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National Register Federal
Program Regulations

Title 36--PARKS, FORESTS, AND PUBLIC PROPERTY

Chapter I--NATIONAL PARK SERVICE, DEPT. OF THE INTERIOR

Part 60--NATIONAL REGISTER OF HISTORIC PLACES

Revised as of July 1, 2004
[CITE: 36CFR60]

Sec.
60.1
Authorization and expansion of the National Register.
60.2
Effects of listing under Federal law.
60.3
Definitions.
60.4
Criteria for evaluation.
60.5
Nomination forms and information collection.
60.6
Nominations by the State Historic Preservation Officer under
approved State Historic Preservation programs.
60.7-60.8
[Reserved]
60.9
Nominations by Federal agencies.
60.10
Concurrent State and Federal nominations.
60.11
Requests for nominations.
60.12
Nomination appeals.
60.13
Publication in the Federal Register and other NPS
notification.
60.14
Changes and revisions to properties listed in the National
Register.
60.15
Removing properties from the National Register.

Authority: National Historic Preservation Act of 1966, as
amended, 16 U.S.C. 470 et seq., and E.O. 11593.

Source: 46 FR 56187, Nov. 16, 1981, unless otherwise noted.

Sec. 60.1 Authorization and expansion of the
National Register.

(a) The National Historic Preservation Act of 1966, 80
Stat. 915, 16 U.S.C. 470 et seq., as amended, authorizes the
Secretary of the Interior to expand and maintain a National
Register of districts, sites, buildings, structures, and
objects significant in American history, architecture,
archeology, engineering and culture. The regulations herein
set forth the procedural requirements for listing properties
on the National Register.

(b) Properties are added to the National Register through
the following processes.

(1) Those Acts of Congress and Executive orders which
create historic areas of the National Park System
administered by the National Park Service, all or portions
of which may be determined to be of historic significance
consistent with the intent of Congress;
(2) Properties
declared by the Secretary of the Interior to be of national
significance and designated as National Historic
Landmarks;
(3) Nominations prepared under approved State
Historic Preservation Programs, submitted by the State
Historic Preservation Officer and approved by the
NPS;
(4) Nominations from any person or local government
(only if such property is located in a State with no
approved State Historic Preservation Program) approved by
the NPS and;
(5) Nominations of Federal properties
prepared by Federal agencies, submitted by the Federal
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
by Federal, State, and local governments, private groups and
citizens to identify the Nation's cultural resources and to
indicate what properties should be considered for protection
from destruction or impairment. Listing of private property on
the National Register does not prohibit under Federal law or
regulation any actions which may otherwise be taken by the
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
a project having an effect on a listed or eligible property
must provide the Advisory Council on Historic Preservation a
reasonable opportunity to comment pursuant to section 106 of
the National Historic Preservation Act of 1966, as amended.
The Council has adopted procedures concerning, inter alia,
their commenting responsibility in 36 CFR part 800. Having
complied with this procedural requirement the Federal agency
may adopt any course of action it believes is appropriate.
While the Advisory Council comments must be taken into account
and integrated into the decisionmaking process, program
decisions rest with the agency implementing the undertaking.

(b) Listing in the National Register also makes property
owners eligible to be considered for Federal grants-in-aid for
historic preservation.

(c) If a property is listed in the National Register,
certain provisions of the Tax Reform Act of 1976 as amended by
the Revenue Act of 1978 and the Tax Treatment Extension Act of
1980 may apply. These provisions encourage the preservation of
depreciable historic structures by allowing favorable tax
treatments for rehabilitation, and discourage destruction of
historic buildings by eliminating certain otherwise available
Federal tax provisions both for demolition of historic
structures and for new construction on the site of demolished
historic buildings. Owners of historic buildings may benefit
from the investment tax credit provisions of the Revenue Act
of 1978. The Economic Recovery Tax Act of 1981 generally
replaces the rehabilitation tax incentives under these laws
beginning January 1, 1982 with a 25% investment tax credit for
rehabilitations of historic commercial, industrial and
residential buildings. This can be combined with a 15-year
cost recovery period for the adjusted basis of the historic
building. Historic buildings with certified rehabilitations
receive additional tax savings by their exemption from any
requirement to reduce the basis of the building by the amount
of the credit. The denial of accelerated depreciation for a
building built on the site of a demolished historic building
is repealed effective January 1, 1982. The Tax Treatment
Extension Act of 1980 includes provisions regarding charitable
contributions for conservation purposes of partial interests
in historically important land areas or structures.

(d) If a property contains surface coal resources and is
listed in the National Register, certain provisions of the
Surface Mining and Control Act of 1977 require consideration
of a property's historic values in the determination on
issuance of a surface coal mining permit.

Sec.
60.3 Definitions.

(a) Building. A building is a structure created to shelter
any form of human activity, such as a house, barn, church,
hotel, or similar structure. Building may refer to a
historically related complex such as a courthouse and jail or
a house and barn.

Examples

Molly Brown House (Denver, CO)
Meek Mansion and
Carriage House (Hayward, CA)
Huron County Courthouse and
Jail (Norwalk, OH)
Fairntosh Plantation (Durham
vicinity, NC)

(b) Chief elected local official. Chief elected local
official means the mayor, county judge, county executive or
otherwise titled chief elected administrative official who is
the elected head of the local political jurisdiction in which
the property is located.

(c) Determination of eligibility. A determination of
eligibility is a decision by the Department of the Interior
that a district, site, building, structure or object meets the
National Register criteria for evaluation although the
property is not formally listed in the National Register. A
determination of eligibility does not make the property
eligible for such benefits as grants, loans, or tax incentives
that have listing on the National Register as a prerequisite.

(d) District. A district is a geographically definable
area, urban or rural, possessing a significant concentration,
linkage, or continuity of sites, buildings, structures, or
objects united by past events or aesthetically by plan or
physical development. A district may also comprise individual
elements separated geographically but linked by association or
history.

Examples

Georgetown Historic District (Washington, DC)

Martin Luther King Historic District (Atlanta, GA)

Durango-Silverton Narrow-Gauge Railroad (right-of-way
between Durango and Silverton, CO)

(e) Federal Preservation Officer. The Federal Preservation
Officer is the official designated by the head of each Federal
agency responsible for coordinating that agency's activities
under the National Historic Preservation Act of 1966, as
amended, and Executive Order 11593 including nominating
properties under that agency's ownership or control to the
National Register.

(f) Keeper of the National Register of Historic Places. The
Keeper is the individual who has been delegated the authority
by NPS to list properties and determine their eligibility for
the National Register. The Keeper may further delegate this
authority as he or she deems appropriate.

(g) Multiple Resource Format submission. A Multiple
Resource Format submission for nominating properties to the
National Register is one which includes all or a defined
portion of the cultural resources identified in a specified
geographical area.

(h) National Park Service (NPS). The National Park Service
is the bureau of the Department of Interior to which the
Secretary of Interior has delegated the authority and
responsibility for administering the National Register
program.

(i) National
Register Nomination Form. National Register Nomination
Form means (1) National Register Nomination Form NPS 10-900,
with accompanying continuation sheets (where necessary) Form
NPS 10-900a, maps and photographs or (2) for Federal
nominations, Form No. 10-306, with continuation sheets (where
necessary) Form No. 10-300A, maps and photographs. Such
nomination forms must be "adequately documented" and
"technically and professionally correct and sufficient." To
meet these requirements the forms and accompanying maps and
photographs must be completed in accord with requirements and
guidance in the NPS publication, "How
to Complete National Register Forms" and other NPS
technical publications on this subject. Descriptions and
statements of significance must be prepared in accord with
standards generally accepted by academic historians,
architectural historians and archeologists. The nomination
form is a legal document and reference for historical,
architectural, and archeological data upon which the
protections for listed and eligible properties are founded.
The nominating authority certifies that the nomination is
adequately documented and technically and professionally
correct and sufficient upon nomination.

(j) Object. An object is a material thing of functional,
aesthetic, cultural, historical or scientific value that may
be, by nature or design, movable yet related to a specific
setting or environment.

Examples

Delta Queen Steamboat (Cincinnati, OH)

Adams Memorial (Rock Creek Cemetery, Washington, DC)

Sumpter Valley Gold Dredge (Sumpter, OR)

(k) Owner or owners. The term owner or owners means those
individuals, partnerships, corporations or public agencies
holding fee simple title to property. Owner or owners does not
include individuals, partnerships, corporations or public
agencies holding easements or less than fee interests
(including leaseholds) of any nature.

(l) Site. A site is the location of a significant event, a
prehistoric or historic occupation or activity, or a building
or structure, whether standing, ruined, or vanished, where the
location itself maintains historical or archeological value
regardless of the value of any existing structure.

Examples

Cabin Creek Battlefield (Pensacola vicinity,
OK)
Mound Cemetery Mound (Chester vicinity, OH)
Mud
Springs Pony Express Station Site (Dalton vicinity, NE)

(m) State Historic Preservation Officer. The State Historic
Preservation Officer is the person who has been designated by
the Governor or chief executive or by State statute in each
State to administer the State Historic Preservation Program,
including identifying and nominating eligible properties to
the National Register and otherwise administering applications
for listing historic properties in the National Register.

(n) State Historic Preservation Program. The State Historic
Preservation Program is the program established by each State
and approved by the Secretary of Interior for the purpose of
carrying out the provisions of the National Historic
Preservation Act of 1966, as amended, and related laws and
regulations. Such program shall be approved by the Secretary
before the State may nominate properties to the National
Register. Any State Historic Preservation Program in effect
under prior authority of law before December 12, 1980, shall
be treated as an approved program until the Secretary approves
a program submitted by the State for purposes of the
Amendments or December 12, 1983, unless the Secretary chooses
to rescind such approval because of program deficiencies.

(o) State Review Board. The State Review Board is a body
whose members represent the professional fields of American
history, architectural history, historic architecture,
prehistoric and historic archeology, and other professional
disciplines and may include citizen members. In States with
approved State historic preservation programs the State Review
Board reviews and approves National Register nominations
concerning whether or not they meet the criteria for
evaluation prior to their submittal to the NPS.

(p) Structure. A structure is a work made up of
interdependent and interrelated parts in a definite pattern of
organization. Constructed by man, it is often an engineering
project large in scale.

Examples

Swanton Covered Railroad Bridge (Swanton
vicinity, VT)
Old Point Loma Lighthouse (San Diego, CA)

North Point Water Tower (Milwaukee, WI)
Reber Radio
Telescope (Green Bay vicinity, WI)

(q) Thematic Group Format submission. A Thematic Group
Format submission for nominating properties to the National
Register is one which includes a finite group of resources
related to one another in a clearly distinguishable way. They
may be related to a single historic person, event, or
developmental force; of one building type or use, or designed
by a single architect; of a single archeological site form, or
related to a particular set of archeological research
problems.

(r) To nominate. To nominate is to propose that a district,
site, building, structure, or object be listed in the National
Register of Historic Places by preparing a nomination form,
with accompanying maps and photographs which adequately
document the property and are technically and professionally
correct and sufficient.

Sec. 60.4 Criteria for evaluation.

The criteria applied to evaluate properties (other than
areas of the National Park System and National Historic
Landmarks) for the National Register are listed below. These
criteria are worded in a manner to provide for a wide
diversity of resources. The following criteria shall be used
in evaluating properties for nomination to the National
Register, by NPS in reviewing nominations, and for evaluating
National Register eligibility of properties. Guidance in
applying the criteria is further discussed in the "How To" publications,
Standards & Guidelines sheets and Keeper's opinions of the
National Register. Such materials are available upon request.

National Register criteria for evaluation. The quality of
significance in American history, architecture, archeology,
engineering, and culture is present in districts, sites,
buildings, structures, and objects that possess integrity of
location, design, setting, materials, workmanship, feeling,
and association and

(a) that are associated with events that have made a
significant contribution to the broad patterns of our history;
or

(b) that are associated with the lives of persons
significant in our past; or

(c) that embody the distinctive characteristics of a type,
period, or method of construction, or that represent the work
of a master, or that possess high artistic values, or that
represent a significant and distinguishable entity whose
components may lack individual distinction; or

(d) that have yielded, or may be likely to yield,
information important in prehistory or history.

Criteria considerations. Ordinarily cemeteries,
birthplaces, or graves of historical figures, properties owned
by religious institutions or used for religious purposes,
structures that have been moved from their original locations,
reconstructed historic buildings, properties primarily
commemorative in nature, and properties that have achieved
significance within the past 50 years shall not be considered
eligible for the National Register. However, such properties
will qualify if they are integral parts of districts that do
meet the criteria of if they fall within the following
categories:

(a) A religious property deriving primary significance from
architectural or artistic distinction or historical
importance; or

(b) A building or structure removed from its original
location but which is significant primarily for architectural
value, or which is the surviving structure most importantly
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
building directly associated with his productive life.

(d) A cemetery which derives its primary significance from
graves of persons of transcendent importance, from age, from
distinctive design features, or from association with historic
events; or

(e) A reconstructed building when accurately executed in a
suitable environment and presented in a dignified manner as
part of a restoration master plan, and when no other building
or structure with the same association has survived; or

(f) A property primarily commemorative in intent if design,
age, tradition, or symbolic value has invested it with its own
exceptional significance; or

(g) A property achieving significance within the past 50
years if it is of exceptional importance. This exception is
described further in NPS "How To'' 2, entitled "How
to Evaluate and Nominate Potential National Register
Properties That Have Achieved Significance Within the Last 50
Years'' which is available from the National Register of
Historic Places Division, National Park Service, United States
Department of the Interior, Washington, D.C. 20240.

Sec. 60.5 Nomination forms and information
collection.

(a) All nominations to the National Register are to be made
on standard National Register forms. These forms are provided
upon request to the State Historic Preservation Officer,
participating Federal agencies and others by the NPS. For
archival reasons, no other forms, photocopied or otherwise,
will be accepted.

(b) The information collection requirements contained in
this part have been approved by the Office of Management and
Budget under 44 U.S.C. 3507 and assigned clearance number
1024-0018. The information is being collected as part of the
nomination of properties to the National Register. This
information will be used to evaluate the eligibility of
properties for inclusion in the National Register under
established criteria. The obligation to respond is required to
obtain a benefit.

Sec. 60.6 Nominations by the
State Historic Preservation Officer under approved State
Historic Preservation programs.

(a) The State Historic Preservation Officer is responsible
for identifying and nominating eligible properties to the
National Register. Nomination forms are prepared under the
supervision of the State Historic Preservation Officer. The
State Historic Preservation Officer establishes statewide
priorities for preparation and submittal of nominations for
all properties meeting National Register criteria for
evaluation within the State. All nominations from the State
shall be submitted in accord with the State priorities, which
shall be consistent with an approved State historic
preservation plan.

(b) The State shall consult with local authorities in the
nomination process. The State provides notice of the intent to
nominate a property and solicits written comments especially
on the significance of the property and whether or not it
meets the National Register criteria for evaluation. The State
notice also gives owners of private property an opportunity to
concur in or object to listing. The notice is carried out as
specified in the subsections below.

(c) As part of the nomination process, each State is
required to notify in writing the property owner(s), except as
specified in paragraph (d) of this section, of the State's
intent to bring the nomination before the State Review Board.
The list of owners shall be obtained from either official land
recordation records or tax records, whichever is more
appropriate, within 90 days prior to the notification of
intent to nominate. If in any State the land recordation or
tax records is not the most appropriate list from which to
obtain owners that State shall notify the Keeper in writing
and request approval that an alternative source of owners may
be used.

The State is responsible for notifying only those owners
whose names appear on the list consulted. Where there is more
than one owner on the list, each separate owner shall be
notified. The State shall send the written notification at
least 30 but not more than 75 days before the State Review
Board meeting. Required notices may vary in some details of
wording as the States prefer, but the content of notices must
be approved by the National Register. The notice shall give
the owner(s) at least 30 but not more than 75 days to submit
written comments and concur in or object in writing to the
nomination of such property. At least 30 but not more than 75
days before the State Review Board meeting, the States are
also required to notify by the above mentioned National
Register approved notice the applicable chief elected official
of the county (or equivalent governmental unit) and municipal
political jurisdiction in which the property is located. The
National Register nomination shall be on file with the State
Historic Preservation Program during the comment period and a
copy made available by mail when requested by the public, or
made available at a location of reasonable access to all
affected property owners, such as a local library courthouse,
or other public place, prior to the State Review Board meeting
so that written comments regarding the nomination can be
prepared.

(d) For a nomination with more than 50 property owners,
each State is required to notify in writing at least 30 but
not more than 75 days in advance of the State Review Board
meeting the chief elected local officials of the county (or
equivalent governmental unit) and municipal political
jurisdiction in which the property or district is located. The
State shall provide general notice to property owners
concerning the State's intent to nominate. The general notice
shall be published at least 30 days but not more than 75 days
before the State Review Board meeting and provide an
opportunity for the submission of written comments and provide
the owners of private property or a majority of such owners
for districts an opportunity to concur in or object in writing
to the nomination. Such general notice must be published in
one or more local newspapers of general circulation in the
area of the nomination. The content of the notices shall be
approved by the National Register. If such general notice is
used to notify the property owners for a nomination containing
more than 50 owners, it is suggested that a public information
meeting be held in the immediate area prior to the State
Review Board meeting. If the State wishes to individually
notify all property owners, it may do so, pursuant to
procedures specified in subsection 60.6(c),
in which case, the State need not publish a general notice.

(e) For Multiple Resource and Thematic Group Format
submission, each district, site, building, structure and
object included in the submission is treated as a separate
nomination for the purpose of notification and to provide
owners of private property the opportunity to concur in or
object in writing to the nomination in accord with this
section.

(f) The commenting period following notifications can be
waived only when all property owners and the chief elected
local official have advised the State in writing that they
agree to the waiver.

(g) Upon notification, any owner or owners of a private
property who wish to object shall submit to the State Historic
Preservation Officer a notarized statement certifying that the
party is the sole or partial owner of the private property, as
appropriate, and objects to the listing. In nominations with
multiple ownership of a single private property or of
districts, the property will not be listed if a majority of
the owners object to listing. Upon receipt of notarized
objections respecting a district or single private property
with multiple owners, it is the responsibility of the State
Historic Preservation Officer to ascertain whether a majority
of owners of private property have objected. If an owner whose
name did not appear on the list certifies in a written
notarized statement that the party is the sole or partial
owner of a nominated private property such owner shall be
counted by the State Historic Preservation Officer in
determining whether a majority of owners has objected. Each
owner of private property in a district has one vote
regardless of how many properties or what part of one property
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
State Review Board for inclusion in the National Register
prior to the effective date of this section, the State
Historic Preservation Officer need not resubmit the property
to the State Review Board; but before submitting the
nomination to the NPS shall afford owners of private property
the opportunity to concur in or object to the property's
inclusion in the Register pursuant to applicable notification
procedures described above.

(i) [Reserved]

(j) Completed nomination forms or the documentation
proposed for submission on the nomination forms and comments
concerning the significance of a property and its eligibility
for the National Register are submitted to the State Review
Board. The State Review Board shall review the nomination
forms or documentation proposed for submission on the
nomination forms and any comments concerning the property's
significance and eligibility for the National Register. The
State Review Board shall determine whether or not the property
meets the National Register criteria for evaluation and make a
recommendation to the State Historic Preservation Officer to
approve or disapprove the nomination.

(k) Nominations approved by the State Review Board and
comments received are then reviewed by the State Historic
Preservation Officer and if he or she finds the nominations to
be adequately documented and technically, professionally, and
procedurally correct and sufficient and in conformance with
National Register criteria for evaluation, the nominations are
submitted to the Keeper of the National Register of Historic
Places, National Park Service, United States Department of the
Interior, Washington, D.C. 20240. All comments received by a
State and notarized statements of objection to listing are
submitted with a nomination.

(l) If the State Historic Preservation Officer and the
State Review Board disagree on whether a property meets the
National Register criteria for evaluation, the State Historic
Preservation Officer, if he or she chooses, may submit the
nomination with his or her opinion concerning whether or not
the property meets the criteria for evaluation and the opinion
of the State Review Board to the Keeper of the National
Register for a final decision on the listing of the property.
The opinion of the State Review Board may be the minutes of
the Review Board meeting. The State Historic Preservation
Officer shall submit such disputed nominations if so requested
within 45 days of the State Review Board meeting by the State
Review Board or the chief elected local official of the local,
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
submit to the Keeper nominations if so requested under the
appeals process in Sec. 60.12.

(n) If the owner of a private property or the majority of
such owners for a district or single property with multiple
owners have objected to the nomination prior to the submittal
of a nomination, the State Historic Preservation Officer shall
submit the nomination to the Keeper only for a determination
of eligibility pursuant to subsection (s) of this section.

(o) The State Historic Preservation Officer signs block 12
of the nomination form if in his or her opinion the property
meets the National Register criteria for evaluation. The State
Historic Preservation Officer's signature in block 12
certifies that:

(1) All procedural requirements have been met;
(2)
The nomination form is adequately documented;
(3) The
nomination form is technically and professionally correct
and sufficient;
(4) In the opinion of the State Historic
Preservation Officer, the property meets the National
Register criteria for evaluation.

(p) When a State Historic Preservation Officer submits a
nomination form for a property that he or she does not believe
meets the National Register criteria for evaluation, the State
Historic Preservation Officer signs a continuation sheet Form
NPS 10-900a explaining his/her opinions on the eligibility of
the property and certifying that:

(1) All procedural requirements have been met;
(2)
The nomination form is adequately documented;
(3) The
nomination form is technically and professionally correct
and sufficient.

(q) Notice will be provided in the Federal Register that
the nominated property is being considered for listing in the
National Register of Historic Places as specified in Sec. 60.13.

(r) Nominations will be included in the National Register
within 45 days of receipt by the Keeper or designee unless the
Keeper disapproves a nomination, an appeal is filed, or the
owner of private property (or the majority of such owners for
a district or single property with multiple owners) objects by
notarized statements received by the Keeper prior to listing.
Nominations which are technically or professionally inadequate
will be returned for correction and resubmission. When a
property does not appear to meet the National Register
criteria for evaluation, the nomination will be returned with
an explanation as to why the property does not meet the
National Register criteria for evaluation.

(s) If the owner of private property (or the majority of
such owners for a district or single property with multiple
owners) has objected to the nomination by notarized statement
prior to listing, the Keeper shall review the nomination and
make a determination of eligibility within 45 days of receipt,
unless an appeal is filed. The Keeper shall list such
properties determined eligible in the National Register upon
receipt of notarized statements from the owner(s) of private
property that the owner(s) no longer object to listing.

(t) Any person or organization which supports or opposes
the nomination of a property by a State Historic Preservation
Officer may petition the Keeper during the nomination process
either to accept or reject a nomination. The petitioner must
state the grounds of the petition and request in writing that
the Keeper substantively review the nomination. Such petitions
received by the Keeper prior to the listing of a property in
the National Register or a determination of its eligibility
where the private owners object to listing will be considered
by the Keeper and the nomination will be substantively
reviewed.

(u) State Historic Preservation Officers are required to
inform the property owners and the chief elected local
official when properties are listed in the National Register.
In the case of a nomination where there are more than 50
property owners, they may be notified of the entry in the
National Register by the same general notice stated in Sec. 60.6(d).
States which notify all property owners individually of
entries in the National Register need not publish a general
notice.

(v) In the case of nominations where the owner of private
property (or the majority of such owners for a district or
single property with multiple owners) has objected and the
Keeper has determined the nomination eligible for the National
Register, the State Historic Preservation Officer shall notify
the appropriate chief elected local official and the owner(s)
of such property of this determination. The general notice may
be used for properties with more than 50 owners as described
in Sec. 60.6(d)
or the State Historic Preservation Officer may notify the
owners individually.

(w) If subsequent to nomination a State makes major
revisions to a nomination or renominates a property rejected
by the Keeper, the State Historic Preservation Officer shall
notify the affected property owner(s) and the chief elected
local official of the revisions or renomination in the same
manner as the original notification for the nomination, but
need not resubmit the nomination to the State Review Board.
Comments received and notarized statements of objection must
be forwarded to the Keeper along with the revisions or
renomination. The State Historic Preservation Officer also
certifies by the resubmittal that the affected property
owner(s) and the chief elected local official have been
renotified. "Major revisions" as used herein means revisions
of boundaries or important substantive revisions to the
nomination which could be expected to change the ultimate
outcome as to whether or not the property is listed in the
National Register by the Keeper.

(x) Notwithstanding any provision hereof to the contrary,
the State Historic Preservation Officer in the nomination
notification process or otherwise need not make available to
any person or entity (except a Federal agency planning a
project, the property owner, the chief elected local official
of the political jurisdiction in which the property is
located, and the local historic preservation commission for
certified local governments) specific information relating to
the location of properties proposed to be nominated to, or
listed in, the National Register if he or she determines that
the disclosure of specific information would create a risk of
destruction or harm to such properties.

(y) With regard to property under Federal ownership or
control, completed nomination forms shall be submitted to the
Federal Preservation Officer for review and comment. The
Federal Preservation Officer, may approve the nomination and
forward it to the Keeper of the National Register of Historic
Places, National Park Service, United States Department of the
Interior, Washington, D.C. 20240.

Secs. 60.7
to 60.8 [Reserved]

Sec. 60.9
Nominations by Federal agencies.

(a) The National Historic Preservation Act of 1966, as
amended, requires that, with the advice of the Secretary and
in cooperation with the State Historic Preservation Officer of
the State involved, each Federal agency shall establish a
program to locate, inventory and nominate to the Secretary all
properties under the agency's ownership or control that appear
to qualify for inclusion on the National Register. Section
2(a) of Executive Order 11593 provides that Federal agencies
shall locate, inventory, and nominate to the Secretary of the
Interior all sites, buildings, districts, and objects under
their jurisdiction or control that appear to qualify for
listing on the National Register of Historic Places.
Additional responsibilities of Federal agencies are detailed
in the National Historic Preservation Act of 1966, as amended,
Executive Order 11593, the National Environmental Policy Act
of 1969, the Archeological and Historic Preservation Act of
1974, and procedures developed pursuant to these authorities,
and other related legislation.

(b) Nomination forms are prepared under the supervision of
the Federal Preservation Officer designated by the head of a
Federal agency to fulfill agency responsibilities under the
National Historic Preservation Act of 1966, as amended.

(c) Completed nominations are submitted to the appropriate
State Historic Preservation Officer for review and comment
regarding the adequacy of the nomination, the significance of
the property and its eligibility for the National Register.
The chief elected local officials of the county (or equivalent
governmental unit) and municipal political jurisdiction in
which the property is located are notified and given 45 days
in which to comment. The State Historic Preservation Officer
signs block 12 of the nomination form with his/her
recommendation.

(d) After receiving the comments of the State Historic
Preservation Officer, and chief elected local official, or if
there has been no response within 45 days, the Federal
Preservation Officer may approve the nomination and forward it
to the Keeper of the National Register of Historic Places,
National Park Service, United States Department of the
Interior, Washington, D.C. 20240. The Federal Preservation
Officer signs block 12 of the nomination form if in his or her
opinion the property meets the National Register criteria for
evaluation. The Federal Preservation Officer's signature in
block 12 certifies that:

(1) All procedural requirements have been met;
(2)
The nomination form is adequately documented;
(3) The
nomination form is technically and professionally correct
and sufficient;
(4) In the opinion of the Federal
Preservation Officer, the property meets the National
Register criteria for evaluation.

(e) When a Federal Preservation Officer submits a
nomination form for a property that he or she does not believe
meets the National Register criteria for evaluation, the
Federal Preservation Officer signs a continuation sheet Form
NPS 10-900a explaining his/her opinions on the eligibility of
the property and certifying that:

(1) All procedural requirements have been met;
(2)
The nomination form is adequately documented;
(3) The
nomination form is technically and professionally correct
and sufficient.

(f) The comments of the State Historic Preservation Officer
and chief local official are appended to the nomination, or,
if there are no comments from the State Historic Preservation
Officer an explanation is attached. Concurrent nominations
(see Sec. 60.10)
cannot be submitted, however, until the nomination has been
considered by the State in accord with Sec. 60.6,
supra. Comments received by the State concerning concurrent
nominations and notarized statements of objection must be
submitted with the nomination.

(g) Notice will be provided in the Federal Register that
the nominated property is being considered for listing in the
National Register of Historic Places in accord with Sec. 60.13.

(h) Nominations will be included in the National Register
within 45 days of receipt by the Keeper or designee unless the
Keeper disapproves such nomination or an appeal is filed.
Nominations which are technically or professionally inadequate
will be returned for correction and resubmission. When a
property does not appear to meet the National Register
criteria for evaluation, the nomination will be returned with
an explanation as to why the property does not meet the
National Register criteria for evaluation.

(i) Any person or organization which supports or opposes
the nomination of a property by a Federal Preservation Officer
may petition the Keeper during the nomination process either
to accept or reject a nomination. The petitioner must state
the grounds of the petition and request in writing that the
Keeper substantively review the nomination. Such petition
received by the Keeper prior to the listing of a property in
the National Register or a determination of its eligibility
where the private owner(s) object to listing will be
considered by the Keeper and the nomination will be
substantively reviewed.

Sec. 60.10 Concurrent State and Federal
nominations.

(a) State Historic Preservation Officers and Federal
Preservation Officers are encouraged to cooperate in locating,
inventorying, evaluating, and nominating all properties
possessing historical, architectural, archeological, or
cultural value. Federal agencies may nominate properties where
a portion of the property is not under Federal ownership or
control.

(b) When a portion of the area included in a Federal
nomination is not located on land under the ownership or
control of the Federal agency, but is an integral part of the
cultural resource, the completed nomination form shall be sent
to the State Historic Preservation Officer for notification to
property owners, to give owners of private property an
opportunity to concur in or object to the nomination, to
solicit written comments and for submission to the State
Review Board pursuant to the procedures in Sec. 60.6.

(c) If the State Historic Preservation Officer and the
State Review Board agree that the nomination meets the
National Register criteria for evaluation, the nomination is
signed by the State Historic Preservation Officer and returned
to the Federal agency initiating the nomination. If the State
Historic Presevation Officer and the State Review Board
disagree, the nomination shall be returned to the Federal
agency with the opinions of the State Historic Preservation
Officer and the State Review Board concerning the adequacy of
the nomination and whether or not the property meets the
criteria for evaluation. The opinion of the State Review Board
may be the minutes of the State Review Board meeting. The
State Historic Preservation Officer's signed opinion and
comments shall confirm to the Federal agency that the State
nomination procedures have been fulfilled including
notification requirements. Any comments received by the State
shall be included with the letter as shall any notarized
statements objecting to the listing of private property.

(d) If the owner of any privately owned property, (or a
majority of the owners of such properties within a district or
single property with multiple owners) objects to such
inclusion by notarized statement(s) the Federal Historic
Preservation Officer shall submit the nomination to the Keeper
for review and a determination of eligibility. Comments,
opinions, and notarized statements of objection shall be
submitted with the nomination.

(e) The State Historic Preservation Officer shall notify
the non-Federal owners when a concurrent nomination is listed
or determined eligible for the National Register as required
in Sec. 60.6.

Sec. 60.11 Requests for
nominations.

(a) The State Historic Preservation Officer or Federal
Preservation Officer as appropriate shall respond in writing
within 60 days to any person or organization submitting a
completed National Register nomination form or requesting
consideration for any previously prepared nomination form on
record with the State or Federal agency. The response shall
provide a technical opinion concerning whether or not the
property is adequately documented and appears to meet the
National Register criteria for evaluation in Sec. 60.4. If
the nomination form is determined to be inadequately
documented, the nominating authority shall provide the
applicant with an explanation of the reasons for that
determination.

(b) If the nomination form does not appear to be adequately
documented, upon receiving notification, it shall be the
responsibility of the applicant to provide necessary
additional documentation.

(c) If the nomination form appears to be adequately
documented and if the property appears to meet the National
Register criteria for evaluation, the State Historic
Preservation Officer shall comply with the notification
requirements in Sec. 60.6 and
schedule the property for presentation at the earliest
possible State Review Board meeting. Scheduling shall be
consistent with the State's established priorities for
processing nominations. If the nomination form is adequately
documented, but the property does not appear to meet National
Register criteria for evaluation, the State Historic
Preservation Officer need not process the nomination, unless
so requested by the Keeper pursuant to Sec. 60.12.

(d) The State Historic Preservation Officer's response
shall advise the applicant of the property's position in
accord with the State's priorities for processing nominations
and of the approximate date the applicant can expect its
consideration by the State Review Board. The State Historic
Preservation Officer shall also provide notice to the
applicant of the time and place of the Review Board meeting at
least 30 but not more than 75 days before the meeting, as well
as complying with the notification requirements in Sec. 60.6.

(e) Upon action on a nomination by the State Review Board,
the State Historic Preservation Officer shall, within 90 days,
submit the nomination to the National Park Service, or, if the
State Historic Preservation Officer does not consider the
property eligible for the National Register, so advise the
applicant within 45 days.

(f) If the applicant substantially revises a nomination
form as a result of comments by the State or Federal agency,
it may be treated by the State Historic Preservation Officer
or Federal Preservation Officer as a new submittal and
reprocessed in accord with the requirements in this section.

(g) The Federal Preservation Officer shall request the
comments of the State Historic Preservation Officer and notify
the applicant in writing within 90 days of receipt of an
adequately documented nomination form as to whether the
Federal agency will nominate the property. The Federal
Preservation Officer shall submit an adquately documented
nomination to the National Park Service unless in his or her
opinion the property is not eligible for the National
Register.

Sec. 60.12 Nomination
appeals.

(a) Any person or local government may appeal to the Keeper
the failure or refusal of a nominating authority to nominate a
property that the person or local government considers to meet
the National Register criteria for evaluation upon decision of
a nominating authority to not nominate a property for any
reason when requested pursuant to Sec. 60.11,
or upon failure of a State Historic Preservation Officer to
nominate a property recommended by the State Review Board.
(This action differs from the procedure for appeals during the
review of a nomination by the National Park Service where an
individual or organization may "petition the Keeper during the
nomination process," as specified in Sec. Sec. 60.6(t)
and 60.9(i).
Upon receipt of such petition the normal 45-day review period
will be extended for 30 days beyond the date of the petition
to allow the petitioner to provide additional documentation
for review.)

(b) Such appeal shall include a copy of the nomination form
and documentation previously submitted to the State Historic
Preservation Officer or Federal Preservation Officer, an
explanation of why the appplicant is submitting the appeal in
accord with this section and shall include pertinent
correspondence from the State Historic Preservation Officer or
Federal Preservation Officer.

(c) The Keeper will respond to the appellant and the State
Historic Preservation Officer or Federal Preservation Officer
with a written explanation either denying or sustaining the
appeal within 45 days of receipt. If the appeal is sustained,
the Keeper will:

(1) Request the State Historic Preservation Officer or
Federal Preservation Officer to submit the nomination to the
Keeper within 15 days if the nomination has completed the
procedural requirements for nomination as described in Sec.
Sec. 60.6 or 60.9 except that concurrence of the State
Review Board, State Historic Preservation Officer or Federal
Preservation Officer is not required; or
(2) If the
nomination has not completed these procedural requirements,
request the State Historic Preservation Officer or Federal
Preservation Officer to promptly process the nomination
pursuant to Sec. Sec. 60.6 or 60.9 and submit the nomination
to the Keeper without delay.

(d) State Historic Preservation Officers and Federal
Preservation Officers shall process and submit such
nominations if so requested by the Keeper pursuant to this
section. The Secretary reserves the right to list properties
in the National Register or determine properties eligible for
such listing on his own motion when necessary to assist in the
preservation of historic resources and after notifying the
owner and appropriate parties and allowing for a 30-day
comment period.

(e) No person shall be considered to have exhausted
administrative remedies with respect to failure to nominate a
property to the National Register until he or she has complied
with procedures set forth in this section. The decision of the
Keeper is the final administrative action on such appeals.

Sec. 60.13 Publication in the Federal Register and
other NPS notification.

(a) When a nomination is received, NPS will publish notice
in the Federal Register that the property is being considered
for listing in the National Register. A 15-day commenting
period from date of publication will be provided. When
necessary to assist in the preservation of historic properties
this 15-day period may be shortened or waived.

(b) NPS shall notify the appropriate State Historic
Preservation Officer, Federal Preservation Officer, person or
local government when there is no approved State program of
the listing of the property in the National Register and will
publish notice of the listing in the Federal Register.

(c) In nominations where the owner of any privately owned
property (or a majority of the owners of such properties
within a district or single property with multiple owners) has
objected and the Keeper has determined the nomination eligible
for the National Register, NPS shall notify the State Historic
Preservation Officer, the Federal Preservation Officer (for
Federal or concurrent nominations), the person or local
government where there is no approved State Historic
Preservation Program and the Advisory Council on Historic
Preservation. NPS will publish notice of the determination of
eligibility in the Federal Register.

Sec. 60.14
Changes and revisions to properties listed in the National
Register.

(a) Boundary changes.

(1) A boundary alteration shall be considered as a new
property nomination. All forms, criteria and procedures used
in nominating a property to the National Register must be
used. In the case of boundary enlargements only those owners
in the newly nominated as yet unlisted area need be notified
and will be counted in determining whether a majority of
private owners object to listing. In the case of a
diminution of a boundary, owners shall be notified as
specified in Sec. 60.15
concerning removing properties from the National Register. A
professionally justified recommendation by the State
Historic Preservation Officer, Federal Preservation Officer,
or person or local government where there is no approved
State Historic Preservation Program shall be presented to
NPS. During this process, the property is not taken off the
National Register. If the Keeper or his or her designee
finds the recommendation in accordance with the National
Register criteria for evaluation, the change will be
accepted. If the boundary change is not accepted, the old
boundaries will remain. Boundary revisions may be appealed
as provided for in Sec. Sec. 60.12
and 60.15.
(2)
Four justifications exist for altering a boundary:
Professional error in the initial nomination, loss of
historic integrity, recognition of additional significance,
additional research documenting that a larger or smaller
area should be listed. No enlargement of a boundary should
be recommended unless the additional area possesses
previously unrecognized significance in American history,
architecture, archeology, engineering or culture. No
diminution of a boundary should be recommended unless the
properties being removed do not meet the National Register
criteria for evaluation. Any proposal to alter a boundary
has to be documented in detail including photographing the
historic resources falling between the existing boundary and
the other proposed boundary.

(b) Relocating properties listed in the National Register.

(1) Properties listed in the National Register should be
moved only when there is no feasible alternative for
preservation. When a property is moved, every effort should
be made to reestablish its historic orientation, immediate
setting, and general environment.
(2) If it is proposed
that a property listed in the National Register be moved and
the State Historic Preservation Officer, Federal agency for
a property under Federal ownership or control, or person or
local government where there is no approved State Historic
Preservation Program, wishes the property to remain in the
National Register during and after the move, the State
Historic Preservation Officer or Federal Preservation
Officer having ownership or control or person or local
government where there is no approved State Historic
Preservation Program, shall submit documentation to NPS
prior to the move. The documentation shall discuss:

(i) The reasons for the move;
(ii) The effect on the
property's historical integrity;
(iii) The new setting
and general environment of the proposed site, including
evidence that the proposed site does not possess historical
or archeological significance that would be adversely
affected by the intrusion of the property; and
(iv)
Photographs showing the proposed location.

(3) Any such proposal with respect to the new location
shall follow the required notification procedures, shall be
approved by the State Review Board if it is a State
nomination and shall continue to follow normal review
procedures. The Keeper shall also follow the required
notification procedures for nominations. The Keeper shall
respond to a properly documented request within 45 days of
receipt from the State Historic Preservation Officer or
Federal Preservation Officer, or within 90 days of receipt
from a person or local government where there is no approved
State Historic Preservation Program, concerning whether or
not the move is approved. Once the property is moved, the
State Historic Preservation Officer, Federal Preservation
Officer, or person or local government where there is no
approved State Historic Preservation Program shall submit to
the Keeper for review:

(i) A letter notifying him or her of the date the
property was moved;
(ii) Photographs of the property on
its new site; and
(iii) Revised maps, including a
U.S.G.S. map,
(iv) Acreage, and
(v) Verbal boundary
description.

The Keeper shall respond to a properly documented
submittal within 45 days of receipt with the final decision
on whether the property will remain in the National
Register. If the Keeper approves the move, the property will
remain in the National Register during and after the move
unless the integrity of the property is in some unforeseen
manner destroyed. If the Keeper does not approve the move,
the property will be automatically deleted from the National
Register when moved. In cases of properties removed from the
National Register, if the State, Federal agency, or person
or local government where there is no approved State
Historic Preservation Program has neglected to obtain prior
approval for the move or has evidence that previously
unrecognized significance exists, or has accrued, the State,
Federal agency, person or local government may resubmit a
nomination for the property.

(4) In the event that a property is moved, deletion from
the National Register will be automatic unless the above
procedures are followed prior to the move. If the property
has already been moved, it is the responsibility of the
State, Federal agency or person or local government which
nominated the property to notify the National Park Service.
Assuming that the State, Federal agency or person or local
government wishes to have the structure reentered in the
National Register, it must be nominated again on new forms
which should discuss:

(i) The reasons for the move;
(ii) The effect on the
property's historical integrity, and
(iii) The new
setting and general environment, including evidence that the
new site does not possess historical or archeological
significance that would be adversely affected by intrusion
of the property. In addition, new photographs, acreage,
verbal boundary description and a U.S.G.S. map showing the
structure at its new location must be sent along with the
revised nomination. Any such nomination submitted by a State
must be approved by the State Review Board.

(5) Properties moved in a manner consistent with the
comments of the Advisory Council on Historic Preservation,
in accord with its procedures (36 CFR part 800), are granted
as exception to Sec. 60.12(b).
Moving of properties in accord with the Advisory Council's
procedures should be dealt with individually in each
memorandum of agreement. In such cases, the State Historic
Preservation Officer or the Federal Preservation Officer,
for properties under Federal ownership or control, shall
notify the Keeper of the new location after the move
including new documentation as described
above.

Sec. 60.15 Removing properties from the National
Register.

(a) Grounds for removing properties from the National
Register are as follows:

(1) The property has ceased to meet the criteria for
listing in the National Register because the qualities which
caused it to be originally listed have been lost or
destroyed, or such qualities were lost subsequent to
nomination and prior to listing;
(2) Additional
information shows that the property does not meet the
National Register criteria for evaluation;
(3) Error in
professional judgement as to whether the property meets the
criteria for evaluation; or
(4) Prejudicial procedural
error in the nomination or listing process. Properties
removed from the National Register for procedural error
shall be reconsidered for listing by the Keeper after
correction of the error or errors by the State Historic
Preservation Officer, Federal Preservation Officer, person
or local government which originally nominated the property,
or by the Keeper, as appropriate. The procedures set forth
for nominations shall be followed in such reconsiderations.
Any property or district removed from the National Register
for procedural deficiencies in the nomination and/or listing
process shall automatically be considered eligible for
inclusion in the National Register without further action
and will be published as such in the Federal Register.

(b) Properties listed in the National Register prior to
December 13, 1980, may only be removed from the National
Register on the grounds established in paragraph (a)(1) of
this section.

(c) Any person or organization may petition in writing for
removal of a property from the National Register by setting
forth the reasons the property should be removed on the
grounds established in paragraph (a) of this section. With
respect to nominations determined eligible for the National
Register because the owners of private property object to
listing, anyone may petition for reconsideration of whether or
not the property meets the criteria for evaluation using these
procedures. Petitions for removal are submitted to the Keeper
by the State Historic Preservation Officer for State
nominations, the Federal Preservation Officer for Federal
nominations, and directly to the Keeper from persons or local
governments where there is no approved State Historic
Preservation Program.

(d) Petitons submitted by persons or local governments
where there is no approved State Historic Preservation Program
shall include a list of the owner(s). In such cases the Keeper
shall notify the affected owner(s) and the chief elected local
official and give them an opportunity to comment. For approved
State programs, the State Historic Preservation Officer shall
notify the affected owner(s) and chief elected local official
and give them an opportunity to comment prior to submitting a
petition for removal. The Federal Preservation Officer shall
notify and obtain the comments of the appropriate State
Historic Preservation Officer prior to forwarding an appeal to
NPS. All comments and opinions shall be submitted with the
petition.

(e) The State Historic Preservation Officer or Federal
Preservation Officer shall respond in writing within 45 days
of receipt to petitions for removal of property from the
National Register. The response shall advise the petitioner of
the State Historic Preservation Officer's or Federal
Preservation Officer's views on the petition.

(f) A petitioner desiring to pursue his removal request
must notify the State Historic Preservation Officer or the
Federal Preservation Officer in writing within 45 days of
receipt of the written views on the petition.

(g) The State Historic Preservation Officer may elect to
have a property considered for removal according to the
State's nomination procedures unless the petition is on
procedural grounds and shall schedule it for consideration by
the State Review Board as quickly as all notification
requirements can be completed following procedures outlined in
Sec. 60.6, or
the State Historic Preservation Officer may elect to forward
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
notification of intent to pursue his removal request, the
State Historic Preservation Officer shall notify the
petitioner in writing either that the State Review Board will
consider the petition on a specified date or that the petition
will be forwarded to the Keeper after notification
requirements have been completed. The State Historic
Preservation Officer shall forward the petitions to the Keeper
for review within 15 days after notification requirements or
Review Board consideration, if applicable, have been
completed.

(i) Within 15 days after receipt of the petitioner
notification of intent to pursue his petition, the Federal
Preservation Officer shall forward the petition with his or
her comments and those of the State Historic Preservation
Officer to the Keeper.

(j) The Keeper shall respond to a petition for removal
within 45 days of receipt, except where the Keeper must notify
the owners and the chief elected local official. In such cases
the Keeper shall respond within 90 days of receipt. The Keeper
shall notify the petitioner and the applicable State Historic
Preservation Officer, Federal Preservation Officer, or person
or local government where there is no approved State Historic
Preservation Program, of his decision. The State Historic
Preservation Officer or Federal Preservation Officer
transmitting the petition shall notify the petitioner, the
owner(s), and the chief elected local official in writing of
the decision. The Keeper will provide such notice for
petitions from persons or local governments where there is no
approved State Historic Preservation Program. The general
notice may be used for properties with more than 50 owners. If
the general notice is used it shall be published in one or
more newspapers with general circulation in the area of the
nomination.

(k) The Keeper may remove a property from the National
Register on his own motion on the grounds established in
paragraph (a) of this section, except for those properties
listed in the National Register prior to December 13, 1980,
which may only be removed from the National Register on the
grounds established in paragraph (a)(1) of this section. In
such cases, the Keeper will notify the nominating authority,
the affected owner(s) and the applicable chief elected local
official and provide them an opportunity to comment. Upon
removal, the Keeper will notify the nominating authority of
the basis for the removal. The State Historic Preservation
Officer, Federal Preservation Officer, or person or local
government which nominated the property shall notify the
owner(s) and the chief elected local official of the removal.

(l) No person shall be considered to have exhausted
administrative remedies with respect to removal of a property
from the National Register until the Keeper has denied a
petition for removal pursuant to this section.

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