[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR63.2]

[Page 334-335]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 63_DETERMINATIONS OF ELIGIBILITY FOR INCLUSION IN THE NATIONAL REGISTER 
OF HISTORIC PLACES--Table of Contents
 
Sec. 63.2  Determination of eligibility process.

    The Department of the Interior will respond within 45 days of 
receipt of a documented request for a determination of eligibility from 
a Federal agency when it is submitted in accordance with the following 
regulations and is accompanied by documentation that clearly portrays 
the nature and significance of the property.
    (a) The agency shall consult the State Historic Preservation Officer 
as the first step in identifying historic properties for information 
concerning:
    (1) Properties listed in the National Register.
    (2) Properties in the process of nomination to the National 
Register.
    (3) Properties determined eligible by the Secretary of the Interior 
for listing in the National Register.
    (4) Any other available information that would assist in identifying 
properties in the area affected by the proposed action.
    (b) If the State Historic Preservation Officer has inadequate 
information to document the presence or absence of historic properties 
in the project area, the Federal agency should refer to the Department 
of the Interior's criteria for the identification of historic properties 
and the guidelines for level of documentation to accompany requests for 
determinations of eligibility for inclusion in the National Register 
published as a notice in the Federal Register.
    (c) The agency shall, in consultation with the State Historic 
Preservation Officer, apply the National Register Criteria for 
Evaluation contained in 36 CFR 60.6 to all potentially eligible 
properties that may be affected by the proposed action. If a property 
appears to meet the Criteria and the State Historic Preservation Officer 
agrees, the agency should follow the procedures in Sec. 63.3. If there 
is a question whether the Criteria are met, the agency shall complete 
the procedures in Sec. 63.3(d). A question on whether a property meets 
the Criteria exists when the agency and the State Historic Preservation 
Officer disagree or when the agency determines that a question exists. 
The Department of the Interior will provide general and specific advice 
concerning the identification of historic properties and will bring to 
the attention of a Federal agency any information received from the 
public regarding potential historic properties in the area affected by 
its plans or projects.
    (d) The agency shall submit a letter of request for a determination 
of eligi blity with a description, statement of significance, 
photographs, and a map, or a statement in accord with Sec. 63.3 below, 
if applicable, directly to the Keeper of the National Register, National 
Park Service, Department of the Interior, Washington, D.C. 20240. If 
available, the opinion of the State Historic Preservation Officer on the 
eligibility of the property should also be forwarded with the request.
    (e) The Keeper, National Register, will respond in writing to the 
agency's request within 45 days of receipt of a documented request 
submitted in accord with Sec. 63.2(d) of these procedures. If the 
opinion of the State Historic Preservation Officer is not included

[[Page 335]]

with the request, the Keeper of the National Register will provide to 
the State Historic Preservation Officer a copy of the request and will 
ask for his opinion on the property. If the Keeper does not receive the 
State Historic Preservation Officer's response within three weeks of the 
State Historic Preservation Officer's receipt of a letter from the 
Keeper requesting an opinion, the Keeper will proceed with the 
determination and will inform the agency that the State Historic 
Preservation Officer did not give an opinion. If the Keeper of the 
National Register determines that documentation submitted with the 
request is not sufficient to make a professional evaluation of the 
significance of the property, he will advise the agency in writing of 
the additional information needed. The Keeper of the National Register 
will respond to the agency's request within 45 days of receipt of 
documentation on the property requested by the Keeper.