Draft Advisory Council on Historic Preservation Policy Statement on Affordable Housing and Historic Preservation, 40522-40524 [06-6254]
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40522
Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Notices
The meeting will be available via Web
cast at https://www.eventcenterlive.com/
cfmx/ec/login/login1.cfm?BID=67.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
ADVISORY COUNCIL ON HISTORIC
PRESERVATION
Dated: July 11, 2006.
Judith Sparrow,
Director, American Health Information
Community, Office of Programs and
Coordination, Office of the National
Coordinator for Health Information
Technology.
[FR Doc. 06–6257 Filed 7–14–06; 8:45 am]
National Committee on Vital and Health
Statistics: Meeting
Draft Advisory Council on Historic
Preservation Policy Statement on
Affordable Housing and Historic
Preservation
Pursuant to the Federal Advisory
Committee Act, the Department of
Health and Human Services (HHS)
announces the following advisory
committee meeting.
Name: National Committee on Vital
and Health Statistics (NCVHS)
Executive Subcommittee.
Time and Date: July 25, 2006, 9 a.m.–
4:30 p.m.
Place: Hamilton Crowne Plaza Hotel,
1001 14th Street, NW., Washington, DC
20005.
Status: Open.
Purpose: The Executive
Subcommittee will review issues from
the Full Committee Retreat and
strategize next steps for the Committee
For Further Information Contact:
Substantive program information as
well as summaries of meetings and a
roster of Committee members may be
obtained from Marjorie S. Greenberg,
Executive Secretary, NCVHS, National
Center for Health Statistics, Centers for
Disease Control and Prevention, 3311
Toledo Road, Room 2402, Hyattsville,
Maryland 20782, telephone (301) 458–
4245. Information also is available on
the NCVHS home page of the HHS Web
site: https://www.ncvhs.hhs.gov/, where
further information including an agenda
will be posted when available.
Should you require reasonable
accommodation, please contact the CDC
Office of Equal Employment
Opportunity on (301) 458–4EEO (4336)
as soon as possible.
Pursuant to the Federal Advisory
Committee Act, the Department of
Health and Human Services (HHS)
announces the following advisory
committee meeting.
Name: National Committee on Vital
and Health Statistics (NCVHS), Ad Hoc
Workgroup on the Nationwide Health
Information Network (NHIN).
Time and Date: July 26, 2006—8:30
a.m.–5 p.m.
Place: Hubert H. Humphrey Building,
200 Independence Avenue, SW., Room
325, Washington, DC 20201.
Status: Open.
Purpose: The Workgroup will hear
public testimony related to functional
requirements for a nationwide health
information network and to discuss next
steps in preparing a preliminary,
minimal but inclusive set of functional
requirements.
For Further Information Contact:
Substantive program information as
well as summaries of meetings and a
roster of committee members may be
obtained from Mary Jo Deering, Ph.D.,
Lead Staff Person for the NCVHS
Workgroup on the National Health
Information Infrastructure, NCI Center
for Strategic Dissemination and NCI
Center for Bioinformatics, National
Cancer Institute, National Institutes of
Health, 6116 Executive Boulevard—
Room 4087, Rockville, MD, 20852,
telephone (301) 594–8193, or Marjorie
S. Greenberg, Executive Secretary,
NCVHS, National Center for Health
Statistics, Centers for Disease Control
and Prevention, 3311 Toledo Road,
Room 2402, Hyattsville, Maryland
20782, telephone (301) 458–4245.
Information also is available on the
NCVHS home page of the HHS Web site:
https://www.ncvhs.hhs.gov/, where an
agenda for the meeting will be posted
when available.
Should you require reasonable
accommodation, please contact the CDC
Office of Equal Employment
Opportunity on (301) 458–4EEO (4336)
as soon as possible.
Dated: July 10, 2006.
James Scanlon,
Deputy Assistant Secretary for Science and
Data Policy, Office of the Assistant Secretary
for Planning and Evaluation.
[FR Doc. 06–6255 Filed 7–14–06; 8:45 am]
Dated: July 10, 2006.
James Scanlon,
Deputy Assistant Secretary for Science and
Data Policy, Office of the Assistant Secretary
for Planning and Evaluation.
[FR Doc. 06–6256 Filed 7–14–06; 8:45 am]
BILLING CODE 4151–05–M
BILLING CODE 4151–04–M
BILLING CODE 4150–24–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
rwilkins on PROD1PC63 with NOTICES
National Committee on Vital and Health
Statistics: Meeting
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Advisory Council on Historic
Preservation.
ACTION: Notice of Intent to Issue Policy
Statement on Affordable Housing and
Historic Preservation.
AGENCY:
SUMMARY: The Advisory Council on
Historic Preservation (ACHP) is
revisiting its ‘‘Policy Statement on
Affordable Housing and Historic
Preservation,’’ adopted in 1995 (1995
Policy). A Task Force composed of
ACHP members has drafted a revised
policy, and invites your views and
comments. The Task Force will use your
comments to finalize the draft policy
before presenting it to the full ACHP
membership for consideration and
possible adoption.
DATES: Submit comments on or before
August 16, 2006.
ADDRESSES: Address all comments
concerning this proposed program
comment to Don Klima, Director, Office
of Federal Agency Programs, Advisory
Council on Historic Preservation, 1100
Pennsylvania Avenue, NW., Suite 809,
Washington, DC 20004. Fax 202–606–
8672. You may submit electronic
comments to
affordablehousing@achp.gov.
FOR FURTHER INFORMATION CONTACT:
Don
Klima, (202) 606–8505.
The
Advisory Council on Historic
Preservation (ACHP) is an independent
Federal agency, created by the National
Historic Preservation Act, that promotes
the preservation, enhancement, and
productive use of our Nation’s historic
resources, and advises the President and
Congress on national historic
preservation policy.
Section 106 of the National Historic
Preservation Act (Section 106), 16
U.S.C. 470f, requires Federal agencies to
consider the effects of their
undertakings on historic properties and
provide the ACHP a reasonable
opportunity to comment with regard to
such undertakings. ACHP has issued the
regulations that set forth the process
through which Federal agencies comply
with these duties. Those regulations are
codified under 36 CFR part 800.
SUPPLEMENTARY INFORMATION:
I. Background on the Draft Policy
Statement
In 1995, the ACHP adopted the
‘‘Policy Statement on Affordable
E:\FR\FM\17JYN1.SGM
17JYN1
rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Notices
Housing and Historic Preservation’’
(1995 Policy) to serve as a guide for
Federal agencies and State Historic
Preservation Offices (SHPOs) when
making decisions about affordable
housing projects during review of
Federal undertakings under Section 106
and its implementing regulations. The
ACHP adopted the policy to guide
Federal agencies and SHPOs at a time
when conflicts between the dual goals
of providing affordable housing and
preserving historic properties was
making the achievement of either more
difficult. A decade later, the provision
of affordable housing was developed
into an even more pressing national
concern, prompting a reconsideration of
the principles in the 1995 Policy.
In 2005, the ACHP Chairman
convened an Affordable Housing Task
Force to revisit the 1995 Policy in light
of changes to the Section 106
regulations since 1999 and other ACHP
initiatives. Members of the Task Force
include the U.S. Department of
Agriculture, U.S. Department of the
Interior, the National Conference of
State Historic Preservation Officers
(NCSHPO), the National Trust for
Historic Preservation, and citizen
members, Emily Summers, and Jack
Williams, Chair. The U.S. Department of
Housing and Urban Development
participates in the Task Force as an
ACHP observer.
The Task Force began meeting in
April 2005 to consider to what extent
the 1995 Policy had been implemented
and whether the 1995 Policy had
improved the effectiveness and
efficiency of historic preservation
reviews for affordable housing projects.
The Task Force conducted an online
survey of stakeholders in AugustSeptember 2005 to solicit the views of
housing providers, local governments,
and the historic preservation
community regarding the significance of
the 1995 Policy and its practical
application in the field. The goal of the
survey was to assess whether the 1995
Policy had made an appreciable
difference in the planning, outcomes,
and implementation schedule for
completing affordable housing projects
that affected historic properties.
The ACHP posted the survey online,
and individual task force members with
connections to various constituencies
sent e-mail notices and invitations to a
broad distribution of Section 106
participants and housing providers.
During the 30 days that the survey was
posted on the ACHP Web site, nearly
350 individuals responded to the
invitation to comment.
After conducting additional research
efforts, the Task Force concluded in
VerDate Aug<31>2005
17:41 Jul 14, 2006
Jkt 208001
November 2005 that revision of the 1995
Policy is necessary to achieve the goals
of promoting historic preservation
through the creation of affordable
housing. Further, it was agreed that
there were still opportunities to make
the Section 106 review process more
effective and efficient for these types of
undertakings.
The Task Force has drafted a revised
Policy Statement on Affordable Housing
and Historic Preservation (text at the
end of this notice). The ACHP invites
the comments of the public on the draft
policy statement, particularly as it
relates to the following questions:
—How can the approaches outlined in
the draft policy statement be used to
address your concerns about
combining and balancing the goals of
historic preservation and the
provision of affordable housing?
—How will the principles outlined in
the draft policy statement foster and
provide a framework for consultation
in affordable housing undertakings?
—How will the draft policy statement
assist Federal agencies, local
governments, developers, and other
housing providers in planning and
designing affordable housing projects
to preserve and reuse historic
properties and to revitalize distressed
neighborhoods?
—What form of guidance would be most
useful to you in the implementation
of the principles outlined in this draft
policy statement?
—What major obstacles to providing
affordable housing with or near
historic properties are not addressed
in the draft policy statement?
If you have specific experiences in
using the 1995 Policy in the planning
and implementation of affordable
housing projects that you believe will
inform the revision of the Policy
Statement, we encourage you to share
this information in your comments.
II. Text of the Draft Policy
The following is the text of the draft
policy:
Advisory Council on Historic
Preservation (ACHP) Policy Statement
on Affordable Housing and Historic
Preservation
Historic buildings provide affordable
housing to many American families.
Affordable housing rehabilitation can
contribute to the ongoing vitality of
historic neighborhoods as well as of the
businesses and institutions that serve
them. Rehabilitation can be an
important historic preservation strategy.
Federal agencies that help America meet
its need for safe, decent, and affordable
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40523
housing, most notably the U.S.
Department of Housing Development
(HUD) and the U.S. Department of
Agriculture’s (USDA’s) Rural
Development agency, often work with or
near historic properties.
The ACHP considers affordable
housing for the purposes of this policy
to be Federally-subsidized, single- and
multi-family housing for individuals
and families that make less than 80% of
the area median income. It includes, but
is not limited to, Federal assistance for
new construction, rehabilitation,
mortgage insurance, and loan
guarantees.
National policy encompasses both
preserving historic resources and
providing affordable housing. The
National Historic Preservation Act
(NHPA) of 1966, as amended, directs the
Federal government to foster conditions
under which modern society and
prehistoric and historic resources can
exist in productive harmony and ‘‘fulfill
the social, economic, and other
requirements of present and future
generations.’’ Similarly, affordable
housing legislation like the CranstonGonzalez Act of 1990, which aims to
‘‘expand the supply of decent, safe,
sanitary, and affordable housing,’’
anticipates historic preservation as a
tool for meeting its goals. Actively
seeking ways to reconcile historic
preservation goals with the special
economic and social needs associated
with affordable housing is critical in
addressing one of the nation’s most
pressing challenges.
Providing affordable housing is a
growing national need that continues to
challenge housing providers and
preservationists.
In issuing this policy statement, the
ACHP, consistent with Section 202 of
the NHPA, offers a flexible approach for
affordable housing projects involving
historic properties. Section 106 of the
National Historic Preservation Act
(Section 106) requires Federal agencies
to take into account the effect of their
actions on historic properties and afford
the ACHP a reasonable opportunity to
comment. This policy provides a
framework for meeting these
requirements for affordable housing.
Federal tax incentives provide
opportunities for historic preservation
and affordable housing to work together,
including the Low-Income Building Tax
Credit and the Historic Rehabilitation
Tax Credit. Projects taking advantage of
the Historic Rehabilitation Tax Credit
must be reviewed by the National Park
Service (NPS) for adherence to the
Secretary of the Interior’s Standards for
Rehabilitation and Guidelines for
Rehabilitating Historic Buildings
E:\FR\FM\17JYN1.SGM
17JYN1
40524
Federal Register / Vol. 71, No. 136 / Monday, July 17, 2006 / Notices
(Secretary’s Standards) in a separate and
distinct process. Review of thee projects
is more comprehensive than Section 106
review and necessitates early
coordination with NPS and the State
Historic Preservation Officer (SHPO)
since work must adhere to the
Secretary’s Standards to obtain the tax
credit. Nonetheless, coordination with
Section 106 consultation and these
reviews frequently occurs.
In an effort to better focus Section 106
reviews for affordable housing, the
ACHP encourages Federal and State
agencies, SHPOs, Tribal Historic
Preservation Officers (THPOs), local
governments, housing providers, and
other consulting parties to use the
following principles in Section 106
consultation.
rwilkins on PROD1PC63 with NOTICES
Implementation Principles
I. Rehabilitating historic properties to
provide affordable housing is a sound
historic preservation strategy.
II. Federal agencies and State and local
government entities assuming HUD’s
environmental review requirements are
responsible for ensuring compliance with
Section 106.
III. Review of effects in historic districts
should focus on exterior features.
IV. Consultation should consider the
overall preservation goals of the community.
V. Plans and specifications should adhere
to the Secretary’s Standards when possible
and practical.
VI. Section 106 consultation should
emphasize consensus building.
VII. The ACHP encourages streamlining the
Section 106 process to respond to local
conditions.
VIII. The need for archeological
investigations should be avoided.
I. Rehabilitating historic properties to
provide affordable housing is a sound
historic preservation strategy.
Continued investment in historic
buildings through rehabilitation and
repair for affordable housing purposes
and stabilization of historic districts
through the construction of infill
housing should be recognized as
contributing to the broad historic
preservation goals of neighborhood
revitalization and retention.
II. Federal agencies and State and
local government entities assuming
HUD’s environmental review
requirements are responsible for
ensuring compliance with Section 106.
Federal agencies, notably USDA Rural
Development and HUD, provide
important funding for affordable
housing. These Federal agencies, and
funding recipients assuming HUD’s
environmental review requirements,
must comply with Section 106. SHPOs,
THPOs, and local historic preservation
commissions provide expert opinions
and advice during consultation.
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17:41 Jul 14, 2006
Jkt 208001
Consultation should be concluded and
outcomes recorded prior to the
expenditure of funds.
III. Review of effects in historic
districts should focus on exterior
features. Section 106 review of effects
focuses on the characteristics that
qualify a property for listing in the
National Register of Historic Places, The
significance of historic districts is
typically associated with exterior
features. Accordingly, unless a building
is listed or considered eligible for listing
in the National Register as an individual
property or specific interior elements
contribute to maintaining a district’s
character, review under Section 106
should focus on proposed changes to
the exterior. In all cases, identifying the
features that qualify a property for
inclusion in the National Register
defines the scope of Section 106 review.
IV. Consultation should consider the
overall preservation goals of the
community. When assessing, and
negotiating the resolution of, the effects
of affordable housing projects on
historic properties, consultation should
focus not simply on individual
buildings but on the historic
preservation goals of the broader
neighborhood or community. If the
affected historic property is a historic
district, the agency official should
assess effects on the historic district as
a whole. Proposals to demolish historic
properties for new replacement housing
should be based on background
documentation that addresses the
broader context of the historic district
and evaluates the economic and
structural feasibility of rehabilitation
that advances affordable housing.
V. Plans and specifications should
adhere to the Secretary’s Standards
when possible and practical. The
Secretary’s Standards outline a
consistent national approach to the
treatment of historic properties that can
be applied flexibly in a way that relates
to local character and needs. Plans and
specifications for rehabilitation, new
construction, and abatement of
hazardous conditions in affordable
housing projects associated with
historic properties should adhere to the
recommended approaches in the
Secretary’s Standards when possible
and practical. The ACHP recognizes that
there are instances when the Secretary’s
Standards cannot be followed and that
Section 106 allows for the negotiation of
other outcomes.
VI. Section 106 consultation should
emphasize consensus building. Section
106 review strives to build consensus
with affected communities in all phases
of the process. Consultation with
affected communities should be on a
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
scale appropriate to that of the
undertaking. Various stakeholders,
including community members and
neighborhood residents, should be
included in the Section 106 review
process as consulting parties so that the
full range of issues can be addressed in
developing a balance between historic
preservation and affordable housing
goals.
VII. The ACHP encourages
streamlining the Section 106 process to
respond to local conditions. The ACHP
encourages participants to seek
innovative and practical ways to
streamline the Section 106 process that
respond to unique local conditions
related to the delivery of affordable
housing. Programmatic Agreements
often delegate the Section 106 review
role of the SHPO to local governments,
particularly where local preservation
ordinances exist and/or where qualified
preservation professionals are employed
to improve the efficiency of historic
preservation reviews. Such agreements
may also target the Section 106 review
process to local circumstances that
warrant the creation of exempt
categories for routine activities, the
adoption of ‘‘treatment and design
protocol’’ for rehabilitation and new
infill construction, and the development
of design guidelines tailored to a
specific historic district and/or
neighborhood.
VIII. The need for archeological
investigations should be avoided.
Archeological investigations should not
be required for affordable housing
projects limited to rehabilitation and
requiring minimal ground disturbance.
Authority: 16 U.S.C. 470j.
Dated: July 12, 2006.
Don Klima,
Acting Executive Director.
[FR Doc. 06–6254 Filed 7–14–06; 8:45 am]
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Notice of Meeting of The Departmental
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Operations of Customs and Border
Protection and Related Homeland
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U.S. Customs and Border
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AGENCY:
SUMMARY: The Departmental Advisory
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E:\FR\FM\17JYN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 136 (Monday, July 17, 2006)]
[Notices]
[Pages 40522-40524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6254]
=======================================================================
-----------------------------------------------------------------------
ADVISORY COUNCIL ON HISTORIC PRESERVATION
Draft Advisory Council on Historic Preservation Policy Statement
on Affordable Housing and Historic Preservation
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice of Intent to Issue Policy Statement on Affordable
Housing and Historic Preservation.
-----------------------------------------------------------------------
SUMMARY: The Advisory Council on Historic Preservation (ACHP) is
revisiting its ``Policy Statement on Affordable Housing and Historic
Preservation,'' adopted in 1995 (1995 Policy). A Task Force composed of
ACHP members has drafted a revised policy, and invites your views and
comments. The Task Force will use your comments to finalize the draft
policy before presenting it to the full ACHP membership for
consideration and possible adoption.
DATES: Submit comments on or before August 16, 2006.
ADDRESSES: Address all comments concerning this proposed program
comment to Don Klima, Director, Office of Federal Agency Programs,
Advisory Council on Historic Preservation, 1100 Pennsylvania Avenue,
NW., Suite 809, Washington, DC 20004. Fax 202-606-8672. You may submit
electronic comments to affordablehousing@achp.gov.
FOR FURTHER INFORMATION CONTACT: Don Klima, (202) 606-8505.
SUPPLEMENTARY INFORMATION: The Advisory Council on Historic
Preservation (ACHP) is an independent Federal agency, created by the
National Historic Preservation Act, that promotes the preservation,
enhancement, and productive use of our Nation's historic resources, and
advises the President and Congress on national historic preservation
policy.
Section 106 of the National Historic Preservation Act (Section
106), 16 U.S.C. 470f, requires Federal agencies to consider the effects
of their undertakings on historic properties and provide the ACHP a
reasonable opportunity to comment with regard to such undertakings.
ACHP has issued the regulations that set forth the process through
which Federal agencies comply with these duties. Those regulations are
codified under 36 CFR part 800.
I. Background on the Draft Policy Statement
In 1995, the ACHP adopted the ``Policy Statement on Affordable
[[Page 40523]]
Housing and Historic Preservation'' (1995 Policy) to serve as a guide
for Federal agencies and State Historic Preservation Offices (SHPOs)
when making decisions about affordable housing projects during review
of Federal undertakings under Section 106 and its implementing
regulations. The ACHP adopted the policy to guide Federal agencies and
SHPOs at a time when conflicts between the dual goals of providing
affordable housing and preserving historic properties was making the
achievement of either more difficult. A decade later, the provision of
affordable housing was developed into an even more pressing national
concern, prompting a reconsideration of the principles in the 1995
Policy.
In 2005, the ACHP Chairman convened an Affordable Housing Task
Force to revisit the 1995 Policy in light of changes to the Section 106
regulations since 1999 and other ACHP initiatives. Members of the Task
Force include the U.S. Department of Agriculture, U.S. Department of
the Interior, the National Conference of State Historic Preservation
Officers (NCSHPO), the National Trust for Historic Preservation, and
citizen members, Emily Summers, and Jack Williams, Chair. The U.S.
Department of Housing and Urban Development participates in the Task
Force as an ACHP observer.
The Task Force began meeting in April 2005 to consider to what
extent the 1995 Policy had been implemented and whether the 1995 Policy
had improved the effectiveness and efficiency of historic preservation
reviews for affordable housing projects. The Task Force conducted an
online survey of stakeholders in August-September 2005 to solicit the
views of housing providers, local governments, and the historic
preservation community regarding the significance of the 1995 Policy
and its practical application in the field. The goal of the survey was
to assess whether the 1995 Policy had made an appreciable difference in
the planning, outcomes, and implementation schedule for completing
affordable housing projects that affected historic properties.
The ACHP posted the survey online, and individual task force
members with connections to various constituencies sent e-mail notices
and invitations to a broad distribution of Section 106 participants and
housing providers. During the 30 days that the survey was posted on the
ACHP Web site, nearly 350 individuals responded to the invitation to
comment.
After conducting additional research efforts, the Task Force
concluded in November 2005 that revision of the 1995 Policy is
necessary to achieve the goals of promoting historic preservation
through the creation of affordable housing. Further, it was agreed that
there were still opportunities to make the Section 106 review process
more effective and efficient for these types of undertakings.
The Task Force has drafted a revised Policy Statement on Affordable
Housing and Historic Preservation (text at the end of this notice). The
ACHP invites the comments of the public on the draft policy statement,
particularly as it relates to the following questions:
--How can the approaches outlined in the draft policy statement be used
to address your concerns about combining and balancing the goals of
historic preservation and the provision of affordable housing?
--How will the principles outlined in the draft policy statement foster
and provide a framework for consultation in affordable housing
undertakings?
--How will the draft policy statement assist Federal agencies, local
governments, developers, and other housing providers in planning and
designing affordable housing projects to preserve and reuse historic
properties and to revitalize distressed neighborhoods?
--What form of guidance would be most useful to you in the
implementation of the principles outlined in this draft policy
statement?
--What major obstacles to providing affordable housing with or near
historic properties are not addressed in the draft policy statement?
If you have specific experiences in using the 1995 Policy in the
planning and implementation of affordable housing projects that you
believe will inform the revision of the Policy Statement, we encourage
you to share this information in your comments.
II. Text of the Draft Policy
The following is the text of the draft policy:
Advisory Council on Historic Preservation (ACHP) Policy Statement on
Affordable Housing and Historic Preservation
Historic buildings provide affordable housing to many American
families. Affordable housing rehabilitation can contribute to the
ongoing vitality of historic neighborhoods as well as of the businesses
and institutions that serve them. Rehabilitation can be an important
historic preservation strategy. Federal agencies that help America meet
its need for safe, decent, and affordable housing, most notably the
U.S. Department of Housing Development (HUD) and the U.S. Department of
Agriculture's (USDA's) Rural Development agency, often work with or
near historic properties.
The ACHP considers affordable housing for the purposes of this
policy to be Federally-subsidized, single- and multi-family housing for
individuals and families that make less than 80% of the area median
income. It includes, but is not limited to, Federal assistance for new
construction, rehabilitation, mortgage insurance, and loan guarantees.
National policy encompasses both preserving historic resources and
providing affordable housing. The National Historic Preservation Act
(NHPA) of 1966, as amended, directs the Federal government to foster
conditions under which modern society and prehistoric and historic
resources can exist in productive harmony and ``fulfill the social,
economic, and other requirements of present and future generations.''
Similarly, affordable housing legislation like the Cranston-Gonzalez
Act of 1990, which aims to ``expand the supply of decent, safe,
sanitary, and affordable housing,'' anticipates historic preservation
as a tool for meeting its goals. Actively seeking ways to reconcile
historic preservation goals with the special economic and social needs
associated with affordable housing is critical in addressing one of the
nation's most pressing challenges.
Providing affordable housing is a growing national need that
continues to challenge housing providers and preservationists.
In issuing this policy statement, the ACHP, consistent with Section
202 of the NHPA, offers a flexible approach for affordable housing
projects involving historic properties. Section 106 of the National
Historic Preservation Act (Section 106) requires Federal agencies to
take into account the effect of their actions on historic properties
and afford the ACHP a reasonable opportunity to comment. This policy
provides a framework for meeting these requirements for affordable
housing.
Federal tax incentives provide opportunities for historic
preservation and affordable housing to work together, including the
Low-Income Building Tax Credit and the Historic Rehabilitation Tax
Credit. Projects taking advantage of the Historic Rehabilitation Tax
Credit must be reviewed by the National Park Service (NPS) for
adherence to the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings
[[Page 40524]]
(Secretary's Standards) in a separate and distinct process. Review of
thee projects is more comprehensive than Section 106 review and
necessitates early coordination with NPS and the State Historic
Preservation Officer (SHPO) since work must adhere to the Secretary's
Standards to obtain the tax credit. Nonetheless, coordination with
Section 106 consultation and these reviews frequently occurs.
In an effort to better focus Section 106 reviews for affordable
housing, the ACHP encourages Federal and State agencies, SHPOs, Tribal
Historic Preservation Officers (THPOs), local governments, housing
providers, and other consulting parties to use the following principles
in Section 106 consultation.
Implementation Principles
I. Rehabilitating historic properties to provide affordable
housing is a sound historic preservation strategy.
II. Federal agencies and State and local government entities
assuming HUD's environmental review requirements are responsible for
ensuring compliance with Section 106.
III. Review of effects in historic districts should focus on
exterior features.
IV. Consultation should consider the overall preservation goals
of the community.
V. Plans and specifications should adhere to the Secretary's
Standards when possible and practical.
VI. Section 106 consultation should emphasize consensus
building.
VII. The ACHP encourages streamlining the Section 106 process to
respond to local conditions.
VIII. The need for archeological investigations should be avoided.
I. Rehabilitating historic properties to provide affordable housing
is a sound historic preservation strategy. Continued investment in
historic buildings through rehabilitation and repair for affordable
housing purposes and stabilization of historic districts through the
construction of infill housing should be recognized as contributing to
the broad historic preservation goals of neighborhood revitalization
and retention.
II. Federal agencies and State and local government entities
assuming HUD's environmental review requirements are responsible for
ensuring compliance with Section 106. Federal agencies, notably USDA
Rural Development and HUD, provide important funding for affordable
housing. These Federal agencies, and funding recipients assuming HUD's
environmental review requirements, must comply with Section 106. SHPOs,
THPOs, and local historic preservation commissions provide expert
opinions and advice during consultation. Consultation should be
concluded and outcomes recorded prior to the expenditure of funds.
III. Review of effects in historic districts should focus on
exterior features. Section 106 review of effects focuses on the
characteristics that qualify a property for listing in the National
Register of Historic Places, The significance of historic districts is
typically associated with exterior features. Accordingly, unless a
building is listed or considered eligible for listing in the National
Register as an individual property or specific interior elements
contribute to maintaining a district's character, review under Section
106 should focus on proposed changes to the exterior. In all cases,
identifying the features that qualify a property for inclusion in the
National Register defines the scope of Section 106 review.
IV. Consultation should consider the overall preservation goals of
the community. When assessing, and negotiating the resolution of, the
effects of affordable housing projects on historic properties,
consultation should focus not simply on individual buildings but on the
historic preservation goals of the broader neighborhood or community.
If the affected historic property is a historic district, the agency
official should assess effects on the historic district as a whole.
Proposals to demolish historic properties for new replacement housing
should be based on background documentation that addresses the broader
context of the historic district and evaluates the economic and
structural feasibility of rehabilitation that advances affordable
housing.
V. Plans and specifications should adhere to the Secretary's
Standards when possible and practical. The Secretary's Standards
outline a consistent national approach to the treatment of historic
properties that can be applied flexibly in a way that relates to local
character and needs. Plans and specifications for rehabilitation, new
construction, and abatement of hazardous conditions in affordable
housing projects associated with historic properties should adhere to
the recommended approaches in the Secretary's Standards when possible
and practical. The ACHP recognizes that there are instances when the
Secretary's Standards cannot be followed and that Section 106 allows
for the negotiation of other outcomes.
VI. Section 106 consultation should emphasize consensus building.
Section 106 review strives to build consensus with affected communities
in all phases of the process. Consultation with affected communities
should be on a scale appropriate to that of the undertaking. Various
stakeholders, including community members and neighborhood residents,
should be included in the Section 106 review process as consulting
parties so that the full range of issues can be addressed in developing
a balance between historic preservation and affordable housing goals.
VII. The ACHP encourages streamlining the Section 106 process to
respond to local conditions. The ACHP encourages participants to seek
innovative and practical ways to streamline the Section 106 process
that respond to unique local conditions related to the delivery of
affordable housing. Programmatic Agreements often delegate the Section
106 review role of the SHPO to local governments, particularly where
local preservation ordinances exist and/or where qualified preservation
professionals are employed to improve the efficiency of historic
preservation reviews. Such agreements may also target the Section 106
review process to local circumstances that warrant the creation of
exempt categories for routine activities, the adoption of ``treatment
and design protocol'' for rehabilitation and new infill construction,
and the development of design guidelines tailored to a specific
historic district and/or neighborhood.
VIII. The need for archeological investigations should be avoided.
Archeological investigations should not be required for affordable
housing projects limited to rehabilitation and requiring minimal ground
disturbance.
Authority: 16 U.S.C. 470j.
Dated: July 12, 2006.
Don Klima,
Acting Executive Director.
[FR Doc. 06-6254 Filed 7-14-06; 8:45 am]
BILLING CODE 4310-K6-M
