance of the historic 
district before claiming this lesser tax credit for rehabilitation. The 
10% credit was repealed as part of the 2017 tax reform legislation but 
remains in effect under certain transition rules.
    SHPOs are the first point of contact for property owners wishing to 
use the rehabilitation tax credits. They help applicants determine if 
an historic building is eligible for Federal or State historic 
preservation tax incentives, provide guidance on an application before 
or after the project begins, and provide advice on appropriate 
preservation work. SHPOs use Forms 10-168d and 10-168e to make 
recommendations to NPS.
    In accordance with 36 CFR 67, we also collect information for: (1) 
Certifications of State and local statutes (Sec.  67.8), (2) 
certifications of State or local historic districts (Sec.  67.9), and 
(3) appeals (Sec.  67.10).
    Title of Collection: Historic Preservation Certifications, 36 CFR 
part 67.
    OMB Control Number: 1024-0009.
    Form Number: NPS Forms 10-168, 10-168a, 10-168b, 10-168c, 10-168d, 
and 10-168e.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Individuals, organizations, companies 
and businesses, and State or tribal governments.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Non-hour Burden Cost: $4,612,811 based 
primarily on application fees and other costs (includes printing 
photographs and architectural drawings).

[[Page 5476]]



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                                                                                     Estimated
                                                                     Estimated        average        Estimated
                            Activity                               total annual     completion     total annual
                                                                     responses         time       burden hours *
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Form 10-168 (Part 1):
    Individuals.................................................              88              15           1,320
    Private Sector..............................................           1,663              15          24,945
Form 10-168a (Part 2):
    Individuals.................................................              77              51           3,927
    Private Sector..............................................           1,473              51          75,123
Form 10-168b (Amendment):
    Individuals.................................................              77               6             462
    Private Sector..............................................           1,473               6           8,832
Form 10-168c (Part 3):
    Individuals.................................................              53              12             636
    Private Sector..............................................           1,000              12          12,000
Forms 10-168d and 10-168e (State Review Sheets):
    Form 10-168d................................................           1,751               3           5,253
    Form 10-168e (Part 2s)......................................           1,550               5           7,750
    Form 10-168e (Part 3s)......................................           1,053               4           4,212
    Form 10-168e (for Amendments)...............................           1,549               3           4,647
Certification of Statutes.......................................               1               5               5
Cert of Historic Districts......................................               2              20              40
Appeals:
    Individuals.................................................               3              40             120
    Private Sector..............................................              29              40           1,160
                                                                 -----------------------------------------------
        Totals..................................................          11,841  ..............         150,432
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* Rounded.

    An agency may not conduct, or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Phadrea Ponds,
Acting, NPS Information Collection Clearance Officer, National Park 
Service.
[FR Doc. 2020-01673 Filed 1-29-20; 8:45 am]
BILLING CODE 4312-52-P