TREASURY DIRECTIVE: TD 75-01

DATE: July 29, 2008

SUBJECT:  Department of the Treasury Historic Preservation Program

1.   PURPOSE.  This directive states policies and procedures to protect the architectural integrity of all Treasury buildings, the original designs and sculptures associated with the grounds, and the historic Treasury collections of objects, such as furniture, furnishings and arts, as part of the Department's Historic Preservation Program.  This directive is issued to assure compliance with the National Historic Preservation Act (NHPA) and the Advisory Council on Historic Preservation regulations (36 CFR Part 800).  The NHPA declares that it is necessary and appropriate for the Federal Government to use measures to foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony and fulfill the social, economic, and other requirements of future generations.

2.   SCOPE.  This directive applies to all bureaus and offices of the Treasury Department, including the Departmental Offices.  The authority of the Inspectors General is set forth in Section 3 of the Inspector General Act and the Internal Revenue Service Restructuring and Reform Act, and defined in Treasury Order 114-01 (OIG) and Treasury Order 115-01 (TIGTA), or successor orders.  The provisions of this directive shall not be construed to interfere with that authority.  

3.   DEFINITIONS.  The definitions in 36 CFR 800.16 of the ACHP Regulations shall be used for purposes of this directive:

a.   Act means the National Historic Preservation Act of 1966, as amended, 16 USC 470-470w-6.

b.   Council means the Advisory Council on Historic Preservation (ACHP).

c.   Effect means alteration to the characteristics of a historic property qualifying it for inclusion in or eligibility for the National Register.

d.   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.

e.   The term eligible for inclusion in the National Register includes both properties formally determined as such in accordance with regulations of the Secretary of the Interior and all other properties that meet the National Register criteria.

f.    National Historic Landmark means a historic property that the Secretary of the Interior has designated a National Historic Landmark.

g.   National Register means the National Register of Historic Places maintained by the Secretary of the Interior.

h.   National Register criteria means the criteria established by the Secretary of the Interior for use in evaluating the eligibility of properties for the National Register   (36 CFR Part 60).

i.    Historic Preservation Officer (HPO) means the official appointed or designated pursuant to section 101(b) (1) of the Act to administer the historic preservation program of the Treasury Department.

j.    Treasury Building means the Main Treasury Building and the Annex.

k.   Collection means a group of objects, considered historically significant that relate to Treasury’s history either through age or association with a significant event.

 

4.      REPORTING REQUIREMENTS.

 

a.       The NHPA established a National Historic Preservation Program, including reviews of proposed Federal undertakings which may affect National Register or eligible properties. This program applies to the Department of the Treasury, the owner of record of the Treasury Building and Treasury Annex as well as all bureau properties deemed eligible for National Register listing. The Department is also responsible for certain program-related licensing and approval activities which may require historic preservation reviews.

b.      The NHPA also established the ACHP as an independent Federal advisory body to coordinate and advise on historic preservation activities.  Federal agencies are required to consult with the ACHP on proposed Federal undertakings which might affect National Register or eligible properties.

c.       The NHPA requires the Federal Government to administer Federally-owned, administered or controlled prehistoric and historic resources in a spirit of stewardship for the inspiration and benefit of present and future generations.

5.   RESPONSIBILITIES.

a.   The Office of the Curator is recognized as the Preservation Office for the Department of the Treasury, including the Departmental Offices (DO) and all Treasury bureaus.  The Curator serves as the Preservation Officer for the Treasury Department.  The Department of the Treasury, through the Office of the Curator, will:

1)   evaluate fully its undertakings in accordance with the requirements of the Advisory Council on Historic Preservation (ACHP) Regulations and the National Historic Preservation Act (NHPA), and the guidelines of the American Association of Museums (AAM);

2)   encourage the preservation, conservation and enhancement of properties and collections under its jurisdiction, or those which may be affected by its undertakings that are listed, eligible or appear to be eligible for listing in the National Register of Historic Places (hereafter "the Register") and/or are considered to be a historic resource of the Treasury Department and its history.  This is done by:

a)   providing leadership to identify, research, preserve and maintain all historic Treasury buildings and historic Treasury objects;

b)   maintaining the valuable and important preservation work completed on the Main Treasury Building which was designated a National Historic Landmark Building in 1972, as well as the Treasury Annex, listed on the National Register of Historic Places; and

c)   researching:

(1)  Treasury buildings of potential historic significance to submit for nomination those which qualify for listing on the Register (subject to the Department of the Interior's guidelines for the protection of historic places); and

(2)  collection objects that possess historic significance either through age or association with Departmental history.

d)   supporting the opportunities for the public to learn more about the history of the Department of the Treasury, its contribution to the economic history and the development of the United States, and its important buildings and the historical collections within the bureaus  This is accomplished through programs in the public interest, including educational programs, printed materials, participation in local historic events, web sites and tour programs generated by Departmental Offices, the Bureau of Engraving and Printing and the U.S. Mint and other bureau locations.

3)   be responsible for the overall policy, direction, and administration of the Treasury Historic Preservation Program;

4)   oversee any memorandums of agreement or programmatic agreements citing the Treasury Building as a historic landmark and involving the Department of the Treasury, Department of the Interior, Commission of Fine Arts, Advisory Council on Historic Preservation, National Capital Planning Commission or District of Columbia Historic Preservation Office;

5)   coordinate the efforts of the Treasury bureaus’ oversight of historic Treasury buildings and collections to ensure that they are in compliance with museum-quality standards to guarantee the stabilization and preservation of these properties and objects;

6)   ensure that the restored Treasury Building, the Treasury Annex, and any other Treasury properties of historic significance are not altered without historic research, careful planning and consideration.  If changes are deemed necessary, they will only be made after consideration of whether the NHPA Section 106 review process is applicable, and if applicable, that such process is completed;

7)   ensure planning and actions as may be necessary to minimize harm to any National Historic Landmark that may be directly and adversely affected by an undertaking;

8)   ensure that Main Treasury and the Treasury bureaus properly maintain, preserve and track their historic collections as well as individual objects of age and historic significance and adhere to all internal and external reporting requirements;

9)   be responsible for developing and monitoring a comprehensive Department-wide inventory of all objects of Treasury historic significance to include, but not be limited to:

1)   historic antiques;

2)   decorative arts;

3)   fine arts (paintings, portraits, sculpture);

4)   works on paper (prints, watercolor, etc.);

5)   historic architectural fragments; and

6)   incoming loans to the Department of any of the above.

10) coordinate with other Bureau Historic Preservation Officers to obtain information for this inventory through periodic "call letter" notifications; and

11) provide instruction to the Bureau Historic Research Officers on the proper maintenance, care and inventory control of their respective collections and objects.

b.   The Bureau heads, the Deputy Assistant Secretary for Departmental Offices Operations (for Departmental Offices), the Inspector General for Tax Administration and the Inspector General, as the Order relates to their respective bureaus and offices, shall:

1)   implement the provisions of this directive, including the identification of all National Register, or eligible properties under their jurisdiction through the maintenance of a current inventory of all sites, buildings, districts, and objects that are listed or appear to qualify for listing in the National Register, and the protection of public and private National Register, or eligible, properties (including Federal installations) in any Federal undertaking within their jurisdiction in a manner appropriate to the historical, architectural, archeological, or cultural character of the property;

2)   serve as the Bureau Historic Preservation Officer with continuing staff responsibility for historic preservation matters.  This function may be delegated, as appropriate, in writing to a subordinate official under their direct supervision;

3)   nominate for inclusion in the National Register any Treasury property under their jurisdiction which appears to meet the criteria and prepare such nominations for the approval and signature of the Assistant Secretary for Management and Chief Financial Officer (ASM/CFO);

4)   ensure that historic preservation reviews and studies are coordinated with environmental reviews and consultations as required by Section 800.14(a) of the ACHP Regulations and Treasury Directive 75-02, "Department of the Treasury Environmental Quality Program;"

5)   prepare for the approval and signature of the Assistant Secretary for Management and Chief Financial Officer memorandums of agreement or programmatic agreements involving the Department of the Treasury and the ACHP or State Historic Preservation Officers;

6)   issue supplementary procedures consistent with this directive to implement the NHPA, after review and concurrence by the ASM/CFO; and

7)   be responsible for staff support in the implementation of this directive, including the preparation and monitoring of the inventory in their respective bureaus as required in paragraph 5. (a) 11) and submitting an annual inventory report to the Departmental Historic Preservation Officer.

6.   PROCEDURES.  The specific procedures to be followed when reviewing proposed Federal undertakings for possible historic preservation requirements are described in Subparts B and C of the ACHP Regulations.  For ready reference, a flow chart of the basic procedural steps is available at: http://www.achp.gov/regsflow.html.  The guidelines of the American Museum Association and American Institute for Conservation shall provide information on the care, maintenance and tracking of collections and objects.

7.   EXCLUSIONS.  This directive does not apply to Treasury undertakings outside of the United States and its territories, or to general purpose loan guarantees or payments by the Department of the Treasury.

8.   AUTHORITIES.

a.       National Historic Preservation Act of 1966, as amended, 16 USC 470 et seq.

b.      Advisory Council on Historic Preservation Regulations, "Protection of Historic Properties" (36 CFR Part 800)

c.       National Historic Landmarks Program (36 CFR Part 65)

d.      Executive Order 13287, Section 3, “Report to ACHP & the Secretary of the Interior”

9.   REFERENCES.  

a.       Section 106 Regulations Users Guide available at http://www.achp.gov/usersguide.html

b.      The Secretary of the Interior's Professional Qualification Standards
(48 FR 44716, September 29, 1983)

c.       The Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (as amended and annotated by the National Park Service)

d.      The Secretary of the Interior's Standards for the Treatment of Historic Properties, 1995

e.       Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (The Secretary of the Interior's Standards for the Treatment of Historic Properties)

f.       Guidelines for Federal Agency Responsibilities, Under Section 110 of the National Historic Preservation Act

g.      American Museum Association, Manual of Standard Museum Practices & Procedures at http://www.aam-us.org/infocenter/info08.htm

h.      American Institute for Conservation of Historic & Artistic Works, Caring for Architecture and Code of Ethics and Guidelines for Practice at http://www.aic.stanford.edu/

10. CANCELLATION.

 

      Treasury Directive 75-01, "Department of the Treasury Historic Preservation Program," dated November 20, 1992, is superseded.

11. OFFICE OF PRIMARY INTEREST.

 

      Office of the Curator, Office of the Deputy Assistant Secretary (Departmental Offices Operations), Office of the Assistant Secretary for Management and Chief Financial Officer.

 

 

 

 

Peter McCarthy

Assistant Secretary for Management and

Chief Financial Officer

 

 

 

 

Electronic Attachments:  Section 106 Regulations Process Flow Chart

http://www.achp.gov/regsflow.html

http://www.achp.gov/regs-tribes.html

http://www.achp.gov/regs-nhos.html