March 27, 2025
Mr. Magaziner introduced the following bill; which was referred to the Committee on Ways and Means
To direct the Secretary of Interior to submit to Congress a report on the National Park Service’s interpretation and application of the Standards for Rehabilitation for use of the Federal Historic Preservation Tax Incentives program.
Section 1. Report
(a) In general
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report on the Service’s interpretation and application of the Secretary’s Standards for Rehabilitation pertaining to use of the Program to—
(1)
the Committee on Natural Resources of the House of Representatives; and
(2)
the Committee on Energy and Natural Resources of the Senate.
(b) Contents
The report required under subsection (a) shall include the following:
(1)
Data on the processing of Program Applications during the 10 years immediately before the date of the enactment of this Act, including—
(A)
the average time a Program Application is in the system, from the date it is submitted to the State Historic Preservation Office by the applicant until it is approved or denied by the Service, presented by project size, type, and parts 1, 2, and 3 of the Program Application; and
(B)
the annual average number of—
(i)
hold notices annually;
(ii)
conditions placed on the approval under part 2 of the Program Application;
(iii)
denied applications;
(iv)
projects approved under part 2 of the Program Application; and
(v)
Program Applications withdrawn.
(2)
A description of the following:
(A)
Areas of improvement to and recommendations for the Standards to remove barriers to the development of affordable housing while safeguarding Federal historic preservation.
(B)
Opportunities for the Secretary to update or provide additional guidance to facilitate—
(i)
the conversion of nonresidential buildings into housing;
(ii)
the remediation of environmental, health, and safety hazards;
(iii)
inclusion of energy efficient upgrades and integration of sustainability features;
(iv)
access for persons with disabilities; and
(v)
removal of other barriers to use raised by users and beneficiaries of the Program.
(C)
The specific steps the Service has taken in the 10 years immediately before the date of the enactment of this Act to improve or clarify the interpretation of the Standards to support affordable housing development.
(D)
The most frequent issues that Program users, State reviewers, and other stakeholders raise when developing affordable housing projects and the steps the Service has taken to address those issues, including details of the process of the Service for soliciting, collecting, and incorporating feedback on the Service interpretation of the Standards.
(E)
The process that the Service uses to decide when to update guidance, including guidelines, preservation briefs, bulletins regarding interpretation of the Standards, and tax-incentive guidance, for implementing the Standards and whether resource limitations are affecting the ability of the Service to update such guidance.
(3)
Recommendations of the Secretary regarding updates and improvements that can be made to the Standards and the implementation by the Service of the Standards and accompanying guidelines to—
(A)
make the Program more compatible with affordable housing needs;
(B)
ensure historic properties are protected from climate risk; and
(C)
take into consideration economic and technical feasibility.
(c) Definitions
In this section:
(1) Program
The term Program means the Federal Historic Preservation Tax Incentives program.
(2) Program Application
The term Program Application means the Historic Preservation Certification Application.
(3) Secretary
The term Secretary means the Secretary of the Interior.
(4) Service
The term Service means the National Park Service.
(5) Standards
The term Standards means the Department of the Interior’s Standards for Rehabilitation for the Federal Historic Preservation Tax Incentives program under part 67 of title 36, Code of Federal Regulations.