T. 8-10-94

DJ 202-PL-819
                                               AUG 30 1994

State of Missouri
Department of Natural Resources
Division of State Parks
P.O. Box 176
Jefferson City, Missouri 65102-0176

Dear Mr. Miles:

        This is in response to your letter regarding the application
of the Americans with Disabilities Act (ADA) in the context of
the preservation of historic buildings.

        The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act. Pursuant to that authority,
this letter provides informal guidance to assist you in
understanding the ADA. However, this technical assistance does
not constitute a legal interpretation of the statute and it is
not binding on the Department.

        Your letter indicates that the Missouri Department of
Natural Resources Historic Preservation Program is developing a
method for addressing accessibility requirements in historic
buildings. As you are aware, title III of the ADA does apply to
qualified historic buildings that constitute places of public
accommodation or commercial facilities. Section 4.1.7 of the ADA
Standards for Accessible Design (Standards), 28 C.F.R. part 36,
Appendix A, specifically addresses alterations to historic
buildings. The ADA Standards, which were adopted as a final rule
on July 26, 1991, are based on the ADA Accessibility Guidelines
(ADAAG) initially published by the U.S. Architectural and
Transportation Barriers Compliance Board.

        Section 4.1.7(1) of the ADA Standards provides that, when an
alteration is made to a qualified historic building, the
alteration must fully comply with the requirements of the ADA
Standards. Only in special circumstances may an alteration to a
historic building be done according to a less accessible
standard. Such special circumstances may be found to exist only
if, upon completion of the applicable process outlined in section
4.1.7(2), the State Historic Preservation Officer finds that full

cc: Records, Chrono, Wodatch, Blizard, Hill, FOIA, Friedlander
    n:\udd\hille\policylt\miles2.ltr

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compliance with the ADA Standards would threaten or destroy the
historic significance of the building. Only if such a finding is
made may the alternative requirements of section 4.1.7(3) be
used. See also 28 C.F.R. S36.405.

        Your letter also raises the application of the ADA to
historic buildings temporarily owned by the State of Missouri
through its Historic Preservation Revolving Fund program, when no
programs are being offered in those facilities.

        Title II of the ADA addresses the services, programs, and
activities of State and local governmental entities and
instrumentalities. For existing buildings, to which no
alterations are being made, title II requires that programs,
services, and activities be operated so that, when viewed in
their entirety, they are accessible. This standard of program
accessibility does not necessarily require a public entity to
alter its existing facilities if program accessibility can be
achieved through other means. 28 C.F.R. S35.150. If the State
of Missouri does not operate any program, service, or activity in
the historic buildings it owns, title II may not require any
changes to those buildings.

        If, however, the State undertakes an alteration to a
qualified historic building, title II may require that, to the
maximum extent feasible, the altered portion of the building
comply with either section 4.1.7 of the Uniform Federal
Accessibility Standards (UFAS), 41 C.F.R. part 101, or section
4.1.7 of the ADA Standards.

        For your further information, I am enclosing copies of the
regulations implementing titles II and III of the ADA. I hope
that this information is helpful to you and that this letter
fully responds to your inquiry.

                                                Sincerely,

                                             John L. Wodatch
                                                  Chief
                                          Public Access Section

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