ADVISORY COUNCIL ON HISTORIC PRESERVATION 1100 pennsylvania avenue nw, suite 809 • washington, dc 20004 the preserve america executive order phone: 202-606-8503 • fax: 202-606-8647 www.achp.gov report to the president the preserve america executive order report to the president

in a spirit of stewardship a report on federal historic property management

February 15, 2006

Cover photo (mirror image of actual buildings): The renovation and expansion of the United States Courthouse in Erie, Pennsylvania not only melded a historic structure with a contemporary addition in a project that has won architectural merit awards, but also was key to revitalizing and spurring economic ADVISORY COUNCIL ON HISTORIC PRESERVATION development is a deteriorating 1100 pennsylvania avenue nw, suite 809 • washington, dc 20004 urban area. (Michael Thomas, Architectural Photography) phone: 202-606-8503 • fax: 202-606-8647 www.achp.gov TABLE OF CONTENTS

Chairman’s Message ...... ii Acknowledgements ...... iii Acronyms and Abbreviations ...... iv Executive Summary ...... 1 Chapter 1: Introduction and Background ...... 5 Chapter 2: Current State of Federal Stewardship ...... 13 Chapter 3: Overview of Agency Section 3 Reports ...... 25 Chapter 4: Opportunities to Support Local Economic Development ...... 31 Chapter 5: 2005 Progress Reports ...... 37 Chapter 6: Findings and Recommendations ...... 43 Chapter 7: Next Steps ...... 55

An independent Federal agency, the Advisory Figures: Council on Historic Preservation (ACHP) Figure No. 1. Advisory Guidelines Implementing EO 13287, “Preserve America,” promotes the preservation, enhancement, Section 3: Improving Federal Agency Planning and Accountability and productive use of our Nation’s historic “10 Major Questions for Preparing Section 3 Reports” ...... 11 resources, and advises the President and Figure No. 2. Selected Federal Statutes, Regulations, and Guidelines Congress on national historic preservation Regarding Federal Property Management ...... 21 policy. It also provides a forum for infl uencing Figure No. 3. Chart on Agency Use of ACHP Advisory Guidelines ...... 27 Federal activities, programs, and policies Figure No. 4. Chart on Agency Application of National Register Criteria ...... 28 that affect historic properties. In addition, the ACHP has a key role in carrying out the Figure No. 5. Chart on Agency Partnerships ...... 30 Administration’s Preserve America initiative. Figure No. 6. Graph on Federally Owned Properties Listed on the National Register ...... 39 Figure No. 7. Excerpts from 2005 Section 3 Progress Reports that John L. Nau, III, of Houston, Texas, is chairman Demonstrate Improved Federal Stewardship ...... 41 of the 20-member Council, which is served by a professional staff in Washington, DC. For more Appendices: information about the ACHP, contact: A. Executive Order No. 13287: Preserve America ...... 59 B. Advisory Council on Historic Preservation Membership ...... 62 Advisory Council on Historic Preservation C. Title 41—Public Contracts and Property Management 1100 Pennsylvania Avenue NW, Suite 809 Subtitle C—Federal Property Management Regulations System Washington, DC 20004 Chapter 102—Federal Management Regulations ...... 63 Phone: 202-606-8503 D. Executive Branch Agencies Compliance with Executive Order No. 13287 and No. 13327 ...... 66 Web site: www.achp.gov E. Federal Agency Websites ...... 68

advisory council on historic preservation i ACKNOWLEDGEMENTS ACRONYMS AND ABBREVIATIONS

The ACHP wishes to extend its appreciation and thanks to the following individuals and ACHP Advisory Council on Historic Preservation organizations for their time and contributions in assisting the ACHP to implement the BPP Building Preservation Plan provisions of Section 3 of EO 13287: BRAC Base Realignment and Closure CARES Capital Asset Realignment for Advisory Guidelines Working Group Federal Agency Programs Committee (cont.) Enhanced Services Caroline Alderson, General Services General Services Administration C.F.R Code of Federal Regulations Administration Gerald Peter Jemison CRM Cultural Resource Management Richard Brooks, Bureau of Land Management John G. Williams, III DoD Department of Defense DOI Department of the Interior Robin Burgess, Bureau of Land Management Julia King EO Executive Order Mike Kaczor, Forest Service FAP Federal Archeology Program Ken Kumor, National Aeronautics Advisory Council on Historic Preservation FASAB Federal Accounting Standards Board and Space Administration John Fowler, Executive Director FPO Federal Preservation Offi cer Barbara Little, National Park Service Charlene Dwin Vaughn FRPC Federal Real Property Council Capt. Jay Manick, United States Coast Guard (principal report author) FWS Fish and Wildlife Service GAO Government Accountability Offi ce Tina Norwood, formerly with Ron Anzalone, Director, GSA General Services Administration United States Postal Service Offi ce of Preservation Initiatives NEPA National Environmental Policy Act, 1969 Maureen Sullivan, Department of Defense Sharon Conway, Director, Offi ce of NHL National Historic Landmark Donald Sutherland, Bureau of Indian Affairs Communication, Education, and Outreach NHPA National Historic Preservation Act, 1966 Jay Thomas, Department of the Navy Karen Theimer Brown OMB Offi ce of Management and Budget Dallan Wordekemper, United States Laura Henley Dean PA Programmatic Agreement Postal Service Bruce Milhans The Register National Register of Historic Places; also National Register Rezaur Rahman SHPO State Historic Preservation Offi cer Federal Agency Programs Committee THPO Tribal Historic Preservation Offi cer Alan Hantman, Committee Chairman National Park Service U.S.C United States Code Bernadette Castro, Vice Chairman David Banks VA Department of Veteran’s Affairs Department of Defense Constance Ramirez Department of Transportation Richard Waldbauer

the preserve america executive order, report to the president advisory council on historic preservation ii iii CHAIRMAN’S MESSAGE EXECUTIVE SUMMARY

As required by Executive Order No. 13287 The response from agencies to this require- “Preserve America”, the Advisory Council ment of EO 13287 has been impressive. An on Historic Preservation respectfully submits analysis of the agency submissions is the basis this report to the President on the state of the of the fi ndings and recommendations in this Federal Government’s historic properties and report. Agencies acknowledge that they must their contribution to local economic develop- continue to inventory, use, and protect their ment. We are pleased to report that agencies historic properties. Many also indicated that have made great strides in meeting their Federal they embrace the opportunity presented by stewardship responsibilities in recent years. the Preserve America program, of which EO This report acknowledges that Federal historic 13287 is a component, to develop public- properties are not only valuable assets, but also private partnerships that support heritage yield economic, social, and cultural benefi ts to tourism and heritage education, and communities and the Nation. contribute to the local economy.

The issuance of EO 13287 on March 3, 2003, Through the development of guidance, Chairman John L. Nau, III, was a momentous occasion in Federal steward- training, grant incentives, and best practices Chairman, Advisory Council ship. With this EO, the most far reaching in under the Preserve America program, we hope on Historic Preservation. over thirty years, the President reaffi rmed the to assist agencies in improving their use of need for Federal agencies to assume a leadership Federal historic properties to support agency role in the management of historic properties missions and to foster community pride and and in setting an example for historic preserva- enjoyment. We believe this is an achievable tion. Federally owned historic properties are im- goal, and we look forward to helping agen- portant to the economic viability of tribal, State, cies as they work to foster understanding and and local communities, as well as the Federal pride in our collective history and fulfi ll its government. Thus, adding a new dimension to promise to the future. Federal stewardship.

Section 3 of EO 13287 requires agencies to assess their historic property inventory and de- termine their condition and management needs. In addition, agencies are required to review their John L. Nau, III internal regulations, policies, and procedures Chairman for compliance with applicable provisions of the Advisory Council on Historic Preservation National Historic Preservation Act of 1966. February 15, 2006

the preserve america executive order, report to the president iv Clover Hill Tavern, Appomattox, VA 3 • agency regulations, management policies, and operating procedures that address and Clay S. Johnson, III, Deputy comply with the requirements in Sections Director for Management, 110 and 111 of the National Historic Offi ce of Management and Budget, addressing senior Preservation Act (NHPA); and policy offi cials on February • the need to revise agency regulations, 20, 2004, at a session management policies, and operating proce- dedicated to explaining the dures to bring them into compliance with importance of heritage, the Sections 110 and 111 of the NHPA. Preserve America initiative, and compliance with Executive EXECUTIVE SUMMARY Order 13287. Eisenhower Although the reports varied in presentation and Executive Offi ce Building, length, all responding agencies provided compre- Washington, D.C. hensive information and insightful, candid as- (Advisory Council on Historic Preservation) sessments of their historic preservation programs and their management strategies for dealing with historic properties in their care. The reports This is the fi rst triennial report to the Presi- agencies, to aid reporting agencies in prepar- revealed the following 10 patterns and trends: dent—required under Executive Order (EO) ing their initial Section 3 reports. Most agen- No. 13287, “Preserve America”—addressing cies followed the ACHP’s advisory guidelines 1. All agencies have some form of inventory the state of the Federal Government’s historic to organize their information, which simpli- of historic properties, but they do not 7. Half of the Federal Preservation Offi cers properties and their contribution to local fi ed the task of discerning patterns and trends necessarily include all potential historic designated by the agencies have addi- economic development. EO 13287, signed by in how agencies manage historic properties in property types. tional duties besides historic preservation. the President on March 3, 2003, reaffi rms the the 21st century. 2. Agencies use differing terminology when 8. Approximately half of the agencies Federal Government’s responsibility to show referring to historic properties. involve stakeholders in planning and leadership in preserving America’s heritage by In coordination with the Secretary of the Inte- 3. Historic properties are evaluated to deter- management decisions related to “actively advancing the protection, enhance- rior, represented by the National Park Service mine their eligibility for listing in the Na- historic properties. ment, and contemporary use of the historic (NPS), the ACHP reviewed the initial Section tional Register of Historic Places, but this 9. Nineteen agencies indicate that they had properties owned by the Federal Government, 3 reports and the progress reports. A total of 35 is not necessarily followed up with formal security and restricted access issues that and by promoting intergovernmental coopera- agencies—the 33 Federal agencies that manage nomination to the National Register. compromised the use of their properties tion and partnerships for the preservation and real property and 2 that do not own or manage 4. Many agencies do not have qualifi ed for local economic development. use of historic properties.” The EO is part of Federal property—submitted reports by the Sep- professionals that routinely monitor the 10. Approximately two-thirds of agencies a broader Administration initiative, “Preserve tember 30, 2004, deadline for the initial report. general condition of historic properties. have developed partnerships with other America,” to promote the preservation and Two-thirds of these agencies submitted progress 5. One-third of agencies have agency-spe- Federal agencies and non-Federal entities productive use of the nation’s heritage assets. reports by the September 30, 2005, deadline. cifi c internal procedures to implement to manage and operate some of their Section 110 of the NHPA, which directs historic properties. Information in this document came primarily The initial reports helped identify the following: Federal agencies to establish a compre- from two kinds of reports submitted by real hensive framework for programs to carry Progress reports, due one year after the initial property managing agencies within the Execu- • the status of each agency’s inventory of out national preservation policies related reports, were to focus on recent developments tive Branch pursuant to EO 13287: the 2004 historic properties; to Federal stewardship. made by the agency in identifying, protecting, Section 3 baseline reports required by Section • the general condition and management 6. Only fi ve agencies have internal pro- and using historic properties in its owner- 3(a-b), and the 2005 progress reports required needs of such properties and steps underway cedures to implement Section 111 of ship. These reports clarifi ed or expanded on by Section 3(c). to meet those defi ned management needs; the NHPA, which allows the Federal a number of issues that the ACHP and the • the suitability of the agency’s types of Government to make historic properties NPS included in their comments on the initial In October 2003, the ACHP developed advi- properties for contributing to community available through leases, exchanges, and Section 3 reports. In general, the information sory guidelines, with the assistance of a work- economic development initiatives, includ- cooperative agreements with Federal and submitted addressed the 10 patterns and ing group of Federal real property managing ing heritage tourism; non-Federal entities. trends from the agency’s perspective.

the preserve america executive order, report to the president advisory council on historic preservation 2 3 executive summary

The reports also illustrated how agencies were The six major fi ndings of the report can be supporting the Preserve America initiative. summarized as follows: The reports described creative actions such as outleasing unneeded properties, fi nding uses for 1. Real property managing agencies with underutilized buildings, forming public-private large inventories need comprehensive partnerships, taking actions to complement and knowledge of the historic property support local heritage tourism programs, and assets they manage. giving priority to Preserve America communities 2. Strategic plans prepared by real property applying for Federal grants. managing agencies should recognize and address historic property management chapter 1 INTRODUCTION AND BACKGROUND needs in the development of business plans, facilities management activities, and capital improvement plans and projects. 3. Agencies should review staffi ng and funding priorities for their historic preservation programs in order meet the goals of the NHPA and EO 13287. 4. Agency-specifi c directives and guidance are needed to implement the Adminis- tration’s policies regarding public-pri- vate partnerships for managing Federal historic properties in ways that support agency missions and foster local economic development. 5. Agencies need to adopt internal proce- John L. Nau, III, Chairman, The state of Federal historic property manage- dures that ensure timely consideration Advisory Council on Historic ment can be summarized as improving but in of alternative uses of historic properties Preservation, addresses need of greater agency commitment and more declared excess to an agency’s mission. Federal agency policy offi cials oversight by the Administration. Many may 6. Greater oversight is needed to ensure in the Indian Treaty Room of the Eisenhower Executive assume that additional funding or property that agencies fulfi ll their stewardship Offi ce Building, part of disposal would alleviate all of an agency’s man- responsibilities, including assessing the the White House complex. agement challenges related to historic property suitability and availability of Federal (Advisory Council on stewardship, but that is not the conclusion of historic properties for local economic Historic Preservation) this report. Instead, the report suggests that development initiatives. concurrent with efforts to improve the asset and Federal property management system, The recommendations accompanying the fi nd- the Federal Government needs to develop an ings offer a range of actions by which Federal ethic that considers the preservation and use property management agencies, the ACHP, and of agency historic properties from the broader the Administration can fulfi ll the goals of EO perspective of public benefi ts. Accordingly, the 13287 and the NHPA. The ACHP is commit- fi ndings and recommendations outlined in the ted to moving forward with these recommen- report are intended to assist agencies in taking dations so that future actions proposed by the appropriate measures to meet their stewardship Administration and agencies recognize historic obligations while recognizing the potential for properties as important public assets that are historic properties in their inventory to be a worthy of full consideration in Federal property catalyst for community development. and asset management.

the preserve america executive order, report to the president 4 Sod House Ranch. OR 3 EO 11593, “Protection and Enhancement of The types of historic Federal property range the Cultural Environment,” issued in 1971, from courthouses to missile silos, farmsteads to clarifi ed Federal inventory and evaluation battlefi elds, expansive archeological districts to requirements and set a two-year time limit for isolated Native American sacred sites, and ver- the completion of such inventories. Subse- nacular residences to mansions. Since agencies quent amendments to the NHPA in 1980 and own, acquire, and manage such diverse proper- 1992 codifi ed the requirements of this EO in ties and administer a variety of programs that Section 110 and expanded the responsibilities may affect them, each agency has developed of Federal real property managing agencies by its own internal protocols for inventory and INTRODUCTION AND BACKGROUND specifying the actions that agencies must take to management. Consequently, data collection demonstrate leadership in historic preservation and responsible stewardship. Section 110(a)(2) directs each Federal agency to “establish, in consultation with the Secretary [of the Interior], a preservation program for the identifi cation, evaluation, and nomination to the National Executive Order No. 13287, “Preserve to consider historic properties as assets that Register of Historic Places, and protection of America,” issued on March 3, 2003, was a must be cared for in a manner that refl ects the historic properties.” This provision prescribes defi ning moment in the Federal stewardship broader public interest. To that end, EO 13287 benchmarks for an agency program, includ- of historic property. Rather than continuing to requires agencies to explore partnerships for ing the requirements to maintain and manage consider all real property holdings in a similar sustaining the long-term preservation and pro- historic properties in a way that considers the manner, agencies were required to recognize ductive use of such properties. Specifi cally, the preservation of their historic, archeological, and that Federal historic properties are valuable EO, which applies to executive branch agencies architectural values; to carry out agency pres- assets that can support agency missions and and departments, encourages agencies to foster ervation-related activities in consultation with also stimulate local economic development. viable partnerships with tribal, State, and local other Federal, State, and local agencies, Indian Agencies have long acknowledged that their heritage tourism programs for the tribes, Native Hawaiian organizations, and the and information systems are not uniform, mak- Sloan Canyon National real property inventory generally includes use of historic properties. private sector; and to give full consideration in ing it diffi cult, if not impossible, to determine Conservation Area has been historic properties1 that are important to the planning for the preservation of historic proper- accurately the scope of the Federal inventory of called the “Sistine Chapel of petroglyphs” for its nation as well as the agency. Nevertheless, The requirement that executive branch agencies ties not under the direct jurisdiction or control historic properties, their condition, and their unparalleled collection of rock each agency approaches its oversight and inventory, protect, and use historic properties of the agency, but subject to effects by agency management needs. art that was created over a management of historic properties differently in a sound and practical manner was initially actions. Section 110, therefore, sets the frame- span of two thousand years based upon budgetary, program, and manage- set forth in the National Historic Preservation work for how an agency should carry out its Conformance to the NHPA also has not been and which is sacred for Native ment considerations. While many agencies Act (NHPA) of 1966. Section 2 of the NHPA historic preservation responsibilities, particularly uniform. During the 40 years since its passage, Americans. Clark County, Nevada (Nevada State Historic have made the preservation and protection states the following: the stewardship of its historic properties. agencies that own and control real property Preservation Offi ce) of historic properties a priority, others face have not all developed policies and procedures daunting challenges given the sheer volume of It shall be the policy of the Federal Govern- As of 2000, it was estimated that the Federal to comply with the NHPA or earlier EOs their historic property inventory and recent ment, in partnership with other nations and Government owns, manages, and adminis- related to historic property management. For changes in agency mission. in partnership with States, local governments, ters more than 665 million acres of land and this and other reasons, EO 13287 was issued Indian tribes, and private organizations, 430,000 buildings comprising approximately on March 3, 2003. In order to better fulfi ll their stewardship and individuals to: 2.9 billion square feet.2 Unfortunately, data responsibilities, agencies have been required showing the actual percentage or numbers By way of background, EO 13287, “Preserve ...(3) administer federally owned, adminis- of properties within this universe that meet America,” carries forward a number of the 1 National Historic Preservation Act of 1966, as amended, 16 tered, or controlled prehistoric and historic the NHPA defi nition of historic property are recommendations that were included in the U.S.C. 470 et seq. (Section 301(5)) Historic property or historic properties means any prehistoric or historic district, site, build- resources in a spirit of stewardship for the unavailable or unreliable because agencies ing, structure, or object included in, or eligible for inclusion on, inspiration and benefi t of present and use varying standards and terms for defi ning 2 ACHP, March 2001, Caring for the Past, Managing for the the National Register, including artifacts, records, and material Future: Federal Stewardship and America’s Historic Legacy, remains related to such a property or resource. future generations.... historic properties. page 7 (Washington, D.C.).

the preserve america executive order, report to the president advisory council on historic preservation 6 7 chapter 1 introduction and background

cooperation and partnerships for the preserva- submit to the ACHP and to the Secretary of properties and their contribution to local tion and use of historic properties. The Federal the Interior an assessment of the following: economic development and submit this report Government shall recognize and manage the to the President by February 15, 2006, and historic properties in its ownership as assets • the status of its inventory of every third year thereafter. that can support the department and agency historic properties; missions while contributing to the vitality of • the general condition and management the economic well being of the Nation’s com- needs of such properties and steps un- munities and fostering broader appreciation derway to meet the management needs; for the development of the United States and • the suitability of the agency’s types of its underlying values.... properties to contribute to commu- nity economic development initiatives, Section 2 of the EO focuses on the need for including heritage tourism; agencies to build preservation partnerships • agency regulations, management poli- that are consistent with agency missions and cies, and operating procedures that com- governing authorities. This provision calls for ply with the requirements in Sections the following: 110 and 111 of the NHPA; and • the need to revise agency regulations, Each agency shall examine its policies, management policies, and operating pro- procedures, and capabilities to ensure that cedures to bring them into compliance its actions encourage, support, and foster with Sections 110 and 111 of the NHPA. public-private initiatives and investment in the use, reuse, and rehabilitation of historic The Section 3 reports established a baseline of properties, to the extent such support is not the status of agency historic property inven- inconsistent with other provisions of law, tories and their stewardship programs. They the Secretary of the Interior’s Standards for provided agencies the opportunity to highlight The Apollo Unifi ed S-Band ACHP’s 2001 report, Caring for the Past, Archeology and Preservation, and essential successes and impediments to their stewardship The remaining provisions in EO 13287 Built in 1753 by a French System antenna provided Managing for the Future: Federal Steward- national department and agency mission of historic properties and their collaboration require agencies to improve Federal steward- Huguenot family that fl ed communications for the ship and America’s Historic Legacy.3 The most requirements. with tribal, State, and local governments and ship of historic properties (Section 4) and religious persecution in historic Apollo space fl ights Europe, Allee House remains that took the United States— notable recommendation of the report was that the private sector. to promote preservation through heritage in near-original condition and humankind—to the agencies needed to be more accountable for Section 3 of the EO establishes an account- tourism (Section 5). and is an irreplaceable vestige moon. Goldstone, California their historic properties. Issuance of an EO was ability system to gauge agency implementation Section 3(c) requires agencies to submit of our national heritage. (National Aeronautics and another major recommendation of that report. of the mandates of the NHPA and the EO. It subsequent progress reports to the ACHP and Following outreach efforts by the ACHP Bombay Hook National Space Administration) requires the ACHP to prepare a report to the the Secretary of Interior. It further directs the to the senior policy offi cials4 in real property Wildlife Refuge, Delaware (U.S. Fish and Wildlife Service) The policy set forth in Section 1 of EO 13287 President on the current state of the Federal ACHP to submit to the President triennially a managing agencies, 35 agencies, 33 of which reaffi rms the major principles in the NHPA. Government’s historic properties and their con- report on Federal stewardship and use of historic actually have real property managing respon- It states the following: tribution to local economic development. The properties. Section 3(c) states the following: sibilities, submitted Section 3 reports to report is to incorporate data submitted by real the ACHP and Secretary of Interior in It is the policy of the Federal Government to property managing agencies in accordance with Each agency with real property management September 2004 in response to the EO. provide leadership in preserving America’s Sections 3(a), (b), and (c) of the EO. responsibilities shall, by September 30, 2005, (See Appendix D, page 66). The fi ndings and heritage by actively advancing the protection, and every third year thereafter, prepare a re- recommendations in this fi rst Report to the enhancement, and contemporary use of the Sections 3(a) and (b) called for agency reports port on its progress in identifying, protecting, President are based upon these agency reports historic properties owned by the Federal gov- by September 30, 2004, that would include and using historic properties in its ownership and the subsequent progress reports submit- ernment, and by promoting intergovernmental an assessment of the agency’s historic property and make the report available to the Council ted on September 30, 2005. inventory and a summary of the status and and the Secretary of Interior. The Council 3 ACHP, March 2001, Caring for the Past, Managing for the effectiveness of its current historic preservation shall incorporate this data into a report on Future: Federal Stewardship and America’s Historic Legacy, page 7 (Washington, D.C.). program. Specifi cally, each agency was asked to the state of the Federal Government’s historic 4 Designated pursuant to Section 3(e) of EO 13287.

the preserve america executive order, report to the president advisory council on historic preservation 8 9 chapter 1 introduction and background

This report is submitted at a time when other The advisory guidelines, which the majority of asset management and Federal real property agencies used, presented a framework for agen- Figure 1: Advisory Guidelines Implementing EO 13287, “Preserve America,” management initiatives are underway in the cies to consider the areas and issues that were to Section 3: Improving Federal Agency Planning and Accountability executive branch, including the December be assessed and reported on. Ten major ques- 2005 submission of asset management plans tions were posed to agencies in the guidelines 10 major questions for in accordance with EO 13327, “Federal Real to assist them in responding to the assessments Property Management.” Agencies are required required by the EO. Providing the agencies preparing the section 3 reports with uniform questions that addressed particu- 1. What types of historic properties does your agency own or manage, and how is this lar areas and issues helped the ACHP and Sec- information collected and maintained? retary of Interior to discern patterns and trends while reviewing the reports. (See Figure 1) 2. How would you characterize the distribution and general condition of these properties? Although the 2004 Section 3 reports are con- 3. What reporting mechanisms and systems are used by your agency for carrying out its sidered baseline information from which future resource management responsibilities? agency progress would be measured, the reports 4. Does your agency coordinate its data gathering for historic properties under do not emphasize quantitative data, which the its ownership or control with required Federal audit, accounting, and fi nancial advisory guidelines working group did not management reporting? believe would be readily available. Instead, each agency was encouraged to tell its own story 5. How is your agency fulfi lling its historic preservation program responsibilities under about historic preservation by providing an Section 110 of the NHPA? overview of how the agency identifi es, protects, 6. How is your agency complying with Section 111 of the NHPA when historic manages, and uses historic properties. In addi- properties are transferred, leased, or sold? tion, each agency was asked to describe those 7. If your agency does not currently have a historic preservation program or procedures internal policies that allowed it to support inde- for complying with Sections 110 and 111, what future actions will be taken to meet pendently, or as part of a partnership, the use of these statutory requirements? Clover Hill Tavern, a historic to incorporate in the EO 13327 asset man- Federal properties in local economic develop- stagecoach stop dating agement plans, “planning and management ment initiatives, particularly heritage tourism. 8. What issues regarding your agency’s mission, internal policies, location of its inventory from 1819, is among the requirements for historic properties under EO of historic properties, or use of such properties could potentially hinder the agency’s oldest extant buildings at ability to contribute to community economic development initiatives? Appomattox Court House 13287.” The fi ndings and recommendations of The progress reports due September 30, 2005, National Historical Park, the the ACHP’s Report to the President should be were submitted only by those agencies that fi rst 9. Does your agency have programs or policies that help it to identify historic preserved location where the considered in conjunction with the Offi ce of reported in 2004. The 2005 reports assessed preservation opportunities and promote preservation through partnerships? Civil War effectively ended Management and Budget (OMB) review of the how the agency improved its efforts to identify, when General Lee surrendered 10. How would your agency characterize its overall progress in meeting its property asset management plans. protect, and use historic properties since the to General Grant in April 1865. management and stewardship responsibilities since fi ling its last EO 13287, initial Section 3 report. Because there was only Appomattox, Virginia Section 3 Report? (National Park Service) The Section 3 reports submitted to the ACHP one year between reports, agencies stated that and Secretary of Interior in 2004 and 2005 major changes were limited, but some had made afforded agency offi cials the opportunity to progress with the development of action plans partnerships and linkages between agency Concurrent with its collaboration with agencies explain their historic preservation programs and proposals for improving their preservation programs and the Preserve America initiative. regarding Section 3 reports, the ACHP has and their approach to stewardship of historic programs. In the 2005 progress reports, agencies Thus, the primary benefi t to the ACHP and been working closely with the Preserve America properties. Agencies were allowed to use their clarifi ed and expanded upon information Department of the Interior (DOI) in the fi rst Steering Committee6 to explore opportunities to existing information gathering and reporting submitted in 2004, including public-private progress reports was learning the approaches

systems to prepare the reports. They also had agencies were taking to review internal historic 6 The Preserve America Steering Committee comprises the the option of using advisory guidelines drafted 5 The Advisory Guidelines Working Group was composed of the preservation policies and procedures and to Departments of the Interior, Commerce, Defense, Educa- Bureau of Land Management, Forest Service, General Services tion, Housing and Urban Development, Agriculture, and by the ACHP in October 2003 following its Administration, Department of Defense, National Park Service, make needed modifi cations to better comply Transportation; the National Endowment for the Humanities; collaboration with a working group compris- Bureau of Land Management, Department of Navy, National with Sections 110 and 111 of the NHPA and the President’s Committee on the Arts and Humanities; the Aeronautics and Space Administration, Bureau of Indian Affairs, Council on Environmental Quality; the Offi ce of Management 5 ing real property managing agency offi cials. United States Postal Service, and United States Coast Guard. EO 13287. and Budget; the ACHP; and the White House.

the preserve america executive order, report to the president advisory council on historic preservation 10 11 chapter 1

chapter 2 CURRENT STATE OF FEDERAL STEWARDSHIP

At Malheur National Wildlife meet other policy goals of the EO. In this con- The specifi c recommendations in this report Refuge, this old wagon is text, the ACHP has identifi ed creative strategies offer concrete principles for advancing the among the remains of Sod and partnership opportunities to improve the stewardship of Federal historic properties. House Ranch, a largely intact 1870s-era ranch notable for use of Federal historic properties for local com- The recommendations correspond to specifi c its huge landholdings and munity economic development, heritage tour- fi ndings and identify the responsible par- importance in east Oregon’s ism, educational outreach, and job creation. A ties to implement the suggested actions. settlement history. (U.S. Fish recent ACHP publication, Becoming Better Stew- A consistent theme running through the and Wildlife Service) ards of Our Past,7 required by Section 4(e) of EO recommendations is the need for interagency 13287, included recommendations to Federal collaboration, information exchange, and agencies regarding opportunities to enhance the partnerships. Only through ongoing discus- Federal management of historic properties. This sions, sharing of best practices, and consis- information has been shared with agency heads, tent and structured oversight will agencies local communities, stakeholders, and the public effectively pursue government-wide and de- to stimulate conversation among them regard- partment-wide policies and procedures that ing future opportunities. promote effi ciency, creativity, and initiative in Federal stewardship of historic properties 7 ACHP, March 2004, Becoming Better Stewards of Our Past in the 21st century. (Washington, D.C.).

the preserve america executive order, report to the president 12 Dexter Cabin, CO and the creation of the Federal Real Property Federal Stewardship Issues Addressed by Council (FRPC) overseen by OMB. The Recent Improvements FRPC operates with four standing commit- When considering the major actions taken tees—asset management plans, inventory, since the issuance of EO 13287, it is important performance measures, and systems—each of to know the issues that present the greatest which is responsible for implementing provi- challenge to agencies. The issues, identifi ed sions in EO 13327. The fourth major action in one form or the other by the executive and was the issuance of the Federal Management legislative branches of government, included Regulation, the successor to the Federal the following: CURRENT STATE Property Management Regulation, effective on November 8, 2005, which includes com- • lack of accurate and available information OF FEDERAL STEWARDSHIP prehensive up-to-date provisions regarding all regarding the presence and value aspects of property management. Finally, the of historic assets in the agency’s real Administration advanced legislation recently property portfolio; passed by Congress that grants authority to • limited resources to support historic select property managing agencies to pursue property identifi cation, condition The state of Federal historic property man- has assisted Federal, State, and local offi cials enhanced-used lease agreements and use some assessments, maintenance, and capital agement can be summarized as improving, in framing the issues and developing recom- of the proceeds to assist the agencies in carry- improvements projects; but in need of greater agency commitment mendations and implementation strategies ing out their stewardship responsibilities. • existence of multiple regulations and and greater oversight and coordination. This for the future. directives regarding the management of conclusion is an acknowledgement, shared While all of these actions are signifi cant, the historic properties; and by several agencies, that only incremental Encouraging Recent Improvements addition of the Federal Property Asset Man- • lack of agency experience and guidance improvements have been made in the last The Administration has taken fi ve major ac- agement Initiative to the President’s Manage- on creative strategies for using historic fi ve years since the publication of the ACHP tions since 2003 that should result in major ment Agenda has had the most immediate properties to support agency missions. 2001 report, Caring for the Past, Managing for improvements in Federal stewardship of and far-reaching effects on real property. As a the Future: Federal Stewardship and America’s historic properties. The fi rst was the deci- result of this directive, the agencies that own These issues are discussed in more detail below. Historic Legacy. Given the scope and magni- sion by the Federal Accounting Standards and manage real property followed guidance tude of fi nancial, programmatic, and man- Board (FASAB) to recategorize the reporting issued by the FRPC on October 27, 2004, Lack of accurate and available information agement challenges associated with Federal of heritage assets and stewardship and make to improve their awareness of their assets, in- regarding the presence and value of historic real property in the 1990s, particularly the it a mandatory reporting requirement to cluding historic properties. Further, as stated assets in the agency’s real property portfolio. increased maintenance and operating costs, it comply with the Chief Financial Offi cers Act by F. Joseph Moravec, former commissioner Despite the existence of several laws, regula- was critical that agencies improve their prop- of 1990.8 The second action was the addi- of the General Services Administration (GSA) tions, and Executive Orders, most agencies still erty management systems and become more tion of a Federal Property Asset Management Public Buildings Service, when the guidance have not made completion of their historic accountable for their actions. Initiative to the President’s Management was issued to agencies, they serve as the “ten property inventory a priority. Smaller agen- Agenda in 2004. Third was the President’s commandments” of property management for cies with limited real property typically have These needs were highlighted in published issuance of EO 13327, “Federal Real Property agencies that need to improve their perfor- completed their inventory and monitor the op- reports from the Government Accountabil- Asset Management,” in February 2004. This mance. They call for each agency to inventory eration and performance of these assets. Larger ity Offi ce, Congressional oversight hearings, EO is designed to improve government-wide all of its assets, get rid of unneeded holdings, agencies managing more land and buildings symposia, and conferences on Federal prop- Federal property management through the and implement asset management plans. have tended to take a phased approach to erty, assets, and facilities management. The designation of a Senior Real Property Offi cer Although many of these requirements exist in property identifi cation that results in a per- knowledge and experience of Federal offi cials, for each agency that manages real property other regulations, EOs, and directives, agen- centage of land and buildings being surveyed as well as private-sector corporate experience cies took notice of their importance when the annually or the completion of project-driven with facilities management, contributed to the 8 The Chief Financial Offi cers Act of 1990 established the role FRPC, with the support of OMB, indicated fi eld surveys. However, these approaches often of the Offi ce of Management and Budget in directing Federal understanding of the challenges. In addition, fi nancial management, modernizing overall fi nancial management that these requirements would be the basis forgo the essential step of evaluating properties there has been ongoing dialogue with aca- systems, and improving fi nancial reporting. The Act established in upon which their performance would be against the National Register criteria. Where all major agencies a Chief Financial Offi cer responsible for estab- demia and the National Research Council lishing an annual fi nancial statement and accompanying report. publicly scored each quarter. an agency has actually completed surveys,

the preserve america executive order, report to the president advisory council on historic preservation 14 15 case study current state of federal stewardship

the information tends not to be updated is that the historic property database to be Department of Transportation to refl ect new properties or changes result- established by GSA under the FRPC will not ing in a property’s loss of integrity. Agencies address the full universe of historic properties have continued to lag in the establishment of managed by executive branch agencies. Relocation and Adaptive comprehensive databases of historic proper- Reuse of Building 51 at ties, even though technological advances have The database will not necessarily include all Newark International Airport made the task easier and more cost effective. types of real property, such as archeological Accordingly, information prepared by fi eld and traditional cultural sites located on the Elizabeth, New Jersey staff is not always readily available for data calls public domain lands of the United States, from headquarters. Some agencies do not use when agencies chose not to report on such Newark International Airport’s Building 51 protection zone, where people may not the same methodology or information systems assets.9 This does not refer to the withholding (built about 1935), also known as the Airport congregate due to safety restrictions, Building internally to assemble data, which compro- of information on such properties in accor- Administration Building, was the hangout 51 became inaccessible to the general public. mises the information-sharing process critical dance with EO 13007, “Sacred Sites,” or to of early aviation pioneers such as Charles As a result, the Port Authority of New York to effective decision-making regarding the Section 304 of the National Historic Preserva- Lindbergh and Amelia Earhart. Constructed and New Jersey, the airport sponsor, proposed stewardship of historic properties. While many tion Act where information is not disclosed to adjacent to the world’s fi rst paved runway, it to relocate Building 51, construct an addition agencies recognize the need to improve data protect or safeguard the property. The historic housed the world’s fi rst airport traffi c control to the relocated building that incorporated gathering and to use new technologies, the property database will not include personal tower and the nation’s fi rst airport hotel/ it into the plans of the new administration commitment of resources for such initiatives is property such as museum collections associated restaurant, and was the site of the nation’s fi rst building, and fully restore it for use by the still lagging. with these types of historic properties either. airport weather bureau. Building 51 is on the Port Authority and the public. An accurate inventory of all historic property National Register and the New Jersey Register In accordance with EO 13327, Federal types on these lands is critical to establishing Dedicated by Amelia Earhart in 1935, the historic art deco of Historic Places and is a designated historic All of the relocation and reconstruction work agencies are responsible for collecting 23 a sound Federal stewardship program. Building 51 was moved out of architectural landmark. was accomplished in just 18 months. The mandatory data elements at the asset level the way of runway expansion building is now fully restored to its original that will be included in a database maintained Knowing the replacement value of historic and incorporated into the new Over time the building was enlarged as an air- splendor and is accessible to the general by GSA’s Offi ce of Government-wide Policy. properties is an issue of importance not only terminal, where it continues passenger facility, later as a medical clinic and public for the fi rst time in decades. Historic properties are one of the 23 manda- from the perspective of good stewardship, but to both serve present needs and educate persons about U.S. Post Offi ce handling facility, and fi nally tory data elements that assist with the overall also to respond to the need for improved agen- their nation’s past. Newark as the site of a National Weather Service After management of Federal properties and the es- cy fi nancial accounting. Since agencies do not International Airport, offi ce. The building was also physically tablishment of a comprehensive government- routinely obtain fi nancial appraisals for Federal Elizabeth, New Jersey modifi ed and suffered some deterioration. wide database. Although the database will historic property, the plant/functional replace- (Federal Aviation Administration) Then, because of its location in the runway not be a complete list of all types of historic ment value of these assets, which would ideally properties, it can be used along with other consider the intrinsic value of its historic desig- Before government-wide reporting systems such as nation, is often unknown to program or budget the Department of Interior’s Federal Archeol- offi cers. The exception is when a property has ogy Program (FAP) Report to Congress. been declared excess to the agency’s needs and either GSA or the agency establishes the value In addition to the historic properties, other in order to market the property for transfer, mandatory data elements to be collected by lease, or sale. Another peculiarity is the practice agencies that are directly related to Federal of the Federal Government to value the land stewardship include use, condition index, mis- only and not the improvements such as build- sion dependency, and replacement value. Once ings and structures, thereby skewing the actual this database is populated, GSA will maintain value of a historic asset. Agencies that manage this useful tool to provide the Administration resources such as dams and navigation systems with uniform and updated information regard- ing real property activities within each report- 9 The DOI’s data includes archeological and traditional cultural ing agency. One point of concern, however, sites on public domain lands.

advisory council on historic preservation 16 17 chapter 2 case study

have not assessed the value of these resources task but also that data used to direct this effort beyond what they cost to build. Consequently, may be inaccurate. An exception to this prac- Department of Agriculture the dollar value is rarely accurately depicted in tice is GSA, which has required its Regional reports and studies. Offi ces to develop Building Preservation Plans (BPP) for all historic properties that establish Dexter Cabin Restoration Project, The Section 3 baseline reports included a the historic signifi cance, condition of materials, Interlaken Resort number of stories where an agency has deter- importance of spatial zones, and the priori- San Isabel National Forest, Colorado mined a greater value for a historic property ties for maintenance and rehabilitation. Thus, based upon intangible elements such as the the facilities manager has baseline informa- The Interlaken Resort, located near Leadville, In 2004, the Forest Service began a four- prestige of living in a unique historic property. tion from which changes to a building can be Colorado, was constructed in 1879 as a year restoration project of the Dexter As agencies are successful in securing a good fi - tracked and needs addressed in budget requests. remote recreational gateway for affl uent Cabin. Funding for this project was made nancial return from the lease, sale, or transfer of When developed in the 1990s, the BPP was travelers visiting nearby mining communities. possible through partnerships with the historic properties within the historic property a major technological advance that could be The resort was later bought by James V. nonprofi t Rocky Mountain Heritage Society inventory, these experiences motivate agency used as a prototype by other agencies. GSA Dexter in 1883 and expanded during the and Colorado Preservation, Inc. Over 60 offi cials to be more diligent in completing continues to share the success of this tool in its period 1881–1895. Dexter’s private cabin was volunteers joined the restoration team. Project inventories and securing accurate appraisals. publications on historic properties.10 Addition- constructed in the mid-1890s to refl ect his managers were recently recognized by the ally, GSA is committed to ongoing education nautical background, complete with a glass Forest Service for excellence and presented Limited resources to support historic property and outreach to executive branch agencies that enclosed cupola. Sadly, the resort fell out of with the Regional Forester’s Honor Award. identifi cation, condition assessments, main- own and manage historic properties and has favor shortly after the turn of the century. tenance, and capital improvements projects. attempted to impress upon all the need for Eventually nearly all the buildings were Since the passage of the NHPA, agencies have baseline and follow-up condition assessments. abandoned and began to deteriorate. often found it diffi cult to commit adequate and sustained funding for historic preservation Due to lack of information regarding the that is not related to Section 106 compliance historic property inventory, inadequate condi- Volunteers work to preserve activities. Funding that is allocated is often tion assessments, and poorly documented and update the historic Dexter later shifted to other agency program priori- statements of signifi cance, properties become Cabin, part of the former ties, leaving agencies in a “catch up” mode in prime candidates for deferred maintenance. Interlaken Resort, a premier future years with regard to historic preservation Previous GAO reports cited particular agen- 19th century resort that now serves new generations of needs. Property identifi cation efforts within cies that had substantial backlogs of deferred visitors and generates revenue agencies are also hindered due to limited maintenance, which resulted in substantial in the process. San Isabel professional staff to carry out work in-house. loss of revenue to the agency.11 Since the National Forest, Colorado While the number of qualifi ed preservation issuance of the GAO report High Risk Series: (Department of Agriculture) professionals on Federal payrolls has certainly Federal Real Property in 2003,12 the incidence increased over the past decade, they often have of deferred maintenance, particularly of multiple duties so that work plans for identifi - properties that did not support agency mis- cation cannot be implemented. There is also a sions, has resulted in a number of buildings proclivity among qualifi ed preservation profes- having to be demolished because they present sionals to focus more on the predominant type a threat to the health and safety of employees of historic property owned by the agency than or the community. Further, lack of timely on all types of property. maintenance has caused buildings to lose their

Condition assessments, critical to the steward- 10 GSA Public Building Service, 1999, “Held in Public Trust” ship of historic properties, are also conducted (Washington, D.C.); GSA Public Building Service, 2004, Extending the Legacy: GSA Historic Building Stewardship by agencies in an uneven and often ad hoc (Washington, D.C.). manner. Some agencies have indicated that not 11 U.S. General Accounting Offi ce, January 2003, High-Risk Series: Federal Real Property (Washington, D.C.). only is there limited funding to carry out this 12 Ibid.

the preserve america executive order, report to the president 18 19 chapter 2 current state of federal stewardship

integrity and historic designation. Regrettably, reauthorization, supplemented with General National Historic Landmarks have suffered, as Accounting Offi ce studies. Most of these Figure 2: Selected Federal Statutes, Regulations, and Guidelines have buildings of local signifi cance, bringing mandates, however, are self-policing. There Regarding Federal Property Management increased public awareness of poor steward- is little accountability and few incentives ship practices in the Federal Government. through established performance standards, regular program monitoring, or reporting executive orders Authorities such as Section 111 of the NHPA for meeting requirements. EO 11593 (1971), “Protection and Enhancement of the Cultural Environment” provide agencies with a mechanism to channel EO 13006 (1996), “Locating Federal Facilities on Historic Properties in proceeds from the lease, transfer, or exchanges This assessment explains why agencies have the Nation’s Central Cities” of historic properties into preservation activities not fulfi lled many of the mandates that would EO 13327 (2004), “Federal Real Property Asset Management” related to that building or others. Rarely has this promote historic property stewardship. In fact, authority been used, however, to fund a com- when asked how they coordinate many of these statutes prehensive and systematic program for mainte- responsibilities, many agency offi cials are un- Antiquities Act, 16 U.S.C. 431 et seq. nance and rehabilitation. Efforts are being made aware of those responsibilities established more Historic Sites Act, 16 U.S.C. 461 et seq. by GSA and the ACHP to share success stories than fi ve years ago. Accordingly, adherence to Federal Property and Administrative Services Act, 40 U.S.C. 471 et seq. to encourage broader use of these provisions. these rules is compromised without agency Reservoir Salvage Act, 16 U.S.C. 469 et seq. Legislation for specifi c agency programs has procedures that reaffi rm their applicability National Historic Preservation Act, 16 U.S.C. 470 et seq. recently been enacted to earmark proceeds of and establish accountability and performance National Environmental Policy Act, 42 U.S.C. 4321 et seq. an agency’s disposal of properties back into the measures. (See Figure 2). An Act to Facilitate the Preservation of Historic Monuments and for Other Purposes, agency’s budget and programs.13 Since such 40 U.S.C. 550(h) programs have only recently been established, The absence of complete and readily available Historical and Archeological Data Preservation Act, 16 U.S.C. 469 there is limited evidence of their success at information on Federal property manage- Public Buildings Cooperative Use Act, 40 U.S.C. 3306 protecting and facilitating the reuse of historic ment laws and regulations contributes to this American Indian Religious Freedom Act, 42 U.S.C. 1996 buildings, but this concept is promising. problem. Many of the laws reinforce each other Archeological Resources Protection Act, 16 U.S.C. 470aa et seq. and collectively provide a blueprint for how to Architectural Barriers Act, 42 U.S.C. 4151 et seq. Existence of multiple regulations and di- identify historic properties, how to use them Americans with Disabilities Act, 42 U.S.C. 12101 et seq. rectives regarding the management of his- for agency mission or other efforts that support McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11301 et seq. toric properties. The management of historic Federal agencies and the community, the ben- Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq. properties is subject to a variety of laws that efi t of public-private partnerships, and the need deal with property management, stewardship, to develop management practices that preserve regulations environmental issues, and historic preservation. a cultural and historic asset for the nation. The Protection of Historic Properties, 36 C.F.R. part 800 In the ACHP’s 2001 report, Caring for the Past: challenge is bringing the relevant information Curation of Federally Owned and Administered Archeological Collections, Managing for the Future, one of the 12 fi ndings to the Federal property manager. 36 C.F.R. part 79 states the following: Real Estate Acquisition, 41 C.F.R. part 102-73 Lack of agency experience and guidance on Real Property Disposal, 41 C.F.R. part 102-75 The legal framework for Federal steward- creative strategies for using historic proper- Historic Preservation, 41 C.F.R. part 102-78 ship and historic resources is comprehensive, ties to support agency missions. One of the Assignment and Utilization of Space, 41 C.F.R. part 102-79 and there are numerous statutes addressing major dilemmas for Federal agencies is how to Government-wide responsibilities, as well use functionally obsolete, vacant, or under- guidelines as targeted agency resource management. utilized buildings or sites for changing agency Section 110 Guidelines: The Secretary of the Interior’s Standards and Guidelines for Periodic oversight occurs through the appro- missions. Not only are offi cials daunted by Federal Agency Historic Preservation Programs Pursuant to the National Historic priations process or congressional program the operational and structural issues, but also Preservation Act, 63 Fed. Reg. 20495-20508 (April 24, 1998). they must confront remediation concerns 13 Forest Service: Facility Realignment Enhancement Act, PL related to the existence of hazardous materials 109-54, 119 Stat. 499; Department of Veterans Affairs: Capital found in older buildings and sites previously Asset Realignment for Enhanced Services (CARES), PL 108- 422, 118 Stat. 2379. exposed to contaminants. While an agency

the preserve america executive order, report to the president advisory council on historic preservation 20 21 chapter 2 case study

may believe that an industrial building can be As agencies include staff from various pro- adapted for administrative services, problems gram areas in the analysis of alternatives, the Department of Defense may arise with having to spend agency funds exchange of information is often enlighten- to abate lead, asbestos, and other contami- ing and leads to successful compromise. For nants. Cost as well as the challenge of devel- instance, a facilities manager focused on The Pentagon oping a design or treatment that meets both operations and maintenance can meet with Arlington, Virginia Federal health standards and preservation the cultural resources staff to learn about guidelines become considerations. contemporary standards for rehabilitation Note: This case study is taken from the 2004 On September 11, 2001, the 60th that preserve signifi cant historic features while Department of Defense baseline report, submitted in anniversary of the start of the construction Information has not been readily available to adapting the building for the agency’s mission. accordance with EO 13287, Section 3. of the building, terrorists attacked the Federal property managers on best practices Likewise, budget offi cers may learn about Pentagon, which sustained signifi cant for the retention and reuse of properties for the potential revenue that can be generated One of the most recognized buildings in damage to all fi ve fl oors of three of its outer agency missions using creative management from outleasing an agency property from a the world is the DoD headquarters, the rings of corridors. As devastating a blow as and funding strategies. When dealing with program manager who is aware of public-pri- Pentagon, located on a 280-acre site in it was, this attack inspired Project Phoenix, Federal property management issues, many vate partnerships and the ability to use such Arlington, Virginia. This recognition comes which succeeded in completely rebuilding Built with amazing speed to agency offi cials do not consult with stakehold- arrangements to bring contractors on-site or from its distinctive art deco-inspired design, and restoring the function of the damaged serve the vast expansion of ers or other agencies and the full range of in proximity to the agency’s operations. unusual fi ve-sided confi guration, and its portion of the Pentagon within one year the nation’s military in the alternative uses is not explored. In those in- international association with the United of the attack. The DoD commitment opening years of World War II, the Pentagon was restored stances where an agency has collaborated with Public-private partnerships, as a concept, are States military. The Department of the to historic preservation is evident in the and improved after suffering other stakeholders, including GSA (which is embraced in many agencies. However, no gov- Interior added the Pentagon to its National project, which utilized like materials and a direct hit in a terrorist attack the government’s technical expert on reus- ernment-wide standard or guidance currently Register of Historic Places and designated it forms to reconstruct the damaged building by a hijacked passenger ing historic buildings), tribal, State, and local exists that advises agencies how these arrange- a Historic Landmark in 1992. fabric while coordinating the reconstruction airplane on September 11, 2001. Arlington, Virginia governments and the private sector, successful ments should be approached. GAO noted in with key stakeholders and the public. (Department of Defense) outcomes have been achieved, aided by the the 1999 report it prepared on public-private broader expertise brought to the table. partnerships, “government-wide management reforms as well as fi scal and community pres- An example of an agency that regularly has sures were among the factors that led agencies successful collaborations is GSA. Typically, to seek ways to better manage their properties GSA consults with Federal tenants and local including the formation of partnerships with government representatives when determin- the private sector.”14 Many agencies including ing how to provide space in historic buildings GSA recognize that the government would such as courthouses and customhouses. It is benefi t from alliances with the private sector, not unusual for the agency to reach a compro- since this would be an opportunity to secure mise that allows retention and continued use additional funding for the repair, rehabilita- of the historic building while additional space tion, and maintenance of historic properties. is located in adjacent buildings or created In addition, such arrangements can help by expansion of the existing historic prop- agencies meet performance measures and keep erty. The commitment to exploring creative projects within established budgets. strategies to protect and use underutilized or excess properties results in a better performing asset as well as continued use of a signifi cant 14 GAO, February 1999, Public-Private Partnerships (Washing- historic property. ton, D.C.).

the preserve america executive order, report to the president 22 23 chapter 2

Under Section 106 of the National Historic Preservation Act, consulting parties examine Payne Spring meadow, a property of traditional religious and cultural signifi cance to the Pit River Tribe. Medicine Lake Highlands, California. (Advisory Council on Historic Preservation)

chapter 3 OVERVIEW OF AGENCY SECTION 3 REPORTS

the preserve america executive order, report to the president 24 Mabry Mill, VA Figure 3: Agency use of At the outset, the most noteworthy observation ACHP advisory guidelines was the candor and openness of each agency in describing the status of its historic preservation program and historic property inventory. Agen- cies revealed that properties that were not used to support the agency mission, or those located in remote areas, often were not well maintained Î{°Ó™¯ or included in management plans.

OVERVIEW OF AGENCY Èx°Ç£¯ The majority of agencies do not have a systematic approach for identifying historic SECTION 3 REPORTS properties but rather use the compliance pro- cess set forth in Section 106 of the NHPA16 to add historic properties to the inventory and Follow Do Not Follow to develop management plans for individual Guidelines Guidelines properties or a specifi c type of property on a The implementation of Section 3 of EO 13287 The advisory guidelines were structured to case-by-case basis. This reliance on the project required the ACHP and the Secretary of Interi- allow agencies “to tell their historic preserva- GSA, Extending the Legacy: GSA Historic planning process stands in sharp contrast to or to develop procedures that would allow agen- tion story” by responding to 10 major ques- Building Stewardship.15 Many reports were the provisions of Federal Property Manage- cies with real property management responsi- tions (See Figure 1, page 11) that further prepared in-house by agency staff, while ment Regulations (41 C.F.R part 101-47.201- bilities to conduct a comprehensive assessment interpreted the reporting requirements set some were prepared under contract by 2), recently re-issued as the Federal Manage- of their historic property inventory and historic forth in Section 3(a) and (b) of the EO. Each cultural resource fi rms whose services were ment Regulations (41 C.F.R part 102-2) in preservation programs. Accordingly, the ACHP, of the major questions included a set of relat- procured specifi cally to assist the agency in November 2005. One section of the previous in coordination with an interagency working ed questions to assist the agency in explaining complying with this reporting requirement. regulations specifi cally required that at least group, developed advisory guidelines to ensure how they approached the task on which they Some of the larger departments within the annually agencies survey real property under that each reporting agency subject to the needed to report. The information requested executive branch (such as the Department of their control to identify that which is not requirements of the EO would provide from the agencies was not intended to focus Agriculture and Department of Interior) that needed, underutilized, or not being put to op- consistent information on the following: on quantitative data since it was unclear include multiple agencies with different mis- timum use. While agencies rarely adhered to how many agencies actually had quantitative sions and a variety of historic property types the earlier regulations, the new Federal Man- • the status of its inventory of historic reporting systems in place. Consequently, had each bureau or agency submit their own agement Regulations is a positive direction properties; the reports are qualitative and focus on who, report. This was a useful approach since vari- that may change agency practices regarding • the general condition and management what, when, where, and how to explain an ous agencies within a department may use its real property inventory, including historic needs of such properties and steps under- agency’s approach to documenting its inven- different databases, information collecting properties. (See Appendix C, page 63). way to meet the management needs; tory, assessing conditions and management procedures, and management practices for • the suitability of the agency’s types of needs, determining the suitability of proper- historic properties. (See Figure 3). Ten major patterns and trends, identifi ed by properties to contribute to community ties for local economic development initia- DOI and the ACHP in their review of the economic development initiatives, tives, and complying with NHPA require- The FRPC, created under EO 13327, has reports, can be summarized as follows: including heritage tourism; ments. The ACHP and DOI considered the required agencies to submit information on • agency regulations, management policies, initial Section 3 reports to serve as baseline the historic properties in their databases so 1. While all reporting agencies indicated and operating procedures that comply information from which future agency it can be included in a comprehensive gov- that a completed or partially completed with the requirements in Sections 110 progress could be measured. ernment-wide inventory. For those agencies inventory of historic properties was and 111 of the NHPA; and that do not include public domain lands, • the need to revise agency regulations, Of the 35 agencies that submitted reports, this will be a helpful tool for collecting 15 GSA Public Building Service, 2004. 16 Section 106 is the review process set forth in the NHPA management policies, and operating 23 agencies adhered to the advisory guide- more uniform data that can be used in the that requires Federal agencies that may fund, license, permit, procedures to bring them into compliance lines. The reports ranged in size from 2 Section 3 reports and for updating historic or approve of undertakings to take into account the effects of the undertakings on historic properties and afford the ACHP a with Sections 110 and 111 of the NHPA. pages to a 143-page bound publication from property inventories. reasonable opportunity to comment.

the preserve america executive order, report to the president advisory council on historic preservation 26 27 chapter 3 case study

available, only smaller agencies had 4. Approximately half of the 33 reporting completed inventories, with even those agencies reported they have qualifi ed National Park Service in need of updating. Further, many professionals who routinely monitor agencies were unclear whether their the conditions of historic properties inventories included all types of historic and develop management plans for Vanishing Treasures Initiative properties, including archeological sites short- and long-term maintenance. of the Tres Piedras and properties to which Indian tribes Group of Parks, New Mexico and Native Hawaiians attach religious 5. Only 11 agencies reported that they or cultural signifi cance. have established internal procedures and directives to implement a historic Note: This case study is taken from the 2004 An example of a current project under 2. A number of agencies used differ- preservation program in accordance NPS baseline report submitted in accordance Vanishing Treasures involves the El Morro ent terminology to reference historic with Section 110 of the NHPA. with EO 13287, Section 3. National Monument in New Mexico. properties. This made it diffi cult to Historic Resources at El Morro range determine whether agency historic 6. Five agencies have developed agency In 1998, the NPS launched the Vanishing from small 13th century households property inventories were exclusively procedures to comply with Section Treasures Initiative to address serious to the enormous 700-year old Atsinna listed or eligible for listing on the 111 of the NHPA that addresses threats to the existence of irreplaceable Pueblo, which has 800–900 rooms. National Register of Historic Places, leases and exchanges of Federal prehistoric and historic ruins in several Accomplishments under Vanishing or comprised a more diverse mix of historic properties. parks in the southwestern United States. Treasures include the renovation of a properties defi ned as heritage assets Projects range from conducting condition drainage system beneath the structure, and cultural resources. 7. Approximately half of the Federal assessments to documentation and condition assessments completed for Preservation Offi cers have other interpretation. To date, the NPS has over 70 wall surfaces, and the removal 3. Thirty of the 33 agencies indicated that duties within the agency in addition committed nearly $8.7 million to complete and replacement of previous preservation they evaluate historic properties in- to coordinating the historic preserva- 78 high-priority projects in 30 parks and treatments harmful to the original fabric. cluded in their inventory to determine tion program, reducing the time hire 56 preservation specialists in 22 parks eligibility for listing in the National available to deal with historic under the Vanishing Treasures Initiative. Register of Historic Places, but less than preservation matters. half had internal policies for the next step, formal nomination for listing. 8. Twelve agencies indicated that stake- (See Figure 4). holders such as local governments and Indian tribes are not involved in either planning or management decisions Figure 4: Agency application of Vanishing Treasures masonry National register criteria related to historic properties. worker treating a gap in a 700-year-old wall at Atsinna 9. Nineteen agencies indicated that they Pueblo, El Morro National Monument, New Mexico.  have security and restricted access issues (National Park Service) that to a greater or lesser extent preclude the use of their properties to support economic development initiatives, including heritage tourism.

 10. Twenty-three agencies have partner- ship arrangements with Federal and non-Federal entities to manage and operate Federal historic properties. Apply Do Not However, none of the agencies Criteria Apply Criteria indicated that they have internal

the preserve america executive order, report to the president 28 29 chapter 3

procedures to help determine the ap- The initial Section 3 reports were prepared with propriate use of Federal properties to the knowledge that Federal property manage- support local economic development ment, including the stewardship of historic initiatives. (See Figure 5). properties, is a priority for both the executive and legislative branches. Since the management of these resources has a direct bearing on the Figure 5: Agency partnerships agency’s assets and fi scal soundness, learning how the management and operations costs of historic properties affect agency budgets is es- OPPORTUNITIES TO SUPPORT sential. Specifi cally, the information presented chapter 4 in the Section 3 reports should enable agencies LOCAL ECONOMIC DEVELOPMENT  to inform OMB about the present inventory of historic properties, the condition and value of such properties, how these properties affect  facilities management and operations, the capacity for properties to continue to support the agency mission, and the opportunity to reuse excess and surplus properties in a different manner or to support local economic develop- Engage in Do Not Engage ment initiatives, particularly heritage tourism. Partnerships in Partnerships

While a number of agencies possess substan- In summary, the patterns and trends revealed tial real property that is excess and surplus to that agencies have made varied progress but agency mission and should be sold or otherwise still have much to do to meet their NHPA disposed of, historic properties have intangible obligations. They are particularly in need of value that needs to be addressed using different training and guidance on many aspects of economic models. The Section 3 reports estab- Sections 110 and 111 of the NHPA. Agencies lish that while agencies have a good sense of how also need a better understanding of how they historic properties may fi t into their overall mis- can support the goals of the Preserve America sion, additional analyses on the cost of historic initiative by using Federal properties in a man- preservation is needed before agencies are willing ner that is mutually benefi cial to the agency to make long-term commitments regarding the and the local communities. reuse or rehabilitation of historic properties.

the preserve america executive order, report to the president 30 U.S. Post Offi ce, Orlando, FL The management actions of Federal agencies have suffered from deferred maintenance, that have long-term associations with historic been demolished, or had access permanently properties are critical to the community in curtailed. Agencies are often receptive to the general and tribal, State, and local govern- idea of public-private partnerships, but many ments in particular. Federal agencies are gen- do not believe that they have the legal author- erally involved in local or regional planning ity to consummate these arrangements without that will directly affect their real property the approval of Congress. Since public-private and operations. Unfortunately, the reverse partnerships often benefi t local economic de- is not always true. Local governments have velopment, agencies need legal interpretations OPPORTUNITIES TO SUPPORT expressed concern about not being involved of whether existing laws and government-wide during the latter stages of planning when Fed- regulations and procedures are adequate to LOCAL ECONOMIC DEVELOPMENT eral agencies propose to transfer, lease, or sell support these arrangements. properties. This is particularly problematic with historic properties since their signifi - cance to a community often goes beyond the economic value and is intimately linked to EO 13287 has resulted in agencies docu- with private investments, non-Federal grants, the history and culture of the community. menting and sharing via the Internet and lease arrangements, and volunteer efforts. “At publications noteworthy examples of projects risk” properties that might have otherwise Some communities and regions rely heavily on that enabled them to be better and more been demolished or mothballed indefi nitely the presence of national forests, national parks, The Lodore School was constructed in 1911 and responsible stewards of historic properties. found new uses that resulted from collabora- or other Federal governmental assets for their served for decades as the Some of these projects have been the work of tions with stakeholders and an interest on the heritage tourism. Therefore, issues related to educational and social center the agency alone, but most have been accom- agency’s part to turn around underperforming maintenance, access, capital improvements, or of a sparsely settled area in plished through partnership arrangements assets in its portfolio. security all have a bearing on a community’s northwest Colorado. Browns with other Federal agencies or non-Federal ability to sustain a signifi cant portion of its Park National Wildlife Refuge, Colorado (U.S. Fish and entities. Federal funding for the manage- One of the primary factors to be considered economic livelihood. While agencies do not Wildlife Service) ment of historic properties has been leveraged when developing partnerships and cooperative always involve stakeholders in the early stages management arrangements involving Federal of project planning, such collaboration is an historic property is the importance of the asset essential element of Federal stewardship. It is to the local community. The historic signifi - the stakeholders who can provide information cance of Federal historic properties frequently on the economics of Federal historic properties is associated with its importance to the com- to the community and bring to an agency’s at- munity or region as well as its relationship tention the community’s long-term vision and to events, people, and architecture associated goals for using such properties. Agencies shared in their 2004 Section 3 Volunteers in the Forest with the Federal Government. Hence, the reports several initiatives that are supporting Service’s Passport in presence of a Federal courthouse, national Public-private partnerships, lease agreements, local economic development and the vitality Time program (Department of Agriculture) park, national research laboratory, military and cooperative management arrangements are of communities. In sharing these initiatives, base, or dam in a community has a direct im- generally intended to preserve a specifi c his- agencies also indicated that security measures pact on the local economy of the community toric property and operate it to leverage Fed- have greatly curtailed the agency’s ability or region. The term “gateway community” is eral funds. The ACHP’ report Becoming Better to open historic properties to visitation or frequently used to describe the nexus between Stewards of Our Past 17 provides a number of cooperative public uses that support heritage the local community and such Federal man- examples about partnerships that have spurred tourism and other community economic agement units. The Federal presence, embod- heritage tourism and economic development goals. Nonetheless, the agencies indicate a ied in the historic property, becomes a catalyst around historic properties that otherwise may willingness to work with local heritage tour- for jobs, housing development, commercial ism offi ces, elected offi cials, and chambers of expansion, and infrastructure improvements. 17 ACHP, March 2004. commerce to compensate for lack of access.

the preserve america executive order, report to the president advisory council on historic preservation 32 33 chapter 4 case study

The Section 3 reports reveal that no agencies have formal policies and procedures in place United States Postal Service that address the use of Federal properties to support local economic development. Pro- grams such as the Department of Defense’s United States (DoD) Base Realignment and Closure Post Office Building (BRAC) and the Department of Veterans Af- Orlando, Florida fairs’ (VA) Capital Asset Realignment for En- hanced Services (CARES) Program recognize the need to address local economic develop- Located at 46 East Robinson Street in ment in proposed actions. However, most downtown Orlando, Florida, the U.S. Post agencies handle decision-making regarding Offi ce is built in the style know as Northern the use of Federal historic properties on a Italian Palazzo Revival and has three stories, a case-by-case basis. Issues that are routinely basement, and towers on the north and south addressed when determining how to support ends. The approximately 75,000 square foot local initiatives include legal liability, costs to facility was built on property once owned by the Federal Government, Federal oversight, an adjacent church. Construction started in Citizens learn about the Examples of initiatives cited by agencies stakeholder involvement, and performance 1939 during the Roosevelt administration government’s work on include heritage education programs, virtual measures. Written policies and procedures and was completed in 1941 for a total cost their behalf during tours of tours, controlled access tours, and alteration would greatly assist Federal property manag- of $575,000. The completed building was historic facilities such as this presentation at the Dryden of perimeter boundaries to exclude certain ers in determining the framework for nego- designated as both the Post Offi ce and the Flight Research Center. historic properties, museums, or visitor facili- tiating formal and informal arrangements to Federal Courthouse. Edwards, California ties from secured areas. support local economic development. (National Aeronautics and Restoration in 2002 demonstrated how Space Administration) historic architecture could be refi ned and adapted into a modern institutional building. Redevelopment was completed at no cost to local or Federal taxpayers; all work was privately fi nanced. The historic beauty and interiors of the original Post Offi ce were restored. The building also was expanded for commercial and institutional uses in a way The Post Offi ce building is centrally Restored and redeveloped by that was sympathetic to its historic origins located in Orlando and is served by free private interests without cost and that strictly adhered to Redevelopment mass transit. It is convenient to many to Federal or local taxpayers, the Italian Revival-style Main and Design Guidelines jointly created businesses and is one block from the new Post Offi ce in Orlando, Florida by U.S. Post Offi ce, the redevelopment Orange County Courthouse and the helped revitalize a unique consultant, and the City of Orlando. Orange County Regional History Center. downtown property and improve an urban area. (ACI Inc.)

the preserve america executive order, report to the president 34 35 chapter 4

Appearing much as it did two centuries ago, large stretches of the Missouri River Wild and Scenic River and the Lewis and Clark National Historic Trail are located on a mosaic of private and public lands. Montana (Bureau of Land Management)

chapter 5 2005 PROGRESS REPORTS

the preserve america executive order, report to the president 36 Airport Administration Building, Newark, NJ needed changes. An example of this commit- property assets at the right size, cost, and condi- ment is illustrated in the 2005 progress report tion to meet Federal need. Inventory is one tool from the United States Postal Service in which utilized by Federal agencies to meet that goal. they indicate the following: GSA will establish and maintain the database of all real property, including historic properties. Completion of the 2004 report has increased awareness of the Postal Service’s cultural re- Similar to the Section 3 baseline reports, sources at multiple levels. Greater attention is distinct patterns and trends emerged in the being paid to ensuring that the Postal Service ACHP/DOI reviews of the 2005 progress 2005 PROGRESS REPORTS complies with existing policies and procedures reports. They can be summarized as follows: as well as federal laws. Increased awareness has also led to additional consideration of • In response to the observation that agen- cultural resource activities when developing cies did not report on all types of proper- the FY06 budget.... ties, several agencies indicated that their historic property inventories are planned The progress reports clarify and expand on a or are underway, and actually do include Section 3(c) of EO 13287 requires each agency their respective agencies to increase awareness of number of issues presented by the ACHP and archeological sites and sites of religious and with real property management responsibilities the need to improve the preservation program DOI in their comments. Most of the issues cultural signifi cance to Indian tribes and to prepare a report by September 30, 2005, on and take steps to better account for and manage addressed the 10 major trends and patterns out- Native Hawaiian organizations. Agencies its progress in identifying, protecting, and using historic properties. The National Aeronautics lined in Chapter 3. Thus, the ACHP was able reported that identifi cation is ongoing historic properties in its ownership. Twenty-three and Space Administration stated in their 2005 to gain more insight into the types of historic subject to the availability of resources. of the 35 agencies that submitted baseline reports progress report the following: properties included in each agency inventory, also prepared progress reports. The Section 3 the protocols for nominating properties when • Some of the agencies that appeared to progress reports respond in part to comments The 2004 EO 13287 Section 3 Report determined eligible for inclusion in the National only evaluate properties for National provided by the ACHP and DOI on the baseline provided NASA with a useful overview of the Register, and opportunities for Federal historic Register eligibility advised the ACHP that reports. The primary benefi t to the ACHP in state of the agency’s CRM [Cultural Resource properties to help sustain local economics. they actually have agency procedures for reviewing these reports was to learn what progress Management] programs. The process of col- nominating properties to the National had been made since the submission of the initial lecting information for the report revealed The agencies also used the progress reports to Register despite the fact that they are not report and to clarify linkages to the Preserve that NASA Headquarters was not fully showcase special agency initiatives underway that routinely implemented. (See Figure 6). America initiative. Accordingly, the ACHP review aware of all of the CRM activities being un- tie directly or indirectly to the Preserve America focused on progress in the three primary areas set dertaken by the fi eld installations. The report initiative. Since many of the agencies are regularly Figure 6: Federally owned properties forth in the EO: the identifi cation, protection, identifi ed the need to collect NASA CRM briefed through participation on the Preserve listed on the National Register and use of Federal historic properties. documents, and create a system for sharing America Steering Committee on how other agen- this information among the installations. The cies are advancing the initiative, agencies have While the EO established only a one-year period report revealed that NASA CRM activities sought to fi nd opportunities to support Preserve to measure initial progress, this period was were not being conducted consistently among America with creative projects and fi nancial sup- adequate for agencies to get acclimated to the the installations. Thus the initial 2004 report port for partnerships involving Federal historic requirements of the EO and to take into account served as a catalyst for change. properties. Additionally, the progress reports comments provided by the ACHP and DOI on formalize the nexus between Section 3 of EO the baseline reports. The response by agencies to Ultimately, the progress reports should serve as 13287 and the reporting requirements set forth the requirement that progress reports be submit- a blueprint for how each agency will proceed in EO 13327 with regard to real property asset ted is encouraging and demonstrates their com- during the next three years to meet the overall management. As previously noted, under EO mitment to improved Federal stewardship and goals of EO 13287 with regards to stewardship, 13327, agencies are required to report on historic the Preserve America initiative. Moreover, agen- partnering opportunities, and heritage tourism. assets as one of 23 mandatory data elements. The cies indicated that the baseline information in Many agencies have expressed a willingness primary goal of the FRPC established in EO Total National Federally Owned Register Properties Listed Properties the initial Section 3 report had been used within to reevaluate current programs and consider 13327 is to maintain the Federal portfolio of real

the preserve america executive order, report to the president advisory council on historic preservation 38 39 case study 2005 progress reports

• Most agencies do not regularly prepare programs, and heritage tourism initia- Bureau of Land Management condition assessments for historic proper- tives that they believe will advance the ties. However, several agencies clarifi ed goals of Preserve America. Noteworthy that they have procedures for monitoring examples are referenced in Figure 7. Undaunted Stewardship the conditions of historic properties, and Montana these procedures will be used in the future Over the next three years and prior to the on a regular basis to establish a condition reporting deadline for the next triennial index for each asset in accordance with EO progress report, the ACHP and DOI intend 13327. Details were not provided, how- to consult with agencies to help them gain Undaunted Stewardship is a Bureau of Land private landowners. The program spurs ever, regarding when condition assessments the support of senior managers regarding the Management partnership in Montana that development of management plans. It also will be conducted, who will conduct them, need to fully staff and coordinate preserva- opens private lands to heritage travelers. assists landowners in creating information and how the information will be used. tion programs that support the agency’s mis- It was created by the Bureau of Land kiosks and other interpretive resources for sion and operations. Consultations among Management, the Montana Stockgrowers public visitation and education on private • Impediments such as security, environ- the agency, the ACHP, and other stakehold- Association, Montana State University, and lands containing historic sites, and other mental contamination, and accessibility are ers may help to determine how the agency U.S. Senator Conrad Burns. associated efforts. still a challenge, but agencies are explor- can improve its stewardship while support- This site on private land is ing creative ways to work around these ing local economic development activities. associated with the Lewis & Clark Expedition and was Undaunted Stewardship was originated Undaunted Stewardship was the recipient challenges and interpret the signifi cance of It is important that agencies come to terms made available to the public by Montana’s ranching and agricultural of the Advisory Council on Historic historic properties, such as through virtual with how to best manage excess Federal through a partnership among community and offi cially began in April Preservation’s 2005 Chairman’s Award tourism and heritage education programs. properties that could generate income for the Montana Stockgrowers 2001. It is experiencing steady growth as for Federal Achievement in Historic the Federal Government and be the focal Association, Montana State more landowners join the program, which Preservation. As John L. Nau, III, chairman • Most notably, many agencies engage in point of local redevelopment and heritage University, and the Bureau of Land Management. recognizes and encourages stewardship of the ACHP, remarked at the ACHP’s award partnerships, economic development tourism projects. (Bureau of Land Management) of natural and cultural resources by ceremony for this project: Figure 7: Excerpts from 2005 Section 3 Progress Reports “Montana’s landscape today vividly recalls that Demonstrate Improved Federal Stewardship the pristine country traversed by the Lewis and Clark expedition 200 years ago, in large • National Park Service: In FY 2004, 28 parks leased a total of 134 historic properties using measure because of wise stewardship on both the authority of Section 111 and 36 C.F.R part 18. Over 30 percent of the leases provide private and public lands. Just as public land for lessee performed rehabilitation work in lieu of rent. These leases generated $3 million stewards protect and provide reasonable access in revenue in FY 2003 that was used to preserve other park historic resources. to sites important to our heritage, private • Rural Development: In March 2005, RD’s community facilities program began an landowners in Montana are encouraging initiative where Preserve America communities applying to Rural Development appropriate heritage travel to historic sites would be given priority points for funding. on their property through the Undaunted Stewardship program while preserving and • National Aeronautics and Space Administration: NASA has awarded a contract to support the development of digital renderings and three-dimensional visualization of the Full Scale Tun- enhancing cultural and natural resources. nel located at the NASA Langley Research Center that has been listed as an NHL [National This is a wonderful model for similar part- Historic Landmark] since 1985. The purpose of the visualization work is to develop a virtual nerships across the nation.” prototype of the facility with suffi cient functionality to support increased heritage tourism of NASA NHL’s. Virtual tourism is being considered by NASA as a possible alternative to allowing public access to NHL’s that are located in restricted areas of NASA installations.

• Department of Energy: DOE has sought to reindustrialize some complex sites such as the K-25 plant at Oak Ridge, Tennessee and the Mound plant in Miamisburg, Ohio by turning over plants and warehouses to business and industry and by promoting the construction, by the private sector, of new buildings and facilities.

advisory council on historic preservation 40 41 case study

Department of the Interior Cathlapotle Archeological Site Research Project U.S. Fish and Wildlife Service

The Cathlapotle Archeological Site is the Chinook Tribe, and a volunteer advisory located along the Columbia River on panel of Vancouver-area teachers made the chapter 6 FINDINGS AND RECOMMENDATIONS Ridgefi eld National Wildlife Refuge in project possible. Supported by challenge Washington State. The site includes a village, grant funds, Portland State University fi rst documented by Lewis and Clark in studied and reported on the site, enabling the 1805, that was one of the largest and most Fish and Wildlife Service (FWS) to conduct important Chinook settlements on the high-quality research for a relatively low cost. Columbia River and demonstrates evidence of at least 2,300 years of human habitation. The Chinook Tribe, an active partner, recognized the project as an opportunity The project was designed as a proactive to delve deeper into its own heritage and research and educational outreach effort to share its knowledge of Chinook history with share a disappearing aspect of the Columbia the people who now live in its traditional River legacy with its inheritors, educate territory. Through outreach programs and people in the area, generate a sense of products developed for the project, FWS stewardship among local residents, promote also established an ongoing and positive understanding of past and present Chinook partnership with the local community, which culture, provide educational materials for has benefi ted the site through increased schoolchildren, and draw tourists. Strong awareness and a sense of stewardship partnerships with Portland State University, generated among residents for the cultural heritage in their own backyard. Outreach aspects of the project have involved public Lewis and Clark estimated 900 people of the “Quathlapotle tours of the excavation, a community Nation” lived in a large archeology festival, and presenting Chinook community (today information at events such as powwows called Cathlapotle) when they and public outreach programs. visited in 1806, but disease withered the population and the town of cedar plank Currently, excavation of the site is complete, structures was abandoned and lab research, public interpretation, and by 1840. Archeologists, education are ongoing. Present emphasis scholars, and Native Americans is on developing educational materials and are among the partners rediscovering and interpreting outreach opportunities to bring the story the site for new generations. of Cathlapotle to the public. The FWS’s Ridgefi eld National Wildlife nonprofi t partner, the Lewis & Clark Refuge, Washington Bicentennial Committee of Vancouver/Clark (U.S. Fish and Wildlife Service) County, is raising funds for the project; to date, the project has received over $80,000 in grants and donations.

42 United States Courthouse, Erie, PA information and prepare input for the Chief defi nitive, as all identifi ed properties listed as Financial Offi cers Report and the EO 13287 heritage assets in the EO 13327 Reports have Section 3 report concurrently. not been evaluated against the criteria for list- ing in the National Register of Historic Places. Agencies that own and manage more limited These reports also do not address archeologi- real property holdings comprising a similar cal sites and traditional cultural properties type property, such as courthouses or postal on public domain lands, types of properties facilities, typically have a good grasp of their that were frequently overlooked in the data historic property inventory and compile accu- gathering by agencies. It should be noted that FINDINGS AND RECOMMENDATIONS rate and uniform data. The majority of agen- the omission of information on archeological cies by their own admission have compiled sites and traditional cultural properties from information on a broader variety of historic some agencies’ real property inventory may be properties that was often deemed unreliable, attributed to the need to withhold confi den- inaccurate, and not comprehensive. Data tial information from the public on select sites that had been collected over the years was not in accordance with Executive Order 13007, updated or verifi ed with recent site visits by “Indian Sacred Sites,” and Section 304 of the This chapter contains the ACHP’s conclu- FINDING NO. 1 fi eld staff. Adjustments had not been made to National Historic Preservation Act. sions regarding the current state of Federal refl ect recent alterations to historic properties historic property management and its recom- Many of the agencies that own and control from agency actions or mitigation measures Recommendations mendations for improvement. While the pri- Federal real property have made signifi cant carried out in accordance with the NHPA mary basis for these recommendations is the progress since 2001 in identifying the historic and other authorities. Guidance to fi eld staff • In order to comply with the requirements reports submitted by Federal agencies, the properties for which they are responsible. How- on data collection was either not provided or of EO 11593, Section 110, of the NHPA ACHP also took note of recent actions that ever, many agencies continue to lack accurate, was unclear, resulting in inconsistent practices and EO 13287, the Administration should are underway to address the systemic prob- comprehensive information regarding the within the agency. Perhaps most noteworthy consider requiring agencies that own or lems agencies encounter in their stewardship historic property assets in their inventory is the fact that historic property data were not manage real property to establish bench- of historic properties. Many may assume and may not fully understand their property’s routinely collected by qualifi ed professionals marks for the ongoing identifi cation and that additional funding or property disposal value and management requirements. or even by individuals who had historic prop- evaluation of historic properties within the would alleviate all of an agency’s manage- erty management or preservation training. agency inventory. Benchmarks should be ment challenges, but the ACHP does not be- The information provided by the majority Even when data had been collected in the con- established by the affected agency in col- lieve that to be the case. Instead, concurrent of property managing agencies indicates that text of fulfi lling compliance responsibilities for laboration with the ACHP, the NPS, and with efforts to improve the asset and Federal because of recent reforms in government ac- specifi c projects or programs, the information GSA, and approved by the FPRC. property management system, the Federal counting and management, these agencies now was not regularly incorporated into existing Government needs to develop an ethic that regularly collect information on heritage assets historic property management databases. • Agencies with substantial real property considers the preservation and use of agency and cultural resources for inclusion in required holdings should consider securing the historic properties from the broader perspec- annual government-wide reports. However, As stated above, the lack of “useful and com- assistance and/or services of State His- tive of public benefi ts. This public includes methodologies and data systems for collecting parable data” was one of the problems cited in toric Preservation Offi cers, Tribal Historic not only tribal, State, and local communities, such information vary from agency to agency, the Federal Real Property Asset Management Preservation Offi cers, other State and but also the private sector that has invested, and sometimes even are inconsistent among the Agenda, a component of the 2004 President’s tribal agencies, and local and regional or desires to invest, in heritage tourism and various fi eld offi ces within a particular agency. Management Agenda subsequently included entities that have the expertise to complete local economic development initiatives. Problems are also exacerbated by the use of in EO 13327. The reports submitted to OMB needed survey work and National Register Widespread appreciation by Federal property poorly defi ned or inconsistent terminology by real property agencies in December 2005 evaluations and to update existing State managers of the unique resources in their (such as the overlapping terms “historic proper- in response to EO 13327 provided data on and regional databases used for asset and inventories will lead to wiser management ties” and “cultural resources”), which also skews a substantial number of historic properties cultural resources management. practices and decisions that will benefi t Fed- the results of data gathering and reporting. that will further the understanding of the eral agencies, the local community, and the This makes it diffi cult to summarize compara- Federal government’s real property assets and • The ACHP, in collaboration with the historic assets themselves. ble fi ndings or use one data system to compile their needs. This information, however, is not FRPC, should develop guidance on how

the preserve america executive order, report to the president advisory council on historic preservation 44 45 chapter 6 case study

agencies can better coordinate the report- purposes or in response to potential threats to ing requirements set forth in EO 13287 health and safety, agencies would do well to be General Services Administration and EO 13327 to avoid duplication of proactive and fund actions that result in im- effort, to advance the goal of uniform and proved property management. The belief that consistent historic property data, and to historic properties are more costly and more United States Courthouse improve overall coordination of govern- complicated to use or reuse for agency opera- Erie, Pennsylvania ment-wide reporting related to Federal tions and other public uses often becomes real property management. a self-fulfi lling prophecy when an agency’s inaction sets the stage for loss of important Note: This case study is taken from Extending the heads, musket balls, bottles, and pottery, that heritage assets. Legacy: GSA Historic Building Stewardship and will be displayed in the lobby of the new FINDING NO. 2 “United States Courthouse Erie, Pennsylvania.” courthouse annex within the complex. Recommendations Agency strategic plans, which are prepared by As federal space needs change, GSA keeps Formal fi nancial planning for the building An interior view of the United States Courthouse in Erie senior policy-makers to assist in fulfi lling the • The Administration should consider buildings viable by reprogramming them to began in FY 1997, following several years Pennsylvania shows why a agency’s mission, often do not address historic requiring agency strategic plans to refer- serve new functions. The key to successful of discussion between local and federal picture is worth a thousand property management needs or target historic ence how management goals can promote reprogramming is matching available offi cials. Congress authorized $3.3 million words in explaining the property issues related to the development of improved historic preservation planning, buildings to suitable tenants. For expansion of for the project and the Erie School district, importance of preserving business plans, ongoing facilities management, including an assessment of how the agency the Federal courthouse in Erie, Pennsylvania, which owned the 1896 library, sold it to the these irreplaceable and unique places that showcase and capital improvement projects could use historic properties to better GSA acquired underutilized historic buildings: Federal Government for one dollar. Congress outstanding federal and programs. support the agency’s mission. a beaux arts municipal library and a former authorized fi nal funding in the amount of architecture. (General art moderne clothing store now supplement $30.7 million in FY 2002. Services Administration) The Section 3 reports regularly stated that • The ACHP and GSA’s Center for GSA’s 1930s art deco courthouse. The three agencies do not address historic preservation Historic Buildings should collaborate to structures are linked by a contemporary responsibilities set forth in Section 110 of determine what types of guidance and addition that serves as a gateway. Combining the NHPA through their strategic planning training on contemporary business mod- old and new structures doubled the amount process. Since agency strategic plans assist in els for portfolio management, including of habitable space, not only enabling the site setting budget priorities and in addressing instruction on how to consider historic to meet the court’s requirements, but also major facilities management plans and capital property values and needs in business revitalizing the historic downtown. improvement projects, historic preservation plans, are needed by agencies. planning should be refl ected in these docu- The courthouse was completed in 2004. It ments. Activities related to historic proper- • The ACHP and the NPS should develop serves the U.S. District Court for the Western ties, such as maintenance, stabilization, and guidance and share best practices with District of Pennsylvania. The 135,000 square minor renovations, are not considered major property managers that illustrate how foot facility is composed of three historic programs and often are not supported through historic preservation issues should be buildings—the 1899 Erie Public Library, the designated budgets. Several agencies stated addressed as a component of facilities 1937 Federal Building and U.S. Courthouse, that because these activities are not given management and operations in support and the 1946 Isaac Baker and Son Clothing priority status, vacant and underutilized of the agency’s mission. Store Building—plus a new annex and buildings that do not appear to directly sup- connecting lobby structure. The 1.5-acre port the agency’s mission suffer from neglect, site held a courthouse, shops, and houses deterioration, and even demolition. FINDING NO. 3 built in the late 19th century until they were demolished for the 1937 Federal Building The absence of management objectives and Agency priorities do not typically include and U.S. Courthouse and the 1946 Baker performance goals for historic property man- staffi ng and funds to support the historic Store Building. Archeological excavations agement in a strategic context sends the wrong property stewardship goals of the NHPA or to prior to the recent construction turned up message to Federal property managers. Rather address at-risk and under-performing historic approximately 20,000 artifacts, such as axe than allocating funds solely for compliance properties within the agency’s inventory.

the preserve america executive order, report to the president 46 47 chapter 6 findings and recommendations

Since most resource management and op- Finally, the Section 3 reports indicate that there FINDING NO. 4 structured, liability addressed, private funding erational preservation activities occur at the is often limited coordination between land or handled, and staffi ng vetted. Absence of clearly fi eld level, access to historic preservation and facilities managers and historic preservation and Executive branch agencies would benefi t defi ned policies and procedures impedes the cultural resource management expertise for cultural resource staff in the ongoing manage- from directives or guidelines that promote the development of effective public-private partner- regional and fi eld offi ces is important. The ment decisions affecting historic properties. establishment of private-public partnerships, ships. This is especially true given the increasing Section 3 reports from the largest property While many agency programs require that Sec- consistent with agency missions and governing role such partnerships could play in preserv- owners note that the employment of quali- tion 106 coordinators or cultural resource staff laws, for the preservation and use of federally ing and protecting Federal historic properties fi ed staff is a challenge and often results in review project or program activities to identify owned and controlled historic properties in through leveraging Federal funds. reactive rather than proactive surveys, resource historic properties and assess potential effects, local economic development initiatives, evaluation, site protection, and condition there is rarely full integration of these staff into including heritage tourism. Recommendations assessments. Even the use of contractors in a budgeting, long-term planning, and decision- number of these agencies fails to fi ll this gap, making for capital improvement projects. Since Federal agencies each identifi ed practices and • The Administration should encourage since most services are procured for specifi c historic properties are part of the agency’s real procedures that they used to help form public- agencies to recognize that historic proper- undertakings rather than on a long-term estate portfolio, this often results in a failure to private partnerships to manage real property, ties under Federal control and manage- resource management basis. This situation is properly refl ect historic values and preservation including historic properties. A pattern that ment are an integral part of their local often exacerbated by lack of training and guid- needs in management decisions. emerged is that such partnerships often help community or neighborhood as well as ance to the fi eld regarding agency compliance leverage Federal funds and staff to ensure Federal assets, and that the local govern- priorities for Section 110 and limited agency Recommendations proper stewardship. Thus, a variety of “Friends ment and community representatives directives on ongoing historic property of ...” groups, nonprofi ts, local advocacy should be considered as major stakeholders planning and management. • The Administration should encourage groups, and civic associations have developed when determining the appropriate use, agencies to use qualifi ed preservation in recent years to help protect, manage, and reuse, and treatment of such properties. Agencies have designated Federal Preservation professionals, rather than non-preserva- use resources that might be at risk without Offi cers (FPOs) in accordance with Section tionists assigned to historic preservation as non-Federal assistance. • Agencies should actively involve tribal, 110 to help lead and coordinate agency-wide a collateral duty, to assist with establishing State, and local governments in the plan- preservation activities. However, some of the and implementing agency policies and Homeland security requirements and enhanced ning process for Federal historic properties FPOs lack the required training and profession- protocols for complying with NHPA and military security have hampered some pro- at the earliest stages to ensure that the goals al background to meet the needs of their posi- related preservation regulations, directives, grams, particularly those that must bring non- of EO 13287 are met and opportunities tions or the Secretary of the Interior’s Historic and guidelines. Federal employees or visitors within secure and for partnerships to use such properties for Preservation Professional Qualifi cation Stan- restricted areas of Federal facilities and sites. the benefi t of the local community are dards. Conversely, many qualifi ed FPOs are • The Administration should reaffi rm that Nonetheless, agencies continue to recognize the fully explored, consistent with agency not given suffi cient responsibility and involve- real property managing agencies must value of the fi nancial, technical, and manage- missions and applicable laws. ment in the strategic planning and budgeting show leadership in historic preservation ment assistance provided by partnerships. In process and most lack the authority to provide and encourage policies and procedures fact, some agencies are providing seed funds to • The Administration, in consultation with oversight of activities of fi eld-level personnel. that promote the use or reuse of historic replicate successful programs throughout fi eld GSA, the NPS, and the ACHP, should Consequently, they are unable to effectively properties to advance the agency’s mission and State offi ces. determine what guidance is needed to provide the leadership needed to improve their and support local economic development. promote public-private partnerships that agency’s historic preservation program. In What is notable is that few agencies actually will support the use or reuse of historic agencies with more recently established historic • The Administration should collaborate have formal procedures or internal directives properties and encourage agencies to preservation programs, it is not unusual for the with the private sector to identify contem- that explain and support agency partnerships adopt appropriate procedures to advance FPO also to serve as the National Environmen- porary strategies for facilities management on historic preservation with tribal, State, or that goal. tal Policy Act (NEPA) Coordinator with a focus and oversight for historic properties as well local governments and the private sector, and on integrating historic preservation with NEPA as provide incentives for relevant research in some cases there are signifi cant policy or • GSA, in consultation with the ACHP and reviews and other environmental requirements. and development, technology transfer, and administrative obstacles to such collaboration. the NPS, should provide and/or develop Historic preservation may therefore be seen project innovation. Many agencies stated that they rely on periodic model covenants, leases, cooperative man- more as a collateral or secondary duty than a or case-specifi c legal or program advice on how agement arrangements, and easements to primary assignment. partnerships on historic preservation should be facilitate public-private partnerships.

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FINDING NO. 5 declared excess and surplus to the needs of specifi c Federal agencies. Recent projects Department of Agriculture Agencies generally lack procedures that ensure located in various regions of the nation the timely consideration of alternative uses for illustrate GSA’s commitment to the Fed- historic properties that are excess to or no longer eral stewardship of historic buildings using historic raven natural able to support an agency’s mission. contemporary business models and real estate resource learning center practices. As part of GSA’s retention-disposal Kootenai National Forest, Montana A pattern that emerged from the Section analysis for properties within its inventory, 3 reports is the frequent existence of real the agency explores outleasing of buildings The Historic Raven Natural Resource The partnership has created an educational property within an agency’s portfolio that when it appears that there may be a market Learning Center began its history in 1906 program at the Historic Raven Natural is incompatible with an agency’s current for Federal use in the future. In the context of as the Raven Ranger Station. In the days of Resource Learning Center that brings mission and essentially nonperforming. developing long-term lease or comanagement horse and mule transportation, it supported students and instructors from cities across While agencies with limited real property agreements, GSA can determine whether to the newly created Forest Service as a supply the nation to learn about natural and cultural holdings have generally found uses for their market a property for private investment or to station for the southern end of the 2.5 resources at the historic site. This project historic properties, larger agencies such as enter into public-private partnerships that are million acre Kootenai National Forest. Two was a recipient of the 2004 Preserve America the VA, the Forest Service, and the Bureau benefi cial to the government. nonprofi t organizations, Communities for a Presidential Awards. of Land Management indicate that a fairly Great Northwest and Provider Pals, teamed large percentage of their inventories is excess GSA uses the provisions of Section 111 of with almost 30 other partners, including to each agency’s mission. They also concede the NHPA to negotiate cutting-edge deals to the Forest Service, local communities, that formal decisions regarding long-term preserve major local landmarks. Section 111 major foundations, schools, businesses, and disposition do not happen quickly. This of- allows agencies to reinvest lease proceeds into individuals to preserve this historic place. ten results in local communities’ complaints historic preservation activities involving the about federally owned and neglected “white subject property or other historic buildings. elephants” in the community. Consequently, historic preservation projects that may not have been considered a funding Historic Raven Natural Resource The Section 3 reports recognize the fi nancial priority in a given fi scal year receive needed Learning Center is a labor of and administrative challenges of managing funding, allowing the Federal Government to love and a partnership where old structures are teaching youth about underutilized or functionally obsolete proper- be a good neighbor and catalyst for local revi- the importance of natural resources ties. Although traditionally these properties talization initiatives. Similarly, the VA has had and stewardship. Kootenai National are buildings and structures, in many instances authority to enter into enhanced use leases Forest, Montana (Forest Service) historic districts, cultural landscapes, archeo- since 1991. This authority is consistent with logical sites, and traditional cultural proper- Section 111 and allows public-private partner- ties are now included among these “at risk” ships that focus on improved stewardship and historic properties. Following years of deferred the reuse of excess real property. maintenance and neglect, often the agency The President and Mrs. Bush give concludes that the cost of repair or rehabilita- In reviewing agency responses regarding their Bruce Vincent, Executive Director, tion is economically prohibitive. Demolition or adherence to Section 111, it was evident Provider Pals and Communities for a Great Northwest, and Bob site clearance, therefore, is considered the most that agencies do not use this provision of the Castaneda, Kootenai National viable alternative with the goal of redeveloping NHPA when exploring options for address- Forest Supervisor, a Preserve or transferring cleared parcels free of restrictions ing excess and surplus real property. Thus, America Presidential Award in the to redevelopment. opportunities to preserve historic properties Oval Offi ce for the Historic Raven excess to agency mission requirements or that Natural Resource Learning Center. Washington D.C. GSA, as the major Federal landlord, has been are functionally obsolete for specifi c agency (Paul Morse, White House) successful in promoting the retention and programs are not automatically considered reuse of a number of signifi cant local land- for lease or exchange. The impediments marks that were in its inventory after being to using Section 111 vary from agency to

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agency but can best be summarized as the • The ACHP, in cooperation with the NPS ment of this council under OMB has suc- of federally owned historic properties staff’s general lack of knowledge, including and GSA, should share among agencies cessfully commanded the attention of agency into business planning and strategies agency legal staff. examples of successful outcomes resulting leadership. Improved Federal real property for improving performance of historic from using Section 111 leasing authorities. management has promised to increase agency properties. Such strategies include tar- The Section 3 reports confi rm that improve- resources by selling off excess properties. In geted reinvestment and giving priority to ment in Federal asset management and • The ACHP should use opportunities addition, these efforts should improve manage- rehabilitation and expansion of historic historic property stewardship must incorpo- presented by the DoD’s current and past ment by focusing on resources that are critical facilities as opposed to replacement with rate strategies that value the uniqueness of rounds of BRAC to determine whether to agency missions, streamline maintenance new construction or relocation to con- historic properties and consider their cultural there are appropriate economic redevel- and repair by reducing property inventories, temporary leased space. and social value to a community in addi- opment and reuse models that may be and increase necessary knowledge of the agen- tion to their economic value. The economic transferable. cies’ properties and their needs. • The Administration, in consultation analyses that do not consider the potential with the ACHP, the NPS, and GSA, for a reused or redeveloped Federal historic Through the reporting and coordinating should convene a triennial conference property to act as a catalyst for other revi- FINDING NO. 6 mechanisms established by these EOs 13327 on historic property management and talization efforts in the local community and 13287, an accountability system has been agency compliance with EOs 13287 are faulty. This principle applies both to the Agencies that own and control real property created that offers a great opportunity to im- and 13327 and thereby share fi ndings Federal Government and to the private sector would benefi t from more coordinated and prove Federal stewardship of historic properties and recommendations from submitted that uses Federal, State, and local tax incen- systematic Federal oversight that focuses on over the long term. Analysis of the initial round reports with the senior policy offi cials tives to assist in the reuse and redevelopment the stewardship of federally owned historic of reports under both EOs is likely to lead to designated under EO 13287, the public, of historic properties. properties and their availability for local further refi nement of those mechanisms. and the private sector. economic development initiatives. Recommendations Recommendations • The FRPC should invite the ACHP to The Federal Government has relied on agency participate in its proceedings as an observer • The Administration, in collaboration with compliance with the NHPA to ensure that • FRPC members should consult directly in order to bring the historic preservation the FRPC, should take steps to elimi- its stewardship responsibilities as set forth with offi cials that oversee their respec- expertise and perspective of this agency to nate or reduce procedural impediments in Section 110 were being met. Despite the tive agency’s preservation programs to the broader consideration of Federal real to disposing of vacant, underutilized, or oversight roles established for the NPS and the discuss ways to incorporate stewardship property management. functionally obsolete historic properties. ACHP through changes to the law in 1992 and the issuance of the Section 110 Guide- • The Administration, in consultation lines in 1998, the agencies have basically been with GSA and the ACHP, should review self-policing with limited external review the provisions of Section 111 to deter- or monitoring. The issuance of EO 13287 mine what obstacles preclude agencies changed this practice, and agencies for the from using this authority to redirect fi rst time were actually required to submit to their proceeds from the sale, lease, or outside scrutiny and receive feedback on how transfer of historic properties to other they have established and are managing their preservation projects in the absence of historic preservation programs. The progress agency specifi c legislation. made by many agencies since 1992 is certainly encouraging, and it is anticipated that agen- • The Administration should review how cies will make even more signifi cant progress enhanced use-lease authorities are granted before the next ACHP Report to the President and used by agencies to promote historic is submitted in 2009. preservation goals and determine whether this authority can be incorporated in When the President issued EO 13327, the cre- government-wide regulations rather than ation of the FRPC was a major component of agency-by-agency legislation. this government-wide directive. The establish-

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The Mabry Mill, VA, is the most photographed structure on the Blue Ridge Parkway. While its scenic beauty draws travelers, it also serves as a living classroom of mountain heritage, and provides access to the Mountain Industry Trail which offers interpretive insight into area history and culture. (Photo by Cedric N. Chatterley)

chapter 7 NEXT STEPS

the preserve america executive order, report to the president 54 Lewis and Clark National Historic Trail, MT NEXT STEPS

While a variety of agencies will be involved in management plans to OMB, the The ACHP will keep senior policy offi cials Unique structures such evaluating and carrying out the steps recom- ACHP will collaborate with GSA and and senior real property offi cials apprised of as this Romanesque-style mended in this report, the ACHP is commit- OMB to determine how the FRPC the progress of these efforts and engage them Administration Building at the VA Medical Center in Hot ted to moving forward on those actions it can could ensure that historic properties as appropriate. Springs, South Dakota have take. In fi scal years 2006 through 2008, the and stewardship goals as defi ned by been created nationwide since ACHP in cooperation with its members will the NHPA are addressed in business shortly after the Civil War to develop an action plan to assist real property plans required for each reported asset. SUMMARY care for America’s wounded veterans. (Department of managing agencies achieve the benchmarks Veterans Affairs) that they have established in Federal real prop- 3. During FY 2007, the ACHP will EO 13287 has proven to be a useful tool erty and asset management. The focus of the convene a Federal stewardship for identifying the status of Federal historic ACHP’s efforts will be on improving agency meeting that focuses on the reports property management and the achievements knowledge of and sensitivity to the basic stew- submitted to ACHP pursuant to and needs of Federal agencies that manage real ardship principles set forth in the NHPA and EO 13287 and to OMB pursuant property. This fi rst Report to the President is a EO 13287. To achieve this goal, the ACHP to EO 13327. milestone for Federal stewardship, representing proposes a fi ve-point plan that outlines the the fi rst overview based on agency self-exami- next steps the ACHP will implement to help 4. During FY 2007, the ACHP will nations and independent ACHP evaluation. agencies maintain their momentum in under- collaborate with GSA, the NPS, and It comes at a time when the Administration is standing and managing their Federal historic another land managing agency to making signifi cant strides in Federal property properties as valuable assets. develop a primer on outleasing Federal management. The ACHP is confi dent that the historic buildings to improve nonper- fi ndings and recommendations included in this “Bug Light,” as the Portland 1. During FY 2006, the ACHP will forming assets. report will result in improvements to the overall Breakwater Light is known consult with agencies to determine operation and management of Federal historic locally, is today a focal point actions the agencies will take by 2008, 5. Beginning in FY 2006 and continu- properties. Moreover, the ACHP anticipates of a scenic pedestrian trail. Built in 1875, it was modeled to improve their historic preservation ing through FY 2008, the ACHP will that the recommendations, once implemented, on a fourth century B.C. programs and to make progress in the consult with non-Federal stakehold- will improve the effi ciency and effectiveness of monument in Greece and is identifi cation, protection, and use of ers to identify measures they believe agency efforts to become better stewards of their unique among lighthouses as agency historic properties. will promote public-private partner- heritage assets. Federal agencies take seriously a result. Portland, Maine ships and assist with local economic their responsibility to be leaders in historic (U.S. Coast Guard) 2. Prior to the 2006 deadline for the development initiatives and heritage preservation and with proper support, guidance, submission of EO 13327 asset tourism programs. and oversight they will achieve that goal.

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EXECUTIVE ORDER 13287: PRESERVE AMERICA APPENDIX A

By the authority vested in me as President by the Sec. 2. Building Preservation Constitution and the laws of the United States Partnerships. of America, including the National Historic Preservation Act (16 U.S.C. 470 et seq.) (NHPA) When carrying out its mission activities, each and the National Environmental Policy Act agency, where consistent with its mission and APPENDICES (42 U.S.C. 4321 et seq.), it is hereby ordered: governing authorities, and where appropriate, shall seek partnerships with State and local Sec 1. Statement of Policy. governments, Indian tribes, and the private sector to promote local economic develop- It is the policy of the Federal Government to pro- ment and vitality through the use of historic vide leadership in preserving America’s heritage properties in a manner that contributes to the by actively advancing the protection, enhance- long-term preservation and productive use of ment, and contemporary use of the historic those properties. Each agency shall examine properties owned by the Federal Government, its policies, procedures, and capabilities to and by promoting intergovernmental coopera- ensure that its actions encourage, support, and tion and partnerships for the preservation and use foster public-private initiatives and invest- of historic properties. The Federal Government ment in the use, reuse, and rehabilitation of shall recognize and manage the historic proper- historic properties, to the extent such support ties in its ownership as assets that can support is not inconsistent with other provisions of department and agency missions while contribut- law, the Secretary of the Interior’s Standards ing to the vitality and economic well-being of the for Archeology and Historic Preservation, and Nation’s communities and fostering a broader essential national department and agency mis- appreciation for the development of the United sion requirements. States and its underlying values. Where consistent with executive branch department and agency Sec. 3. Improving Federal missions, governing law, applicable preserva- Agency Planning and tion standards, and where appropriate, executive Accountability. branch departments and agencies (“agency” or “agencies”) shall advance this policy through (a) Accurate information on the state of Feder- the protection and continued use of the historic ally owned historic properties is essential to properties owned by the Federal Government, achieving the goals of this order and to pro- and by pursuing partnerships with State and local moting community economic development governments, Indian tribes, and the private sector through local partnerships. Each agency with to promote the preservation of the unique cul- real property management responsibilities shall tural heritage of communities and of the Nation prepare an assessment of the current status of and to realize the economic benefi t that these its inventory of historic properties required by properties can provide. Agencies shall maximize section 110(a)(2) of the NHPA (16 U.S.C. efforts to integrate the policies, procedures, and 470h-2(a)(2)), the general condition and man- practices of the NHPA and this order into their agement needs of such properties, and the steps program activities in order to effi ciently and ef- underway or planned to meet those manage- fectively advance historic preservation objectives ment needs. The assessment shall also include in the pursuit of their missions. an evaluation of the suitability of the agency’s

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types of historic properties to contribute to (e) No later than June 30, 2003, the head of each (d) The National Park Service, working with Sec. 6. National and Homeland APPENDIX A community economic development initiatives, agency shall designate a senior policy level offi cial the Council and in consultation with other Security Considerations. APPENDIX A including heritage tourism, taking into account to have policy oversight responsibility for the agencies, shall make available existing materials agency mission needs, public access consider- agency’s historic preservation program and notify and information for education, training, and Nothing in this order shall be construed to re- ations, and the long-term preservation of the the Council and the Secretary of the designation. awareness of historic property stewardship to quire any agency to take any action or disclose historic properties. No later than September This senior offi cial shall be an assistant secretary, ensure that all Federal personnel have access to any information that would confl ict with or 30, 2004, each covered agency shall complete a deputy assistant secretary, or the equivalent, as information and can develop the skills neces- compromise national and homeland security report of the assessment and make it available appropriate to the agency organization. This sary to continue the productive use of Federally goals, policies, programs, or activities. to the Chairman of the Advisory Council on offi cial, or a subordinate employee reporting owned historic properties while meeting their Historic Preservation (Council) and the Secre- directly to the offi cial, shall serve as the agency’s stewardship responsibilities. Sec. 7. Defi nitions. tary of the Interior (Secretary). Federal Preservation Offi cer in accordance with section 110(c) of the NHPA. The senior offi cial (e) The Council, in consultation with the Na- For the purposes of this order, the term (b) No later than September 30, 2004, each shall ensure that the Federal Preservation Offi cer tional Park Service and other agencies, shall en- “historic property” means any prehistoric or agency with real property management is qualifi ed consistent with guidelines established courage and recognize exceptional achievement historic district, site, building, structure, and responsibilities shall review its regulations, by the Secretary for that position and has access by such agencies in meeting the goals of the object included on or eligible for inclusion on management policies, and operating procedures to adequate expertise and support to carry out NHPA and this order. By March 31, 2004, the the National Register of Historic Places in ac- for compliance with sections 110 and 111 of the duties of the position. Council shall submit to the President and the cordance with section 301(5) of the NHPA (16 the NHPA (16 U.S.C. 470h-2 & 470h-3) heads of agencies recommendations to further U.S.C. 470w(5)). The term “heritage tourism” and make the results of its review available to Sec. 4. Improving Federal stimulate initiative, creativity, and effi ciency in means the business and practice of attracting the Council and the Secretary. If the agency Stewardship of Historic the Federal stewardship of historic properties. and accommodating visitors to a place or area determines that its regulations, management Properties. based especially on the unique or special aspects policies, and operating procedures are not in Sec. 5. Promoting Preservation of that locale’s history, landscape (including compliance with those authorities, the agency (a) Each agency shall ensure that the manage- Through Heritage Tourism. trail systems), and culture. The terms “Federally shall make amendments or revisions to bring ment of historic properties in its ownership owned” and “in Federal ownership,” and simi- them into compliance. is conducted in a manner that promotes the (a) To the extent permitted by law and within lar terms, as used in this order, do not include long-term preservation and use of those proper- existing resources, the Secretary of Commerce, properties acquired by agencies as a result of (c) Each agency with real property management ties as Federal assets and, where consistent with working with the Council and other agencies, foreclosure or similar actions and that are held responsibilities shall, by September 30, 2005, agency missions, governing law, and the nature shall assist States, Indian tribes, and local com- for a period of less than 5 years. and every third year thereafter, prepare a report of the properties, contributes to the local com- munities in promoting the use of historic prop- on its progress in identifying, protecting, and munity and its economy. erties for heritage tourism and related economic Sec. 8. Judicial Review. using historic properties in its ownership and development in a manner that contributes to make the report available to the Council and (b) Where consistent with agency missions the long-term preservation and productive use This order is intended only to improve the in- the Secretary. The Council shall incorporate and the Secretary of the Interior’s Standards of those properties. Such assistance shall include ternal management of the Federal Government this data into a report on the state of the Fed- for Archeology and Historic Preservation, and efforts to strengthen and improve heritage tour- and it is not intended to, and does not, create eral Government’s historic properties and their where appropriate, agencies shall cooperate ism activities throughout the country as they any right or benefi t, substantive or procedural, contribution to local economic development with communities to increase opportunities for relate to Federally owned historic properties and enforceable at law or equity by a party against and submit this report to the President by Feb- public benefi t from, and access to, Federally signifi cant natural assets on Federal lands. the United States, its departments, agencies, ruary 15, 2006, and every third year thereafter. owned historic properties. instrumentalities or entities, its offi cers or em- (b) Where consistent with agency missions and ployees, or any other person. (d) Agencies may use existing information (c) The Council is directed to use its existing governing law, and where appropriate, agencies gathering and reporting systems to fulfi ll the authority to encourage and accept donations of shall use historic properties in their ownership GEORGE W. BUSH assessment and reporting requirements of sub- money, equipment, and other resources from in conjunction with State, tribal, and local tour- sections 3(a)-(c) of this order. To assist agencies, public and private parties to assist other agen- ism programs to foster viable economic partner- THE WHITE HOUSE, the Council, in consultation with the Secretary, cies in the preservation of historic properties ships, including, but not limited to, cooperation March 3, 2003. shall, by September 30, 2003, prepare advisory in Federal ownership to fulfi ll the goals of the and coordination with tourism offi cials and guidelines for agencies to use at their discretion. NHPA and this order. others with interests in the properties.

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TITLE 41—PUBLIC CONTRACTS APPENDIX B ADVISORY COUNCIL ON HISTORIC APPENDIX C PRESERVATION MEMBERSHIP AND PROPERTY MANAGEMENT JANUARY, 2006 SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM Chairman Acting Administrator, John L. Nau, III (Texas) General Services Administration CHAPTER 102—FEDERAL MANAGEMENT Hon. David L. Bibb REGULATIONS Vice Chairman Bernadette Castro (New York) Secretary of Defense Part 102-78 Historic Preservation agencies must consider the effects of their Hon. Donald H. Rumsfeld undertakings on historic and cultural proper- Expert Members Authority: 16 U.S.C. 470h–2; 40 U.S.C. ties and give the Advisory Council on Historic John G. Williams, III, AIA (Washington) Secretary of Transportation 121(c) and 581. Preservation (Advisory Council), the State His- Julia A. King, Ph.D. (Maryland) Hon. Norman Y. Mineta toric Preservation Offi cer (SHPO), and other Ann Alexander Pritzlaff (Colorado) Source: 70 FR 67848, Nov. 8, 2005, consulting parties a reasonable opportunity to Susan Snell Barnes (Illinois) Chairman, unless otherwise noted. comment regarding the proposed undertakings. National Trust for Historic Preservation Citizen Members Jonathan Kemper (Missouri) Subpart A— Subpart B— Mark A. Sadd (West Virginia) General Provisions Historic Preservation Emily Summers (Texas) President, National Conference of State Historic Preservation Offi cers § 102-78.5 § 102-78.15 Member of an Indian Tribe Jay D. Vogt (South Dakota) Gerald A. Jemison (New York) What is the scope of this part? What are historic properties? Observer: Governor General Chairman, National Association The real property policies contained in this part Historic properties are those that are included Hon. Timothy Pawlenty (Minnesota) of Tribal Historic Preservation Offi cers apply to Federal agencies, including GSA’s Pub- in, or eligible for inclusion in, the National Alan S. Downer, Ph.D. (Navajo Nation) lic Buildings Service (PBS), operating under, or Register of Historic Places (National Regis- Mayor subject to, the authorities of the Administrator ter) as more specifi cally defi ned at 36 C.F.R. Vacant Observer: of General Services. The policies in this part are 800.16. Secretary, Department of Commerce in furtherance of GSA’s preservation program Architect of the Capitol Hon. Carlos M. Gutierrez under section 110 of the National Historic Hon. Alan M. Hantman, FAIA Preservation Act of 1966, as amended (16 § 102-78.20 Observer: U.S.C. 470) and apply to properties under the Secretary of the Interior Secretary, Department of Education jurisdiction or control of the Administrator and Are Federal agencies required to identify his- Hon. Gale A. Norton Hon. Margaret Spellings to any Federal agencies operating, maintaining, toric properties? or protecting such properties under a delega- Secretary of Agriculture Observer: tion of authority from the Administrator. Yes, Federal agencies must identify all Na- Hon. Michael O. Johanns Secretary, Department of Housing tional Register or National Register-eligible and Urban Development historic properties under their control. In ad- Administrator, Hon. Alphonso R. Jackson § 102-78.10 dition, Federal agencies must apply National Environmental Protection Agency Register Criteria (36 C.F.R. part 63) to prop- Hon. Stephen L. Johnson What basic historic preservation policy erties that have not been previously evaluated governs Federal agencies? for National Register eligibility and that may be affected by the undertakings of Federally To protect, enhance, and preserve historic and sponsored activities. cultural property under their control, Federal

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APPENDIX C § 102-78.25 § 102-78.35 § 102-78.50 central business areas. Agencies may give a price APPENDIX C preference of up to 10 percent to space in his- What is an undertaking? Are Federal agencies required to involve What historic preservation services must toric buildings and districts, in accordance with consulting parties in their historic Federal agencies provide? §§102–73.120 and 102–73.125 of this chapter. The term undertaking means a project, activity, preservation activities? or program funded in whole or in part under Federal agencies must provide the following the direct or indirect jurisdiction of a Federal Yes, Federal agencies must solicit informa- historic preservation services: § 102-78.65 agency, including those— tion from consulting parties to carry out their responsibilities under historic and cultural (a) Prepare a Historic Building Preserva- What are Federal agencies’ historic preservation (a) Carried out by or on behalf of the preservation laws and regulations. Federal tion Plan for each National Register responsibilities when disposing of real property agency; agencies must invite the participation of or National Register-eligible property under their control? consulting parties through their normal public under their control. When approved by (b) Carried out with Federal fi nancial notifi cation processes. consulting parties, such plans become Federal agencies must— assistance; or a binding management plan for the (a) To the extent practicable, establish property. and implement alternatives for historic (c) Requiring a Federal permit, license, § 102-78.40 properties, including adaptive use, that or approval. (b) Investigate for historic and cultural are not needed for current or projected What responsibilities do Federal agencies have factors all proposed sites for direct and agency purposes. Agencies are required to when an undertaking adversely affects a historic leased construction. get the Secretary of the Interior’s approval § 102-78.30 or cultural property? of the plans of transferees of surplus Federally-owned historic properties; and Who are consulting parties? Federal agencies must not perform an under- § 102-78.55 taking that could alter, destroy, or modify an (b) Review all proposed excess actions to As more particularly described in 36 C.F.R. historic or cultural property until they have For which properties must Federal agencies identify any properties listed in or eli- 800.2(c), consulting parties are those parties consulted with the SHPO and the Advisory assume historic preservation responsibilities? gible for listing in the National Register. having consultative roles in the Section 106 pro- Council. Federal agencies must minimize Federal agencies must not perform cess (i.e., Section 106 of the National Historic all adverse impacts of their undertakings on Federal agencies must assume historic preser- disposal actions that could result in the Preservation Act), which requires Federal agen- historic or cultural properties to the extent that vation responsibilities for real property assets alteration, destruction, or modifi cation cies to take into account the effects of their un- it is feasible and prudent to do so. Federal agen- under their custody and control. Federal agen- of an historic or cultural property until dertakings on historic properties and afford the cies must follow the specifi c guidance on the cies occupying space in buildings under the Federal agencies have consulted with the Council a reasonable opportunity to comment protection of historic and cultural properties in custody and control of other Federal agencies SHPO and the Advisory Council. on such undertakings. Specifi cally, consulting 36 C.F.R. part 800. must obtain approval from the agency having parties include the State Historic Preservation custody and control of the building. Offi cer; the Tribal Historic Preservation Offi cer; § 102-78.70 Indian tribes and Native Hawaiian organiza- § 102-78.45 tions; representatives of local governments; ap- § 102-78.60 What are an agency’s historic preservation plicants for Federal assistance, permits, licenses, What are Federal agencies’ responsibilities responsibilities when disposing of another and other approvals; other individuals and concerning nomination of properties to the When leasing space, are Federal agencies able Federal agency’s real property? organizations with a demonstrated interest in National Register? to give preference to space in historic proper- the undertaking; and the Advisory Council ties or districts? Federal agencies must not accept property de- (if it elects to participate in the consultation). Federal agencies must nominate to the clared excess by another Federal agency nor act National Register all properties under their Yes, Executive Order 13006 requires Federal as an agent for transfer or sale of such proper- control determined eligible for inclusion in agencies that have a mission requirement to ties until the holding agency provides evidence the National Register. locate in an urban area to give fi rst consideration that the Federal agency has met its National to space in historic buildings and districts inside Historic Preservation Act responsibilities.

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APPENDIX D EXECUTIVE BRANCH AGENCIES COMPLIANCE WITH EXECUTIVE ORDER NO. 13287 AND NO. 13327 APPENDIX D

Agency Agency EO 13287: EO 13287: Senior Real Agency Agency EO 13287: EO 13287: Senior Real Federal Senior Policy Section 3 2004 Section 3 2005 Property Offi cer Federal Senior Policy Section 3 2004 Section 3 2005 Property Offi cer Preservation Offi cial baseline progress report designated in Preservation Offi cial baseline progress report designated in Offi cer designated report fi led fi led accordance with Offi cer designated report fi led fi led accordance with AGENCY designated per EO 13287 EO 13327 AGENCY designated per EO 13287 EO 13327 Agency for International Department of Justice Development Federal Bureau Department of Agriculture of Prisons Agricultural Department of Labor Research Service Department of State Forest Service Department of Farm Services Agency Transportation Natural Resource Federal Aviation Conservation Service Administration Rural Development Federal Highway Department of Commerce Administration National Oceanic Surface Agencies notifi ed ACHP & Atmospheric Transportation Board and stated that the Administration Department of Treasury provisions set forth in Section 3 of EO 13287 Department of Defense Bureau of Engraving did not apply to them, Department of Education and Printing because they did not own Department of Energy Department of real property. Federal Energy Veterans Affairs Regulatory Commission Environmental The department notifi ed the ACHP that the senior Department of Health Protection Agency policy offi cial for the and Human Services General Services agency will represent all Department of Administration sub-agencies. Homeland Security National Archives and Department of Records Administration Homeland Security— National Aeronautics and Law Enforcement Space Administration and Training National Science Department of Housing Foundation and Urban Development Nuclear Regulatory Department of Interior Commission Bureau of Offi ce of Personnel Indian Affairs Management Bureau of Small Business Land Management Administration Bureau of Social Security Reclamation Administration Fish & Tennessee Valley Authority Wildlife Service United States National Park Service Postal Service United States Geological Survey the preserve america executive order, report to the president advisory council on historic preservation 66 67 appendices

APPENDIX E FEDERAL AGENCY WEBSITES

The following list of agency Websites includes sites with information on federally owned historic properties, heritage assets, and heritage tourism programs

Advisory Council on Historic Preservation National Aeronautical and www.achp.gov Space Administration www.nasa.gov Bureau of Land Management www.blm.gov National Historic Lighthouse Preservation Act www.cr.nps.gov/maritime/nhlpa Department of Defense www.dod.gov National Park Service www.nps.gov Department of Energy www.doe.gov Offi ce of Management and Budget www.whitehouse.gov/omb/ Department of the Air Force www.af.mil Preserve America www.preserveamerica.gov Department of the Army www.army.mil Take Pride in America www.takepride.gov Department of Commerce’s National Oceanic and Atmospheric Administration U.S. Coast Guard www.preserveamerica.noaa.gov www.uscg.mil

Department of the Navy U.S. Fish and Wildlife Service www.navy.mil www.fws.gov

Federal Accounting Standards Advisory Board USDA Forest Service www.fasab.gov www.fs.fed.us

Federal Preservation Institute USDA National Resources www.ncptt.nps.gov/fpi/ Conservation Services www.nrcs.usda.gov General Services Administration www.gsa.gov USDA Rural Development www.rurdev.usda.gov

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