[Code of Federal Regulations]

[Title 36, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR63.2]



[Page 340-341]

 

              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 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



[[Page 341]]



to the agency's request within 45 days of receipt of documentation on 

the property requested by the Keeper.