[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR62.4]

[Page 316-319]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 62--NATIONAL NATURAL LANDMARKS PROGRAM--Table of Contents
 
Sec. 62.4  Natural landmark designation and recognition process.

    (a) Identification. Potential national natural landmarks are 
identified in the following manner.
    (1) Natural region studies. The NPS conducts inventories of the 
characteristic biological and geological features in each natural region 
to provide a scientific basis for identifying potential national natural 
landmarks. The NPS is responsible for the completion of these studies, 
which are generally done by qualified scientists under contract. A study 
provides a classification and description of biological and geological 
features in that natural region and an annotated list of areas that 
illustrate those features. During a study, the NPS or any representative 
of the NPS may enter onto land only after receiving written permission 
from the owner(s) of that land, except when the land is publicly owned 
land and otherwise open to the public.
    (2) Other entities. (i) Any public or private entity may suggest an 
area for study and possible national natural landmark designation. The 
entities include:
    (A) Federal agency programs that conduct inventories in order to 
identify areas of special interest, for example, essential wildlife 
habitat, research natural areas, and areas of critical environmental 
concern; and
    (B) State natural area programs that systematically and 
comprehensively classify, identify, locate and assess the protective 
status of the biological and geological features located in a State.
    (ii) If an individual, agency or organization that suggests an area 
for national natural landmark consideration is not the owner of the 
area, written permission of the owner(s) is required to enter onto the 
PNNL to gather information, except when the land is publicly owned and 
otherwise open to the public.
    (3) After receiving the suggestions from a natural region study and 
suggestions from other sources, the NPS determines which PNNL merit 
further study for possible national natural landmark designation. This 
determination is based on comparison with existing national natural 
landmarks in the natural region, the national natural landmark criteria 
(see Sec. 62.5) and other information.
    (b) First Notification. (1) Before a potential national natural 
landmark is evaluated by scientists as described in paragraph (c) of 
this section, the NPS notifies the owner(s) in writing, except as 
specified in paragraph (b)(2) of this section.
    (i) This notice advises the owner(s) that the PNNL is being 
considered for study for possible national natural landmark designation 
and provides information on the National Natural Landmarks Program, 
including an explanation of the effects of national natural landmark 
designation as described in Sec. 62.3.
    (ii) The notice also provides the owner with available information 
on the area and its tentatively identified significance, solicits the 
owner's comments on the area, including any information on current or 
anticipated land use or activities that may affect the area's natural 
values, integrity, or other matters of concern, and informs the owner of 
the source of the suggestion for consideration.
    (iii) The notice also requests owner permission to enter the 
property, unless the area is otherwise open to the public, so the NPS or 
its representative can conduct an on-site evaluation of the PNNL as 
described under paragraph (c) of this section, and advises the owner of 
the procedures the NPS will follow in considering the PNNL for possible 
designation.
    (2) Before a potential national natural landmark having 50 or more 
owners is evaluated by scientists as described in paragraph (c) of this 
section, the NPS provides general notice to property owners. This 
general notice is published in one or more local newspapers of general 
circulation in the area in which the potential national natural landmark 
is located. The notice provides the same information

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listed under paragraph (b)(1) of this section.
    (3) During an on-site evaluation as described in paragraph (c) of 
this section, the NPS or any representative of the NPS will not enter 
onto land without permission from the owner(s), except when the land is 
publicly owned and otherwise open to the public. The NPS may complete 
evaluations of PNNL by using other information, including information 
that was previously gathered by other Federal or State agencies or 
gained from other scientific studies. The NPS notifies owners if areas 
are evaluated from existing information not requiring land entry.
    (4) The described procedures for providing written notification to 
owners and receiving responses from owners about the first notification 
are the responsibility of the NPS and cannot be delegated to any 
representative of the NPS.
    (c) Evaluation. (1) The NPS uses the national natural landmark 
criteria in Sec. 62.5 to evaluate the potential natural landmark. 
Potential national natural landmarks are evaluated on a natural region 
basis; i.e., similar areas that represent a particular type of feature 
located in the same natural region are compared to identify examples 
that are most illustrative and have the most intact, undisturbed 
integrity.
    (2) Evaluations are done by qualified scientists who are familiar 
with the natural region and its types of biological and geological 
features. Evaluators make a detailed description of the area, including 
a proposed boundary map, and assess its regional standing using the 
national natural landmark criteria (see Sec. 62.5) and any additional 
information provided by the NPS. Evaluation reports must have been 
completed or updated within the previous 2 years in order to be 
considered by the NPS.
    (3) Completed evaluation reports are reviewed by no fewer than three 
peer reviewers, who are scientists familiar with the biological or 
geological features of the area or natural region. These reviewers 
provide the NPS with information on the scientific merit and strength of 
supportive documentation in the evaluation report. On the basis of 
evaluation report(s) and the findings of the peer reviewers, the NPS 
makes a determination that:
    (i) The PNNL does or does not appear to qualify for national natural 
landmark designation; or
    (ii) Additional information is required before a decision can be 
made about the status of the PNNL.
    (4) When a PNNL does not seem to qualify for national natural 
landmark designation, the NPS notifies the owner(s) as prescribed in 
paragraphs (b)(1) and (2) of this section.
    (d) Second Notification. (1) When the Director determines that an 
area meets the criteria for national significance, the NPS notifies the 
owner(s) in writing, except as specified in paragraph (d)(2) of this 
section.
    (i) The notice references the rules in this part, advises the owners 
of the procedures the NPS follows and of the effects of national natural 
landmark designation as described in Sec. 62.3, provides the owner(s) 
with a copy of the evaluation report, and provides the owner(s) with the 
opportunity to comment. The list of owners must be obtained from 
official land or tax records, whichever is most appropriate, within 90 
days before issuing the second notification.
    (ii) If in any State the land or tax records are not helpful, the 
NPS can seek alternative sources to identify the owners.
    (iii) The NPS is responsible for notifying only owners whose names 
appear on the list.
    (2) If an area has more than 50 owners, the NPS provides a general 
notice to the property owners. NPS will publish a general notice in one 
or more local newspapers of general circulation in the region in which 
the area is located. A copy of the evaluation report is made available 
on request. In addition, the NPS may conduct a public information 
meeting, if widespread local public interest warrants it or if requested 
by the executive of the local governmental jurisdiction in which the 
area is located.
    (3) In addition, NPS notifies appropriate authorities, organizations 
and individuals. The notices reference these rules and advise the 
recipient of the proposed action, of the procedures

[[Page 318]]

the NPS follows, and of the effects of national natural landmark 
designation as described in Sec. 62.3. Notice of the proposed action is 
published also in the Federal Register. NPS will notify:
    (i) The executive of the local governmental jurisdiction in which 
the area (PNNL) is located;
    (ii) The governor of the State;
    (iii) Other appropriate State officials;
    (iv) Senators and members of Congress who represent the district in 
which the area is located;
    (v) Native American tribal governments and native villages and 
corporations in the region; and
    (vi) Other interested authorities, organizations and individuals as 
deemed appropriate.
    (4) All notified entities, including non-owners, have 60 days to 
provide comments before NPS decides whether the area meets the criteria 
for national significance. To assist in the evaluation of a area, 
comments should, among other factors, discuss the area's features and 
integrity. Information is also welcome on current or anticipated land 
use or threats that could effect the area. Any party may request a 
reasonable extension of the comment period when additional time is 
required to study and comment on a landmark proposal. The Director may 
grant these requests if he or she determines they are in the public 
interest. All comments received are considered in the national natural 
landmark designation process.
    (5) Upon individual or general notification, any owner of private 
property within a PNNL who wishes to object to national natural landmark 
designation must submit a notarized statement to the Director to certify 
that he or she is the sole or partial owner of record and he or she 
objects to the designation. These statements will be submitted during 
the 60-day comment period. Upon receipt of objections to the designation 
of a PNNL consisting of multiple parcels of land, the NPS must determine 
how much of it consists of owners who object to designation. If an owner 
whose name is not on the ownership list developed by the NPS certifies 
in a notarized statement that he or she is the sole or partial owner of 
the area, NPS will take into account his or her views about designation. 
In circumstances where a single parcel of land within a PNNL has more 
than one fee simple owner, an objection to designation of that property 
must be submitted by a majority of the owners.
    (6) All described procedures for the notification of owners and 
receiving responses from owners in the second notification process are 
the responsibility of the NPS and cannot be delegated to any 
representative of the NPS.
    (e) Significance determination. (1) NPS will review all 
documentation including, but not limited to, evaluation reports, peer 
reviews, and received comments. If NPS determines that a PNNL does not 
meet the criteria for national significance (see Sec. 62.5), the NPS 
will notify the owner(s) in writing that their land is no longer under 
consideration for national natural landmark designation. If PNNL are 
owned by 50 or more parties, the NPS will publish a general notice as 
described in paragraph (d)(2) of this section. In addition, the NPS will 
notify in writing officials, individuals and organizations notified 
under paragraph (d)(3) of this section.
    (2) When the NPS determines that a PNNL meets the criteria for 
national significance, the NPS determines whether any private property 
owners submitted valid written objection to designation.
    (f) Areas meeting criteria. When the Director of NPS determines by 
all available information that a PNNL meets the criteria for national 
significance, but some private property owners submitted written 
objections to the proposed national natural landmark designation, the 
NPS maintains all this information about the area and which shall be 
available as part of the environmental analysis for any major federal 
action for purposes of NEPA which impacts the NNL or these other lands. 
Notice of this action is provided by the NPS to the owners as specified 
in paragraphs (d)(1) and (2) of this section and to officials, 
individuals and organizations notified under paragraph (d)(3) of this 
section. If some but not all of the property owners within a PNNL object 
to designation, the NPS will exclude the objecting properties and 
proceed with the process only if enough area remains of non-objecting 
properties to

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allow sufficient representation of the significant natural features.
    (g) National Park System Advisory Board. (1) The Director of the NPS 
reviews the documentation of each area that meets the criteria for 
national significance. When the Director determines that the 
requirements of this part were met and that enough non-objecting valid 
private property owners exist to encompass an adequate portion of the 
nationally significant features, the Director submits the information on 
the area (PNNL) to the National Park System Advisory Board. The board 
reviews the information and recommends whether or not the land with 
consenting owners qualifies for national natural landmark designation.
    (2) Notice of Advisory Board meetings to review national natural 
landmark nominations and meeting agendas are provided at least 60 days 
in advance of the meeting by publication in the Federal Register. The 
NPS also mails copies of the notice directly to consenting owners of 
areas that are to be considered at each meeting. Interested parties are 
encouraged to submit written comments and recommendations that will be 
presented to the board. Interested parties may also attend the board 
meeting and upon request may address the board concerning an area's 
national significance.
    (h) Submission to the Secretary. The Director submits the 
recommendation of the Advisory Board and materials that the Director 
developed to the Secretary for consideration of the nominated area for 
national natural landmark designation.
    (i) Designation. The Secretary reviews the materials that the 
Director submitted and any other documentation and makes a decision on 
national natural landmark designation. Areas that the Secretary 
designates as national natural landmarks are added to the National 
Registry of Natural Landmarks.
    (j) Third notification. When the Secretary designates an area as a 
national natural landmark, the Secretary notifies in writing the 
landmark owner(s) of areas with fewer than 50 owners. A general notice 
of designated areas with 50 or more owners is published in one or more 
local newspapers of general circulation in the area. The Secretary also 
notifies the executive of the local governmental jurisdiction in which 
the landmark is located, Native American tribal governments and native 
villages and corporations in the area, the governor of the State, the 
congressional members who represent the district and State in which the 
landmark is located, and other interested authorities, organizations and 
individuals as deemed appropriate. The NPS prepares the notifications 
and is responsible for their distribution. Notices of new designations 
are also published in the Federal Register.
    (k) Presentation of plaque and certificate. (1) After the Secretary 
designates an area as a national natural landmark, the NPS may provide 
each owner who so requests with a certificate signed by the Secretary of 
the Interior and the Director of the NPS at no cost to the owner(s). 
This certificate recognizes the owner's interest in protecting and 
managing the area in a manner that prevents the loss or deterioration of 
the natural values on which landmark designation is based.
    (2) If appropriate, NPS may also provide without charge a bronze 
plaque for display in or near the national natural landmark. Upon 
request, and to the extent NPS resources permit, the NPS may help 
arrange and participate in a presentation ceremony. In accepting a 
plaque or certificate, owners give up none of the rights and privileges 
of ownership or use of the landmark and the Department of the Interior 
does not acquire any interest in the designated property. After a 
presentation, the plaque remains the property of NPS. If the landmark 
designation is removed in accordance with the procedures in Sec. 62.8, 
NPS may reclaim the plaque.