§§ 59.5–59.6 36 CFR Ch. I (7–1–20 Edition)

§§ 59.5–59.6 [Reserved] significance and designated as National Historic Landmarks; PART 60—NATIONAL REGISTER OF (3) Nominations prepared under ap- HISTORIC PLACES proved State Historic Preservation Programs, submitted by the State His- toric Preservation Officer and approved Sec. by the NPS; 60.1 Authorization and expansion of the Na- tional Register. (4) Nominations from any person or 60.2 Effects of listing under Federal law. local government (only if such prop- 60.3 Definitions. erty is located in a State with no ap- 60.4 Criteria for evaluation. proved State Historic Preservation 60.5 Nomination forms and information col- Program) approved by the NPS and; lection. (5) Nominations of Federal properties 60.6 Nominations by the State Historic prepared by Federal agencies, sub- Preservation Officer under approved mitted by the Federal Preservation Of- State Historic Preservation programs. ficer and approved by NPS. 60.7–60.8 [Reserved] 60.9 Nominations by Federal agencies. § 60.2 Effects of listing under Federal 60.10 Concurrent State and Federal nomina- law. tions. 60.11 Requests for nominations. The National Register is an authori- 60.12 Nomination appeals. tative guide to be used by Federal, 60.13 Publication in the Federal Register State, and local governments, private and other NPS notification. groups and citizens to identify the Na- 60.14 Changes and revisions to properties tion’s cultural resources and to indi- listed in the National Register. cate what properties should be consid- 60.15 Removing properties from the Na- ered for protection from destruction or tional Register. impairment. Listing of private prop- AUTHORITY: National Historic Preservation erty on the National Register does not Act of 1966, as amended, 16 U.S.C. 470 et seq., prohibit under Federal law or regula- and E.O. 11593. tion any actions which may otherwise SOURCE: 46 FR 56187, Nov. 16, 1981, unless be taken by the property owner with otherwise noted. respect to the property. (a) The National Register was de- § 60.1 Authorization and expansion of signed to be and is administered as a the National Register. planning tool. Federal agencies under- (a) The National Historic Preserva- taking a project having an effect on a tion Act of 1966, 80 Stat. 915, 16 U.S.C. listed or eligible property must provide 470 et seq., as amended, authorizes the the Advisory Council on Historic Pres- Secretary of the Interior to expand and ervation a reasonable opportunity to maintain a National Register of dis- comment pursuant to section 106 of the tricts, sites, buildings, structures, and National Historic Preservation Act of objects significant in American his- 1966, as amended. The Council has tory, architecture, archeology, engi- adopted procedures concerning, inter neering and culture. The regulations alia, their commenting responsibility herein set forth the procedural require- in 36 CFR part 800. Having complied ments for listing properties on the Na- with this procedural requirement the tional Register. Federal agency may adopt any course (b) Properties are added to the Na- of action it believes is appropriate. tional Register through the following While the Advisory Council comments processes. must be taken into account and inte- (1) Those Acts of Congress and Execu- grated into the decisionmaking proc- tive orders which create historic areas ess, program decisions rest with the of the National Park System adminis- agency implementing the undertaking. tered by the National Park Service, all (b) Listing in the National Register or portions of which may be deter- also makes property owners eligible to mined to be of historic significance be considered for Federal grants-in-aid consistent with the intent of Congress; for historic preservation. (2) Properties declared by the Sec- (c) If a property is listed in the Na- retary of the Interior to be of national tional Register, certain provisions of

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the Tax Reform Act of 1976 as amended Examples by the Revenue Act of 1978 and the Tax Molly Brown House (Denver, CO) Treatment Extension Act of 1980 may Meek Mansion and Carriage House (Hayward, apply. These provisions encourage the CA) preservation of depreciable historic Huron County Courthouse and Jail (Nor- structures by allowing favorable tax walk, OH) treatments for rehabilitation, and dis- Fairntosh Plantation (Durham vicinity, NC) courage destruction of historic build- (b) Chief elected local official. Chief ings by eliminating certain otherwise elected local official means the mayor, available Federal tax provisions both county judge, county executive or oth- for demolition of historic structures erwise titled chief elected administra- and for new construction on the site of tive official who is the elected head of demolished historic buildings. Owners the local political jurisdiction in which of historic buildings may benefit from the property is located. the investment tax credit provisions of (c) Determination of eligibility. A deter- the Revenue Act of 1978. The Economic mination of eligibility is a decision by Recovery Tax Act of 1981 generally re- the Department of the Interior that a places the rehabilitation tax incentives district, site, building, structure or ob- under these laws beginning January 1, ject meets the National Register cri- 1982 with a 25% investment tax credit teria for evaluation although the prop- for rehabilitations of historic commer- cial, industrial and residential build- erty is not formally listed in the Na- ings. This can be combined with a 15- tional Register. A determination of eli- year cost recovery period for the ad- gibility does not make the property el- justed basis of the historic building. igible for such benefits as grants, Historic buildings with certified re- loans, or tax incentives that have list- habilitations receive additional tax ing on the National Register as a pre- savings by their exemption from any requisite. requirement to reduce the basis of the (d) District. A district is a geographi- building by the amount of the credit. cally definable area, urban or rural, The denial of accelerated depreciation possessing a significant concentration, for a building built on the site of a de- linkage, or continuity of sites, build- molished historic building is repealed ings, structures, or objects united by effective January 1, 1982. The Tax past events or aesthetically by plan or Treatment Extension Act of 1980 in- physical development. A district may cludes provisions regarding charitable also comprise individual elements sep- contributions for conservation pur- arated geographically but linked by as- poses of partial interests in histori- sociation or history. cally important land areas or struc- tures. Examples (d) If a property contains surface coal Georgetown Historic District (Washington, resources and is listed in the National DC) Register, certain provisions of the Sur- Martin Luther King Historic District (At- face Mining and Control Act of 1977 re- lanta, GA) quire consideration of a property’s his- Durango-Silverton Narrow-Gauge Railroad toric values in the determination on (right-of-way between Durango and issuance of a surface coal mining per- Silverton, CO) mit. (e) Federal Preservation Officer. The Federal Preservation Officer is the offi- § 60.3 Definitions. cial designated by the head of each (a) Building. A building is a structure Federal agency responsible for coordi- created to shelter any form of human nating that agency’s activities under activity, such as a house, barn, church, the National Historic Preservation Act hotel, or similar structure. Building of 1966, as amended, and Executive may refer to a historically related Order 11593 including nominating prop- complex such as a courthouse and jail erties under that agency’s ownership or or a house and barn. control to the National Register.

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(f) Keeper of the National Register of historical or scientific value that may Historic Places. The Keeper is the indi- be, by nature or design, movable yet vidual who has been delegated the au- related to a specific setting or environ- thority by NPS to list properties and ment. determine their eligibility for the Na- tional Register. The Keeper may fur- Examples ther delegate this authority as he or Delta Queen Steamboat (Cincinnati, OH) she deems appropriate. Adams Memorial (Rock Creek Cemetery, (g) Multiple Resource Format submis- Washington, DC) sion. A Multiple Resource Format sub- Sumpter Valley Gold Dredge (Sumpter, OR) mission for nominating properties to (k) Owner or owners. The term owner the National Register is one which in- or owners means those individuals, cludes all or a defined portion of the partnerships, corporations or public cultural resources identified in a speci- agencies holding fee simple title to fied geographical area. property. Owner or owners does not in- (h) National Park Service (NPS). The clude individuals, partnerships, cor- National Park Service is the bureau of porations or public agencies holding the Department of Interior to which easements or less than fee interests the Secretary of Interior has delegated (including leaseholds) of any nature. the authority and responsibility for ad- (l) Site. A site is the location of a sig- ministering the National Register pro- nificant event, a prehistoric or historic gram. occupation or activity, or a building or (i) National Register Nomination Form. structure, whether standing, ruined, or National Register Nomination Form vanished, where the location itself means (1) National Register Nomina- maintains historical or archeological tion Form NPS 10–900, with accom- value regardless of the value of any ex- panying continuation sheets (where isting structure. necessary) Form NPS 10–900a, maps and photographs or (2) for Federal Examples nominations, Form No. 10–306, with Cabin Creek Battlefield (Pensacola vicinity, continuation sheets (where necessary) OK) Form No. 10–300A, maps and photo- Mound Cemetery Mound (Chester vicinity, graphs. Such nomination forms must OH) be ‘‘adequately documented’’ and Mud Springs Pony Express Station Site (Dal- ‘‘technically and professionally correct ton vicinity, NE) and sufficient.’’ To meet these require- (m) State Historic Preservation Officer. ments the forms and accompanying The State Historic Preservation Officer maps and photographs must be com- is the person who has been designated pleted in accord with requirements and by the Governor or chief executive or guidance in the NPS publication, ‘‘How by State statute in each State to ad- to Complete National Register Forms’’ minister the State Historic Preserva- and other NPS technical publications tion Program, including identifying on this subject. Descriptions and state- and nominating eligible properties to ments of significance must be prepared the National Register and otherwise in accord with standards generally ac- administering applications for listing cepted by academic historians, archi- historic properties in the National Reg- tectural historians and archeologists. ister. The nomination form is a legal docu- (n) State Historic Preservation Program. ment and reference for historical, ar- The State Historic Preservation Pro- chitectural, and archeological data gram is the program established by upon which the protections for listed each State and approved by the Sec- and eligible properties are founded. retary of Interior for the purpose of The nominating authority certifies carrying out the provisions of the Na- that the nomination is adequately doc- tional Historic Preservation Act of umented and technically and profes- 1966, as amended, and related laws and sionally correct and sufficient upon regulations. Such program shall be ap- nomination. proved by the Secretary before the (j) Object. An object is a material State may nominate properties to the thing of functional, aesthetic, cultural, National Register. Any State Historic

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Preservation Program in effect under § 60.4 Criteria for evaluation. prior authority of law before December 12, 1980, shall be treated as an approved The criteria applied to evaluate prop- program until the Secretary approves a erties (other than areas of the National program submitted by the State for Park System and National Historic purposes of the Amendments or Decem- Landmarks) for the National Register ber 12, 1983, unless the Secretary choos- are listed below. These criteria are es to rescind such approval because of worded in a manner to provide for a program deficiencies. wide diversity of resources. The fol- (o) State Review Board. The State Re- lowing criteria shall be used in evalu- view Board is a body whose members ating properties for nomination to the represent the professional fields of National Register, by NPS in reviewing American history, architectural his- nominations, and for evaluating Na- tory, historic architecture, prehistoric tional Register eligibility of prop- and historic archeology, and other pro- erties. Guidance in applying the cri- fessional disciplines and may include teria is further discussed in the ‘‘How citizen members. In States with ap- To’’ publications, Standards & Guide- proved State historic preservation pro- lines sheets and Keeper’s opinions of grams the State Review Board reviews the National Register. Such materials and approves National Register nomi- are available upon request. nations concerning whether or not National Register criteria for evaluation. The they meet the criteria for evaluation quality of significance in American history, prior to their submittal to the NPS. architecture, archeology, engineering, and (p) Structure. A structure is a work culture is present in districts, sites, build- made up of interdependent and inter- ings, structures, and objects that possess in- related parts in a definite pattern of tegrity of location, design, setting, mate- rials, workmanship, feeling, and association organization. Constructed by man, it is and often an engineering project large in (a) that are associated with events that scale. have made a significant contribution to the broad patterns of our history; or Examples (b) that are associated with the lives of Swanton Covered Railroad Bridge (Swanton persons significant in our past; or vicinity, VT) (c) that embody the distinctive character- Old Point Loma Lighthouse (San Diego, CA) istics of a type, period, or method of con- North Point Water Tower (Milwaukee, WI) struction, or that represent the work of a Reber Radio Telescope (Green Bay vicinity, master, or that possess high artistic values, WI) or that represent a significant and distin- guishable entity whose components may (q) Thematic Group Format submission. lack individual distinction; or A Thematic Group Format submission (d) that have yielded, or may be likely to for nominating properties to the Na- yield, information important in prehistory tional Register is one which includes a or history. finite group of resources related to one Criteria considerations. Ordinarily ceme- another in a clearly distinguishable teries, birthplaces, or graves of historical way. They may be related to a single figures, properties owned by religious insti- historic person, event, or develop- tutions or used for religious purposes, struc- tures that have been moved from their origi- mental force; of one building type or nal locations, reconstructed historic build- use, or designed by a single architect; ings, properties primarily commemorative in of a single archeological site form, or nature, and properties that have achieved related to a particular set of archeo- significance within the past 50 years shall logical research problems. not be considered eligible for the National (r) To nominate. To nominate is to Register. However, such properties will qual- propose that a district, site, building, ify if they are integral parts of districts that structure, or object be listed in the Na- do meet the criteria of if they fall within the following categories: tional Register of Historic Places by (a) A religious property deriving primary preparing a nomination form, with ac- significance from architectural or artistic companying maps and photographs distinction or historical importance; or which adequately document the prop- (b) A building or structure removed from erty and are technically and profes- its original location but which is significant sionally correct and sufficient. primarily for architectural value, or which is

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the surviving structure most importantly as- § 60.6 Nominations by the State His- sociated with a historic person or event; or toric Preservation Officer under ap- (c) A birthplace or grave of a historical fig- proved State Historic Preservation ure of outstanding importance if there is no programs. appropriate site or building directly associ- (a) The State Historic Preservation ated with his productive life. Officer is responsible for identifying (d) A cemetery which derives its primary and nominating eligible properties to significance from graves of persons of tran- the National Register. Nomination scendent importance, from age, from distinc- tive design features, or from association forms are prepared under the super- with historic events; or vision of the State Historic Preserva- (e) A reconstructed building when accu- tion Officer. The State Historic Preser- rately executed in a suitable environment vation Officer establishes statewide and presented in a dignified manner as part priorities for preparation and sub- of a restoration master plan, and when no mittal of nominations for all prop- other building or structure with the same as- erties meeting National Register cri- sociation has survived; or teria for evaluation within the State. (f) A property primarily commemorative in All nominations from the State shall intent if design, age, tradition, or symbolic be submitted in accord with the State value has invested it with its own excep- priorities, which shall be consistent tional significance; or with an approved State historic preser- (g) A property achieving significance with- vation plan. in the past 50 years if it is of exceptional im- (b) The State shall consult with local portance. authorities in the nomination process. This exception is described further in NPS The State provides notice of the intent ‘‘How To’’ #2, entitled ‘‘How to Evaluate and to nominate a property and solicits Nominate Potential National Register Prop- written comments especially on the erties That Have Achieved Significance significance of the property and wheth- Within the Last 50 Years’’ which is available from the National Register of Historic er or not it meets the National Reg- Places Division, National Park Service, ister criteria for evaluation. The State United States Department of the Interior, notice also gives owners of private Washington, D.C. 20240. property an opportunity to concur in or object to listing. The notice is car- § 60.5 Nomination forms and informa- ried out as specified in the subsections tion collection. below. (c) As part of the nomination process, (a) All nominations to the National each State is required to notify in writ- Register are to be made on standard ing the property owner(s), except as National Register forms. These forms specified in paragraph (d) of this sec- are provided upon request to the State tion, of the State’s intent to bring the Historic Preservation Officer, partici- nomination before the State Review pating Federal agencies and others by Board. The list of owners shall be ob- the NPS. For archival reasons, no tained from either official land rec- other forms, photocopied or otherwise, ordation records or tax records, which- will be accepted. ever is more appropriate, within 90 (b) The information collection re- days prior to the notification of intent quirements contained in this part have to nominate. If in any State the land been approved by the Office of Manage- recordation or tax records is not the ment and Budget under 44 U.S.C. 3507 most appropriate list from which to ob- and assigned clearance number 1024– tain owners that State shall notify the 0018. The information is being collected Keeper in writing and request approval as part of the nomination of properties that an alternative source of owners to the National Register. This informa- may be used. tion will be used to evaluate the eligi- The State is responsible for notifying bility of properties for inclusion in the only those owners whose names appear National Register under established on the list consulted. Where there is criteria. The obligation to respond is more than one owner on the list, each required to obtain a benefit. separate owner shall be notified. The State shall send the written notifica- tion at least 30 but not more than 75

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days before the State Review Board suggested that a public information meeting. Required notices may vary in meeting be held in the immediate area some details of wording as the States prior to the State Review Board meet- prefer, but the content of notices must ing. If the State wishes to individually be approved by the National Register. notify all property owners, it may do The notice shall give the owner(s) at so, pursuant to procedures specified in least 30 but not more than 75 days to subsection 60.6(c), in which case, the submit written comments and concur State need not publish a general no- in or object in writing to the nomina- tice. tion of such property. At least 30 but (e) For Multiple Resource and The- not more than 75 days before the State matic Group Format submission, each Review Board meeting, the States are district, site, building, structure and also required to notify by the above object included in the submission is mentioned National Register approved treated as a separate nomination for notice the applicable chief elected offi- the purpose of notification and to pro- cial of the county (or equivalent gov- vide owners of private property the op- ernmental unit) and municipal polit- portunity to concur in or object in ical jurisdiction in which the property writing to the nomination in accord is located. The National Register nomi- with this section. nation shall be on file with the State (f) The commenting period following Historic Preservation Program during notifications can be waived only when the comment period and a copy made all property owners and the chief elect- available by mail when requested by ed local official have advised the State the public, or made available at a loca- in writing that they agree to the waiv- tion of reasonable access to all affected property owners, such as a local library er. courthouse, or other public place, prior (g) Upon notification, any owner or to the State Review Board meeting so owners of a private property who wish that written comments regarding the to object shall submit to the State His- nomination can be prepared. toric Preservation Officer a notarized (d) For a nomination with more than statement certifying that the party is 50 property owners, each State is re- the sole or partial owner of the private quired to notify in writing at least 30 property, as appropriate, and objects to but not more than 75 days in advance the listing. In nominations with mul- of the State Review Board meeting the tiple ownership of a single private chief elected local officials of the coun- property or of districts, the property ty (or equivalent governmental unit) will not be listed if a majority of the and municipal political jurisdiction in owners object to listing. Upon receipt which the property or district is lo- of notarized objections respecting a cated. The State shall provide general district or single private property with notice to property owners concerning multiple owners, it is the responsi- the State’s intent to nominate. The bility of the State Historic Preserva- general notice shall be published at tion Officer to ascertain whether a ma- least 30 days but not more than 75 days jority of owners of private property before the State Review Board meeting have objected. If an owner whose name and provide an opportunity for the sub- did not appear on the list certifies in a mission of written comments and pro- written notarized statement that the vide the owners of private property or party is the sole or partial owner of a a majority of such owners for districts nominated private property such owner an opportunity to concur in or object shall be counted by the State Historic in writing to the nomination. Such Preservation Officer in determining general notice must be published in one whether a majority of owners has ob- or more local newspapers of general jected. Each owner of private property circulation in the area of the nomina- in a district has one vote regardless of tion. The content of the notices shall how many properties or what part of be approved by the National Register. one property that party owns and re- If such general notice is used to notify gardless of whether the property con- the property owners for a nomination tributes to the significance of the dis- containing more than 50 owners, it is trict.

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(h) If a property has been submitted opinion concerning whether or not the to and approved by the State Review property meets the criteria for evalua- Board for inclusion in the National tion and the opinion of the State Re- Register prior to the effective date of view Board to the Keeper of the Na- this section, the State Historic Preser- tional Register for a final decision on vation Officer need not resubmit the the listing of the property. The opinion property to the State Review Board; of the State Review Board may be the but before submitting the nomination minutes of the Review Board meeting. to the NPS shall afford owners of pri- The State Historic Preservation Officer vate property the opportunity to con- shall submit such disputed nomina- cur in or object to the property’s inclu- tions if so requested within 45 days of sion in the Register pursuant to appli- the State Review Board meeting by the cable notification procedures described State Review Board or the chief elect- above. (i) [Reserved] ed local official of the local, county or (j) Completed nomination forms or municipal political subdivision in the documentation proposed for sub- which the property is located but need mission on the nomination forms and not otherwise do so. Such nominations comments concerning the significance will be substantively reviewed by the of a property and its eligibility for the Keeper. National Register are submitted to the (m) The State Historic Preservation State Review Board. The State Review Officer shall also submit to the Keeper Board shall review the nomination nominations if so requested under the forms or documentation proposed for appeals process in § 60.12. submission on the nomination forms (n) If the owner of a private property and any comments concerning the or the majority of such owners for a property’s significance and eligibility district or single property with mul- for the National Register. The State tiple owners have objected to the nomi- Review Board shall determine whether nation prior to the submittal of a nom- or not the property meets the National ination, the State Historic Preserva- Register criteria for evaluation and tion Officer shall submit the nomina- make a recommendation to the State tion to the Keeper only for a deter- Historic Preservation Officer to ap- mination of eligibility pursuant to sub- prove or disapprove the nomination. section (s) of this section. (k) Nominations approved by the State Review Board and comments re- (o) The State Historic Preservation ceived are then reviewed by the State Officer signs block 12 of the nomina- Historic Preservation Officer and if he tion form if in his or her opinion the or she finds the nominations to be ade- property meets the National Register quately documented and technically, criteria for evaluation. The State His- professionally, and procedurally cor- toric Preservation Officer’s signature rect and sufficient and in conformance in block 12 certifies that: with National Register criteria for (1) All procedural requirements have evaluation, the nominations are sub- been met; mitted to the Keeper of the National (2) The nomination form is ade- Register of Historic Places, National quately documented; Park Service, United States Depart- (3) The nomination form is tech- ment of the Interior, Washington, D.C. nically and professionally correct and 20240. All comments received by a sufficient; State and notarized statements of ob- (4) In the opinion of the State His- jection to listing are submitted with a toric Preservation Officer, the property nomination. meets the National Register criteria (l) If the State Historic Preservation for evaluation. Officer and the State Review Board dis- agree on whether a property meets the (p) When a State Historic Preserva- National Register criteria for evalua- tion Officer submits a nomination form tion, the State Historic Preservation for a property that he or she does not Officer, if he or she chooses, may sub- believe meets the National Register mit the nomination with his or her

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criteria for evaluation, the State His- that the Keeper substantively review toric Preservation Officer signs a con- the nomination. Such petitions re- tinuation sheet Form NPS 10–900a ex- ceived by the Keeper prior to the list- plaining his/her opinions on the eligi- ing of a property in the National Reg- bility of the property and certifying ister or a determination of its eligi- that: bility where the private owners object (1) All procedural requirements have to listing will be considered by the been met; Keeper and the nomination will be sub- (2) The nomination form is ade- stantively reviewed. quately documented; (u) State Historic Preservation Offi- (3) The nomination form is tech- cers are required to inform the prop- nically and professionally correct and erty owners and the chief elected local sufficient. official when properties are listed in (q) Notice will be provided in the the National Register. In the case of a FEDERAL REGISTER that the nominated nomination where there are more than property is being considered for listing 50 property owners, they may be noti- in the National Register of Historic fied of the entry in the National Reg- Places as specified in § 60.13. ister by the same general notice stated (r) Nominations will be included in in § 60.6(d). States which notify all the National Register within 45 days of property owners individually of entries receipt by the Keeper or designee un- in the National Register need not pub- less the Keeper disapproves a nomina- lish a general notice. tion, an appeal is filed, or the owner of (v) In the case of nominations where private property (or the majority of the owner of private property (or the such owners for a district or single property with multiple owners) objects majority of such owners for a district by notarized statements received by or single property with multiple own- the Keeper prior to listing. Nomina- ers) has objected and the Keeper has tions which are technically or profes- determined the nomination eligible for sionally inadequate will be returned for the National Register, the State His- correction and resubmission. When a toric Preservation Officer shall notify property does not appear to meet the the appropriate chief elected local offi- National Register criteria for evalua- cial and the owner(s) of such property tion, the nomination will be returned of this determination. The general no- with an explanation as to why the tice may be used for properties with property does not meet the National more than 50 owners as described in Register criteria for evaluation. § 60.6(d) or the State Historic Preserva- (s) If the owner of private property tion Officer may notify the owners in- (or the majority of such owners for a dividually. district or single property with mul- (w) If subsequent to nomination a tiple owners) has objected to the nomi- State makes major revisions to a nomi- nation by notarized statement prior to nation or renominates a property re- listing, the Keeper shall review the jected by the Keeper, the State His- nomination and make a determination toric Preservation Officer shall notify of eligibility within 45 days of receipt, the affected property owner(s) and the unless an appeal is filed. The Keeper chief elected local official of the revi- shall list such properties determined sions or renomination in the same eligible in the National Register upon manner as the original notification for receipt of notarized statements from the nomination, but need not resubmit the owner(s) of private property that the nomination to the State Review the owner(s) no longer object to listing. Board. Comments received and nota- (t) Any person or organization which rized statements of objection must be supports or opposes the nomination of forwarded to the Keeper along with the a property by a State Historic Preser- revisions or renomination. The State vation Officer may petition the Keeper Historic Preservation Officer also cer- during the nomination process either tifies by the resubmittal that the af- to accept or reject a nomination. The fected property owner(s) and the chief petitioner must state the grounds of elected local official have been renoti- the petition and request in writing fied. ‘‘Major revisions’’ as used herein

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means revisions of boundaries or im- their jurisdiction or control that ap- portant substantive revisions to the pear to qualify for listing on the Na- nomination which could be expected to tional Register of Historic Places. Ad- change the ultimate outcome as to ditional responsibilities of Federal whether or not the property is listed in agencies are detailed in the National the National Register by the Keeper. Historic Preservation Act of 1966, as (x) Notwithstanding any provision amended, Executive Order 11593, the hereof to the contrary, the State His- National Environmental Policy Act of toric Preservation Officer in the nomi- 1969, the Archeological and Historic nation notification process or other- Preservation Act of 1974, and proce- wise need not make available to any dures developed pursuant to these au- person or entity (except a Federal thorities, and other related legislation. agency planning a project, the property (b) Nomination forms are prepared owner, the chief elected local official of under the supervision of the Federal the political jurisdiction in which the Preservation Officer designated by the property is located, and the local his- head of a Federal agency to fulfill toric preservation commission for cer- agency responsibilities under the Na- tified local governments) specific infor- tional Historic Preservation Act of mation relating to the location of prop- 1966, as amended. erties proposed to be nominated to, or (c) Completed nominations are sub- listed in, the National Register if he or mitted to the appropriate State His- she determines that the disclosure of toric Preservation Officer for review specific information would create a and comment regarding the adequacy risk of destruction or harm to such of the nomination, the significance of properties. the property and its eligibility for the (y) With regard to property under National Register. The chief elected Federal ownership or control, com- local officials of the county (or equiva- pleted nomination forms shall be sub- lent governmental unit) and municipal mitted to the Federal Preservation Of- political jurisdiction in which the ficer for review and comment. The Fed- property is located are notified and eral Preservation Officer, may approve given 45 days in which to comment. the nomination and forward it to the The State Historic Preservation Officer Keeper of the National Register of His- toric Places, National Park Service, signs block 12 of the nomination form United States Department of the Inte- with his/her recommendation. rior, Washington, D.C. 20240. (d) After receiving the comments of the State Historic Preservation Officer, [46 FR 56187, Nov. 16, 1981, as amended at 48 and chief elected local official, or if FR 46308, Oct. 12, 1983] there has been no response within 45 §§ 60.7–60.8 [Reserved] days, the Federal Preservation Officer may approve the nomination and for- § 60.9 Nominations by Federal agen- ward it to the Keeper of the National cies. Register of Historic Places, National (a) The National Historic Preserva- Park Service, United States Depart- tion Act of 1966, as amended, requires ment of the Interior, Washington, D.C. that, with the advice of the Secretary 20240. The Federal Preservation Officer and in cooperation with the State His- signs block 12 of the nomination form toric Preservation Officer of the State if in his or her opinion the property involved, each Federal agency shall es- meets the National Register criteria tablish a program to locate, inventory for evaluation. The Federal Preserva- and nominate to the Secretary all tion Officer’s signature in block 12 cer- properties under the agency’s owner- tifies that: ship or control that appear to qualify (1) All procedural requirements have for inclusion on the National Register. been met; Section 2(a) of Executive Order 11593 (2) The nomination form is ade- provides that Federal agencies shall lo- quately documented; cate, inventory, and nominate to the (3) The nomination form is tech- Secretary of the Interior all sites, nically and professionally correct and buildings, districts, and objects under sufficient;

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(4) In the opinion of the Federal Pres- cept or reject a nomination. The peti- ervation Officer, the property meets tioner must state the grounds of the the National Register criteria for eval- petition and request in writing that uation. the Keeper substantively review the (e) When a Federal Preservation Offi- nomination. Such petition received by cer submits a nomination form for a the Keeper prior to the listing of a property that he or she does not be- property in the National Register or a lieve meets the National Register cri- determination of its eligibility where teria for evaluation, the Federal Pres- the private owner(s) object to listing ervation Officer signs a continuation will be considered by the Keeper and sheet Form NPS 10–900a explaining his/ the nomination will be substantively her opinions on the eligibility of the reviewed. property and certifying that: (1) All procedural requirements have § 60.10 Concurrent State and Federal been met; nominations. (2) The nomination form is ade- (a) State Historic Preservation Offi- quately documented; cers and Federal Preservation Officers (3) The nomination form is tech- are encouraged to cooperate in locat- nically and professionally correct and ing, inventorying, evaluating, and sufficient. nominating all properties possessing (f) The comments of the State His- historical, architectural, archeological, toric Preservation Officer and chief or cultural value. Federal agencies local official are appended to the nomi- may nominate properties where a por- nation, or, if there are no comments tion of the property is not under Fed- from the State Historic Preservation eral ownership or control. Officer an explanation is attached. (b) When a portion of the area in- Concurrent nominations (see § 60.10) cluded in a Federal nomination is not cannot be submitted, however, until located on land under the ownership or the nomination has been considered by control of the Federal agency, but is an the State in accord with Sec. 60.6, integral part of the cultural resource, supra. Comments received by the State the completed nomination form shall concerning concurrent nominations be sent to the State Historic Preserva- and notarized statements of objection tion Officer for notification to property must be submitted with the nomina- owners, to give owners of private prop- tion. erty an opportunity to concur in or ob- (g) Notice will be provided in the ject to the nomination, to solicit writ- FEDERAL REGISTER that the nominated ten comments and for submission to property is being considered for listing the State Review Board pursuant to in the National Register of Historic the procedures in § 60.6. Places in accord with § 60.13. (c) If the State Historic Preservation (h) Nominations will be included in Officer and the State Review Board the National Register within 45 days of agree that the nomination meets the receipt by the Keeper or designee un- National Register criteria for evalua- less the Keeper disapproves such nomi- tion, the nomination is signed by the nation or an appeal is filed. Nomina- State Historic Preservation Officer and tions which are technically or profes- returned to the Federal agency initi- sionally inadequate will be returned for ating the nomination. If the State His- correction and resubmission. When a toric Preservation Officer and the property does not appear to meet the State Review Board disagree, the nomi- National Register criteria for evalua- nation shall be returned to the Federal tion, the nomination will be returned agency with the opinions of the State with an explanation as to why the Historic Preservation Officer and the property does not meet the National State Review Board concerning the Register criteria for evaluation. adequacy of the nomination and wheth- (i) Any person or organization which er or not the property meets the cri- supports or opposes the nomination of teria for evaluation. The opinion of the a property by a Federal Preservation State Review Board may be the min- Officer may petition the Keeper during utes of the State Review Board meet- the nomination process either to ac- ing. The State Historic Preservation

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Officer’s signed opinion and comments shall comply with the notification re- shall confirm to the Federal agency quirements in § 60.6 and schedule the that the State nomination procedures property for presentation at the ear- have been fulfilled including notifica- liest possible State Review Board tion requirements. Any comments re- meeting. Scheduling shall be con- ceived by the State shall be included sistent with the State’s established pri- with the letter as shall any notarized orities for processing nominations. If statements objecting to the listing of the nomination form is adequately doc- private property. umented, but the property does not ap- (d) If the owner of any privately pear to meet National Register criteria owned property, (or a majority of the for evaluation, the State Historic Pres- owners of such properties within a dis- ervation Officer need not process the trict or single property with multiple nomination, unless so requested by the owners) objects to such inclusion by Keeper pursuant to § 60.12. notarized statement(s) the Federal His- (d) The State Historic Preservation toric Preservation Officer shall submit Officer’s response shall advise the ap- the nomination to the Keeper for re- plicant of the property’s position in ac- view and a determination of eligibility. cord with the State’s priorities for Comments, opinions, and notarized processing nominations and of the ap- statements of objection shall be sub- proximate date the applicant can ex- mitted with the nomination. pect its consideration by the State Re- (e) The State Historic Preservation view Board. The State Historic Preser- Officer shall notify the non-Federal vation Officer shall also provide notice owners when a concurrent nomination to the applicant of the time and place is listed or determined eligible for the of the Review Board meeting at least 30 National Register as required in § 60.6. but not more than 75 days before the meeting, as well as complying with the § 60.11 Requests for nominations. notification requirements in § 60.6. (a) The State Historic Preservation (e) Upon action on a nomination by Officer or Federal Preservation Officer the State Review Board, the State His- as appropriate shall respond in writing toric Preservation Officer shall, within within 60 days to any person or organi- 90 days, submit the nomination to the zation submitting a completed Na- National Park Service, or, if the State tional Register nomination form or re- Historic Preservation Officer does not questing consideration for any pre- consider the property eligible for the viously prepared nomination form on National Register, so advise the appli- record with the State or Federal agen- cant within 45 days. cy. The response shall provide a tech- (f) If the applicant substantially re- nical opinion concerning whether or vises a nomination form as a result of not the property is adequately docu- comments by the State or Federal mented and appears to meet the Na- agency, it may be treated by the State tional Register criteria for evaluation Historic Preservation Officer or Fed- in § 60.4. If the nomination form is de- eral Preservation Officer as a new sub- termined to be inadequately docu- mittal and reprocessed in accord with mented, the nominating authority the requirements in this section. (g) The Federal Preservation Officer shall provide the applicant with an ex- shall request the comments of the planation of the reasons for that deter- State Historic Preservation Officer and mination. (b) If the nomination form does not notify the applicant in writing within appear to be adequately documented, 90 days of receipt of an adequately doc- upon receiving notification, it shall be umented nomination form as to wheth- the responsibility of the applicant to er the Federal agency will nominate provide necessary additional docu- the property. The Federal Preservation mentation. Officer shall submit an adequately doc- (c) If the nomination form appears to umented nomination to the National be adequately documented and if the Park Service unless in his or her opin- property appears to meet the National ion the property is not eligible for the Register criteria for evaluation, the National Register. State Historic Preservation Officer [48 FR 46308, Oct. 12, 1983]

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§ 60.12 Nomination appeals. pursuant to §§ 60.6 or 60.9 and submit (a) Any person or local government the nomination to the Keeper without may appeal to the Keeper the failure or delay. (d) State Historic Preservation Offi- refusal of a nominating authority to cers and Federal Preservation Officers nominate a property that the person or shall process and submit such nomina- local government considers to meet the tions if so requested by the Keeper pur- National Register criteria for evalua- suant to this section. The Secretary re- tion upon decision of a nominating au- serves the right to list properties in thority to not nominate a property for the National Register or determine any reason when requested pursuant to properties eligible for such listing on § 60.11, or upon failure of a State His- his own motion when necessary to as- toric Preservation Officer to nominate sist in the preservation of historic re- a property recommended by the State sources and after notifying the owner Review Board. (This action differs from and appropriate parties and allowing the procedure for appeals during the re- for a 30-day comment period. view of a nomination by the National (e) No person shall be considered to Park Service where an individual or or- have exhausted administrative rem- ganization may ‘‘petition the Keeper edies with respect to failure to nomi- during the nomination process,’’ as nate a property to the National Reg- specified in §§ 60.6(t) and 60.9(i). Upon ister until he or she has complied with receipt of such petition the normal 45- procedures set forth in this section. day review period will be extended for The decision of the Keeper is the final 30 days beyond the date of the petition administrative action on such appeals. to allow the petitioner to provide addi- tional documentation for review.) [48 FR 46308, Oct. 12, 1983] (b) Such appeal shall include a copy of the nomination form and docu- § 60.13 Publication in the Federal Reg- mentation previously submitted to the ister and other NPS notification. State Historic Preservation Officer or (a) When a nomination is received, Federal Preservation Officer, an expla- NPS will publish notice in the FEDERAL nation of why the applicant is submit- REGISTER that the property is being ting the appeal in accord with this sec- considered for listing in the National tion and shall include pertinent cor- Register. A 15-day commenting period respondence from the State Historic from date of publication will be pro- Preservation Officer or Federal Preser- vided. When necessary to assist in the vation Officer. preservation of historic properties this (c) The Keeper will respond to the ap- 15-day period may be shortened or pellant and the State Historic Preser- waived. vation Officer or Federal Preservation (b) NPS shall notify the appropriate Officer with a written explanation ei- State Historic Preservation Officer, ther denying or sustaining the appeal Federal Preservation Officer, person or within 45 days of receipt. If the appeal local government when there is no ap- is sustained, the Keeper will: proved State program of the listing of (1) Request the State Historic Preser- the property in the National Register vation Officer or Federal Preservation and will publish notice of the listing in Officer to submit the nomination to the FEDERAL REGISTER. the Keeper within 15 days if the nomi- (c) In nominations where the owner nation has completed the procedural of any privately owned property (or a requirements for nomination as de- majority of the owners of such prop- scribed in §§ 60.6 or 60.9 except that con- erties within a district or single prop- currence of the State Review Board, erty with multiple owners) has ob- State Historic Preservation Officer or jected and the Keeper has determined Federal Preservation Officer is not re- the nomination eligible for the Na- quired; or tional Register, NPS shall notify the (2) If the nomination has not com- State Historic Preservation Officer, the pleted these procedural requirements, Federal Preservation Officer (for Fed- request the State Historic Preservation eral or concurrent nominations), the Officer or Federal Preservation Officer person or local government where to promptly process the nomination there is no approved State Historic

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Preservation Program and the Advi- photographing the historic resources sory Council on Historic Preservation. falling between the existing boundary NPS will publish notice of the deter- and the other proposed boundary. mination of eligibility in the FEDERAL (b) Relocating properties listed in the REGISTER. National Register. (1) Properties listed in the National Register should be § 60.14 Changes and revisions to prop- moved only when there is no feasible erties listed in the National Reg- alternative for preservation. When a ister. property is moved, every effort should (a) Boundary changes. (1) A boundary be made to reestablish its historic ori- alteration shall be considered as a new entation, immediate setting, and gen- property nomination. All forms, cri- eral environment. teria and procedures used in nomi- (2) If it is proposed that a property nating a property to the National Reg- listed in the National Register be ister must be used. In the case of moved and the State Historic Preserva- boundary enlargements only those tion Officer, Federal agency for a prop- owners in the newly nominated as yet erty under Federal ownership or con- unlisted area need be notified and will trol, or person or local government be counted in determining whether a where there is no approved State His- majority of private owners object to toric Preservation Program, wishes the listing. In the case of a diminution of a property to remain in the National boundary, owners shall be notified as Register during and after the move, the specified in § 60.15 concerning removing State Historic Preservation Officer or properties from the National Register. Federal Preservation Officer having A professionally justified recommenda- ownership or control or person or local tion by the State Historic Preservation government where there is no approved Officer, Federal Preservation Officer, State Historic Preservation Program, or person or local government where shall submit documentation to NPS there is no approved State Historic prior to the move. The documentation Preservation Program shall be pre- shall discuss: sented to NPS. During this process, the (i) The reasons for the move; property is not taken off the National (ii) The effect on the property’s his- Register. If the Keeper or his or her torical integrity; designee finds the recommendation in (iii) The new setting and general en- accordance with the National Register vironment of the proposed site, includ- criteria for evaluation, the change will ing evidence that the proposed site be accepted. If the boundary change is does not possess historical or archeo- not accepted, the old boundaries will logical significance that would be ad- remain. Boundary revisions may be ap- versely affected by the intrusion of the pealed as provided for in §§ 60.12 and property; and 60.15. (iv) Photographs showing the pro- (2) Four justifications exist for alter- posed location. ing a boundary: Professional error in (3) Any such proposal with respect to the initial nomination, loss of historic the new location shall follow the re- integrity, recognition of additional sig- quired notification procedures, shall be nificance, additional research docu- approved by the State Review Board if menting that a larger or smaller area it is a State nomination and shall con- should be listed. No enlargement of a tinue to follow normal review proce- boundary should be recommended un- dures. The Keeper shall also follow the less the additional area possesses pre- required notification procedures for viously unrecognized significance in nominations. The Keeper shall respond American history, architecture, arche- to a properly documented request with- ology, engineering or culture. No dimi- in 45 days of receipt from the State nution of a boundary should be rec- Historic Preservation Officer or Fed- ommended unless the properties being eral Preservation Officer, or within 90 removed do not meet the National Reg- days of receipt from a person or local ister criteria for evaluation. Any pro- government where there is no approved posal to alter a boundary has to be doc- State Historic Preservation Program, umented in detail including concerning whether or not the move is

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approved. Once the property is moved, new site does not possess historical or the State Historic Preservation Officer, archeological significance that would Federal Preservation Officer, or person be adversely affected by intrusion of or local government where there is no the property. approved State Historic Preservation In addition, new photographs, acreage, Program shall submit to the Keeper for verbal boundary description and a review: U.S.G.S. map showing the structure at (i) A letter notifying him or her of its new location must be sent along the date the property was moved; with the revised nomination. Any such (ii) Photographs of the property on nomination submitted by a State must its new site; and be approved by the State Review (iii) Revised maps, including a Board. U.S.G.S. map, (iv) Acreage, and (5) Properties moved in a manner (v) Verbal boundary description. consistent with the comments of the Advisory Council on Historic Preserva- The Keeper shall respond to a properly tion, in accord with its procedures (36 documented submittal within 45 days CFR part 800), are granted as exception of receipt with the final decision on to § 60.12(b). Moving of properties in ac- whether the property will remain in cord with the Advisory Council’s proce- the National Register. If the Keeper ap- dures should be dealt with individually proves the move, the property will re- in each memorandum of agreement. In main in the National Register during such cases, the State Historic Preser- and after the move unless the integrity vation Officer or the Federal Preserva- of the property is in some unforeseen tion Officer, for properties under Fed- manner destroyed. If the Keeper does eral ownership or control, shall notify not approve the move, the property the Keeper of the new location after will be automatically deleted from the the move including new documentation National Register when moved. In as described above. cases of properties removed from the National Register, if the State, Federal § 60.15 Removing properties from the agency, or person or local government National Register. where there is no approved State His- toric Preservation Program has ne- (a) Grounds for removing properties glected to obtain prior approval for the from the National Register are as fol- move or has evidence that previously lows: unrecognized significance exists, or has (1) The property has ceased to meet accrued, the State, Federal agency, the criteria for listing in the National person or local government may resub- Register because the qualities which mit a nomination for the property. caused it to be originally listed have (4) In the event that a property is been lost or destroyed, or such quali- moved, deletion from the National ties were lost subsequent to nomina- Register will be automatic unless the tion and prior to listing; above procedures are followed prior to (2) Additional information shows the move. If the property has already that the property does not meet the been moved, it is the responsibility of National Register criteria for evalua- the State, Federal agency or person or tion; local government which nominated the (3) Error in professional judgment as property to notify the National Park to whether the property meets the cri- Service. Assuming that the State, Fed- teria for evaluation; or eral agency or person or local govern- (4) Prejudicial procedural error in the ment wishes to have the structure re- nomination or listing process. Prop- entered in the National Register, it erties removed from the National Reg- must be nominated again on new forms ister for procedural error shall be re- which should discuss: considered for listing by the Keeper (i) The reasons for the move; after correction of the error or errors (ii) The effect on the property’s his- by the State Historic Preservation Of- torical integrity, and ficer, Federal Preservation Officer, per- (iii) The new setting and general en- son or local government which origi- vironment, including evidence that the nally nominated the property, or by

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the Keeper, as appropriate. The proce- (e) The State Historic Preservation dures set forth for nominations shall be Officer or Federal Preservation Officer followed in such reconsiderations. Any shall respond in writing within 45 days property or district removed from the of receipt to petitions for removal of National Register for procedural defi- property from the National Register. ciencies in the nomination and/or list- The response shall advise the peti- ing process shall automatically be con- tioner of the State Historic Preserva- sidered eligible for inclusion in the Na- tion Officer’s or Federal Preservation tional Register without further action Officer’s views on the petition. and will be published as such in the (f) A petitioner desiring to pursue his FEDERAL REGISTER. removal request must notify the State (b) Properties listed in the National Historic Preservation Officer or the Register prior to December 13, 1980, Federal Preservation Officer in writing may only be removed from the Na- within 45 days of receipt of the written tional Register on the grounds estab- views on the petition. lished in paragraph (a)(1) of this sec- (g) The State Historic Preservation tion. Officer may elect to have a property (c) Any person or organization may considered for removal according to petition in writing for removal of a the State’s nomination procedures un- property from the National Register by less the petition is on procedural setting forth the reasons the property grounds and shall schedule it for con- should be removed on the grounds es- sideration by the State Review Board tablished in paragraph (a) of this sec- as quickly as all notification require- tion. With respect to nominations de- ments can be completed following pro- termined eligible for the National Reg- cedures outlined in § 60.6, or the State ister because the owners of private Historic Preservation Officer may elect property object to listing, anyone may to forward the petition for removal to petition for reconsideration of whether the Keeper with his or her comments or not the property meets the criteria without State Review Board consider- for evaluation using these procedures. ation. Petitions for removal are submitted to (h) Within 15 days after receipt of the the Keeper by the State Historic Pres- petitioner’s notification of intent to ervation Officer for State nominations, pursue his removal request, the State the Federal Preservation Officer for Historic Preservation Officer shall no- Federal nominations, and directly to tify the petitioner in writing either the Keeper from persons or local gov- that the State Review Board will con- ernments where there is no approved sider the petition on a specified date or State Historic Preservation Program. that the petition will be forwarded to (d) Petitions submitted by persons or the Keeper after notification require- local governments where there is no ments have been completed. The State approved State Historic Preservation Historic Preservation Officer shall for- Program shall include a list of the ward the petitions to the Keeper for re- owner(s). In such cases the Keeper shall view within 15 days after notification notify the affected owner(s) and the requirements or Review Board consid- chief elected local official and give eration, if applicable, have been com- them an opportunity to comment. For pleted. approved State programs, the State (i) Within 15 days after receipt of the Historic Preservation Officer shall no- petitioner notification of intent to pur- tify the affected owner(s) and chief sue his petition, the Federal Preserva- elected local official and give them an tion Officer shall forward the petition opportunity to comment prior to sub- with his or her comments and those of mitting a petition for removal. The the State Historic Preservation Officer Federal Preservation Officer shall no- to the Keeper. tify and obtain the comments of the (j) The Keeper shall respond to a peti- appropriate State Historic Preserva- tion for removal within 45 days of re- tion Officer prior to forwarding an ap- ceipt, except where the Keeper must peal to NPS. All comments and opin- notify the owners and the chief elected ions shall be submitted with the peti- local official. In such cases the Keeper tion. shall respond within 90 days of receipt.

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The Keeper shall notify the petitioner 61.4 State programs. and the applicable State Historic Pres- 61.5 Grants to State programs. ervation Officer, Federal Preservation 61.6 Certified local government programs. Officer, or person or local government 61.7 Subgrants to certified local govern- where there is no approved State His- ments. 61.8 Tribal programs. [Reserved] toric Preservation Program, of his de- 61.9 Grants to tribal programs. [Reserved] cision. The State Historic Preservation 61.10 Waiver. Officer or Federal Preservation Officer 61.11 Information collection. transmitting the petition shall notify AUTHORITY: 16 U.S.C. 470 et seq. the petitioner, the owner(s), and the chief elected local official in writing of SOURCE: 64 FR 11742, Mar. 9, 1999, unless the decision. The Keeper will provide otherwise noted. such notice for petitions from persons or local governments where there is no § 61.1 Authorization. approved State Historic Preservation The National Historic Preservation Program. The general notice may be Act of 1966, as amended (16 U.S.C. 470 et used for properties with more than 50 seq.): owners. If the general notice is used it (a) Requires the Secretary of the In- shall be published in one or more news- terior (Secretary) to promulgate regu- papers with general circulation in the lations for: area of the nomination. (1) Approving and overseeing State (k) The Keeper may remove a prop- historic preservation programs; erty from the National Register on his (2) Certifying local governments to own motion on the grounds established carry out the purposes of the Act; in paragraph (a) of this section, except (3) Ensuring that applicable State for those properties listed in the Na- Historic Preservation Officers (SHPOs) tional Register prior to December 13, allocate to certified local governments 1980, which may only be removed from (CLGs) a share of grants that the the National Register on the grounds SHPOs receive under the Act; and established in paragraph (a)(1) of this (4) Assisting Indian tribes in pre- section. In such cases, the Keeper will serving their particular ‘‘historic prop- notify the nominating authority, the erties’’ (as defined by the Act); affected owner(s) and the applicable (b) Directs the Secretary to admin- chief elected local official and provide ister a program of grants-in-aid to them an opportunity to comment. States and Indian tribes for historic Upon removal, the Keeper will notify preservation projects and programs the nominating authority of the basis that the Secretary has approved; and for the removal. The State Historic (c) Requires the Secretary to make Preservation Officer, Federal Preserva- available information concerning pro- tion Officer, or person or local govern- fessional standards, methods, and tech- ment which nominated the property niques for the preservation of ‘‘historic shall notify the owner(s) and the chief properties’’ (as defined by the Act) and elected local official of the removal. the administration of historic preser- (l) No person shall be considered to vation programs. have exhausted administrative rem- edies with respect to removal of a prop- § 61.2 Definitions. erty from the National Register until As used in this part: the Keeper has denied a petition for re- (a) All terms that the National His- moval pursuant to this section. toric Preservation Act of 1966, as amended, defines have the same mean- PART 61—PROCEDURES FOR STATE, ing in the regulations in this part that TRIBAL, AND LOCAL GOVERN- the statute provides; see especially sec- MENT HISTORIC PRESERVATION tions 101(a)(1)(A), 101(b), 101(c)(4), 108, PROGRAMS and 301. (b) Act means the National Historic Sec. Preservation Act of 1966, as amended, 61.1 Authorization. (16 U.S.C. 470 et seq.). 61.2 Definitions. (c) Chief elected local official means 61.3 Implementation of this part. the elected head of a local government.

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