Notice2023-01188
Exemption From Historic Preservation Review for General Services Administration Routine Operations and Maintenance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 23, 2023
Effective
January 13, 2023
Issuing agencies
Advisory Council on Historic Preservation
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 14 (Monday, January 23, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Notices]
[Pages 4011-4017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01188]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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,
<a href="/cdn-cgi/l/email-protection#701c1c110615021e191130111318005e171f06"><span class="__cf_email__" data-cfemail="1e72727f687b6c70777f5e7f7d766e30797168">[email protected]</span></a>.
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 (<a href="https://www.gsa.gov/fine-arts">https://www.gsa.gov/fine-arts</a>) 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.