Common use of Text of the Policy Clause in Contracts

Text of the Policy. The following is the text of the final policy statement: Historic buildings provide affordable housing to many American families. Affordable housing rehabilitation can contribute to the ongoing vitality of historic neighborhoods as well as of the businesses and institutions that serve them. Rehabilitation can be an important historic preservation strategy. Federal agencies that help America meet its need for safe, decent, and affordable housing, most notably the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture’s (USDA’s) Rural Development agency, often work with or near historic properties. The ACHP considers affordable housing for the purposes of this policy to be Federally-subsidized, single- and multi-family housing for individuals and families that make less than 80% of the area median income. It includes, but is not limited to, Federal assistance for new construction, rehabilitation, mortgage insurance, and loan guarantees. National policy encompasses both preserving historic resources and providing affordable housing. The National Historic Preservation Act (NHPA) of 1966, as amended, directs the Federal government to xxxxxx conditions under which modern society and prehistoric and historic resources can exist in productive harmony and ‘‘fulfill the social, economic, and other requirements of present and future generations.’’ Similarly, affordable housing legislation like the Xxxxxxxx- Xxxxxxxx Act of 1990, which aims to ‘‘expand the supply of decent, safe, sanitary, and affordable housing,’’ anticipates historic preservation as a tool for meeting its goals. Actively seeking ways to reconcile historic preservation goals with the special economic and social needs associated with affordable housing is critical in addressing one of the nation’s most pressing challenges. Providing affordable housing is a growing national need that continues to challenge housing providers and preservationists. In issuing this policy statement, the ACHP, consistent with Section 202 of the NHPA, offers a flexible approach for affordable housing projects involving historic properties. Section 106 of the National Historic Preservation Act Section 106 requires Federal agencies to take into account the effects of their actions on historic properties and afford the ACHP a reasonable opportunity to comment. This policy provides a framework for meeting these requirements for affordable housing. Federal tax incentives provide opportunities for historic preservation and affordable housing to work together, including the Low-Income Housing Tax Credit and the Historic Rehabilitation Tax Credit. Projects taking advantage of the Historic Rehabilitation Tax Credit must be reviewed by the National Park Service (NPS) for adherence to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitatinq Historic Buildinqs (Secretary’s Standards) in a separate and distinct process. Review of these projects is more comprehensive than Section 106 review and necessitates early coordination with NPS and the State Historic Preservation Officer (SHPO) since work must adhere to the Secretary’s Standards to obtain the tax credit. Nonetheless, coordination with Section 106 consultation and these reviews frequently occurs. In an effort to better focus Section 106 reviews for affordable housing, the ACHP encourages Federal and State agencies, SHPOs, Tribal Historic Preservation Officers (THPOs), local governments, housing providers, and other consulting parties to use the following principles in Section 106 consultation. I. Rehabilitating historic properties to provide affordable housing is a sound historic preservation strategy. II. Federal agencies and State and local government entities assuming HUD’s environmental review requirements are responsible for ensuring compliance with Section 106. III. Review of effects in historic districts should focus on exterior features. IV. Consultation should consider the overall preservation goals of the community. V. Plans and specifications should adhere to the Secretary’s Standards when possible and practical. VI. Section 106 consultation should emphasize consensus building. VII. The ACHP encourages streamlining the Section 106 process to respond to local conditions. VIII. The need for archeological investigations should be avoided. I. Rehabilitating Historic Properties to Provide Affordable is a Sound Historic Preservation Strategy. II. Federal Agencies and State and Local Government Entities Assuming HUD’s Environmental Review Requirements Are Responsible for Ensuring Compliance With Section 106. III. Review of Effects in Historic Districts Should Focus on Exterior Features. Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices 7389

Text of the Policy. The following is the text of the final policy statement: Historic buildings provide affordable housing to many American families. Affordable housing rehabilitation can contribute to the ongoing vitality of historic neighborhoods as well as of the businesses and institutions that serve them. Rehabilitation can be an important historic preservation strategy. Federal agencies that help America meet its need for safe, decent, and affordable housing, most notably the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture’s (USDA’s) Rural Development agency, often work with or near historic properties. The ACHP considers affordable housing for the purposes of this policy to be Federally-subsidized, single- and multi-family housing for individuals and families that make less than 80% of the area median income. It includes, but is not limited to, Federal assistance for new construction, rehabilitation, mortgage insurance, and loan guarantees. National policy encompasses both preserving historic resources and providing affordable housing. The National Historic Preservation Act (NHPA) of 1966, as amended, directs the Federal government to xxxxxx conditions under which modern society and prehistoric and historic resources can exist in productive harmony and ‘‘fulfill the social, economic, and other requirements of present and future generations.’’ Similarly, affordable housing legislation like the Xxxxxxxx- Xxxxxxxx-Xxxxxxxx Act of 1990, which aims to ‘‘expand the supply of decent, safe, sanitary, and affordable housing,’’ anticipates historic preservation as a tool for meeting its goals. Actively seeking ways to reconcile historic preservation goals with the special economic and social needs associated with affordable housing is critical in addressing one of the nation’s most pressing challenges. Providing affordable housing is a growing national need that continues to challenge housing providers and preservationists. In issuing this policy statement, the ACHP, consistent with Section 202 of the NHPA, offers a flexible approach for affordable housing projects involving historic properties. Section 106 of the National Historic Preservation Act Section 106 requires Federal agencies to take into account the effects of their actions on historic properties and afford the ACHP a reasonable opportunity to comment. This policy provides a framework for meeting these requirements for affordable housing. Federal tax incentives provide opportunities for historic preservation and affordable housing to work together, including the Low-Income Housing Tax Credit and the Historic Rehabilitation Tax Credit. Projects taking advantage of the Historic Rehabilitation Tax Credit must be reviewed by the National Park Service (NPS) for adherence to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitatinq Rehabilitating Historic Buildinqs Buildings (Secretary’s Standards) in a separate and distinct process. Review of these projects is more comprehensive than Section 106 review and necessitates early coordination with NPS and the State Historic Preservation Officer (SHPO) since work must adhere to the Secretary’s Standards to obtain the tax credit. Nonetheless, coordination with Section 106 consultation and these reviews frequently occurs. In an effort to better focus Section 106 reviews for affordable housing, the ACHP encourages Federal and State agencies, SHPOs, Tribal Historic Preservation Officers (THPOs), local governments, housing providers, and other consulting parties to use the following principles in Section 106 consultation. I. Rehabilitating historic properties to provide affordable housing is a sound historic preservation strategy. II. Federal agencies and State and local government entities assuming HUD’s environmental review requirements are responsible for ensuring compliance with Section 106. III. Review of effects in historic districts should focus on exterior features. IV. Consultation should consider the overall preservation goals of the community. V. Plans and specifications should adhere to the Secretary’s Standards when possible and practical. VI. Section 106 consultation should emphasize consensus building. VII. The ACHP encourages streamlining the Section 106 process to respond to local conditions. VIII. The need for archeological investigations should be avoided. I. Rehabilitating Historic Properties to Provide Affordable is a Sound Historic Preservation Strategy. II. Federal Agencies and State and Local Government Entities Assuming HUD’s Environmental Review Requirements Are Responsible for Ensuring Compliance With Section 106. III. Review of Effects in Historic Districts Should Focus on Exterior Features. Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices 7389