[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: 36CFR67.5]

[Page 352-353]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 67--HISTORIC PRESERVATION CERTIFICATIONS PURSUANT TO SEC. 48(g) AND 
SEC. 170(h) OF THE INTERNAL REVENUE CODE OF 1986--Table of Contents
 
Sec. 67.5  Standards for Evaluating Significance within Registered 
Historic Districts.

    (a) Properties located within registered historic districts are 
reviewed by the Secretary to determine if they contribute to the 
historic significance of the district by applying the following 
Standards for Evaluating Significance within Registered Historic 
Districts.
    (1) A building contributing to the historic significance of a 
district is one which by location, design, setting, materials, 
workmanship, feeling and association adds to the district's sense of 
time and place and historical development.
    (2) A building not contributing to the historic significance of a 
district is one which does not add to the district's sense of time and 
place and historical development; or one where the location, design, 
setting, materials, workmanship, feeling and association have been so 
altered or have so deteriorated that the overall integrity of the 
building has been irretrievably lost.
    (3) Ordinarily buildings that have been built within the past 50 
years shall not be considered to contribute to the significance of a 
district unless a strong justification concerning their historical or 
architectural merit is given or the historical attributes of the 
district are considered to be less than 50 years old.
    (b) A condemnation order may be presented as evidence of physical 
deterioration of a building but will not of itself be considered 
sufficient evidence to warrant certification of nonsignificance for loss 
of integrity. In certain cases it may be necessary for the owner to 
submit a structural engineer's report to help substantiate physical 
deterioration and/or structural damage. Guidance on preparing a 
structural engineer's report is available from the appropriate SHPO or 
NPS regional office.
    (c) Some properties listed in the National Register, primarily 
districts, are resources whose concentration or continuity possesses 
greater historical significance than many of their individual component 
buildings and structures. These usually are documented as a group rather 
than individually. Accordingly, this type of National Register 
documentation is not conclusive for the purposes of this part and must 
be supplemented with information on the significance of the specific 
property. Certifications of significance and nonsignificance will be 
made on the basis of the application documentation, existing National 
Register documentation, and other available information as needed. The 
Keeper may amend the National Register documentation by issuing a 
supplementary record if the application material warrants such an 
amendment. If a certification request is received for a property which 
is not yet listed on the National Register or which is outside a 
district's established period or area of significance, a preliminary 
determination of significance will be issued only if the request 
includes adequate documentation and if

[[Page 353]]

there is written assurance from the SHPO that the SHPO plans to nominate 
the property or district or that the district nomination in question is 
being revised to expand its significance or for certified districts, 
written assurance from the duly authorized representative that the 
district documentation is being revised to expand the significance. 
Certifications will become final when the property or district is listed 
or when the district documentation is officially amended unless the 
significance of the property has been lost as a result of alteration or 
damage. For procedures on amending listings to the National Register and 
additional information on the use of National Register documentation and 
the supplementary record which is contained in National Register 
Bulletin 19, ``Policies and Procedures for Processing National Register 
Nominations,'' consult the appropriate SHPO or NPS regional office.
    (d) Where rehabilitation credits are sought, certifications of 
significance will be made on the appearance and condition of the 
property before rehabilitation was begun.
    (e) If a nonhistoric surface material obscures a facade, it may be 
necessary for the owner to remove a portion of the surface material 
prior to requesting certification so that a determination of 
significance or nonsignificance can be made. After the material has been 
removed, if the obscured facade has retained substantial historic 
integrity and the property otherwise contributes to the historic 
district, it will be determined to be a certified historic structure. 
However, if the obscuring material remains when a determination of 
nonsignificance is requested under Sec. 67.4(a)(2), the property will be 
presumed to contribute to the historic significance of the district, if 
otherwise qualified, and, therefore, not eligible for the other tax 
credits under section 48(g) of the Internal Revenue Code.
    (f) Additional guidance on certifications of historic significance 
is available from SHPOs and NPS regional offices.