[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR60.9]

[Page 324-326]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 60_NATIONAL REGISTER OF HISTORIC PLACES--Table of Contents
 
Sec.  60.9  Nominations by Federal agencies.

    (a) The National Historic Preservation Act of 1966, as amended, 
requires that, with the advice of the Secretary and in cooperation with 
the State Historic Preservation Officer of the State involved, each 
Federal agency shall establish a program to locate, inventory and 
nominate to the Secretary all properties under the agency's ownership or 
control that appear to qualify for inclusion on the National Register.

[[Page 325]]

Section 2(a) of Executive Order 11593 provides that Federal agencies 
shall locate, inventory, and nominate to the Secretary of the Interior 
all sites, buildings, districts, and objects under their jurisdiction or 
control that appear to qualify for listing on the National Register of 
Historic Places. Additional responsibilities of Federal agencies are 
detailed in the National Historic Preservation Act of 1966, as amended, 
Executive Order 11593, the National Environmental Policy Act of 1969, 
the Archeological and Historic Preservation Act of 1974, and procedures 
developed pursuant to these authorities, and other related legislation.
    (b) Nomination forms are prepared under the supervision of the 
Federal Preservation Officer designated by the head of a Federal agency 
to fulfill agency responsibilities under the National Historic 
Preservation Act of 1966, as amended.
    (c) Completed nominations are submitted to the appropriate State 
Historic Preservation Officer for review and comment regarding the 
adequacy of the nomination, the significance of the property and its 
eligibility for the National Register. The chief elected local officials 
of the county (or equivalent governmental unit) and municipal political 
jurisdiction in which the property is located are notified and given 45 
days in which to comment. The State Historic Preservation Officer signs 
block 12 of the nomination form with his/her recommendation.
    (d) After receiving the comments of the State Historic Preservation 
Officer, and chief elected local official, or if there has been no 
response within 45 days, the Federal Preservation Officer may approve 
the nomination and forward it to the Keeper of the National Register of 
Historic Places, National Park Service, United States Department of the 
Interior, Washington, D.C. 20240. The Federal Preservation Officer signs 
block 12 of the nomination form if in his or her opinion the property 
meets the National Register criteria for evaluation. The Federal 
Preservation Officer's signature in block 12 certifies that:
    (1) All procedural requirements have been met;
    (2) The nomination form is adequately documented;
    (3) The nomination form is technically and professionally correct 
and sufficient;
    (4) In the opinion of the Federal Preservation Officer, the property 
meets the National Register criteria for evaluation.
    (e) When a Federal Preservation Officer submits a nomination form 
for a property that he or she does not believe meets the National 
Register criteria for evaluation, the Federal Preservation Officer signs 
a continuation sheet Form NPS 10-900a explaining his/her opinions on the 
eligibility of the property and certifying that:
    (1) All procedural requirements have been met;
    (2) The nomination form is adequately documented;
    (3) The nomination form is technically and professionally correct 
and sufficient.
    (f) The comments of the State Historic Preservation Officer and 
chief local official are appended to the nomination, or, if there are no 
comments from the State Historic Preservation Officer an explanation is 
attached. Concurrent nominations (see Sec.  60.10) cannot be submitted, 
however, until the nomination has been considered by the State in accord 
with Sec.  60.6, supra. Comments received by the State concerning 
concurrent nominations and notarized statements of objection must be 
submitted with the nomination.
    (g) Notice will be provided in the Federal Register that the 
nominated property is being considered for listing in the National 
Register of Historic Places in accord with Sec.  60.13.
    (h) Nominations will be included in the National Register within 45 
days of receipt by the Keeper or designee unless the Keeper disapproves 
such nomination or an appeal is filed. Nominations which are technically 
or professionally inadequate will be returned for correction and 
resubmission. When a property does not appear to meet the National 
Register criteria for evaluation, the nomination will be returned with 
an explanation as to why the property does not meet the National 
Register criteria for evaluation.

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    (i) Any person or organization which supports or opposes the 
nomination of a property by a Federal Preservation Officer may petition 
the Keeper during the nomination process either to accept or reject a 
nomination. The petitioner must state the grounds of the petition and 
request in writing that the Keeper substantively review the nomination. 
Such petition received by the Keeper prior to the listing of a property 
in the National Register or a determination of its eligibility where the 
private owner(s) object to listing will be considered by the Keeper and 
the nomination will be substantively reviewed.