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HISTORIC PRESERVATION STANDARDS AND GUIDELINES FOR FEDERAL AGENCIES

Guidelines

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  • Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Programs
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    Standards and Guidelines The Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Programs

     

    Pursuant to the National Historic Preservation Act
    Jointly published by:

    National Park Service, U.S. Department of the Interior

    Advisory Council on Historic Preservation


    1998

     

    Standards and Guidelines Pursuant to the National Historic Preservation Act Jointly published by: National Park Service, U.S. Department of the Interior Advisory Council on Historic Preservation 1998 U.S. Department of the Interior Resources Heritage Preservation Services

     

    Federal agency historic preservation programs have come a long way since passage of the National Historic Preservation Act of 1966. The amendments to the Act in 1980 and 1992 helped to clarify Federal agency responsibilities for preserving the Nation's historic and cultural heritage. The advances of many Federal agencies in meeting this important Federal mandate also have served to inspire and encourage other Federal agencies, tribal governments, state and local governments, and the private sector.

     

    Federal agencies manage some of the Nation's most important historic and cultural properties. Through their funding, licensing, and other activities, they also have an impact on significant resources that are not in Federal ownership. Only through responsible Federal stewardship and planning can the Nation's heritage be preserved for the benefit of future generations of Americans.

     

    Purpose of Section 110 

    Section 110 of the National Historic Preservation Act (hereafter referred to as "NHPA" or "the Act") sets out the broad historic preservation responsibilities of Federal agencies and is intended to ensure that historic preservation is fully integrated into the ongoing programs of all Federal agencies. This intent was first put forth in the preamble to the National Historic Preservation Act upon its initial adoption in 1966. When the Act was amended in 1980, Section 110 was added to expand and make more explicit the statute's statement of Federal agency responsibility for identifying and protecting historic properties and avoiding unnecessary damage to them. Section 110 also charges each Federal agency with the affirmative responsibility for considering projects and programs that further the purposes of the NHPA, and it declares that the costs of preservation activities are eligible project costs in all undertakings conducted or assisted by a Federal agency.

     

    Amendments strengthen Section 110 provisions 

    The 1992 amendments to the Act further strengthened the provisions of Section 110. Under the law, the head of each Federal agency must do several things. First, he or she must assume responsibility for the preservation of historic properties owned or controlled by the agency. Each Federal agency must establish a preservation program for the identification, evaluation, nomination to the National Register, and protection of historic properties. Each Federal agency must consult with the Secretary of the Interior (acting through the Director of the National Park Service) in establishing its preservation programs. Each Federal agency must, to the maximum extent feasible, use historic properties available to it in carrying out its responsibilities. The 1992 additions to Section 110 also set out some specific benchmarks for Federal agency preservation programs, including:

     

    Benchmarks for agency preservation programs

     

    (a) historic properties under the jurisdiction or control of the agency are to be managed and maintained in a way that considers the preservation of their historic, archeological, architectural, and cultural values; archeological, architectural, and cultural values;

     

    (b) historic properties not under agency jurisdiction or control but potentially affected by agency actions are to be fully considered in agency planning;

     

    (c) agency preservation-related activities are to be carried out in consultation with other Federal, State, and local agencies, Indian tribes, Native Hawaiian organizations, and the private sector;

     

    (d) agency procedures for compliance with Section 106 of the Act are to be consistent with regulations issued by the Advisory Council on Historic Preservation; and

     

    (e) an agency may not grant assistance or a license or permit to an applicant who damages or destroys historic property with the intent of avoiding the requirements of Section 106, unless specific circumstances warrant such assistance. format of these guidelines

     

    The complete text of Section 110 is included within Appendix A to these guidelines. 

     

    Agency Use of These Standards and Guidelines for Evaluating Their Programs 

    The preservation and use of historic properties and their careful consideration in agency planning and decisionmaking are in the public interest, are consistent with the declaration of policy set forth in the NHPA, and must be a fundamental part of the mission of any Federal agency. These standards and guidelines are intended to assist Federal agency personnel and the agency head in carrying out their policies, programs, and projects in a manner consistent with the requirements and purposes of Section 110 of the NHPA, related statutory authorities, and existing regulations and guidance.


    An agency should use these standards and guidelines, and consultation with the Secretary and others, to ensure that the basic individual components of a preservation program called for in Section 110 are in place. The preservation program should also be fully integrated into both the general and specific operating procedures of the agency. The agency's preservation program should interact with the agency's management systems to ensure that historic preservation issues are considered in decisionmaking. The program should try to ensure that the agency's officials, employees, contractors, and other responsible parties have sufficient budgetary and personnel resources needed to identify, evaluate, nominate, manage, and use the historic properties under agency care or affected by agency actions.

    Consultation and Technical Assistance 

    Section 110(a)(2) requires that agency preservation programs be established "in consultation with the Secretary." Federal agencies seeking such consultation should contact the Associate Director, Cultural Resource Stewardship and Partnerships, National Park Service, Department of the Interior, 1849 C Street, NW, Washington, D.C. 20240. Consultation with the Secretary regarding an agency's program will be based upon the degree to which that program is consistent with the Act and with the standards and guidelines that follow. Upon request, the Secretary will also provide informal technical assistance to any agency on questions concerning the establishment or improvement of the agency's historic preservation program. Requests for technical assistance should also be addressed to the Associate Director, Cultural Resource Stewardship and Partnerships, National Park Service.

     

    Section 202(a)(6) of the Act provides that the Advisory Council may review Federal agency preservation programs and recommend improvements to such agencies. Where the Council carries out such a review, it will base any recommendations on its own regulations and policy statements, and on the standards and guidelines that follow. Federal agencies seeking such consultation should contact the Executive Director, Advisory Council on Historic Preservation, Old Post Office Building, 1100 Pennsylvania Avenue, N.W., #809, Washington, D.C.20004.

     

    The Secretary of the Interior's Standards for Federal Agency Historic Preservation Programs 

    These standards have no regulatory effect. Instead, they are the Secretary's formal guidance to each Federal agency on meeting the requirements of Section 110 of the Act. The guidelines provide information on the steps an agency must take to establish and maintain a preservation program that meets each of the applicable Secretary's Standards. 

  • Standard 1
    Each Federal agency establishes and maintains a historic preservation program that is coordinated by a qualified Preservation Officer, and that is consistent with and seeks to advance the purposes of the National Historic Preservation Act. The head of each Federal agency is responsible for the preservation of historic properties owned or controlled by the agency. [Sec. 110(a)(1), Sec. 110(a)(2), Sec. 110(c), and Sec. 110(d)]. 
  • Standard 2
    An agency provides for the timely identification and evaluation of historic properties under agency jurisdiction or control and/or subject to effect by agency actions. [Sec. 110(a)(2)(A), and Sec. 112]. 
  • Standard 3
    An agency nominates historic properties under the agency's jurisdiction or control to the National Register of Historic Places. [Sec. 110(a)(2)(A)]. 
  • Standard 4
    An agency gives historic properties full consideration when planning or considering approval of any action that might affect such properties. [Sec. 110(a)(2)(B),(C), and (E), Sec. 110(f) and Sec. 402(16 U.S.C. 470a–2)]. 
  • Standard 5
    An agency consults with knowledgeable and concerned parties outside the agency about its historic preservation related activities. [Sec. 110(a)(2)(D)]. 
  • Standard 6
    An agency manages and maintains historic properties under its jurisdiction or control in a manner that considers the preservation of their historic, architectural, archeological, and cultural values. [Sec. 110(a)(1), Sec. 110 (a)(2)(B), Sec. 110(b)]. 
  • Standard 7
    An agency gives priority to the use of historic properties to carry out agency missions. [Sec. 110(a)(1)]. For a cross-reference of each standard to the parts of Section 110, see Appendix A.