360 Part 60—National Register of Historic Places
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§§ 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 360 VerDate Sep<11>2014 08:24 Nov 29, 2020 Jkt 250144 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 Y:\SGML\250144.XXX 250144 National Park Service, Interior § 60.3 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. 361 VerDate Sep<11>2014 08:24 Nov 29, 2020 Jkt 250144 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Y:\SGML\250144.XXX 250144 § 60.3 36 CFR Ch. I (7–1–20 Edition) (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.