11 Federal Real Property Disposal: Historic Properties and Assets U.S. General Services Administration St. Augustine Lighthouse St. Augustine. FL Landholding Agency: USCG St. Elizabeth Hospital Washington, D.C. Landholding Agency: HHS Sunflower Army Ammunition Plant Johnson County, KS Landholding Agency: US Army

2 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 History of Historic Preservation

3 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, : The American preservation movement begins  The American preservation movement dates back to Ann Pamela Cunningham and the Mount Vernon Ladies Association’s who worked to save Mount Vernon.

4 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 The Antiquities Act of 1908: First legislation protecting national heritage

5 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  40,000 new Federal Buildings  85,000 Improved Federal Buildings  1,000 Libraries  9,300 Auditoriums and gyms  900 Armories  1,686 Parks  5,900 Schools  3,189 Playgrounds 1935: Works Progress Administration

6 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  254 Golf courses  1,101 Ice skating rinks  805 Swimming Pools  65 Ski jumps  Highway, road, and street projects 1935: Works Progress Administration, (con’t)

7 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, : The National Trust for Historic Preservation is chartered by Congress  Acquire and preserve historic sites and objects of national importance.  1996-Federal funding ended and Trust became private

8 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Goal was to standardize procurement practices and provide uniformity.  Inherited the inventory of the Supervising Architect. 1949: GSA is created as a procurement and service agency

9 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  GSA became responsible for maintaining existing buildings and constructing new buildings 1949: GSA’s mission (con’t)

10 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 GSA Owned Buildings by Construction Era

11 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Federal urban renewal and highway programs resulted in destruction of historic properties. 1950s and 1960s: Historic properties are destroyed

12 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Authorizes the Secretary of the Interior to establish and promulgate regulations for the National Register of Historic Places, which is composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture.  The Secretary is also authorized to set forth National Historic Landmark designation criteria and promulgate regulations for nominating historic properties for inclusion in the World Heritage List, in accordance with the terms of the Convention concerning the Protection of the World Cultural and Natural Heritage (16 U.S.C. § 470a(2) 1966: National Historic Preservation Act (NHPA)

13 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Sets the federal policy for preserving our nation’s heritage.  Required Federal government to assume a leadership role in historic preservation.  Establishes a federal-state and federal-tribal partnership.  Establishes the National Register of Historic Places and National Historic Landmarks Programs.  Expanded the universe of historic properties eligible for the National Register of Historic Places (an official list of the Nation’s historic places worthy of preservation.  Established the Federal review process to protect Federally- owned historic properties (Section 106). 1966: National Historic Preservation Act (NHPA

14 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Charges Federal Agencies with responsible stewardship.  Formalized the role of the state government State Historic Preservation Office (SHPO).  Establishes the Advisory Council on Historic Preservation.  Established financial assistance for administrative programs at state and local levels.  36 CFR, Part 800-Protection of Historic Properties 1966: National Historic Preservation Act (NHPA

15 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 NHPA Key Terminology

16 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Historic property means any –prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.  Historic property includes –artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization that meet the National Register criteria. What is considered a “Historic Property”?

17 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  The term “eligible for inclusion” includes both properties formally determined as such by the “Keeper” and all other properties that meet the National Register criteria. –The “Keeper” is the individual who has been delegated the authority by NPS to list properties and determine their eligibility for the National Register.  In general, a property must be 50 years or older to be eligible for the National Register.  Analyze the property’s integrity and significance. What is considered a “Historic Property”?

18 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  The NRHP is a listing of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and culture maintained by the Secretary of the Interior. National Register of Historic Places (NRHP)

19 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 A.Association with events B.Association with people C.Distinctive design/construction 1.Distinctive construction characteristics 2.Work of a master 3.Artistic value 4.A distinguishable entity D.Data Potential What are the criteria for inclusion in the National Register?

20 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 In addition to meeting the National Register criteria, what integrity characteristics must properties have?  Properties must have integrity of: –Location –Setting –Design –Materials –Workmanship –Feeling and Association

21 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 What is a Federal undertaking?  Any project, activity, or program under the direct or indirect jurisdiction of a Federal agency that may result in changes in the character or use of historic properties potentially resulting in an adverse effect: –Carried out by or on behalf of a Federal agency; –Carried out with Federal financial assistance; or –Requiring a Federal permit, license or approval that may result in changes in the character or use of historic properties potentially resulting in an adverse effect.

22 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 What is an adverse effect?  An “adverse effect” is a determination that a Federal undertaking may directly or indirectly alter a historic resource’s characteristics in a manner that would diminish the integrity of its location, design, setting, materials, workmanship, feeling, or association.

23 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 What is an Area of Potential Effects?  The geographic area or areas within which an undertaking may directly or indirectly cause changes in the character or use of historic properties. The area of potential effects is influenced by the scale and nature of an undertaking and may be different for different kinds of effects caused by the undertaking.

24 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 NHPA Section 110

25 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Section 110 of the Act requires all federal agencies to establish--in conjunction with the Secretary of the Interior-- their own historic preservation programs for the identification, evaluation, and protection of historic properties.  Responsibility of federal agencies to protect historic properties and integrate into their programs. What is Section 110 of the NHPA?

26 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Federal Agencies: –Responsible to nominate eligible properties to the National Register. –Consult with SHPOs/Tribal Historic Preservation Officers (THPOs), Native American groups, and Advisory Council for Historic Preservation (ACHP) to minimize adverse effects of Federal activities on historic properties. –Designate Federal Preservation Officer (FPO) who is responsible for coordination of cultural resource management and compliance with NHPA. What are Federal agencies’ responsibilities under Section 110?

27 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 What should a Landholding Agency (LHA) do to satisfy Section 110 NHPA requirements prior to reporting property excess?  Before reporting property excess, LHAs should: –Determine the property’s eligibility for listing on the National Register of Historic Places. –If eligible create a preservation plan. –Consider alternatives to excessing historic properties (Section 111 outlease, retaining the historic property and excessing a different property, etc.).

28 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Section 110 vs. Section 106 requirements  When reporting a property excess to GSA, the LHA is only responsible for fulfilling Section 110 requirements and ensuring the protection and maintenance of historic properties until the property is transferred or conveyed.  GSA, as the Disposal Agency, will comply with the Section 106 requirements for the property disposal. GSA will: –Determine the Area of Potential Effect (APE) for the disposal action. –Enter into agreements with SHPOs/THPOs affecting the property’s disposal (i.e., agree to restrictive covenants).

29 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Section 106 of the NHPA [54 U.S.C ] requires each Federal agency to consider the effects of its undertakings on any historic property listed, or eligible for listing, on the National Register. Section 106 of the NHPA

30 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Site acquisition  Major modernization of historic buildings  R & A in historic buildings  Additions to historic buildings  New construction on sites containing or adjoining historic buildings and or historic districts  Any project that disturbs the ground (archeology)  Lease actions  Property disposal What can be considered an undertaking under Section 106?

31 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 First step in the Section 106 process Initiate Section 106 Process-Is there an undertaking?

32 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Second step in the Section 106 process I dentify Historic Properties potentially effected

33 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Third step in the Section 106 process Step 3 – Assess effect(s) and determine if Adverse

34 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Undertaking may: –Alter characteristics that qualify the property for the National Register. –Diminish the property’s integrity.  Consider: –All qualifying characteristics of the property and site. –Apply criteria of adverse effect to each property. –Reasonably foreseeable effects. –Cumulative effects. What is the criteria for an adverse effect?

35 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Physical destruction or alteration.  Relocation of a property.  Changes in the character of a property’s use or setting.  Introduction of incompatible visual, atmospheric or audible elements (i.e., new construction).  Neglect and deterioration.  Transfer or sale out of Federal ownership (i.e., disposal).  Alteration inconsistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. What are the examples of an adverse effect?

36 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Agency must provide documentation of determination of adverse / no adverse effect to SHPO/THPO, consulting parties and make documentation available to the public.  SHPO/THPO or ACHP may comment on Agency’s findings.  If Agency maintains its findings despite objections, Section 106 complete. What is the adverse effect process?

37 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Historic Monument Public Benefit Conveyances  GSA screens the property.  DOI executes the deed.  Allows money making activities.  DOI performs compliance. Grove Arcade Federal Building, Asheville, NC Conveyed as a Historic Monument PBC to the City of Asheville

38 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Fourth step in the Section 106 process Resolve Adverse Effects

39 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Notify ACHP  Notify additional consulting parties/public  Develop and consider alternatives  Prepare background documentation  Negotiate mitigation plan for inclusion in Memorandum of Understanding (MOA) What is the process?

40 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 What is the criteria for ACHP involvement?  Does the case have substantial impacts on important historic properties?  Does the case present important questions of policy or interpretation?  Does the case have the potential for presenting procedural problems?  Does the case present issues of concern to Indian tribes or Native Hawaiian organizations?

41 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016  Governs the undertaking and all of its parts.  Is a Legally binding document.  Specifies agreed upon alternatives and/or mitigation.  Identifies parties for implementing.  Implementation evidences agency completion of Section 106.  Is signed by a GSA Regional Official with Federal Preservation Officer concurrence. What is the outcome of consultation? A Memorandum of Agreement (MOA)—

42 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Case Study: Cedar Rapids ‘59 Act Exchange  Conveyance of historic courthouse for new courthouse site.  Section 106 Process: –GSA determined that the property exchange and proposed construction of the New Courthouse could have an adverse effect on the Old Courthouse and the unevaluated river wall and will have an adverse effect on the Cedar Rapids and Marion City Railway Carbarn ("Carbarn“).

43 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Case Study: Cedar Rapids Old Courthouse Redevelopment  MOA includes: –“The City shall ensure that… consideration shall first be given to qualified entities demonstrating successful experience with historic building adaptive use projects…” –“…Successful experience shall be demonstrated in visual and descriptive documentation of projects consistent with The Secretary of the Interior's Standards…” –“.. all developers or future transferees to retain an historic preservation architect …All architectural work to be done in connection…will be conducted or directly overseen by an architect who meets the Historic Architect Standards. –“Documents governing subsequent transfers…shall also provide for review and approval by the SHPO and the Cedar Rapids Historic Preservation Commission of plans for alterations affecting the Old Courthouse's character- defining spaces, features or qualities.”

44 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Case Study: Cedar Rapids Carbarn Demolition  MOA includes that: “ In connection with the design and construction of the New Courthouse, GSA determined that it is not feasible to retain and incorporate any portion of the Carbarn into the project. Prior to demolition of the Carbarn, GSA or the City shall cause the following to occur: 1.Recordation.. 2.Salvage of Materials… 3.Distribution of Documentation… ”

45 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 In summary: Section 106 and real property disposal  Work with the LHA to identify historic resources.  Determine the Area of Potential Effect for the disposal.  Assess any adverse effects of the disposal of historic resources.  Mitigate any adverse affects through negotiation with the SHPO/THPO.

46 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Significant Historic Property Examples

47 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Disposal of significant historic properties  Forest Glen Seminary  Former Girls’ School acquired by Army  Extensive structural deterioration while in US ownership  Very unique structures  Active public  Easement given to the MD SHPO for enforcement.

48 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Disposal of significant historic properties (con’t )  San Francisco Mint  National Historic Landmark (NHL)  National Trust Agreed to Administer Restrictive Covenants The San Francisco Mint Conveyed to the City of San Francisco

49 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Disposal of significant historic properties (con’t )  NASA Industrial Plant Downey, CA  WWII Aircraft Production  American Rocket & Missile Design  Space Shuttle Orbiter Testing  20 Buildings & Structures Eligible for National Register N.I.P. Downey Conveyed to the City of Downey

50 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Astronaut Walk of Fame Located at Downey

51 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Downey Reuse Plan

52 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Columbia Memorial Space Science Learning Center Located at Downey

53 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Downey Studios

54 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Fine Arts and Property Disposal  LHA should identify and protect.  Fine arts can be transferred separately from buildings.  Key issue is public access.  Property Disposal has standardized disposal language.

55 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 NHPA Section 111 Outleasing

56 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Section 111 Summary:  An alternative to excessing or disposal when lack of funds for critical upgrades.  Authorizes the leasing of federal historic buildings not needed for federal use to non-federal entities.  Provides continued public use and access to significant buildings and community landmarks.  Opportunity for private reinvestment to benefit GSA and the public.

57 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 GSA’s Tariff Building: Washington, DC Section 111 Outlease

58 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 David Dyer Courthouse Miami, FL

59 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 David Dyer Courthouse

60 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Disposal Challenges: –Shared mechanical and utility systems between Dyer and Atkins would need to be separated-$10M. –Measures needed to secure Atkins results in adverse effect to Dyer. –Major repair work at Dyer needed to make asset marketable-$40M to $60M –National Register asset would be lost from GSA’s inventory. –Significantly disrupt law enforcement master plan for prisoner movement and court personnel safety that was a critical element for how the Miami Justice Center was developed.

61 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Solution-Sec. 111 Outlease:  Out lease to Miami-Dade College: $1 per year/50 years.  MDC responsible for Sec. 106 compliance.  MDC undertakes $45M in renovations & upgrades.  MDC acquires 60K of new offices & classrooms.  Security measures of Federal Judicial Center preserved.  National Register property remains in inventory.

62 Department of Energy-FIMS Annual Comprehensive Training Orlando, FL May 10-12, 2016 Where can I find additional information on NHPA? For more information, see:   