[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR60.12]

[Page 303]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 60--NATIONAL REGISTER OF HISTORIC PLACES--Table of Contents
 
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 
Secs. 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 Secs. 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 
Secs. 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.

[48 FR 46308, Oct. 12, 1983]