National Register of Historic Places = Federal Program Regulations




	National Register = Federal=20 Program Regulations Title 36--PARKS, FORESTS, AND PUBLIC = PROPERTY=20 Chapter I--NATIONAL PARK SERVICE, DEPT. OF THE = INTERIOR=20 Part 60--NATIONAL REGISTER OF HISTORIC PLACES=20 Revised as of July 1, 2004 [CITE: = 36CFR60] Sec. 60.1=20 Authorization and expansion of the National = Register. 60.2=20 Effects of listing under Federal law. 60.3=20 Definitions. 60.4=20 Criteria for evaluation. 60.5=20 Nomination forms and information collection. 60.6=20 Nominations by the State Historic Preservation Officer = under=20 approved State Historic Preservation = programs. 60.7-60.8=20 [Reserved] 60.9=20 Nominations by Federal agencies. 60.10=20 Concurrent State and Federal nominations. 60.11=20 Requests for nominations. 60.12=20 Nomination appeals. 60.13=20 Publication in the Federal Register and other NPS=20 notification. 60.14=20 Changes and revisions to properties listed in the = National=20 Register. 60.15=20 Removing properties from the National Register. Authority: National Historic Preservation Act of = 1966, as=20 amended, 16 U.S.C. 470 et seq., and E.O. 11593. Source: 46 FR 56187, Nov. 16, 1981, unless = otherwise noted.=20 Sec. 60.1 Authorization and expansion of = the=20 National Register. (a) The National Historic Preservation Act of 1966, = 80=20 Stat. 915, 16 U.S.C. 470 et seq., as amended, = authorizes the=20 Secretary of the Interior to expand and maintain a = National=20 Register of districts, sites, buildings, structures, = and=20 objects significant in American history, architecture, = archeology, engineering and culture. The regulations = herein=20 set forth the procedural requirements for listing = properties=20 on the National Register. (b) Properties are added to the National Register = through=20 the following processes. (1) Those Acts of Congress and Executive orders = which=20 create historic areas of the National Park System=20 administered by the National Park Service, all or = portions=20 of which may be determined to be of historic = significance=20 consistent with the intent of Congress; (2) = Properties=20 declared by the Secretary of the Interior to be of = national=20 significance and designated as National Historic=20 Landmarks; (3) Nominations prepared under = approved State=20 Historic Preservation Programs, submitted by the = State=20 Historic Preservation Officer and approved by the=20 NPS; (4) Nominations from any person or local = government=20 (only if such property is located in a State with no = approved State Historic Preservation Program) = approved by=20 the NPS and; (5) Nominations of Federal = properties=20 prepared by Federal agencies, submitted by the = Federal=20 Preservation Officer and approved by = NPS. Sec. 60.2 Effects of listing under Federal = law. The National Register is an authoritative guide to = be used=20 by Federal, State, and local governments, private = groups and=20 citizens to identify the Nation's cultural resources = and to=20 indicate what properties should be considered for = protection=20 from destruction or impairment. Listing of private = property on=20 the National Register does not prohibit under Federal = law or=20 regulation any actions which may otherwise be taken by = the=20 property owner with respect to the property. (a) The National Register was designed to be and is = administered as a planning tool. Federal agencies = undertaking=20 a project having an effect on a listed or eligible = property=20 must provide the Advisory Council on Historic = Preservation a=20 reasonable opportunity to comment pursuant to section = 106 of=20 the National Historic Preservation Act of 1966, as = amended.=20 The Council has adopted procedures concerning, inter = alia,=20 their commenting responsibility in 36 CFR part 800. = Having=20 complied with this procedural requirement the Federal = agency=20 may adopt any course of action it believes is = appropriate.=20 While the Advisory Council comments must be taken into = account=20 and integrated into the decisionmaking process, = program=20 decisions rest with the agency implementing the = undertaking.=20 (b) Listing in the National Register also makes = property=20 owners eligible to be considered for Federal = grants-in-aid for=20 historic preservation. (c) If a property is listed in the National = Register,=20 certain provisions of the Tax Reform Act of 1976 as = amended by=20 the Revenue Act of 1978 and the Tax Treatment = Extension Act of=20 1980 may apply. These provisions encourage the = preservation of=20 depreciable historic structures by allowing favorable = tax=20 treatments for rehabilitation, and discourage = destruction of=20 historic buildings by eliminating certain otherwise = available=20 Federal tax provisions both for demolition of historic = structures and for new construction on the site of = demolished=20 historic buildings. Owners of historic buildings may = benefit=20 from the investment tax credit provisions of the = Revenue Act=20 of 1978. The Economic Recovery Tax Act of 1981 = generally=20 replaces the rehabilitation tax incentives under these = laws=20 beginning January 1, 1982 with a 25% investment tax = credit for=20 rehabilitations of historic commercial, industrial and = residential buildings. This can be combined with a = 15-year=20 cost recovery period for the adjusted basis of the = historic=20 building. Historic buildings with certified = rehabilitations=20 receive additional tax savings by their exemption from = any=20 requirement to reduce the basis of the building by the = amount=20 of the credit. The denial of accelerated depreciation = for a=20 building built on the site of a demolished historic = building=20 is repealed effective January 1, 1982. The Tax = Treatment=20 Extension Act of 1980 includes provisions regarding = charitable=20 contributions for conservation purposes of partial = interests=20 in historically important land areas or structures. = (d) If a property contains surface coal resources = and is=20 listed in the National Register, certain provisions of = the=20 Surface Mining and Control Act of 1977 require = consideration=20 of a property's historic values in the determination = on=20 issuance of a surface coal mining permit. = Sec.=20 60.3 Definitions. (a) Building. A building is a structure created to = shelter=20 any form of human activity, such as a house, barn, = church,=20 hotel, or similar structure. Building may refer to a=20 historically related complex such as a courthouse and = jail or=20 a house and barn. Examples Molly Brown House (Denver, CO) Meek Mansion = and=20 Carriage House (Hayward, CA) Huron County = Courthouse and=20 Jail (Norwalk, OH) Fairntosh Plantation (Durham=20 vicinity, NC) (b) Chief elected local official. Chief elected = local=20 official means the mayor, county judge, county = executive or=20 otherwise titled chief elected administrative official = who is=20 the elected head of the local political jurisdiction = in which=20 the property is located. (c) Determination of eligibility. A determination = of=20 eligibility is a decision by the Department of the = Interior=20 that a district, site, building, structure or object = meets the=20 National Register criteria for evaluation although the = property is not formally listed in the National = Register. A=20 determination of eligibility does not make the = property=20 eligible for such benefits as grants, loans, or tax = incentives=20 that have listing on the National Register as a = prerequisite.=20 (d) District. A district is a geographically = definable=20 area, urban or rural, possessing a significant = concentration,=20 linkage, or continuity of sites, buildings, = structures, or=20 objects united by past events or aesthetically by plan = or=20 physical development. A district may also comprise = individual=20 elements separated geographically but linked by = association or=20 history. Examples Georgetown Historic District = (Washington, DC)=20 Martin Luther King Historic District (Atlanta, = GA)=20 Durango-Silverton Narrow-Gauge Railroad = (right-of-way=20 between Durango and Silverton, CO) (e) Federal Preservation Officer. The Federal = Preservation=20 Officer is the official designated by the head of each = Federal=20 agency responsible for coordinating that agency's = activities=20 under the National Historic Preservation Act of 1966, = as=20 amended, and Executive Order 11593 including = nominating=20 properties under that agency's ownership or control to = the=20 National Register. (f) Keeper of the National Register of Historic = Places. The=20 Keeper is the individual who has been delegated the = authority=20 by NPS to list properties and determine their = eligibility for=20 the National Register. The Keeper may further delegate = this=20 authority as he or she deems appropriate. (g) Multiple Resource Format submission. A Multiple = Resource Format submission for nominating properties = to the=20 National Register is one which includes all or a = defined=20 portion of the cultural resources identified in a = specified=20 geographical area. (h) National Park Service (NPS). The National Park = Service=20 is the bureau of the Department of Interior to which = the=20 Secretary of Interior has delegated the authority and=20 responsibility for administering the National Register = program. (i) National=20 Register Nomination Form. National Register = Nomination=20 Form means (1) National Register Nomination Form NPS = 10-900,=20 with accompanying continuation sheets (where = necessary) Form=20 NPS 10-900a, maps and photographs or (2) for Federal=20 nominations, Form No. 10-306, with continuation sheets = (where=20 necessary) Form No. 10-300A, maps and photographs. = Such=20 nomination forms must be "adequately documented" and=20 "technically and professionally correct and = sufficient." To=20 meet these requirements the forms and accompanying = maps and=20 photographs must be completed in accord with = requirements and=20 guidance in the NPS publication, "Ho= w=20 to Complete National Register Forms" and other NPS = technical publications on this subject. Descriptions = and=20 statements of significance must be prepared in accord = with=20 standards generally accepted by academic historians,=20 architectural historians and archeologists. The = nomination=20 form is a legal document and reference for historical, = architectural, and archeological data upon which the=20 protections for listed and eligible properties are = founded.=20 The nominating authority certifies that the nomination = is=20 adequately documented and technically and = professionally=20 correct and sufficient upon nomination. (j) Object. An object is a material thing of = functional,=20 aesthetic, cultural, historical or scientific value = that may=20 be, by nature or design, movable yet related to a = specific=20 setting or environment. Examples Delta Queen Steamboat (Cincinnati, = OH)=20 Adams Memorial (Rock Creek Cemetery, Washington, = DC)=20 Sumpter Valley Gold Dredge (Sumpter, OR) = (k) Owner or owners. The term owner or owners means = those=20 individuals, partnerships, corporations or public = agencies=20 holding fee simple title to property. Owner or owners = does not=20 include individuals, partnerships, corporations or = public=20 agencies holding easements or less than fee interests=20 (including leaseholds) of any nature. (l) Site. A site is the location of a significant = event, a=20 prehistoric or historic occupation or activity, or a = building=20 or structure, whether standing, ruined, or vanished, = where the=20 location itself maintains historical or archeological = value=20 regardless of the value of any existing structure. = Examples Cabin Creek Battlefield (Pensacola = vicinity,=20 OK) Mound Cemetery Mound (Chester vicinity, OH) = Mud=20 Springs Pony Express Station Site (Dalton vicinity, = NE)=20 (m) State Historic Preservation Officer. The State = Historic=20 Preservation Officer is the person who has been = designated by=20 the Governor or chief executive or by State statute in = each=20 State to administer the State Historic Preservation = Program,=20 including identifying and nominating eligible = properties to=20 the National Register and otherwise administering = applications=20 for listing historic properties in the National = Register. (n) State Historic Preservation Program. The State = Historic=20 Preservation Program is the program established by = each State=20 and approved by the Secretary of Interior for the = purpose of=20 carrying out the provisions of the National Historic=20 Preservation Act of 1966, as amended, and related laws = and=20 regulations. Such program shall be approved by the = Secretary=20 before the State may nominate properties to the = National=20 Register. Any State Historic Preservation Program in = effect=20 under prior authority of law before December 12, 1980, = shall=20 be treated as an approved program until the Secretary = approves=20 a program submitted by the State for purposes of the=20 Amendments or December 12, 1983, unless the Secretary = chooses=20 to rescind such approval because of program = deficiencies. (o) State Review Board. The State Review Board is a = body=20 whose members represent the professional fields of = American=20 history, architectural history, historic architecture, = prehistoric and historic archeology, and other = professional=20 disciplines and may include citizen members. In States = with=20 approved State historic preservation programs the = State Review=20 Board reviews and approves National Register = nominations=20 concerning whether or not they meet the criteria for=20 evaluation prior to their submittal to the NPS. (p) Structure. A structure is a work made up of=20 interdependent and interrelated parts in a definite = pattern of=20 organization. Constructed by man, it is often an = engineering=20 project large in scale. Examples Swanton Covered Railroad Bridge = (Swanton=20 vicinity, VT) Old Point Loma Lighthouse (San = Diego, CA)=20 North Point Water Tower (Milwaukee, WI) = Reber Radio=20 Telescope (Green Bay vicinity, WI) (q) Thematic Group Format submission. A Thematic = Group=20 Format submission for nominating properties to the = National=20 Register is one which includes a finite group of = resources=20 related to one another in a clearly distinguishable = way. They=20 may be related to a single historic person, event, or=20 developmental force; of one building type or use, or = designed=20 by a single architect; of a single archeological site = form, or=20 related to a particular set of archeological research=20 problems. (r) To nominate. To nominate is to propose that a = district,=20 site, building, structure, or object be listed in the = National=20 Register of Historic Places by preparing a nomination = form,=20 with accompanying maps and photographs which = adequately=20 document the property and are technically and = professionally=20 correct and sufficient. Sec. 60.4 Criteria for evaluation. The criteria applied to evaluate properties (other = than=20 areas of the National Park System and National = Historic=20 Landmarks) for the National Register are listed below. = These=20 criteria are worded in a manner to provide for a wide=20 diversity of resources. The following criteria shall = be used=20 in evaluating properties for nomination to the = National=20 Register, by NPS in reviewing nominations, and for = evaluating=20 National Register eligibility of properties. Guidance = in=20 applying the criteria is further discussed in the "How = To" publications,=20 Standards & Guidelines sheets and Keeper's = opinions of the=20 National Register. Such materials are available upon = request.=20 National Register criteria for evaluation. The = quality of=20 significance in American history, architecture, = archeology,=20 engineering, and culture is present in districts, = sites,=20 buildings, structures, and objects that possess = integrity of=20 location, design, setting, materials, workmanship, = feeling,=20 and association and (a) that are associated with events that have made = a=20 significant contribution to the broad patterns of our = history;=20 or (b) that are associated with the lives of persons=20 significant in our past; or (c) that embody the distinctive characteristics of = a type,=20 period, or method of construction, or that represent = the work=20 of a master, or that possess high artistic values, or = that=20 represent a significant and distinguishable entity = whose=20 components may lack individual distinction; or (d) that have yielded, or may be likely to yield,=20 information important in prehistory or history. Criteria considerations. Ordinarily cemeteries,=20 birthplaces, or graves of historical figures, = properties owned=20 by religious institutions or used for religious = purposes,=20 structures that have been moved from their original = locations,=20 reconstructed historic buildings, properties primarily = commemorative in nature, and properties that have = achieved=20 significance within the past 50 years shall not be = considered=20 eligible for the National Register. However, such = properties=20 will qualify if they are integral parts of districts = that do=20 meet the criteria of if they fall within the following = categories: (a) A religious property deriving primary = significance from=20 architectural or artistic distinction or historical=20 importance; or (b) A building or structure removed from its = original=20 location but which is significant primarily for = architectural=20 value, or which is the surviving structure most = importantly=20 associated with a historic person or event; or (c) A birthplace or grave of a historical figure of = outstanding importance if there is no appropriate site = or=20 building directly associated with his productive life. = (d) A cemetery which derives its primary = significance from=20 graves of persons of transcendent importance, from = age, from=20 distinctive design features, or from association with = historic=20 events; or (e) A reconstructed building when accurately = executed in a=20 suitable environment and presented in a dignified = manner as=20 part of a restoration master plan, and when no other = building=20 or structure with the same association has survived; = or (f) A property primarily commemorative in intent if = design,=20 age, tradition, or symbolic value has invested it with = its own=20 exceptional significance; or (g) A property achieving significance within the = past 50=20 years if it is of exceptional importance. This = exception is=20 described further in NPS "How To'' 2, entitled "How=20 to Evaluate and Nominate Potential National Register=20 Properties That Have Achieved Significance Within the = Last 50=20 Years'' which is available from the National = Register of=20 Historic Places Division, National Park Service, = United States=20 Department of the Interior, Washington, D.C. 20240.=20 Sec. 60.5 Nomination forms and = information=20 collection. (a) All nominations to the National Register are to = be made=20 on standard National Register forms. These forms are = provided=20 upon request to the State Historic Preservation = Officer,=20 participating Federal agencies and others by the NPS. = For=20 archival reasons, no other forms, photocopied or = otherwise,=20 will be accepted. (b) The information collection requirements = contained in=20 this part have been approved by the Office of = Management and=20 Budget under 44 U.S.C. 3507 and assigned clearance = number=20 1024-0018. The information is being collected as part = of the=20 nomination of properties to the National Register. = This=20 information will be used to evaluate the eligibility = of=20 properties for inclusion in the National Register = under=20 established criteria. The obligation to respond is = required to=20 obtain a benefit. Sec. 60.6 Nominations = by the=20 State Historic Preservation Officer under approved = State=20 Historic Preservation programs. (a) The State Historic Preservation Officer is = responsible=20 for identifying and nominating eligible properties to = the=20 National Register. Nomination forms are prepared under = the=20 supervision of the State Historic Preservation = Officer. The=20 State Historic Preservation Officer establishes = statewide=20 priorities for preparation and submittal of = nominations for=20 all properties meeting National Register criteria for=20 evaluation within the State. All nominations from the = State=20 shall be submitted in accord with the State = priorities, which=20 shall be consistent with an approved State historic=20 preservation plan. (b) The State shall consult with local authorities = in the=20 nomination process. The State provides notice of the = intent to=20 nominate a property and solicits written comments = especially=20 on the significance of the property and whether or not = it=20 meets the National Register criteria for evaluation. = The State=20 notice also gives owners of private property an = opportunity to=20 concur in or object to listing. The notice is carried = out as=20 specified in the subsections below. (c) As part of the nomination process, each State = is=20 required to notify in writing the property owner(s), = except as=20 specified in paragraph (d) of this section, of the = State's=20 intent to bring the nomination before the State Review = Board.=20 The list of owners shall be obtained from either = official land=20 recordation records or tax records, whichever is more=20 appropriate, within 90 days prior to the notification = of=20 intent to nominate. If in any State the land = recordation or=20 tax records is not the most appropriate list from = which to=20 obtain owners that State shall notify the Keeper in = writing=20 and request approval that an alternative source of = owners may=20 be used. The State is responsible for notifying only those = owners=20 whose names appear on the list consulted. Where there = is more=20 than one owner on the list, each separate owner shall = be=20 notified. The State shall send the written = notification at=20 least 30 but not more than 75 days before the State = Review=20 Board meeting. Required notices may vary in some = details of=20 wording as the States prefer, but the content of = notices must=20 be approved by the National Register. The notice shall = give=20 the owner(s) at least 30 but not more than 75 days to = submit=20 written comments and concur in or object in writing to = the=20 nomination of such property. At least 30 but not more = than 75=20 days before the State Review Board meeting, the States = are=20 also required to notify by the above mentioned = National=20 Register approved notice the applicable chief elected = official=20 of the county (or equivalent governmental unit) and = municipal=20 political jurisdiction in which the property is = located. The=20 National Register nomination shall be on file with the = State=20 Historic Preservation Program during the comment = period and a=20 copy made available by mail when requested by the = public, or=20 made available at a location of reasonable access to = all=20 affected property owners, such as a local library = courthouse,=20 or other public place, prior to the State Review Board = meeting=20 so that written comments regarding the nomination can = be=20 prepared. (d) For a nomination with more than 50 property = owners,=20 each State is required to notify in writing at least = 30 but=20 not more than 75 days in advance of the State Review = Board=20 meeting the chief elected local officials of the = county (or=20 equivalent governmental unit) and municipal political=20 jurisdiction in which the property or district is = located. The=20 State shall provide general notice to property owners=20 concerning the State's intent to nominate. The general = notice=20 shall be published at least 30 days but not more than = 75 days=20 before the State Review Board meeting and provide an=20 opportunity for the submission of written comments and = provide=20 the owners of private property or a majority of such = owners=20 for districts an opportunity to concur in or object in = writing=20 to the nomination. Such general notice must be = published in=20 one or more local newspapers of general circulation in = the=20 area of the nomination. The content of the notices = shall be=20 approved by the National Register. If such general = notice is=20 used to notify the property owners for a nomination = containing=20 more than 50 owners, it is suggested that a public = information=20 meeting be held in the immediate area prior to the = State=20 Review Board meeting. If the State wishes to = individually=20 notify all property owners, it may do so, pursuant to=20 procedures specified in subsection 60.6(c),=20 in which case, the State need not publish a general = notice.=20 (e) For Multiple Resource and Thematic Group Format = submission, each district, site, building, structure = and=20 object included in the submission is treated as a = separate=20 nomination for the purpose of notification and to = provide=20 owners of private property the opportunity to concur = in or=20 object in writing to the nomination in accord with = this=20 section. (f) The commenting period following notifications = can be=20 waived only when all property owners and the chief = elected=20 local official have advised the State in writing that = they=20 agree to the waiver. (g) Upon notification, any owner or owners of a = private=20 property who wish to object shall submit to the State = Historic=20 Preservation Officer a notarized statement certifying = that the=20 party is the sole or partial owner of the private = property, as=20 appropriate, and objects to the listing. In = nominations with=20 multiple ownership of a single private property or of=20 districts, the property will not be listed if a = majority of=20 the owners object to listing. Upon receipt of = notarized=20 objections respecting a district or single private = property=20 with multiple owners, it is the responsibility of the = State=20 Historic Preservation Officer to ascertain whether a = majority=20 of owners of private property have objected. If an = owner whose=20 name did not appear on the list certifies in a written = notarized statement that the party is the sole or = partial=20 owner of a nominated private property such owner shall = be=20 counted by the State Historic Preservation Officer in=20 determining whether a majority of owners has objected. = Each=20 owner of private property in a district has one vote=20 regardless of how many properties or what part of one = property=20 that party owns and regardless of whether the property = contributes to the significance of the district. (h) If a property has been submitted to and = approved by the=20 State Review Board for inclusion in the National = Register=20 prior to the effective date of this section, the State = Historic Preservation Officer need not resubmit the = property=20 to the State Review Board; but before submitting the=20 nomination to the NPS shall afford owners of private = property=20 the opportunity to concur in or object to the = property's=20 inclusion in the Register pursuant to applicable = notification=20 procedures described above. (i) [Reserved] (j) Completed nomination forms or the documentation = proposed for submission on the nomination forms and = comments=20 concerning the significance of a property and its = eligibility=20 for the National Register are submitted to the State = Review=20 Board. The State Review Board shall review the = nomination=20 forms or documentation proposed for submission on the=20 nomination forms and any comments concerning the = property's=20 significance and eligibility for the National = Register. The=20 State Review Board shall determine whether or not the = property=20 meets the National Register criteria for evaluation = and make a=20 recommendation to the State Historic Preservation = Officer to=20 approve or disapprove the nomination. (k) Nominations approved by the State Review Board = and=20 comments received are then reviewed by the State = Historic=20 Preservation Officer and if he or she finds the = nominations to=20 be adequately documented and technically, = professionally, and=20 procedurally correct and sufficient and in conformance = with=20 National Register criteria for evaluation, the = nominations are=20 submitted to the Keeper of the National Register of = Historic=20 Places, National Park Service, United States = Department of the=20 Interior, Washington, D.C. 20240. All comments = received by a=20 State and notarized statements of objection to listing = are=20 submitted with a nomination. (l) If the State Historic Preservation Officer and = the=20 State Review Board disagree on whether a property = meets the=20 National Register criteria for evaluation, the State = Historic=20 Preservation Officer, if he or she chooses, may submit = the=20 nomination with his or her opinion concerning whether = or not=20 the property meets the criteria for evaluation and the = opinion=20 of the State Review Board to the Keeper of the = National=20 Register for a final decision on the listing of the = property.=20 The opinion of the State Review Board may be the = minutes of=20 the Review Board meeting. The State Historic = Preservation=20 Officer shall submit such disputed nominations if so = requested=20 within 45 days of the State Review Board meeting by = the State=20 Review Board or the chief elected local official of = the local,=20 county or municipal political subdivision in which the = property is located but need not otherwise do so. Such = nominations will be substantively reviewed by the = Keeper. (m) The State Historic Preservation Officer shall = also=20 submit to the Keeper nominations if so requested under = the=20 appeals process in Sec. 60.12.=20 (n) If the owner of a private property or the = majority of=20 such owners for a district or single property with = multiple=20 owners have objected to the nomination prior to the = submittal=20 of a nomination, the State Historic Preservation = Officer shall=20 submit the nomination to the Keeper only for a = determination=20 of eligibility pursuant to subsection (s) of this = section.=20 (o) The State Historic Preservation Officer signs = block 12=20 of the nomination form if in his or her opinion the = property=20 meets the National Register criteria for evaluation. = The State=20 Historic Preservation Officer's signature in block 12=20 certifies that: (1) All procedural requirements have been met; = (2)=20 The nomination form is adequately documented; = (3) The=20 nomination form is technically and professionally = correct=20 and sufficient; (4) In the opinion of the State = Historic=20 Preservation Officer, the property meets the = National=20 Register criteria for evaluation. (p) When a State Historic Preservation Officer = submits a=20 nomination form for a property that he or she does not = believe=20 meets the National Register criteria for evaluation, = the State=20 Historic Preservation Officer signs a continuation = sheet Form=20 NPS 10-900a explaining his/her opinions on the = eligibility of=20 the property and certifying that: (1) All procedural requirements have been met; = (2)=20 The nomination form is adequately documented; = (3) The=20 nomination form is technically and professionally = correct=20 and sufficient. (q) Notice will be provided in the Federal Register = that=20 the nominated property is being considered for listing = in the=20 National Register of Historic Places as specified in = Sec. 60.13.=20 (r) Nominations will be included in the National = Register=20 within 45 days of receipt by the Keeper or designee = unless the=20 Keeper disapproves a nomination, an appeal is filed, = or the=20 owner of private property (or the majority of such = owners for=20 a district or single property with multiple owners) = objects by=20 notarized statements received by the Keeper prior to = listing.=20 Nominations which are technically or professionally = inadequate=20 will be returned for correction and resubmission. When = a=20 property does not appear to meet the National Register = criteria for evaluation, the nomination will be = returned with=20 an explanation as to why the property does not meet = the=20 National Register criteria for evaluation. (s) If the owner of private property (or the = majority of=20 such owners for a district or single property with = multiple=20 owners) has objected to the nomination by notarized = statement=20 prior to listing, the Keeper shall review the = nomination and=20 make a determination of eligibility within 45 days of = receipt,=20 unless an appeal is filed. The Keeper shall list such=20 properties determined eligible in the National = Register upon=20 receipt of notarized statements from the owner(s) of = private=20 property that the owner(s) no longer object to = listing. (t) Any person or organization which supports or = opposes=20 the nomination of a property by a State Historic = Preservation=20 Officer may petition the Keeper during the nomination = process=20 either to accept or reject a nomination. The = petitioner must=20 state the grounds of the petition and request in = writing that=20 the Keeper substantively review the nomination. Such = petitions=20 received by the Keeper prior to the listing of a = property in=20 the National Register or a determination of its = eligibility=20 where the private owners object to listing will be = considered=20 by the Keeper and the nomination will be substantively = reviewed. (u) State Historic Preservation Officers are = required to=20 inform the property owners and the chief elected local = official when properties are listed in the National = Register.=20 In the case of a nomination where there are more than = 50=20 property owners, they may be notified of the entry in = the=20 National Register by the same general notice stated in = Sec. 60.6(d).=20 States which notify all property owners individually = of=20 entries in the National Register need not publish a = general=20 notice. (v) In the case of nominations where the owner of = private=20 property (or the majority of such owners for a = district or=20 single property with multiple owners) has objected and = the=20 Keeper has determined the nomination eligible for the = National=20 Register, the State Historic Preservation Officer = shall notify=20 the appropriate chief elected local official and the = owner(s)=20 of such property of this determination. The general = notice may=20 be used for properties with more than 50 owners as = described=20 in Sec. 60.6(d)=20 or the State Historic Preservation Officer may notify = the=20 owners individually. (w) If subsequent to nomination a State makes major = revisions to a nomination or renominates a property = rejected=20 by the Keeper, the State Historic Preservation Officer = shall=20 notify the affected property owner(s) and the chief = elected=20 local official of the revisions or renomination in the = same=20 manner as the original notification for the = nomination, but=20 need not resubmit the nomination to the State Review = Board.=20 Comments received and notarized statements of = objection must=20 be forwarded to the Keeper along with the revisions or = renomination. The State Historic Preservation Officer = also=20 certifies by the resubmittal that the affected = property=20 owner(s) and the chief elected local official have = been=20 renotified. "Major revisions" as used herein means = revisions=20 of boundaries or important substantive revisions to = the=20 nomination which could be expected to change the = ultimate=20 outcome as to whether or not the property is listed in = the=20 National Register by the Keeper. (x) Notwithstanding any provision hereof to the = contrary,=20 the State Historic Preservation Officer in the = nomination=20 notification process or otherwise need not make = available to=20 any person or entity (except a Federal agency planning = a=20 project, the property owner, the chief elected local = official=20 of the political jurisdiction in which the property is = located, and the local historic preservation = commission for=20 certified local governments) specific information = relating to=20 the location of properties proposed to be nominated = to, or=20 listed in, the National Register if he or she = determines that=20 the disclosure of specific information would create a = risk of=20 destruction or harm to such properties. (y) With regard to property under Federal ownership = or=20 control, completed nomination forms shall be submitted = to the=20 Federal Preservation Officer for review and comment. = The=20 Federal Preservation Officer, may approve the = nomination and=20 forward it to the Keeper of the National Register of = Historic=20 Places, National Park Service, United States = Department of the=20 Interior, Washington, D.C. 20240. = Secs. 60.7=20 to 60.8 [Reserved] Sec. 60.9=20 Nominations by Federal agencies. (a) The National Historic Preservation Act of 1966, = as=20 amended, requires that, with the advice of the = Secretary and=20 in cooperation with the State Historic Preservation = Officer of=20 the State involved, each Federal agency shall = establish a=20 program to locate, inventory and nominate to the = Secretary all=20 properties under the agency's ownership or control = that appear=20 to qualify for inclusion on the National Register. = Section=20 2(a) of Executive Order 11593 provides that Federal = agencies=20 shall locate, inventory, and nominate to the Secretary = of the=20 Interior all sites, buildings, districts, and objects = under=20 their jurisdiction or control that appear to qualify = for=20 listing on the National Register of Historic Places.=20 Additional responsibilities of Federal agencies are = detailed=20 in the National Historic Preservation Act of 1966, as = amended,=20 Executive Order 11593, the National Environmental = Policy Act=20 of 1969, the Archeological and Historic Preservation = Act of=20 1974, and procedures developed pursuant to these = authorities,=20 and other related legislation. (b) Nomination forms are prepared under the = supervision of=20 the Federal Preservation Officer designated by the = head of a=20 Federal agency to fulfill agency responsibilities = under the=20 National Historic Preservation Act of 1966, as = amended. (c) Completed nominations are submitted to the = appropriate=20 State Historic Preservation Officer for review and = comment=20 regarding the adequacy of the nomination, the = significance of=20 the property and its eligibility for the National = Register.=20 The chief elected local officials of the county (or = equivalent=20 governmental unit) and municipal political = jurisdiction in=20 which the property is located are notified and given = 45 days=20 in which to comment. The State Historic Preservation = Officer=20 signs block 12 of the nomination form with his/her=20 recommendation. (d) After receiving the comments of the State = Historic=20 Preservation Officer, and chief elected local = official, or if=20 there has been no response within 45 days, the Federal = Preservation Officer may approve the nomination and = forward it=20 to the Keeper of the National Register of Historic = Places,=20 National Park Service, United States Department of the = Interior, Washington, D.C. 20240. The Federal = Preservation=20 Officer signs block 12 of the nomination form if in = his or her=20 opinion the property meets the National Register = criteria for=20 evaluation. The Federal Preservation Officer's = signature in=20 block 12 certifies that: (1) All procedural requirements have been met; = (2)=20 The nomination form is adequately documented; = (3) The=20 nomination form is technically and professionally = correct=20 and sufficient; (4) In the opinion of the = Federal=20 Preservation Officer, the property meets the = National=20 Register criteria for evaluation. (e) When a Federal Preservation Officer submits a=20 nomination form for a property that he or she does not = believe=20 meets the National Register criteria for evaluation, = the=20 Federal Preservation Officer signs a continuation = sheet Form=20 NPS 10-900a explaining his/her opinions on the = eligibility of=20 the property and certifying that: (1) All procedural requirements have been met; = (2)=20 The nomination form is adequately documented; = (3) The=20 nomination form is technically and professionally = correct=20 and sufficient. (f) The comments of the State Historic Preservation = Officer=20 and chief local official are appended to the = nomination, or,=20 if there are no comments from the State Historic = Preservation=20 Officer an explanation is attached. Concurrent = nominations=20 (see Sec. 60.10)=20 cannot be submitted, however, until the nomination has = been=20 considered by the State in accord with Sec. 60.6,=20 supra. Comments received by the State concerning = concurrent=20 nominations and notarized statements of objection must = be=20 submitted with the nomination. (g) Notice will be provided in the Federal Register = that=20 the nominated property is being considered for listing = in the=20 National Register of Historic Places in accord with = Sec. 60.13.=20 (h) Nominations will be included in the National = Register=20 within 45 days of receipt by the Keeper or designee = unless the=20 Keeper disapproves such nomination or an appeal is = filed.=20 Nominations which are technically or professionally = inadequate=20 will be returned for correction and resubmission. When = a=20 property does not appear to meet the National Register = criteria for evaluation, the nomination will be = returned with=20 an explanation as to why the property does not meet = the=20 National Register criteria for evaluation. (i) Any person or organization which supports or = opposes=20 the nomination of a property by a Federal Preservation = Officer=20 may petition the Keeper during the nomination process = either=20 to accept or reject a nomination. The petitioner must = state=20 the grounds of the petition and request in writing = that the=20 Keeper substantively review the nomination. Such = petition=20 received by the Keeper prior to the listing of a = property in=20 the National Register or a determination of its = eligibility=20 where the private owner(s) object to listing will be=20 considered by the Keeper and the nomination will be=20 substantively reviewed. Sec. 60.10 Concurrent State and Federal = nominations. (a) State Historic Preservation Officers and = Federal=20 Preservation Officers are encouraged to cooperate in = locating,=20 inventorying, evaluating, and nominating all = properties=20 possessing historical, architectural, archeological, = or=20 cultural value. Federal agencies may nominate = properties where=20 a portion of the property is not under Federal = ownership or=20 control. (b) When a portion of the area included in a = Federal=20 nomination is not located on land under the ownership = or=20 control of the Federal agency, but is an integral part = of the=20 cultural resource, the completed nomination form shall = be sent=20 to the State Historic Preservation Officer for = notification to=20 property owners, to give owners of private property an = opportunity to concur in or object to the nomination, = to=20 solicit written comments and for submission to the = State=20 Review Board pursuant to the procedures in Sec. 60.6.=20 (c) If the State Historic Preservation Officer and = the=20 State Review Board agree that the nomination meets the = National Register criteria for evaluation, the = nomination is=20 signed by the State Historic Preservation Officer and = returned=20 to the Federal agency initiating the nomination. If = the State=20 Historic Presevation Officer and the State Review = Board=20 disagree, the nomination shall be returned to the = Federal=20 agency with the opinions of the State Historic = Preservation=20 Officer and the State Review Board concerning the = adequacy of=20 the nomination and whether or not the property meets = the=20 criteria for evaluation. The opinion of the State = Review Board=20 may be the minutes of the State Review Board meeting. = The=20 State Historic Preservation Officer's signed opinion = and=20 comments shall confirm to the Federal agency that the = State=20 nomination procedures have been fulfilled including=20 notification requirements. Any comments received by = the State=20 shall be included with the letter as shall any = notarized=20 statements objecting to the listing of private = property. (d) If the owner of any privately owned property, = (or a=20 majority of the owners of such properties within a = district or=20 single property with multiple owners) objects to such=20 inclusion by notarized statement(s) the Federal = Historic=20 Preservation Officer shall submit the nomination to = the Keeper=20 for review and a determination of eligibility. = Comments,=20 opinions, and notarized statements of objection shall = be=20 submitted with the nomination. (e) The State Historic Preservation Officer shall = notify=20 the non-Federal owners when a concurrent nomination is = listed=20 or determined eligible for the National Register as = required=20 in Sec. 60.6.=20 Sec. 60.11 Requests for=20 nominations. = (a) The State Historic Preservation Officer or = Federal=20 Preservation Officer as appropriate shall respond in = writing=20 within 60 days to any person or organization = submitting a=20 completed National Register nomination form or = requesting=20 consideration for any previously prepared nomination = form on=20 record with the State or Federal agency. The response = shall=20 provide a technical opinion concerning whether or not = the=20 property is adequately documented and appears to meet = the=20 National Register criteria for evaluation in Sec. 60.4. If=20 the nomination form is determined to be inadequately=20 documented, the nominating authority shall provide the = applicant with an explanation of the reasons for that=20 determination. (b) If the nomination form does not appear to be = adequately=20 documented, upon receiving notification, it shall be = the=20 responsibility of the applicant to provide necessary=20 additional documentation. (c) If the nomination form appears to be adequately = documented and if the property appears to meet the = National=20 Register criteria for evaluation, the State Historic=20 Preservation Officer shall comply with the = notification=20 requirements in Sec. 60.6 and=20 schedule the property for presentation at the earliest = possible State Review Board meeting. Scheduling shall = be=20 consistent with the State's established priorities for = processing nominations. If the nomination form is = adequately=20 documented, but the property does not appear to meet = National=20 Register criteria for evaluation, the State Historic=20 Preservation Officer need not process the nomination, = unless=20 so requested by the Keeper pursuant to Sec. 60.12.=20 (d) The State Historic Preservation Officer's = response=20 shall advise the applicant of the property's position = in=20 accord with the State's priorities for processing = nominations=20 and of the approximate date the applicant can expect = its=20 consideration by the State Review Board. The State = Historic=20 Preservation Officer shall also provide notice to the=20 applicant of the time and place of the Review Board = meeting at=20 least 30 but not more than 75 days before the meeting, = as well=20 as complying with the notification requirements in = Sec. 60.6.=20 (e) Upon action on a nomination by the State Review = Board,=20 the State Historic Preservation Officer shall, within = 90 days,=20 submit the nomination to the National Park Service, = or, if the=20 State Historic Preservation Officer does not consider = the=20 property eligible for the National Register, so advise = the=20 applicant within 45 days. (f) If the applicant substantially revises a = nomination=20 form as a result of comments by the State or Federal = agency,=20 it may be treated by the State Historic Preservation = Officer=20 or Federal Preservation Officer as a new submittal and = reprocessed in accord with the requirements in this = section.=20 (g) The Federal Preservation Officer shall request = the=20 comments of the State Historic Preservation Officer = and notify=20 the applicant in writing within 90 days of receipt of = an=20 adequately documented nomination form as to whether = the=20 Federal agency will nominate the property. The Federal = Preservation Officer shall submit an adquately = documented=20 nomination to the National Park Service unless in his = or her=20 opinion the property is not eligible for the National=20 Register. Sec. 60.12 Nomination=20 appeals. (a) Any person or local government may appeal to = the Keeper=20 the failure or refusal of a nominating authority to = nominate a=20 property that the person or local government considers = to meet=20 the National Register criteria for evaluation upon = decision of=20 a nominating authority to not nominate a property for = any=20 reason when requested pursuant to Sec. 60.11,=20 or upon failure of a State Historic Preservation = Officer to=20 nominate a property recommended by the State Review = Board.=20 (This action differs from the procedure for appeals = during the=20 review of a nomination by the National Park Service = where an=20 individual or organization may "petition the Keeper = during the=20 nomination process," as specified in Sec. Sec. 60.6(t)=20 and 60.9(i).=20 Upon receipt of such petition the normal 45-day review = period=20 will be extended for 30 days beyond the date of the = petition=20 to allow the petitioner to provide additional = documentation=20 for review.) (b) Such appeal shall include a copy of the = nomination form=20 and documentation previously submitted to the State = Historic=20 Preservation Officer or Federal Preservation Officer, = an=20 explanation of why the appplicant is submitting the = appeal in=20 accord with this section and shall include pertinent=20 correspondence from the State Historic Preservation = Officer or=20 Federal Preservation Officer. (c) The Keeper will respond to the appellant and = the State=20 Historic Preservation Officer or Federal Preservation = Officer=20 with a written explanation either denying or = sustaining the=20 appeal within 45 days of receipt. If the appeal is = sustained,=20 the Keeper will: (1) Request the State Historic Preservation = Officer or=20 Federal Preservation Officer to submit the = nomination to the=20 Keeper within 15 days if the nomination has = completed the=20 procedural requirements for nomination as described = in Sec.=20 Sec. 60.6 or 60.9 except that concurrence of the = State=20 Review Board, State Historic Preservation Officer or = Federal=20 Preservation Officer is not required; or (2) If = the=20 nomination has not completed these procedural = requirements,=20 request the State Historic Preservation Officer or = Federal=20 Preservation Officer to promptly process the = nomination=20 pursuant to Sec. Sec. 60.6 or 60.9 and submit the = nomination=20 to the Keeper without delay. (d) State Historic Preservation Officers and = Federal=20 Preservation Officers shall process and submit such=20 nominations if so requested by the Keeper pursuant to = this=20 section. The Secretary reserves the right to list = properties=20 in the National Register or determine properties = eligible for=20 such listing on his own motion when necessary to = assist in the=20 preservation of historic resources and after notifying = the=20 owner and appropriate parties and allowing for a = 30-day=20 comment period. (e) No person shall be considered to have exhausted = administrative remedies with respect to failure to = nominate a=20 property to the National Register until he or she has = complied=20 with procedures set forth in this section. The = decision of the=20 Keeper is the final administrative action on such = appeals.=20 Sec. 60.13 Publication in the Federal = Register and=20 other NPS notification. = (a) When a nomination is received, NPS will publish = notice=20 in the Federal Register that the property is being = considered=20 for listing in the National Register. A 15-day = commenting=20 period from date of publication will be provided. When = necessary to assist in the preservation of historic = properties=20 this 15-day period may be shortened or waived. (b) NPS shall notify the appropriate State Historic = Preservation Officer, Federal Preservation Officer, = person or=20 local government when there is no approved State = program of=20 the listing of the property in the National Register = and will=20 publish notice of the listing in the Federal Register. = (c) In nominations where the owner of any privately = owned=20 property (or a majority of the owners of such = properties=20 within a district or single property with multiple = owners) has=20 objected and the Keeper has determined the nomination = eligible=20 for the National Register, NPS shall notify the State = Historic=20 Preservation Officer, the Federal Preservation Officer = (for=20 Federal or concurrent nominations), the person or = local=20 government where there is no approved State Historic=20 Preservation Program and the Advisory Council on = Historic=20 Preservation. NPS will publish notice of the = determination of=20 eligibility in the Federal = Register. Sec. 60.14=20 Changes and revisions to properties listed in the = National=20 Register. (a) Boundary changes. (1) A boundary alteration shall be considered as = a new=20 property nomination. All forms, criteria and = procedures used=20 in nominating a property to the National Register = must be=20 used. In the case of boundary enlargements only = those owners=20 in the newly nominated as yet unlisted area need be = notified=20 and will be counted in determining whether a = majority of=20 private owners object to listing. In the case of a=20 diminution of a boundary, owners shall be notified = as=20 specified in Sec. 60.15=20 concerning removing properties from the National = Register. A=20 professionally justified recommendation by the State = Historic Preservation Officer, Federal Preservation = Officer,=20 or person or local government where there is no = approved=20 State Historic Preservation Program shall be = presented to=20 NPS. During this process, the property is not taken = off the=20 National Register. If the Keeper or his or her = designee=20 finds the recommendation in accordance with the = National=20 Register criteria for evaluation, the change will be = accepted. If the boundary change is not accepted, = the old=20 boundaries will remain. Boundary revisions may be = appealed=20 as provided for in Sec. Sec. 60.12=20 and 60.15. (2)=20 Four justifications exist for altering a boundary:=20 Professional error in the initial nomination, loss = of=20 historic integrity, recognition of additional = significance,=20 additional research documenting that a larger or = smaller=20 area should be listed. No enlargement of a boundary = should=20 be recommended unless the additional area possesses=20 previously unrecognized significance in American = history,=20 architecture, archeology, engineering or culture. No = diminution of a boundary should be recommended = unless the=20 properties being removed do not meet the National = Register=20 criteria for evaluation. Any proposal to alter a = boundary=20 has to be documented in detail including = photographing the=20 historic resources falling between the existing = boundary and=20 the other proposed boundary. (b) Relocating properties listed in the National = Register.=20 (1) Properties listed in the National Register = should be=20 moved only when there is no feasible alternative for = preservation. When a property is moved, every effort = should=20 be made to reestablish its historic orientation, = immediate=20 setting, and general environment. (2) If it is = proposed=20 that a property listed in the National Register be = moved and=20 the State Historic Preservation Officer, Federal = agency for=20 a property under Federal ownership or control, or = person or=20 local government where there is no approved State = Historic=20 Preservation Program, wishes the property to remain = in the=20 National Register during and after the move, the = State=20 Historic Preservation Officer or Federal = Preservation=20 Officer having ownership or control or person or = local=20 government where there is no approved State Historic = Preservation Program, shall submit documentation to = NPS=20 prior to the move. The documentation shall discuss: = (i) The reasons for the move; (ii) The effect = on the=20 property's historical integrity; (iii) The new = setting=20 and general environment of the proposed site, = including=20 evidence that the proposed site does not possess = historical=20 or archeological significance that would be = adversely=20 affected by the intrusion of the property; and = (iv)=20 Photographs showing the proposed location. (3) Any such proposal with respect to the new = location=20 shall follow the required notification procedures, = shall be=20 approved by the State Review Board if it is a State=20 nomination and shall continue to follow normal = review=20 procedures. The Keeper shall also follow the = required=20 notification procedures for nominations. The Keeper = shall=20 respond to a properly documented request within 45 = days of=20 receipt from the State Historic Preservation Officer = or=20 Federal Preservation Officer, or within 90 days of = receipt=20 from a person or local government where there is no = approved=20 State Historic Preservation Program, concerning = whether or=20 not the move is approved. Once the property is = moved, the=20 State Historic Preservation Officer, Federal = Preservation=20 Officer, or person or local government where there = is no=20 approved State Historic Preservation Program shall = submit to=20 the Keeper for review: (i) A letter notifying him or her of the date the = property was moved; (ii) Photographs of the = property on=20 its new site; and (iii) Revised maps, including = a=20 U.S.G.S. map, (iv) Acreage, and (v) Verbal = boundary=20 description. The Keeper shall respond to a properly documented = submittal within 45 days of receipt with the final = decision=20 on whether the property will remain in the National=20 Register. If the Keeper approves the move, the = property will=20 remain in the National Register during and after the = move=20 unless the integrity of the property is in some = unforeseen=20 manner destroyed. If the Keeper does not approve the = move,=20 the property will be automatically deleted from the = National=20 Register when moved. In cases of properties removed = from the=20 National Register, if the State, Federal agency, or = person=20 or local government where there is no approved State = Historic Preservation Program has neglected to = obtain prior=20 approval for the move or has evidence that = previously=20 unrecognized significance exists, or has accrued, = the State,=20 Federal agency, person or local government may = resubmit a=20 nomination for the property. (4) In the event that a property is moved, = deletion from=20 the National Register will be automatic unless the = above=20 procedures are followed prior to the move. If the = property=20 has already been moved, it is the responsibility of = the=20 State, Federal agency or person or local government = which=20 nominated the property to notify the National Park = Service.=20 Assuming that the State, Federal agency or person or = local=20 government wishes to have the structure reentered in = the=20 National Register, it must be nominated again on new = forms=20 which should discuss: (i) The reasons for the move; (ii) The effect = on the=20 property's historical integrity, and (iii) The = new=20 setting and general environment, including evidence = that the=20 new site does not possess historical or = archeological=20 significance that would be adversely affected by = intrusion=20 of the property. In addition, new photographs, = acreage,=20 verbal boundary description and a U.S.G.S. map = showing the=20 structure at its new location must be sent along = with the=20 revised nomination. Any such nomination submitted by = a State=20 must be approved by the State Review Board. (5) Properties moved in a manner consistent with = the=20 comments of the Advisory Council on Historic = Preservation,=20 in accord with its procedures (36 CFR part 800), are = granted=20 as exception to Sec. 60.12(b).=20 Moving of properties in accord with the Advisory = Council's=20 procedures should be dealt with individually in each = memorandum of agreement. In such cases, the State = Historic=20 Preservation Officer or the Federal Preservation = Officer,=20 for properties under Federal ownership or control, = shall=20 notify the Keeper of the new location after the move = including new documentation as described=20 above. Sec. 60.15 Removing properties from the = National=20 Register. (a) Grounds for removing properties from the = National=20 Register are as follows: (1) The property has ceased to meet the criteria = for=20 listing in the National Register because the = qualities which=20 caused it to be originally listed have been lost or=20 destroyed, or such qualities were lost subsequent to = nomination and prior to listing; (2) Additional=20 information shows that the property does not meet = the=20 National Register criteria for evaluation; (3) = Error in=20 professional judgement as to whether the property = meets the=20 criteria for evaluation; or (4) Prejudicial = procedural=20 error in the nomination or listing process. = Properties=20 removed from the National Register for procedural = error=20 shall be reconsidered for listing by the Keeper = after=20 correction of the error or errors by the State = Historic=20 Preservation Officer, Federal Preservation Officer, = person=20 or local government which originally nominated the = property,=20 or by the Keeper, as appropriate. The procedures set = forth=20 for nominations shall be followed in such = reconsiderations.=20 Any property or district removed from the National = Register=20 for procedural deficiencies in the nomination and/or = listing=20 process shall automatically be considered eligible = for=20 inclusion in the National Register without further = action=20 and will be published as such in the Federal = Register.=20 (b) Properties listed in the National Register = prior to=20 December 13, 1980, may only be removed from the = National=20 Register on the grounds established in paragraph = (a)(1) of=20 this section. (c) Any person or organization may petition in = writing for=20 removal of a property from the National Register by = setting=20 forth the reasons the property should be removed on = the=20 grounds established in paragraph (a) of this section. = With=20 respect to nominations determined eligible for the = National=20 Register because the owners of private property object = to=20 listing, anyone may petition for reconsideration of = whether or=20 not the property meets the criteria for evaluation = using these=20 procedures. Petitions for removal are submitted to the = Keeper=20 by the State Historic Preservation Officer for State=20 nominations, the Federal Preservation Officer for = Federal=20 nominations, and directly to the Keeper from persons = or local=20 governments where there is no approved State Historic=20 Preservation Program. (d) Petitons submitted by persons or local = governments=20 where there is no approved State Historic Preservation = Program=20 shall include a list of the owner(s). In such cases = the Keeper=20 shall notify the affected owner(s) and the chief = elected local=20 official and give them an opportunity to comment. For = approved=20 State programs, the State Historic Preservation = Officer shall=20 notify the affected owner(s) and chief elected local = official=20 and give them an opportunity to comment prior to = submitting a=20 petition for removal. The Federal Preservation Officer = shall=20 notify and obtain the comments of the appropriate = State=20 Historic Preservation Officer prior to forwarding an = appeal to=20 NPS. All comments and opinions shall be submitted with = the=20 petition. (e) The State Historic Preservation Officer or = Federal=20 Preservation Officer shall respond in writing within = 45 days=20 of receipt to petitions for removal of property from = the=20 National Register. The response shall advise the = petitioner of=20 the State Historic Preservation Officer's or Federal=20 Preservation Officer's views on the petition. (f) A petitioner desiring to pursue his removal = request=20 must notify the State Historic Preservation Officer or = the=20 Federal Preservation Officer in writing within 45 days = of=20 receipt of the written views on the petition. (g) The State Historic Preservation Officer may = elect to=20 have a property considered for removal according to = the=20 State's nomination procedures unless the petition is = on=20 procedural grounds and shall schedule it for = consideration by=20 the State Review Board as quickly as all notification=20 requirements can be completed following procedures = outlined in=20 Sec. 60.6, or=20 the State Historic Preservation Officer may elect to = forward=20 the petition for removal to the Keeper with his or her = comments without State Review Board consideration. = (h) Within 15 days after receipt of the = petitioner's=20 notification of intent to pursue his removal request, = the=20 State Historic Preservation Officer shall notify the=20 petitioner in writing either that the State Review = Board will=20 consider the petition on a specified date or that the = petition=20 will be forwarded to the Keeper after notification=20 requirements have been completed. The State Historic=20 Preservation Officer shall forward the petitions to = the Keeper=20 for review within 15 days after notification = requirements or=20 Review Board consideration, if applicable, have been=20 completed. (i) Within 15 days after receipt of the petitioner=20 notification of intent to pursue his petition, the = Federal=20 Preservation Officer shall forward the petition with = his or=20 her comments and those of the State Historic = Preservation=20 Officer to the Keeper. (j) The Keeper shall respond to a petition for = removal=20 within 45 days of receipt, except where the Keeper = must notify=20 the owners and the chief elected local official. In = such cases=20 the Keeper shall respond within 90 days of receipt. = The Keeper=20 shall notify the petitioner and the applicable State = Historic=20 Preservation Officer, Federal Preservation Officer, or = person=20 or local government where there is no approved State = Historic=20 Preservation Program, of his decision. The State = Historic=20 Preservation Officer or Federal Preservation Officer=20 transmitting the petition shall notify the petitioner, = the=20 owner(s), and the chief elected local official in = writing of=20 the decision. The Keeper will provide such notice for=20 petitions from persons or local governments where = there is no=20 approved State Historic Preservation Program. The = general=20 notice may be used for properties with more than 50 = owners. If=20 the general notice is used it shall be published in = one or=20 more newspapers with general circulation in the area = of the=20 nomination. (k) The Keeper may remove a property from the = National=20 Register on his own motion on the grounds established = in=20 paragraph (a) of this section, except for those = properties=20 listed in the National Register prior to December 13, = 1980,=20 which may only be removed from the National Register = on the=20 grounds established in paragraph (a)(1) of this = section. In=20 such cases, the Keeper will notify the nominating = authority,=20 the affected owner(s) and the applicable chief elected = local=20 official and provide them an opportunity to comment. = Upon=20 removal, the Keeper will notify the nominating = authority of=20 the basis for the removal. The State Historic = Preservation=20 Officer, Federal Preservation Officer, or person or = local=20 government which nominated the property shall notify = the=20 owner(s) and the chief elected local official of the = removal.=20 (l) No person shall be considered to have exhausted = administrative remedies with respect to removal of a = property=20 from the National Register until the Keeper has denied = a=20 petition for removal pursuant to this section. =

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