[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-8.311]



[Page 58-59]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-8_NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL 

ASSISTANCE--Table of Contents

 

   Subpart 101-8.3_Discrimination Prohibited on the Basis of Handicap

 

Sec. 101-8.311  Historic Preservation Programs.



    (a) Definitions. For purposes of this section:

    (1) Historic Preservation Programs are those that receive Federal 

financial assistance that has preservation of historic properties as a 

primary purpose.

    (2) Historic properties means those properties that are listed or 

eligible for listing in the National Register of Historic Places.

    (3) Substantial impairment means a permanent alteration that results 

in a significant loss of the integrity of finished materials, design 

quality or special character.

    (b) Obligation--(1)  Accessibility. A recipient shall operate any 

program or activity involving Historic Preservation Programs so that 

when each part is viewed in its entirety it is readily accessible to and 

usable by handicapped persons.



This paragraph does not necessarily require a recipient to make each of 

its existing historic properties or every part of an historic property 

accessible to and usable by handicapped persons. Methods of achieving 

accessibility include:

    (i) Making physical alterations which enable handicapped persons to 

have access to otherwise inaccessible areas or features of historic 

properties;

    (ii) Using audio-visual materials and devices to depict otherwise 

inaccessible areas or features of historic properties;

    (iii) Assigning persons to guide handicapped persons into or through 

otherwise inaccessible portions of historic properties;

    (iv) Adopting other innovative methods to achieve accessibility.



Because the primary benefit of an Historic Preservation Program is the 

experience of the historic property itself, in taking steps to achieve 

accessibility, recipients shall give priority to those means which make 

the historic property, or portions thereof, physically accessible to 

handicapped individuals.

    (2) Waiver of accessibility standards. Where accessibility cannot be 

achieved without causing a substantial impairment of significant 

historic features, the Administrator may grant a waiver of the 

accessibility requirement. In determining whether accessibility can be 

achieved without causing a substantial impairment, the Administrator 

shall consider the following factors:

    (i) Scale of property, reflecting its ability to absorb alterations;

    (ii) Use of the property, whether primarily for public or private 

purpose;

    (iii) Importance of the historic features of the property to the 

conduct of the program or activity; and

    (iv) Cost of alterations in comparison to the increase in 

accessibility.



The Administrator shall periodically review any waiver granted under 

this section and may withdraw it if technological advances or other 

changes so warrant.

    (c) Advisory Council comments. Where the property is federally owned 

or where Federal funds may be used for



[[Page 59]]



alterations, the comments of the Advisory Council on Historic 

Preservation shall be obtained when required by section 106 of the 

National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), 

and 36 CFR part 800, prior to effectuation of structural alterations.



[47 FR 25337, June 11, 1982, as amended at 68 FR 51374, Aug. 26, 2003]