[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Notices]
[Pages 4011-4017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01188]


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ADVISORY COUNCIL ON HISTORIC PRESERVATION


Exemption From Historic Preservation Review for General Services 
Administration Routine Operations and Maintenance

AGENCY: Advisory Council on Historic Preservation.

ACTION: Approval of exemption.

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SUMMARY: The Advisory Council on Historic Preservation has approved an 
exemption that relieves the General Services Administration from 
historic preservation review requirements under the National Historic 
Preservation Act for specified routine operations and maintenance 
activities.

DATES: The exemption went into effect on January 13, 2023.

FOR FURTHER INFORMATION CONTACT: Laura Lavernia, (202) 517-0225, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 106 of the National Historic 
Preservation Act (section 106) requires federal agencies to take into 
account the effects of projects, activities, or programs they carry 
out, license, or assist on historic properties (undertakings) and 
afford the Advisory Council on Historic Preservation (ACHP) a 
reasonable opportunity to comment with regard to such undertakings. 
Historic properties are those that are listed or have been determined 
eligible for listing in the National Register of Historic Places 
(NRHP).
    The National Historic Preservation Act (NHPA) authorizes the ACHP 
to promulgate regulations for exempting undertakings ``from any or all 
the requirements of'' the NHPA. The section 106 implementing 
regulations, 36 CFR 800, detail the process for the approval of such 
exemptions.
    In accordance with 36 CFR 800.14(c)(1), the ACHP may approve an 
exemption for an undertaking if it finds that: (i) the actions within 
the program or category would otherwise qualify as ``undertakings'' as 
defined in 36 CFR 800.16; (ii) the potential for effects of the 
undertakings within the program or category upon historic properties 
are foreseeable and likely to be minimal or not adverse; and (iii) 
exemption of the program or category is consistent with the purposes of 
the NHPA.

I. Background

General Services Administration (GSA) Use of 36 CFR 800.14 for Regional 
Routine Operations and Maintenance

    In accordance with the regulations and processes outlined in 36 CFR

[[Page 4012]]

800.14, GSA has, since 1994, exercised the option under this provision 
to streamline section 106 compliance by exempting specified routine 
operations and maintenance activities from section 106 review through 
the development of regional programmatic agreements (Regional PAs) in 
accordance with 36 CFR 800.14(b). GSA's Regional PAs have been 
developed and negotiated in consultation with State Historic 
Preservation Offices (SHPO), Tribal Historic Preservation Officers 
(THPO), the ACHP, and others to improve the efficiency of consultation 
for undertakings that pose minimal or no adverse effect to historic 
properties.

GSA Regional Programmatic Agreements

    GSA currently has four (4) executed Regional PAs in place among its 
eleven (11) regions: Southeast Sunbelt (Region 4), Rocky Mountain 
(Region 8), Pacific Rim (Region 9), and the National Capital (Region 
11). GSA Regional Historic Preservation Officers (RHPOs) within these 
four regions have identified and defined, in consultation with SHPOs, 
THPOs, and the ACHP, routine operations and maintenance undertakings 
for exemption from section 106 review. Collectively, these agreements 
include twenty-two (22) states and apply to approximately half of GSA's 
historic property inventory.

GSA Proposed Use of 36 CFR 800.14 for National Routine Operations and 
Maintenance

    Given GSA's comprehensive preservation policies, preservation 
personnel qualifications, widely recognized program, and decades-long 
track record of compliance, the ACHP recommended GSA pursue an 
exemption in accordance with 36 CFR 800.14(c) to further streamline and 
strengthen the agency's nationwide approach to the ongoing management 
of these activities. The exemption will supplement the extant Regional 
PAs and inform future agreements proposed as part of the agency's 
continued compliance excellence efforts. GSA worked closely with ACHP 
staff to outline and develop the exemption, establish parameters, and 
define routine operations and maintenance activities (see Appendix A of 
the text of the exemption below).

II. Exemption Structure and Implementation

    The program alternative exempts GSA from the requirement of the 
section 106 review process for routine operations and maintenance 
activities (subpart B of the implementing regulations, as codified in 
36 CFR 800). Pursuant to 36 CFR 800.14(c)(1), section 106 exemptions 
must meet certain criteria: (i) The actions within the program or 
category would otherwise qualify as ``undertakings,'' as defined in 
800.16; (ii) The potential effects of the undertakings within the 
program or category upon historic properties are foreseeable and likely 
to be minimal or not adverse; and (iii) exemption of the program or 
category is consistent with the purposes of the NHPA.

Actions Within Exemption as Undertakings

    The exemption applies to routine operations and maintenance 
activities implemented in accordance with the Secretary of the 
Interior's Standards for the Treatment of Historic Properties 
(Secretary's Standards) and conducted on historic property under the 
custody and control of GSA. The ACHP has determined that such 
operations and maintenance activities meet the definition of 
undertakings since they are carried out by a federal agency, GSA. This 
definition is tied to federal involvement in an activity or project, by 
either permitting, funding, or licensing. Additionally, routine 
operations and maintenance activities have the potential to impact the 
physical environment and therefore have the potential to cause effects.

Potential Effects Foreseeable and Likely To Be Minimal or Not Adverse

    The effect of activities within the scope of the exemption are 
foreseeable and minimal or not adverse. The exemption defines routine 
operations and maintenance for GSA properties and, specifically for the 
purpose of section 106 compliance, to historic properties listed or 
determined eligible for listing in the NRHP. The ongoing routine 
operations and maintenance of historic properties contributes to their 
preservation.
    The exemption abides by the definition of ``Preservation'' as a 
specific treatment--one of four approaches for historic properties--
established by the Secretary's Standards. As indicated in 36 CFR 800.5, 
preservation treatments in accordance with the Secretary's Standards 
will not lead to adverse effects. Routine operations and maintenance 
activities exempted from section 106 review are specified in Appendix A 
of the exemption. These activities were compiled from the lists of 
activities excluded from section 106 review in GSA Regional PAs, and 
from the Secretary of the Interior's Standards for Preservation & 
Guidelines for Preserving Historic Buildings. The inherent nature of 
these activities, combined with the professional qualifications of 
those performing and providing oversight for the conduct of such 
activities, is critical to ensuring that they are carried out in 
accordance with the Standards and Guidelines.
    The NHPA, and section 106 regulations 36 CFR 800.2(a)(1), 
acknowledge that the care and custody of historic properties require 
specialized knowledge, training, and experience to adequately perform 
work that meets the Secretary's Standards. The Secretary of the 
Interior's Professional Qualification Standards (Qualification 
Standards) codify the minimum requirements that must be met for 
professional work concerning historic properties, and their application 
by qualified and highly experienced professionals will ensure the 
credibility of historic preservation within the larger public arena at 
the federal, state, and local levels, as well as in the private sector.
    When an agency establishes and maintains a comprehensive nationwide 
stewardship program for the preservation of its historic properties and 
provides guidance to and oversight of those who manage work in them, 
routine operations and maintenance activities are carried out in a 
manner that eliminates or minimizes the potential for adverse effects, 
thereby meeting the ``minimal or not adverse'' effect standard for 
exemptions. To avoid adverse effects as defined in the section 106 
regulations (36 CFR 800.5), the exemption ensures that the historic 
preservation staffing infrastructure at GSA, as set forth as policy in 
the GSA Order Procedures for Historic Properties (currently ADM 1020.3) 
and subsequent revisions (ADM) provides oversight by personnel 
exceeding the Qualification Standards. GSA's staffing infrastructure 
provides continual monitoring and management of historic properties and 
a system of checks and balances for routine operations and maintenance 
ensuring that work complies with the Secretary's Standards.
    GSA's Federal Preservation Officer (FPO) leads GSA's agency-wide 
stewardship program, guides regional offices and the national 
headquarters, and acts as the Agency Official for purposes of section 
106 compliance, among other duties. Along with the FPO, compliance and 
oversight of historic properties is managed by GSA Center for Historic 
Buildings staff and RHPOs in each of GSA's regions nationwide. The RHPO 
directs GSA's historic preservation program at the regional level and 
is responsible for coordinating day-to-day compliance with preservation 
laws, regulations,

[[Page 4013]]

orders, and directives. The RHPO is senior staff who acts as a liaison 
between the Regional Commissioner, the FPO, and state, local, and 
Tribal representatives. Per the standard position description, the RHPO 
must possess specialized knowledge of laws, regulations, and mastery of 
the field of historic preservation, including expert technical 
knowledge of architectural conservation and rehabilitation principles 
and practices. The ADM, states that ``the RHPO must be organizationally 
positioned and given authority to lead and manage actively the regional 
historic preservation program and implement national preservation 
policies and initiatives.'' section 106 compliance is only one of the 
roles of the RHPO, whose responsibility is comprehensive stewardship of 
the historic properties in their region. Working in concert with 
regional offices and the FPO, RHPOs provide technical assistance, along 
with program and policy guidance, to regional facility management 
staff, project managers, portfolio and leasing specialists, and 
administrators.

Consistency With the Purposes of the NHPA

    The exemption is consistent with the intent of the NHPA. With 
respect to federal property, the NHPA fosters a spirit of stewardship 
for federal agency historic preservation programs administered by 
professionals who meet established Qualification Standards. The ACHP 
has determined the exemption will serve to reinforce the critical role 
of GSA's preservation staff expertise and may encourage other federal 
agencies to increase their staffing, professional qualifications, and 
internal preservation policies.

III. Public Participation

    In accordance with 36 CFR 800.14(c)(2), public participation 
regarding exemptions must be arranged on a level commensurate with the 
subject and scope of the exemption. Plans for public participation 
(consultation) for a proposed exemption are arranged by the proponent 
of the exemption. The ACHP introduced the exemption to its Federal 
Agency Programs Committee on June 28, 2022, and GSA briefed the ACHP at 
its Business Meeting on June 29, 2022. In accordance with 36 CFR 
800.14(c)(3), GSA held two consultation meetings with SHPOs and other 
key stakeholders on July 28, 2022, and August 2, 2022. On August 9, 
2022, GSA hosted a Tribal Listening Session with Tribal 
representatives, THPOs, and section 106 Coordinators. In total, 36 
SHPOs, 32 THPOs, 3 Tribal representatives, the National Trust for 
Historic Preservation (NTHP) and the National Conference of State 
Historic Preservation Officers (NCSHPO) participated in consultation.
    On October 14, 2022, GSA submitted the final proposed exemption to 
the ACHP. Per the regulations, ACHP must approve or reject the proposed 
exemption within thirty (30) days of receipt, provided the ACHP does 
not request additional information from the proponent. GSA's proposal 
transmittal letter extended the regulatory timeframe to ninety (90) 
days, allowing for the ACHP to conduct Tribal Consultation.
    Per 36 CFR 800.14(c), the ACHP drafted a Tribal Consultation Plan 
for the exemption and, with GSA, conducted a Tribal consultation 
meeting with Indian Tribes and Tribal and Native Hawaiian Organization 
(NHO) leaders that included thirty-six (36) participants, on November 
7, 2022. On November 17, 2022, the ACHP published information regarding 
the exemption for public comment on its website. ACHP emailed notes 
from the Tribal consultation meeting along with a summary document of 
how consulting party comments were considered to Tribal and NHO leaders 
and representatives December 22, 2022.
    The ACHP membership voted to approve the final exemption on January 
13, 2023.

IV. Response to Public Comment

    In response to its consultation on the proposed exemption, GSA 
received 215 separate comments from 16 SHPOs, the NTHP and NCSHPO, and 
3 from THPOs, Indian Tribes and Tribal and NHO representatives during 
early coordination. The exemption received widespread support from 
consulting parties and respondents contributed much in terms of 
suggesting refinements and in seeking clarification on details and 
aspects of the exemption, as well as the list of routine operations and 
maintenance activities defined in Appendix A. GSA considered all 
comments and revised the exemption accordingly. The final exemption and 
its Appendix A reflect a meaningful and productive consultation 
process, and a comprehensive exemption improved by the significant 
contributions of consulting parties. Summaries of responses to common 
and key comments are provided below.

Unanticipated Discoveries

    An ``Unanticipated Discoveries'' clause has been added to the 
exemption text (Stipulation III). This clause addresses ground 
disturbing activities: archaeological concerns, human remains, and 
sacred objects; and previously unidentified historic properties and 
character-defining features discovered during the implementation of an 
exempted activity. Stipulation III sets forth a procedure for GSA to 
initiate consultation with the appropriate parties, as necessary.

Application of Exempted Activities on Tribal Lands

    GSA clarified in Stipulation II ``Excluded from Exemption'' that 
the exemption proposed by GSA does not apply to property on Tribal 
lands and does not involve any property under the custody and control 
of GSA identified as having religious or cultural significance to an 
Indian Tribe or NHO.

Application of the Standards for Preservation

    Several questions were posed regarding GSA's associating routine 
operations and maintenance activities at historic properties to the 
Secretary of the Interior's Standards for Preservation (Preservation 
Standards). The Preservation Standards define ``preservation'' as ``the 
act or process to sustain the integrity, form, and materials of a 
historic property. Work generally focuses on the ongoing maintenance 
and repair of historic materials and features rather than extensive 
replacement and new construction.'' Maintenance, by this definition, is 
preservation. Preservation as a treatment focuses on the ongoing 
maintenance of a historic property and its distinctive features 
allowing for limited, in-kind replacement of original fabric and 
character-defining features and limited, sensitive upgrading of 
mechanical, electrical, and plumbing systems and other code-required 
work to make properties functional. Protection, maintenance, and repair 
are emphasized while replacement is minimized. GSA consulted with ACHP 
staff on the use of the Preservation Standards and the ACHP agreed 
these standards meet the criteria for establishing an exempted category 
per 36 CFR 800.14(c)(1).

Reference to Guides, Briefs, Bulletins and Standards

    Comments related to activities outlined in Appendix A of the 
exemption suggested GSA specifically cite the relevant National Park 
Service Preservation Brief (NPS Brief) or qualify that the exempted 
activity will adhere to the Preservation Standards. The following 
comprehensive statement is provided in the introduction to Appendix A: 
``Routine operations and maintenance activities in historic properties 
under the custody and

[[Page 4014]]

control of GSA shall follow the Preservation Standards and be informed 
by National Park Service Technical Preservation Briefs (NPS Briefs) and 
supplemented by GSA's repository of technical documents including 
specifications and treatment guidelines developed by GSA materials 
conservation experts in accordance with these standards. At any time, 
should a scope of work deviate from the Preservation Standards, the 
RHPO will initiate the section 106 review process.'' Given that all 
activities overseen by GSA's RHPOs will be carried forth in compliance 
with the Preservation Standards, additional individual references would 
be redundant.

Mothballing as Preservation

    Several comments expressed concern regarding the inclusion of 
mothballing as an exempted activity; specifically, regarding the 
potential for a property to remain indefinitely mothballed as a result 
of exempting this activity. GSA will adhere to the intent, protocols 
and recommendations specified in NPS Brief 31, ``Mothballing Historic 
Buildings,'' which are temporary measures meant to be applied for a 
period up to ten (10) years. Mothballing is considered a preservation 
activity as it protects a structure until a use can be identified. 
Preservation as a treatment includes preliminary measures to protect 
and stabilize the property. More specifically, mothballing is described 
in Standard 1 of the Preservation Standards as ``Where a treatment and 
use have not been identified, a property will be protected and, if 
necessary, stabilized until additional work may be undertaken.'' If 
mothballing of a specific property is anticipated to extend beyond a 
period of ten (10) years, standard section 106 review will be initiated 
by the GSA RHPO.

Reporting Requirement

    Several consulting parties requested consideration of an annual 
reporting requirement. The ACHP staff confirmed that reporting is 
inconsistent with the intent of an exemption as a program alternative, 
which exempts activities that have minimal or no effects to historic 
properties. GSA will report to the ACHP on the exemption's use, 
application, and impact on streamlining the effectiveness and 
efficiency of section 106 compliance in accordance with Executive Order 
13287 and its section 3 triennial Federal Property Stewardship Report 
requirement.

GSA Section 110 Stewardship

    Several SHPOs inquired as to how GSA determines which properties 
are eligible and whether or not the activity to be performed would 
affect the character-defining features or spaces that contribute to the 
significance of the property. GSA has an effective and nationally 
recognized identification, evaluation, and documentation program. GSA 
section 110 stewardship policy practice is to begin assessing 
properties 40 years post construction to ensure all considerations have 
been given and determined in advance of the property reaching 50 years 
of age. GSA's determinations of eligibility (DOEs) are reviewed by and 
concurred upon by SHPOs. GSA's RHPOs, all exceeding the Qualification 
Standards, possess the knowledge, skill, and expertise necessary to 
responsibly and accurately determine whether or not an activity will 
affect character-defining features and if section 106 review must be 
initiated. GSA internal planning documents are prepared in accordance 
with NHPA section 110 and, as confirmed by the ACHP staff, do not 
require concurrence. GSA has further addressed this comment by 
clarifying in Stipulation II ``Excluded from Exemption'' that the 
exemption would not impact or alter GSA established section 110 
responsibilities or practice.

Applicability of Exemption to Fine Arts Program

    Clarification was requested as to the applicability of the 
exemption and specific maintenance activities to murals and other fine 
arts features integral to many GSA historic properties. GSA clarified 
in section II ``Excluded from Exemption'' that maintenance, 
preservation, and conservation of fine arts works at historic 
properties are governed by the Policies & Procedures of GSA's Fine Arts 
Program (https://www.gsa.gov/fine-arts) and are not covered by the 
exemption.

Applicability of Exemption to National Historic Landmarks (NHLs)

    The applicability of the exemption to NHLs was questioned by 
several consulting parties. GSA recognizes the special importance of 
NHLs and exercises particular care in the operations and maintenance of 
these highly significant properties. GSA also recognizes that the 
Secretary's Standards do not differentiate between preservation of NHLs 
and preservation of other historic properties. The exemption will apply 
to all GSA properties determined eligible for or listed in the NRHP, 
regardless of their level of significance. In the event that an 
activity proposed exceeds the definition or scope set forth in the 
exemption, the RHPO will initiate section 106 consultation and, as is 
standard practice for GSA, invite the NPS to participate as a 
consulting party.

Definitions and Clarification of Terms

    Based on comments requesting clarification of terms, the exemption 
``Definitions'' section has been modified to reference definitions in 
36 CFR 800, and amended to add definitions for additional, specific 
terms, as requested.

V. Text of the Exemption

    The full text of the exemption is reproduced below:

U.S. General Services Administration Section 106 Exemption for Routine 
Operations and Maintenance

I. Exemption From Section 106 Review Requirements

    Except as noted in section II, and so long as GSA maintains its 
national preservation program and personnel infrastructure, as 
specified in GSA policy Procedures for Historic Properties, ADM 1020.3 
(or subsequent revisions) (ADM), GSA is exempt from the section 106 
review process, as outlined in 36 CFR 800 Subpart B, for routine 
operations and maintenance activities, as defined in Appendix A, in 
historic properties under the jurisdiction, custody, and control of 
GSA, unless GSA determines that, per 36 CFR 800.14(c)(6), there are 
circumstances under which an exempted activity should be reviewed under 
section 106.

II. Excluded From Exemption

    The following items do not constitute exempted categories and are 
excluded from the exemption:
    (a) The exemption does not affect GSA's section 110 
responsibilities, as set forth in the NHPA. GSA will maintain its 
existing identification, evaluation, and documentation efforts in 
accordance with the ADM.
    (b) The exemption does not apply to activities performed according 
to the Secretary of the Interior's Standards for Restoration, 
Rehabilitation, or Reconstruction of Historic Properties. Exempted 
activities are not to include substantial or extensive replacements of 
character-defining features and are not intended for the exemption of 
reconstruction or restoration of missing character-defining features. 
If the continued use of a property requires extensive replacement, 
alterations, additions or any demolition, the required treatments are 
not routine operations and maintenance activities covered under this 
exemption. The exemption does not apply to changes in

[[Page 4015]]

use for a property, as adaptive use is considered under Rehabilitation.
    (c) Exempted activities must avoid extant, documented 
archaeological resources. Archaeological sites must be preserved and 
maintained in place. If avoidance is not feasible or possible, the RHPO 
will initiate section 106 Review under Subpart B of 36 CFR 800.
    (d) Maintenance, preservation, and conservation of fine arts works 
at historic properties are governed by GSA's Policies & Procedures of 
the Fine Arts Program and are not covered by this exemption.
    (e) This exemption does not apply on Tribal lands and does not 
involve any property under the custody and control of GSA identified as 
having religious and/or cultural significance to an Indian Tribe or 
NHO.
    (f) As per 36 CFR 800.14(c)(6), if an RHPO determines that there 
are special circumstances which warrant section 106 review for an 
activity otherwise exempted, the RHPO will initiate section 106 Review 
under Subpart B of 36 CFR 800.

III. Unanticipated Discoveries

Ground Disturbing Activities
    Ground disturbing activities may have the potential to affect 
historic properties through unanticipated discoveries. Where previously 
undetected historic or cultural resources are discovered during 
implementation of exempted activities, GSA will proceed with one of the 
following:
    a. If a GSA Regional PA is in place to govern the unanticipated 
discovery, GSA shall follow the procedures outlined therein.
    b. For GSA regions without a Regional PA, if an unanticipated 
discovery is made during the implementation of an exempted activity, at 
any stage, work will stop immediately. The RHPO shall be notified 
within twenty-four (24) hours and the RHPO shall inform the 
corresponding SHPO/THPO, any Indian Tribe or NHO that may attach 
religious and/or cultural significance to the property, and the ACHP of 
the discovery within forty-eight (48) hours. Unanticipated discoveries 
will be handled as outlined in 36 CFR 800.13(b).
Treatment of Human Remains and Sacred Objects
    If human remains, funerary objects, sacred objects, or objects of 
cultural patrimony are discovered at any time during the implementation 
of any exempted activity, work shall stop immediately within thirty 
(30) meters of the location of the discovery, and any human remains 
encountered during the undertaking will be given sensitive and 
respectful treatment. GSA shall implement one of the above provisions 
set forth for unanticipated discoveries. Human remains will be provided 
with security until they are removed. The remains will be carefully 
covered and secured to protect them from any degradation, inappropriate 
observation, or inappropriate photography. GSA shall follow the 
applicable provisions of the Native American Graves Protection and 
Repatriation Act (NAGPRA, 25 U.S.C. 3001).
    If a property discovered has not been previously included in or 
determined eligible for the NHRP and/or provisions for its treatment 
are not contained in an approved archaeological treatment plan, GSA may 
assume that the property is eligible for inclusion in the NRHP for 
purposes of this exemption.

IV. Amendments

    The terms of the exemption may be amended by the ACHP membership in 
a manner consistent with 36 CFR 800.14(c)(1). The ACHP shall first 
consult with GSA and other parties, as appropriate. The ACHP will 
publish notice in the Federal Register to that effect within thirty 
(30) days after its decision to amend the exemption and will notify 
consulting parties of any amendments ACHP will post the final, adopted 
version of the exemption on its website.

V. Termination

    The ACHP may terminate the exemption at any time in accordance with 
36 CFR 800.14(c)(7).

VI. Definitions

    The exemption adopts definitions in 36 CFR 800.16. In addition, the 
following additional definitions shall apply to this exemption:
    (a) ``Character-defining features'' means the visual and physical 
aspects that comprise the appearance and individually and collectively 
contribute to the significance of the historic property.
    (b) ``In-kind'' means the repair or replacement of a character-
defining feature or item with one that meets its design specifications 
in the same way, producing the same appearance. Repair or replacement 
with the same material or new material that matches the historic 
material in type, design, dimension, texture, detailing, and 
appearance.
    (c) ``Maintenance'' means the ``activities directed toward keeping 
fixed assets in an acceptable condition. Activities include 
preventative maintenance; replacement of parts, systems, or components; 
and other activities needed to preserve or maintain the asset. 
Maintenance and repairs, as distinguished from capital improvements, 
exclude activities directed towards expanding the capacity of an asset 
or otherwise upgrading it.'' (Federal Management Regulation, Title 41 
Public Contracts and Property Management, Part 102-74, entitled 
``Facility Management.'')
    (d) ``Preservation'' means the act or process of applying measures 
necessary to sustain the existing form, integrity, and materials of an 
historic property. Work, including preliminary measures to protect and 
stabilize the property, generally focuses upon the ongoing maintenance 
and repair of historic materials and features rather than extensive 
replacement and new construction. New exterior additions are not within 
the scope of this treatment; however, the limited and sensitive 
upgrading of mechanical, electrical, and plumbing systems and other 
code-required work to make properties functional is appropriate within 
a preservation project. Preservation is a distinct treatment for 
historic properties found under the Secretary's Standards, codified in 
36 CFR 68.

Appendix A--U.S. General Services Administration (GSA) Routine 
Operations and Maintenances Activities Exempted From Section 106 Review

    The following are activities exempted from section 106 review as 
part of GSA's section 106 Routine Operations and Maintenance Exemption 
approved by the Advisory Council on Historic Preservation (ACHP) on 
January 13, 2023, in accordance with 36 CFR 800.14(c).
    The activities are culled from appendices of activities excluded 
from section 106 review in GSA Regional Programmatic Agreements, from 
preservation activities recognized in the Secretary of the Interior's 
Standards for the Treatment of Historic Properties (Secretary's 
Standards) codified in 36 CFR part 68 and their respective Guidelines, 
and through section 106 consultation carried forth for this exemption 
with State Historic Preservation Officers, Tribal Historic Preservation 
Officers, Indian Tribes, Tribal and Native Hawaiian Organization 
representatives, the National Trust for Historic Preservation, and the 
National Conference of State Historic Preservation Officers.
    Routine operations and maintenance activities in historic 
properties under the custody and control of GSA shall follow the 
Secretary of the Interior's

[[Page 4016]]

Standards for Preservation (Preservation Standards) and accompanying 
Guidelines, and be informed by National Park Service Preservation 
Briefs (NPS Briefs) supplemented by GSA's repository of technical 
documentation including specifications and treatment guidelines 
developed by GSA materials conservation experts in accordance with 
these standards. Preservation as a treatment focuses on the ongoing 
maintenance of a historic property and its distinctive features 
allowing for limited, in-kind replacement of original fabric and 
character-defining features and limited, sensitive upgrading of 
mechanical, electrical, and plumbing systems and other code-required 
work to make properties functional. Protection, maintenance, and repair 
are emphasized while replacement is minimized. At any time, should a 
scope of work deviate from the Preservation Standards, the RHPO will 
initiate the section 106 review process.

Maintenance--Landscape and Grounds Maintenance General

--Minimal ground disturbing activity (one meter or less wide and half a 
meter or less deep) is permitted on GSA property that has been surveyed 
and previously determined to have no eligible historic landscapes or 
archaeological resources.
--Pressure washing of exterior envelope and surfaces with low pressure 
(150-200 PSI) water and mild detergents.
--Cleaning hard surface areas: sidewalks, brick areas, light poles, 
platforms, docks, driveways, ramps, moats.
--Graffiti removal.
--Stain removal.
--Snow and Ice Removal; including areas requiring heavy equipment.
--Integrated Pest Management (IPM; as specified in 7 U.S.C. 136r-1).
Exterior Security
--Repair and upgrade of security camera systems in existing locations.
--Installation of new security camera systems in landscapes, attached 
to adjacent poles, or attached to parapets or roofs by non-damaging 
installation methods.
--Installation of temporary, removable barriers for security or 
construction purposes, which do not require ground disturbance and are 
associated with a defined timeframe relating to a specific event or 
repair and/or construction project.
Landscaping and Landscape Architecture
--Resurfacing of existing paved surfaces, including pavement repair and 
replacement.
--Road maintenance and repaving which does not include road widening or 
deepening of the road profile.
--Repair and replacement of streetlights, traffic signals, traffic 
signs.
--Repair or replacement of existing park equipment, furniture, signage, 
walkways.
--Limited replacement of historic landscape elements that are 
deteriorated beyond repair.
--Routine maintenance of fountains and water features.
Utilities
--Installation of generators that are placed either inside buildings or 
existing ancillary structures, or outside occupying an area less than 
50 square feet and located on a secondary elevation or with limited 
visibility from the primary viewshed of the building they serve.
--Above-ground utilities: Repair or replacement of existing wires, 
anchors, crossarms, transformers, and other miscellaneous hardware on 
existing overhead lines.
--Underground Utilities: Repair or replacement of existing water, 
sewer, natural gas, electric or telecommunication lines and in-place 
repair of septic systems if it occurs in previously disturbed soils 
(previously subjected to construction excavation and filling) in the 
existing trench. Directional boring method of installing new/
replacement utility lines within previously disturbed soils (previously 
subjected to construction excavation and filling).

Maintenance--Facility Management Services

--Non-destructive or concealed diagnostic health and safety activities 
or testing for hazardous materials (i.e.: asbestos, radon, lead, lead 
pipes, buried fuel tanks, and asbestos containing materials).
--Removal of hazardous materials.
Elevator Inspection & Maintenance
--Installation of code-required signage and hardware.
--Replacement of non-historic elevator cabs.
--System-wide upgrades to mechanical and electrical cab interiors.
Fire Alarm System Installation: Preventative and Servicing
--Fire alarm detection/suppression systems maintenance, where the 
following can be met:
--New alarm pull stations that are installed on a freestanding pedestal 
or on a wall without penetrating materials that contribute to the 
significance of the property. Installation of wiring where existing 
finishes will not be impacted.
--Installation of automated building systems that replace existing 
electrical components.
Mechanical & Building Systems
--Repair and replacement: HVAC maintenance, boilers, chillers, energy 
management, electrical, life safety, telecommunications systems.
--Maintenance of water distribution systems.
--Electrical Maintenance: replacement of wire within existing conduits, 
replacement of fuses, electrical boxes, outlets, and establishment of 
additional circuits within existing boxes.
--Maintenance of existing plumbing and pipefitting.
Interior Surfaces
--Interior repainting of previously painted surfaces and new drywall.
--Minor security, communications, or video improvements, which may 
include locks, card readers, and/or cameras.
Architectural Barriers Act Accessibility Standard (ABAAS) Upgrades
--Reasonable accommodations that do not impact significant finishes 
including restroom features (grab bars, fixtures, dispensers, bathroom 
stalls), braille signage, ABAAS-compliant interior door handles, 
automatic flushing and door opening mechanisms.

Preservation--Building Enclosure

Roofs and Parapets
--Re-roofing of non-visible flat roofs.
--Repair or replacement (if beyond repair) of roofing materials and 
components (rafters, decking, fascia, soffits, gutters, downspouts, 
tiles or panels). This does not include re-roofing of entire roof or 
changes to roof configuration or pitch.
--Repair or replacement of parapet backup walls, roofing, flashing, 
termination bars, and through-wall flashing that cannot be seen from 
the public right-of-way.
--Installation of new or reflective roof coatings on a flat-roofed 
building with

[[Page 4017]]

a parapet, such that the roofing material is not visible from the 
public right-of-way.
--Installation of gutter guards/covers over existing gutters in a 
manner that respects size and profile.
--Installation of protective roof coverings while working on other 
projects and stabilizing damaged roof areas before commencing 
maintenance or preservation work.
--Fastening roof elements using corrosion-resistant roof fasteners 
(nails and clips).
--Installation of photovoltaic equipment and supporting infrastructure 
on roof top when not visible from the public right-of-way.
--Skylights: maintenance, preservation and repair of skylights.
--Maintenance, preservation and repair of decorative features on roofs.
--Repair or replacement of existing rooftop-mounted equipment such as 
HVAC components, tie-offs, ductwork, window-washing equipment, and 
lightning protection equipment.
Windows and Doors
--Reglazing, caulking, weatherstripping, re-puttying windows and doors, 
and repairs to windows and doors, not including window or door 
replacement.
--Protecting wood or metal window frames and trim by cleaning, paint 
removal and reapplication of protective coating systems. Replacing 
broken or missing operable components.
--Installation of interior storm windows.
Curtain Walls
--Repairs and limited replacement of elements damaged or degraded 
beyond practicable repair of wall assemblies or exterior cladding when 
the color, size, reflectivity, materials, and visual patterns are 
unaltered.
Envelope
--Cleaning brick and stone (masonry) and stucco exteriors with low 
pressure wash (150-200 PSI), natural bristle brushes, and mild 
detergents.
--Re-pointing exterior masonry, ensuring correct mortar testing and 
match for composition, color, and appropriate compressive strength for 
the historic masonry assembly being repointed, and with appropriate 
means and tools.
--Masonry or stucco repairs.
--Refinishing and varnishing of exterior wood.
--Limited replacement of missing portions of exterior wood and 
consolidation of deteriorated portions of exterior wood with putties 
and repainting.
--Mothballing for a period no longer than ten (10) years.
Exterior Elements
--Repair of exterior metal elements including balconies and stair 
handrails.
--Rewiring and restoration of character defining ornamental lighting 
fixtures.
--Re-lamping light fixtures with energy-efficient lamps.
--Masonry repairs of stairs, wing walls, plazas, ramps, and site 
furniture.
--Cleaning and repointing of brick and stone (masonry) exterior 
elements as listed above in ``Envelope'' section.
--Repairs or limited replacements of character-defining decorative 
features.

Preservation--Interior Spaces, Features, Finishes

Windows and Doors
--Repair and replacement of missing or damaged window and door finish 
hardware.
--Replacement of removable interior window film and installation of 
solar screens.
--Installation and replacement of window treatments.
Finishes
--Plaster repair: repair of cracks, missing plastered areas, re-
plastering of non-decorative walls that are plastered or were formerly 
plastered, which cannot be repaired in their present state.
--Select repair of small portions of decorative plaster elements where 
there are visible cracks or chips.
--Interior wood refinishing and revarnishing.
--Floor refinishing.
--Carpeting installation.
--Replacement of floors, walls, secondary stairs, ceilings and/or trim.
--Installation or replacement of non-character-defining lighting.
--Rewiring and preservation of character-defining, ornamental lighting 
fixtures.
--Re-lamping light fixtures with energy-efficient lamps.
--Removal and replacement of building contents including furniture, 
movable partitions, and cabinetry and equipment and any other non-
character-defining moveable items.
(END OF DOCUMENT)
    Authority: 36 CFR 800.14(c).

    Dated: January 18, 2023.
Javier Marqu[eacute]s,
General Counsel.
[FR Doc. 2023-01188 Filed 1-20-23; 8:45 am]
BILLING CODE 4310-K6-P