[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: 36CFR73.13]

[Page 417-418]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 73_WORLD HERITAGE CONVENTION--Table of Contents
 
Sec. 73.13  Protection of U.S. World Heritage properties.

    (a) Requirements. (1) Article 5 of the Convention mandates that each 
participating nation shall take, insofar as possible, the appropriate 
legal, scientific, technical, administrative, and financial measures 
necessary for the identification, protection, conservation, 
preservation, and rehabilitation of properties of outstanding universal 
value; and
    (2) Title IV of Pub. L. 96-515 requires that no non-Federal property 
may be nominated to the World Heritage List unless its owner concurs in 
writing to such nomination. The nomination document for each property 
must include evidence of such legal protections as may be necessary to 
ensure preservation of the property and its environment, including, for 
example, restrictive covenants, easements, and other forms of protection 
(16 U.S.C. 470a-1).
    (b) Protection Measures for Public Properties. For properties owned 
or controlled by Federal, State, and/or local governments, the following 
items satisfy the protection requirements outlined in paragraph (a) of 
this section:
    (1) Written concurrence by the owner prior to nomination;
    (2) The nomination document must include reference to:
    (i) All legislation establishing or preserving the area; and
    (ii) All existing and proposed administrative measures, including 
management plans, that would ensure continued satisfactory maintenance 
of the property and its environment; and
    (3) A written statement by the owner(s) that such protection 
measures satisfy the requirements outlined in (a) above.
    (c) Protection Measures for Private Properties. For properties owned 
or controlled by private organizations or individuals, the following 
items satisfy the protection requirements outlined in (a) of this 
section.
    (1) A written covenant executed by the owner(s) prohibiting, in 
perpetuity, any use that is not consistent with, or which threatens or 
damages the property's universally significant values, or other trust or 
legal arrangement that has that effect; and
    (2) The opinion of counsel on the legal status and enforcement of 
such a prohibition, including, but not limited to, enforceability by the 
Federal government or by interested third parties.

In addition, if the owner(s) is willing, a right of first refusal may be 
given for

[[Page 418]]

acquisition of the property, along with a guaranteed source of funding 
and appropriate management framework, in the event of any proposed sale, 
succession, voluntary or involuntary transfer, or in the unlikely event 
that the requirements outlined above prove to be inadequate to ensure 
the preservation of the property's outstanding universal value. The 
protection measures for each private property being considered for 
possible nomination to the World Heritage List will be reviewed on a 
case-by-case basis to ensure that the requirements set forth above 
fulfill the mandate of Pub. L. 96-515.