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21 December 2007
[Federal Register: December 20, 2007 (Volume 72, Number 244)]
[Proposed Rules]
[Page 72319-72322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de07-24]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1281
[NARA-07-0005]
RIN 3095-AA82
Presidential Library Facilities
AGENCY: National Archives and Records Administration.
ACTION: Proposed rule.
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SUMMARY: The National Archives and Records Administration (NARA) is
issuing regulations under the Presidential Libraries Act (PLA)
amendments of 1986 (codified at 44 U.S.C. 2112). Section 2112 requires
the Archivist of the United States to promulgate architectural and
design standards for Presidential libraries and to report to Congress
before he accepts title to or enters into an agreement to use land, a
facility, and equipment as a Presidential library. The Archivist must
also report to Congress before accepting a gift for the purpose of
making any physical or material change or addition to an existing
library. Because new Presidential libraries have traditionally been
built by private, nonprofit charitable foundations, either by
themselves or in collaboration with state and local government or
universities, this proposed rule will affect these nonfederal entities.
DATES: Comments on the proposed rule must be received by February 19,
2008.
ADDRESSES: NARA invites interested persons to submit comments on this
proposed rule. Comments may be submitted by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: Submit comments by facsimile transmission to 301-837-
0319.
Mail: Send comments to Regulations Comments Desk (NPOL),
Room 4100, Policy and Planning Staff, National Archives and Records
Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
Hand Delivery or Courier: Deliver comments to 8601 Adelphi
Road, College Park, MD.
FOR FURTHER INFORMATION CONTACT: Nancy Allard at (301) 837-1477 or
Laura McCarthy at (301) 837-3023.
SUPPLEMENTARY INFORMATION: New Presidential libraries have
traditionally been built by private, nonprofit charitable foundations
that raise money from non-federal sources. State and local governments
and universities may help with construction by providing land, money,
and infrastructure improvements for the library. Upon completion of the
library, the land, facility, and equipment comprising the library are
either donated to the National Archives and Records Administration
(NARA) or made available for its use, usually in perpetuity.
The Archivist is authorized to accept new libraries, as well as
gifts that modify existing libraries, pursuant to 44 U.S.C. 2112. That
provision also requires the Archivist to promulgate architectural and
design standards for Presidential libraries and to ensure that an
endowment to defray a portion of the cost of building operations is
established by the donor of a new library and deposited in the National
Archives Trust Fund prior to the Archivist's acceptance of the library.
The endowment requirement applies to the library of any President
who took the oath of office as President for the first time on or after
January 20, 1985 (i.e., for the libraries of President George H.W. Bush
and all subsequent presidents). The amount of the endowment is based on
several factors specified in statute, including the size and cost of
the facility that is turned over to NARA. This regulation defines the
method to be used for calculating size and cost, as well as the
equipment covered by the endowment requirement. In connection with
determining the size of a Presidential library, NARA uses the Building
Owners and Managers Association (BOMA) Standard Method for Measuring
Floor Areas in Office Buildings, dated June 7, 1996, ANSI Z76.1-1996.
Before the Archivist can accept and take title to or enter into an
agreement to use land, a facility, and equipment as a Presidential
library, he must submit a written report on the proposed Presidential
archival depository to Congress. The report must include, among other
things, certification that the facility and equipment meet the
architectural and design standards for Presidential libraries as
promulgated by the Archivist, and information about the
[[Page 72320]]
cost of the library and the size of the endowment being provided.
We published a notice of proposed rulemaking on August 25, 1998 (63
FR 45203), for a 60-day comment period. No comments were received, but
NARA decided to defer completion of the rulemaking. This proposed rule,
rewritten in plain language format, replaces the previous proposal and
reflects statutory changes that have gone into effect since then.
This proposed rule is not a significant regulatory action for the
purposes of Executive Order 12866. As required by the Regulatory
Flexibility Act, it is hereby certified that this proposed rule will
not have a significant impact on small entities.
Paperwork Reduction Act
This proposed rule contains information collection activities which
are subject to review and approval by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995. These
information collection requirements, contained in Sec. Sec. 1281.16
and 1281.18 have been approved by OMB under the control number 3095-
0036 with a current expiration date of June 30, 2008.
List of Subjects in 36 CFR Part 1281
Archives and records, Federal buildings and facilities, Reporting
and recordkeeping.
For the reasons set forth in the preamble, NARA proposes to add a
new Part 1281 in Subchapter G of Chapter XII, Title 36, Code of Federal
Regulations, to read as follows:
PART 1281--PRESIDENTIAL LIBRARY FACILITIES
Sec.
1281.1 What is the scope of this part?
1281.2 What definitions apply to this part?
1281.4 What are the architectural and design standards for
Presidential libraries?
1281.6 What certifications must be provided to NARA?
1281.8 What information must be provided to NARA for its report to
Congress on a new Presidential library facility?
1281.10 When does a foundation consult with NARA before offering a
gift of a physical or material change, or addition to an existing
library?
1281.12 What information must be provided to NARA for its report to
Congress on a change or addition to a Presidential library facility?
1281.14 What type of endowment is required for a Presidential
library?
1281.16 What standard does NARA use for measuring building size?
1281.18 Publications incorporated by reference.
Authority: 44 U.S.C. 2104(a), 2112.
Sec. 1281.1 What is the scope of this part?
(a) This part implements provisions of the Presidential Libraries
Act, codified at 44 U.S.C. 2112(a) and (g).
(1) The Act requires the Archivist of the United States to
promulgate architectural and design standards for new and existing
Presidential libraries in order to ensure that such depositories:
(i) Preserve Presidential records subject to Chapter 22 of this
title and papers and other historical materials accepted for deposit
under section 2111 of this title; and
(ii) Contain adequate research facilities.
(2) In addition the Archivist must submit a written report to the
Congress before accepting new libraries or certain proposed physical or
material changes or additions to an existing library; and to ensure,
for existing libraries subject to the mandatory endowment requirement,
that the endowment specified by 44 U.S.C. 2112(g) has been transferred
to the National Archives Trust Fund before acceptance by the Archivist.
(b) This part applies to design and construction of new libraries
that are offered to NARA on or after the effective date of this
regulation and to material changes or additions to new and existing
libraries funded wholly by gift on or after that date.
Sec. 1281.2 What definitions apply to this part?
The following definitions apply to this part:
Architectural and design standards. This term refers to the
document cited in Sec. 1281.4.
Archival functions. The term means arranging, describing,
reviewing, preserving, reproducing, restoring, exhibiting, and making
available Presidential and other records and historical materials in
the care and custody of the Presidential libraries, and includes the
salaries and expenses of NARA personnel performing those functions.
BOMA standard. This term refers to the Building Owners and Managers
Association (BOMA) Standard Method for Measuring Floor Areas in Office
Buildings, dated June 7, 1996, and also listed as ANSI Z65.1-1996, that
has been adopted by NARA as the standard for measuring the size of the
facility and the value for calculating the endowment.
Endowment library. This term means a Presidential library that is
subject to the endowment requirements of 44 U.S.C. 2112(g). The term
includes the existing libraries of presidents who took the oath of
office as President for the first time on or after January 20, 1985,
the proposed library of President George W. Bush, and the libraries of
presidents who take the oath of office as President for the first time
on or after July 1, 2002.
Equipment. As used in this part, the term means operating equipment
that must be furnished with the new library and included in the
calculation of the required endowment. Operating equipment is
fundamental to the operation of the library and is normally built into
the facility or permanently mounted to the structure.
Existing library. This term means a Presidential library that has
been accepted by the Archivist under 44 U.S.C. 2112(a) and established
as part of the system of Presidential libraries managed by NARA.
Facility operations. This term means those activities, including
administrative services, involved with maintaining, operating,
protecting, and improving a Presidential library.
Foundation. This term means a private organization organized under
state law to construct a new Presidential library. The term usually
refers to nonprofit charitable organizations that meet the requirements
of Section 501(c)(3) of the Internal Revenue Code (26 CFR 501(c)(3)).
The term specifically includes ``foundation'' and ``institute,'' as
those terms are used in 44 U.S.C. 2112(a)(1)(B).
Historical materials. The term ``historical materials'' has the
meaning set forth at 44 U.S.C. 2101.
New library. This term means a Presidential library for a President
who took the oath of office as President for the first time on or after
January 20, 1985, that has not been accepted by the Archivist under 44
U.S.C. 2112(a). Presidential libraries that have been accepted by the
Archivist and established as part of the system of Presidential
libraries that are managed by NARA are ``existing libraries.''
Physical or material change or addition. This term means any
addition of square footage, as defined by the BOMA Standard, or any
physical or material change to the existing structure of an existing
library that results in a significant increase in the cost of facility
operations.
Presidential library. This term means a Presidential archival
depository as defined in 44 U.S.C. 2101.
Presidential records. The term has the meaning set forth at 44
U.S.C. 2201.
Sec. 1281.4 What are the architectural and design standards for
Presidential libraries?
The Archivist is required by 44 U.S.C. 2112(a)(2) to promulgate
architectural and design standards for Presidential
[[Page 72321]]
libraries. The standards address the architectural, design, and
structural requirements of a new Presidential library and additions or
renovations, and they ensure that Presidential libraries are safe and
efficient to operate and provide adequate and secure research and
museum facilities. A copy of the standards is provided to the
foundation upon request and is available from the Office of
Presidential Libraries (NL), Room 2200, 8601 Adelphi Rd., College Park,
MD 20740-6001.
Sec. 1281.6 What certifications must be provided to NARA?
(a) The foundation must provide to NARA design and construction
certifications specified in the architectural and design standards.
(b) Any item that NARA finds is not in compliance with the
architectural and design standards must be corrected by the foundation
or, if not corrected by the foundation, will be corrected by NARA with
the foundation paying the full cost of taking necessary corrective
action.
Sec. 1281.8 What information must be provided to NARA for its report
to Congress on a new Presidential library facility?
(a) NARA must submit a report to Congress on a proposed new library
pursuant to 44 U.S.C. 2112(a)(3). The foundation that is building the
library must help NARA as necessary in compiling the information needed
for this report. If a State, political subdivision, university,
institution of higher learning, or institute participates in the
construction of the new library (e.g., by making land available for the
facility), that party is subject to the same requirement. Requested
information must be sent to the Office of Presidential Libraries (NL),
Room 2200, 8601 Adelphi Rd., College Park, MD 20740-6001 far enough in
advance of the anticipated date of transfer of the Library for NARA to
compile and submit the report so that it may lie before Congress for
the minimum time period specified in 44 U.S.C. 2112(a)(5). The normal
lead time for submitting the required information is at least six
months in advance of the anticipated date of transfer, but the
submission date is subject to negotiation between NARA and the
foundation in specific cases. The collection of information by NARA for
these purposes has been approved under the Paperwork Reduction Act by
the Office of Management and Budget with the control number 3095-0036.
(b) Paragraph (a)(3) of 44 U.S.C. 2112 lists the information that
NARA must include in its report to Congress. The foundation and NARA
will agree as part of the planning process for a new library on what
information the foundation will provide and when. The same requirement
applies to other entities involved in the construction of a new library
(e.g., a local government or university). Foundations will normally be
responsible, at a minimum, for providing the following information to
NARA:
(1) A description of the land, facility, and equipment offered as a
gift or to be made available without transfer of title, which must
include:
(i) The legal description of the land, including plat, and evidence
of clear title to the land upon which the library is constructed;
(ii) Site plan, floor plans, building sections and elevations,
artist's representation of building and grounds;
(iii) Description of building contents, including furniture,
equipment, and museum installations; and
(iv) Measurement of the facility in accordance with Sec. 1281.16;
(2) A statement specifying the estimated total cost of the library
and the amount of the endowment required pursuant to 44 U.S.C. 2112(g);
(3) An offer or other statement setting forth the terms of the
proposed agreement for transfer or use of the facility, if any;
(4) Copies of any proposed agreements between the state, other
political subdivision, the donating group, other institutions, and the
United States which may affect ownership or operation of the library
facility;
(5) A statement of and copies of any proposed agreements concerning
the proposed support of library programs by non-federal sources; and
(6) A statement on cost-saving design features of the building.
(7) A written certification that the library and the equipment
therein will comply with NARA standards.
Sec. 1281.10 When does a foundation consult with NARA before offering
a gift of a physical or material change, or addition to an existing
library?
A foundation must consult with the Office of Presidential Libraries
before beginning the process of offering a gift for the purpose of
making a physical or material change or addition to a new or existing
library. NARA will furnish the interested foundation the current
architectural and design standards as specified in Sec. 1281.4. Others
may request a single copy by writing the Office of Presidential
Libraries (NL), Room 2200, 8601 Adelphi Road, College Park, Maryland
20740-6001.
Sec. 1281.12 What information must be provided to NARA for its report
to Congress on a change or addition to a Presidential library facility?
(a) NARA must submit a report to Congress on a proposed physical or
material change or addition to an existing library that is being funded
wholly by gift. The foundation or other party offering the gift to NARA
must help NARA as necessary in compiling the information needed for the
report. Required information must be sent to the Office of Presidential
Libraries (NL), Room 2200, 8601 Adelphi Rd., College Park, MD 20740-
6001, far enough in advance of the Archivist's acceptance of the gift
for NARA to compile and submit the report to Congress in accordance
with 44 U.S.C. 2112(a)(5). The normal lead time for submitting the
required information on physical or material changes or additions is at
least nine (9) months in advance of the anticipated date that work will
begin on the physical or material change or addition to the library.
The collection of information contained in this section has been
approved under the Paperwork Reduction Act by the Office of Management
and Budget with the control number 3095-0036.
(b) Paragraph (a)(4) of 44 U.S.C. 2112 lists the information that
NARA must include in its report to Congress. The donor and NARA will
agree as part of the planning process what information the donor will
provide and when, but donors will normally be responsible, at a
minimum, for providing the following information to NARA:
(1) A description of the gift, which must include as appropriate:
(i) The legal description of the land, including plat;
(ii) Site plan, floor plans, building sections and elevations,
artist's representation of building and grounds as they will be
affected by the gift;
(iii) Description of building contents that are part of the gift,
including furniture, equipment, and museum installations;
(iv) For endowment libraries, a measurement of the addition or
change to the facility in accordance with Sec. 1281.14; and
(v) A review of all critical spaces where NARA holdings will be
stored, used, or exhibited, including information on life-safety,
environmental, holdings storage, and other systems against NARA
standards.
(2) A statement of the estimated total cost of the proposed
physical or material change or addition to the library, and, for
endowment libraries, an estimate of the amount of the additional
[[Page 72322]]
endowment required pursuant to 44 U.S.C. 2112(g).
(3) A statement of the purpose of the proposed change or addition.
(4) A written certification that the library and the equipment
therein will comply with NARA standards after the change or addition is
made.
Sec. 1281.14 What type of endowment is required for a Presidential
library?
(a) Endowment requirement--new libraries. The foundation or
organization that is offering NARA a new Presidential library must
establish an endowment for the library, by gift or bequest, in the
National Archives Trust Fund before the Archivist may accept the
transfer of the library. The purpose of the endowment is to help NARA
defray the cost of facility operations. The endowment requirement for
the prospective new library of President George W. Bush is set forth in
paragraphs 2 and 3 of 44 U.S.C. 2112(g). The endowment requirements for
the new libraries of presidents taking the oath of office from the
first time on or after July 1, 2002, are set forth in paragraphs 2, 3,
and 5 of 44 U.S.C. 2112(g).
(b) Endowment requirement--change or addition to an endowment
library. For a proposed physical or material change or addition to an
endowment library that is being funded wholly by gift, the foundation
or other organization that is offering the gift must agree, as a
condition of the gift, to transfer monies by gift or bequest to the
library's existing endowment in the National Archives Trust Fund in an
amount sufficient to satisfy the requirements of paragraphs 2, 3, and 5
of 44 U.S.C. 2112(g). The Archivist must determine that the additional
endowment monies have been transferred to the Trust Fund before he
accepts the gift of the physical or material change or addition.
(c) Use of endowment income. The income from a library's endowment
is available to cover the cost of facility operations, but is not
available for the performance of archival functions.
(d) Calculating a library's endowment. The formulas for calculating
the required endowment are set forth in 44 U.S.C. 2112(g)(3)-(5).
(e) Equipment costs that must be included in the endowment
calculation. The cost of all operating equipment provided with a new
library must be included in the endowment calculation pursuant to 44
U.S.C. 2112(g)(3). The Archivist will provide in the architectural and
design standards, a list of equipment guidelines, recommendations, and
minimum requirements for a foundation's use in designing and building a
new library. The list is not exhaustive and requirements may change
with evolving technology, program requirements, and the final library
design.
(f) Formula for a shared use library building. For endowment
purposes, the construction cost of a shared use library building
containing both NARA and Foundation-controlled areas will be determined
using the following formula: The percentage of the usable square
footage of the NARA-controlled areas to the usable square footage of
the entire building multiplied by the cost of the entire building. That
figure is then used in calculating a library's endowment as specified
by subsection (d) of this section and 44 U.S.C. 2112(g)(3)-(5).
Sec. 1281.16 What standard does NARA use for measuring building size?
For purposes of 44 U.S.C. 2112(g)(3) and (4), and this part, NARA
has adopted the BOMA Standard Method for Measuring Floor Areas in
Office Buildings (ANSI Z65.1-1996) as the standard for measuring the
size of the facility and the value for calculating the endowment. The
architectural and design standards contain the description of the area
to be measured as to obtain the useable square footage and the
exclusions to the measurement.
Sec. 1281.18 Publications incorporated by reference.
The Building Owners and Managers Association (BOMA) Standard Method
for Measuring Floor Areas in Office Buildings, ANSI Z65.1-1996, dated
June 7, 1996, is hereby incorporated by reference in this part. The
standard cited in this paragraph is available from the American
National Standards Institute, (ANSI), Inc., 11 West 42nd Street, New
York, NY 10036. It is also available for inspection at the Office of
the Federal Register, 800 North Capitol Street, NW., Suite 700,
Washington, DC. This incorporation by reference will be submitted for
approval by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated by
reference as they exist on the date of approval and a notice of any
change in these materials will be published in the Federal Register.
Dated: December 14, 2007.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E7-24746 Filed 12-19-07; 8:45 am]
BILLING CODE 7515-01-P