[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: 36CFR65.2]

[Page 335]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 65--NATIONAL HISTORIC LANDMARKS PROGRAM--Table of Contents
 
Sec. 65.2  Effects of designation.

    (a) The purpose of the National Historic Landmarks Program is to 
focus attention on properties of exceptional value to the nation as a 
whole rather than to a particular State or locality. The program 
recognizes and promotes the preservation efforts of Federal, State and 
local agencies, as well as of private organizations and individuals and 
encourages the owners of landmark properties to observe preservation 
precepts.
    (b) Properties designated as National Historic Landmarks are listed 
in the National Register of Historic Places upon designation as National 
Historic Landmarks. Listing of private property on the National Register 
does not prohbit under Federal law or regulations any actions which may 
otherwise be taken by the property owner with respect to the property.
    (c) Specific effects of designation are:
    (1) The National Register was designed to be and is administered as 
a planning tool. Federal agencies undertaking a project having an effect 
on a listed or eligible property must provide the Advisory Council on 
Historic Preservation a reasonable opportunity to comment pursuant to 
section 106 of the National Historic Preservation Act of 1966, as 
amended. The Advisory Council has adopted procedures concerning, inter 
alia, their commenting responsibility in 36 CFR part 800.
    (2) Section 110(f) of the National Historic Preservation Act of 
1966, as amended, requires that before approval of any Federal 
undertaking which may directly and adversely affect any National 
Historic Landmark, the head of the responsible Federal agency shall, to 
the maximum extent possible, undertake such planning and actions as may 
be necessary to minimize harm to such landmark, and shall afford the 
Advisory Council a reasonable opportunity to comment on the undertaking.
    (3) Listing in the National Register makes property owners eligible 
to be considered for Federal grants-in-aid and loan guarantees (when 
implemented) for historic preservation.
    (4) If a property is listed in the National Register, certain 
special Federal income tax provisions may apply to the owners of the 
property pursuant to section 2124 of the Tax Reform Act of 1976, the 
Economic Recovery Tax Act of 1981 and the Tax Treatment Extension Act of 
1980.
    (5) If a property contains surface coal resources and is listed in 
the National Register, certain provisions of the Surface Mining and 
Control Act of 1977 require consideration of a property's historic 
values in determining issuance of a surface coal mining permit.
    (6) Section 8 of the National Park System General Authorities Act of 
1970, as amended (90 Stat. 1940, 16 U.S.C. 1-5), directs the Secretary 
to prepare an annual report to Congress which identifies all National 
Historic Landmarks that exhibit known or anticipated damage or threats 
to the integrity of their resources. In addition, National Historic 
Landmarks may be studied by NPS for possible recommendation to Congress 
for inclusion in the National Park System.
    (7) Section 9 of the Mining in the National Parks Act of 1976 (90 
Stat. 1342, 16 U.S.C. 1980) directs the Secretary of the Interior to 
submit to the Advisory Council a report on any surface mining activity 
which the Secretary has determined may destroy a National Historic 
Landmark in whole or in part, and to request the advisory Council's 
advice on alternative measures to mitigate or abate such activity.