[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR67.9]

[Page 386-387]
 
              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. 67.9  Certifications of State or local historic districts.

    (a) The particular State or local historic district must also be 
certified by the Secretary as substantially meeting National Register 
criteria, thereby qualifying it as a registered historic district, 
before the Secretary will process requests for certification of 
individual properties within a district or districts established under a 
certified statute.
    (b) The provision described herein will not apply to properties 
within a State or local district until the district has been certified, 
even if the statute creating the district has been certified by the 
Secretary.
    (c) The Secretary considers the duly authorized representative 
requesting certification of a statute to be the official responsible for 
submitting district documentation for certification. If another person 
is to assume responsibility for the district documentation, the letter 
requesting statute certification shall indicate that person's name, 
address, and telephone number. The Secretary considers the authorizing 
statement of the duly authorized representative to indicate that the 
jurisdiction involved wishes not only that the statute in question be 
certified but also wishes all historic districts designated by the 
statute to be certified unless otherwise indicated.
    (d) Requests shall be sent to the SHPO in participating States and 
directly to the appropriate NPS regional office in nonparticipating 
States. The SHPO shall be given a 30-day opportunity to comment upon an 
adequately documented request. Comments received from the SHPO within 
this time

[[Page 387]]

period will be considered by the Secretary in the review process. The 
guidelines in National Register Bulletin 16, ``Guidelines for Completing 
National Register of Historic Places Forms,'' provide information on how 
to document historic districts for the National Register. Each request 
should include the following documentation:
    (1) A description of the general physical or historical qualities 
which make this a district; and explanation for the choice of boundaries 
for the district; descriptions of typical architectural styles and types 
of buildings in the district.
    (2) A concise statement of why the district has significance, 
including an explanation of the areas and periods of significance, and 
why it meets National Register criteria for listing (see 36 CFR part 
60); the relevant criteria should be identified (A, B, C, and D).
    (3) A definition of what types of properties contribute and do not 
contribute to the significance of the district as well as an estimate of 
the percentage of properties within the district that do not contribute 
to its significance.
    (4) A map showing all district properties with, if possible, 
identification of contributing and noncontributing properties; the map 
should clearly show the district's boundaries.
    (5) Photographs of typical areas in the district as well as major 
types of contributing and noncontributing properties; all photographs 
should be keyed to the map.
    (e) Districts designated by certified State or local statutes shall 
be evaluated using the National Register criteria (36 CFR part 60) 
within 30 days of the receipt of the required documentation by the 
Secretary. Written notification of the Secretary's decision will be sent 
to the duly authorized representative or to the person designated as 
responsible for the district documentation.
    (f) Certification of statutes and districts does not constitute 
certification of significance of individual properties within the 
district or of rehabilitation projects by the Secretary.
    (g) Districts certified by the Secretary as substantially meeting 
the requirements for listing will be determined eligible for listing in 
the National Register at the time of certification and will be published 
as such in the Federal Register.
    (h) Documentation on additional districts designated under a State 
or local statute the has been certified by the Secretary should be 
submitted to the Secretary for certification following the same 
procedures and including the same information outlined in the section 
above.
    (i) State or local governments, as appropriate, shall notify the 
Secretary if a certified district designation is amended (including 
boundary changes) or repealed. If a certified district designation is 
amended, the duly authorized representative shall submit documentation 
describing the change(s) and, if the district has been increased in 
size, information on the new areas as outlined in Sec. 67.9. A revised 
statement of significance for the district as a whole shall also be 
included to reflect any changes in overall significance as a result of 
the addition or deletion of areas. Review procedures shall follow those 
outlined in Sec. 67.9 (d) and (e). The Secretary will withdraw 
certification of repealed or inappropriately amended certified district 
designations, thereby disqualifying them as registered historic 
districts.
    (j) The Secretary may withdraw certification of a district on his 
own initiative if it ceases to meet the National Register Criteria for 
Evaluation after providing the duly authorized representative and the 
SHPO 30 days in which to comment prior to withdrawal of certification.
    (k) The Secretary urges State and local review boards of commissions 
to become familiar with the Standards used by the Secretary of the 
Interior for certifying the rehabilitation of historic properties and to 
consider their adoption for local design review.