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Pt. 61 36 CFR Ch. I (7–1–05 Edition)
1980, which may only be removed from (CLGs) a share of grants that the
the National Register on the grounds SHPOs receive under the Act; and
established in paragraph (a)(1) of this (4) Assisting Indian tribes in pre-
section. In such cases, the Keeper will serving their particular ‘‘historic prop-
notify the nominating authority, the erties’’ (as defined by the Act);
affected owner(s) and the applicable (b) Directs the Secretary to admin-
chief elected local official and provide ister a program of grants-in-aid to
them an opportunity to comment. States and Indian tribes for historic
Upon removal, the Keeper will notify preservation projects and programs
the nominating authority of the basis that the Secretary has approved; and
for the removal. The State Historic (c) Requires the Secretary to make
Preservation Officer, Federal Preserva- available information concerning pro-
tion Officer, or person or local govern- fessional standards, methods, and tech-
ment which nominated the property niques for the preservation of ‘‘historic
shall notify the owner(s) and the chief properties’’ (as defined by the Act) and
elected local official of the removal. the administration of historic preser-
(l) No person shall be considered to vation programs.
have exhausted administrative rem-
edies with respect to removal of a prop- § 61.2 Definitions.
erty from the National Register until As used in this part:
the Keeper has denied a petition for re- (a) All terms that the National His-
moval pursuant to this section. toric Preservation Act of 1966, as
amended, defines have the same mean-
PART 61—PROCEDURES FOR STATE, ing in the regulations in this part that
TRIBAL, AND LOCAL GOVERN- the statute provides; see especially sec-
tions 101(a)(1)(A), 101(b), 101(c)(4), 108,
MENT HISTORIC PRESERVATION and 301.
PROGRAMS (b) Act means the National Historic
Preservation Act of 1966, as amended,
Sec. (16 U.S.C. 470 et seq.).
61.1 Authorization.
(c) Chief elected local official means
61.2 Definitions.
61.3 Implementation of this part. the elected head of a local government.
61.4 State programs. (d) The Secretary’s Standards means
61.5 Grants to State programs. only the ‘‘Standards’’ portions and not
61.6 Certified local government programs. the ‘‘Guidelines’’ portions of ‘‘the Sec-
61.7 Subgrants to certified local govern- retary of the Interior’s Standards and
ments. Guidelines for Archeology and Historic
61.8 Tribal programs. [Reserved] Preservation.’’ The Secretary’s Stand-
61.9 Grants to tribal programs. [Reserved] ards provide broad national principles
61.10 Waiver.
61.11 Information collection.
of archeological and historic preserva-
tion practices and methods. ‘‘The Sec-
AUTHORITY: 16 U.S.C. 470 et seq. retary of the Interior’s Standards and
SOURCE: 64 FR 11742, Mar. 9, 1999, unless Guidelines for Archeology and Historic
otherwise noted. Preservation’’ also contains ‘‘the Sec-
retary’s Guidelines’’ which provide
§ 61.1 Authorization. broad national guidance on how to
The National Historic Preservation apply ‘‘the Secretary’s Standards.’’
Act of 1966, as amended (16 U.S.C. 470 et (e) State historic preservation program
seq.): or State program means a State govern-
(a) Requires the Secretary of the In- ment organization or program meeting
terior (Secretary) to promulgate regu- the requirements that section 101(b) of
lations for: the Act specifies.
(1) Approving and overseeing State
historic preservation programs; § 61.3 Implementation of this part.
(2) Certifying local governments to (a) National Park Service policy of man-
carry out the purposes of the Act; agement by exception. The National
(3) Ensuring that applicable State Park Service (NPS) will administer the
Historic Preservation Officers (SHPOs) regulations in this part in such a way
allocate to certified local governments (and where feasible) as to:
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National Park Service, Interior § 61.4
(1) Limit the use of direct Federal ice, 1849 C Street NW (NC Suite 200),
management review procedures to high Washington, D.C. 20240 or via the Na-
risk situations, to new programs, or to tional Park Service Home Page for cul-
activities that are appropriate for the tural programs at http://www.cr.nps.gov.
Federal Government to oversee;
(2) Presume that State, tribal, and § 61.4 State programs.
local government historic preservation (a) For a State to participate in the
officials manage their programs in an program that this part describes, the
accountable way unless situations indi- Governor must appoint and designate a
cate the contrary; and State Historic Preservation Officer
(3) Rely to the maximum extent fea- (SHPO) to administer the State his-
sible on State, tribal, and local govern-
toric preservation program.
ment systems of financial and program
(b) It is the responsibility of the
management that meet Federal stand-
ards. At the discretion of the Sec- SHPO to carry out the duties and ac-
retary, each State, tribal, and local tivities that section 101 (b)(3) of the
government may substitute its own fis- Act describes. In performing those du-
cal audit and management systems for ties and activities:
the Secretary’s comparable fiscal audit (1) The SHPO must carry out a his-
and management requirements, so long toric preservation planning process
as the State, tribal, or local govern- that includes the development and im-
ment system establishes and maintains plementation of a comprehensive state-
accounting standards substantially wide historic preservation plan that
similar to Federal standards and pro- provides guidance for effective decision
vides for independent peer review. making about historic property preser-
(b) The Secretary’s Standards. NPS vation throughout the State.
will use the Secretary’s Standards as (2) The SHPO, in addition to sur-
technical performance standards for veying and maintaining inventories of
matters covered by this part. NPS may historic properties, may also obtain:
also use as technical performance (i) Comparative data valuable in de-
standards (for matters covered by this termining the National Register eligi-
part) additional guidance that NPS bility of properties;
identifies and provides from time to (ii) Information on properties that
time after appropriate consultation may become eligible for the National
and notice. Register of Historic Places with the
(c) Each State historic preservation passage of time; and/or
program staff member, State Historic (iii) Information on the absence of
Preservation Review Board (Review historic properties for use in planning
Board) member, and certified local gov- for public and private development
ernment (CLG) historic preservation
projects.
review commission (Commission) mem-
(3) The SHPO must provide for ade-
ber whom the Secretary has approved
as meeting ‘‘the Secretary’s (Historic quate public participation in the State
Preservation) Professional Qualifica- historic preservation program as a
tions Standards’’ will retain that sta- whole.
tus, regardless of subsequent revisions (i) As part of the process of recom-
to those Standards, until such time as mending a property to the National
that individual no longer works in that Register, the SHPO must comply with
program, or serves on that Review the consultation and notification pro-
Board, or serves on that Commission cedures contained in 36 CFR part 60.
with which that individual was affili- (ii) The SHPO may authorize other
ated as of the date of that individual’s persons or entities to fulfill the notice
approval. requirements in 36 CFR part 60 pursu-
(d) You may obtain publications and ant to the Secretary’s written guid-
other information mentioned in this ance.
part by contacting: Heritage Preserva- (iii) The SHPO also may authorize
tion Services, National Center for Cul- the historic preservation review com-
tural Resource Stewardship and Part- mission (Commission) of a certified
nership Programs, National Park Serv- local government (CLG) to act in place
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§ 61.4 36 CFR Ch. I (7–1–05 Edition)
of the State Historic Preservation Re- port will include notice that the State
view Board (Review Board) for the pur- program’s approved status continues.
pose of considering National Register (ii) If the Secretary determines that
nominations within its jurisdiction, a State program has major aspects not
provided that the Commission both consistent with the Act, the report will
meets the professional qualifications include notice of deficiencies along
required for the Review Board when with required actions for correcting
considering such nominations and oth- them. Unless circumstances warrant
erwise follows the Secretary’s written immediate action, the Secretary will
guidance. provide a specified period to allow the
(iv) In accordance with the Sec- SHPO either to correct the deficiencies
retary’s written guidance and with the or to present for Secretarial approval a
consent of both the property owners in justifiable plan and timetable for cor-
a nomination and the chief elected recting the deficiencies. During this
local official, the Review Board (or the period, the SHPO has the opportunity
Commission acting in its place) may to request that the Secretary recon-
consider the nomination without a sider any findings and required actions.
face-to-face meeting. (iii) The Secretary will provide time-
(4) The SHPO may carry out all or ly notice of continued approved State
any part of his or her responsibilities program status to a SHPO successfully
by contract or cooperative agreement resolving deficiencies. Once the Sec-
with any qualified nonprofit organiza- retary renews a State program’s ap-
tion, educational institution, or other- proved status, he or she generally will
wise pursuant to State law. However, not review the program until the next
the SHPO may not delegate the respon- regular evaluation period. However, if
sibility for compliance with the Act or the Secretary deems it necessary, he or
with grant assistance terms and condi- she may conduct a review more often.
tions. (iv) The Secretary will provide time-
(c) The Secretary will consider indi- ly notice of the revocation of a pro-
vidual SHPO proposals for programs gram’s approved status to any SHPO
that, for a specified period, include whose program has deficiencies that
fewer duties than those section warrant immediate action or that re-
101(b)(3) of the Act specifies, if a dif- main uncorrected after the expiration
ferent approach would better serve an of the period specified pursuant to
appropriate balance of historic prop- paragraph (d)(3)(ii) of this section. The
erty, customer or constituent, and his- Secretary will then initiate financial
toric preservation needs. suspension and other actions in accord-
(d) Procedures for review and approval ance with the Act, applicable regu-
of State historic preservation programs. latory requirements, and related guid-
(1) In accordance with the Act, the Sec- ance that the National Park Service
retary will evaluate each State pro- issues.
gram for consistency with the Act peri- (e) The SHPO must appoint or em-
odically, but not less often than every ploy a professionally qualified staff.
four years. If the Secretary determines (1) Except as approved pursuant to
that it meets the program require- paragraph (e)(2) of this section, the
ments of paragraphs (a), (b), (e) and (f) staff must include at a minimum, one
of this section, he or she will approve individual meeting ‘‘the Secretary’s
the State program as set forth in this (Historic Preservation) Professional
section. Qualifications Standards’’ for history,
(2) The Secretary may use on-site one individual meeting ‘‘the Sec-
and/or off-site inquiries to perform retary’s (Historic Preservation) Profes-
such evaluation. The Secretary will sional Qualifications Standards’’ for
provide the SHPO with a timely report historic or prehistoric archeology, and
containing written findings and anal- one individual meeting ‘‘the Sec-
yses that highlight the strengths and retary’s (Historic Preservation) Profes-
weaknesses of the State program. sional Qualifications Standards’’ for
(3) Approval method. (i) If the Sec- architectural history. ‘‘The Secretary’s
retary determines that a State pro- (Historic Preservation) Professional
gram is consistent with the Act, the re- Qualifications Standards’’ and related
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National Park Service, Interior § 61.5
guidance are part of the larger ‘‘Sec- meet the Standards for more than one
retary of the Interior’s Standards and required discipline. The other Review
Guidelines for Archeology and Historic Board members, if any, who comprise
Preservation.’’ The SHPO may deter- the majority that meets ‘‘the Sec-
mine that additional professional staff retary’s (Historic Preservation) Profes-
members representing the required or sional Qualifications Standards’’ may
other disciplines are necessary to ad- represent, subject to the SHPO’s selec-
minister the State program in accord- tion, any of the disciplines that those
ance with the Act. ‘‘Standards’’ describe.
(2) The Secretary will consider pro- (2) The Secretary will consider pro-
posals from a SHPO for a minimum re- posals from a SHPO for a minimum re-
quired staff composition that differs quired Review Board composition that
from the requirement that paragraph differs from the requirement that para-
(e)(1) of this section specifies, if the graph (f)(1) of this section specifies, if
proposal addresses better an appro- the proposal addresses better an appro-
priate balance of historic property, priate balance of historic property,
customer or constituent, and historic customer or constituent, and historic
preservation needs in that State. preservation needs in that State.
(3) When a staff position that para- (3) When a required Review Board po-
graph (e)(1) of this section requires be- sition becomes vacant, the SHPO must
comes vacant, the SHPO must fill the fill the vacancy in a timely manner. In
vacancy in a timely manner. In the in- the interim, the SHPO must ensure
terim, the SHPO must ensure that ap- that the Review Board has access to
propriately qualified individuals ad- advice from appropriately qualified in-
dress technical matters. A vacancy in a dividuals. A lapse of more than one
required position that persists for more year in filling the vacancy is cause for
than six months is cause for review, review, comment, and appropriate ac-
comment, and appropriate action by tion by the Secretary.
the Secretary. (4) The Review Board must meet as
(f) Unless State law provides for a often as is necessary to complete its
different method of appointment, the work in a timely fashion but no less
SHPO must appoint an adequate and often than once a year.
qualified State historic preservation (5) The Review Board must adopt
Review Board (Review Board). written procedures governing its oper-
(1) All Review Board members must ations consistent with the provisions of
have demonstrated competence, inter- this section and related guidance that
est, or knowledge in historic preserva- the National Park Service issues.
tion. A majority of Review Board mem- (6) Review Board responsibilities in-
bers must meet ‘‘the Secretary of the clude, but are not limited to, the fol-
Interior’s (Historic Preservation) Pro- lowing:
fessional Qualifications Standards’’
(i) Providing advice to the SHPO on
which are part of the larger ‘‘Sec-
the full range of Historic Preservation
retary’s Standards and Guidelines for
Fund-supported activities, that section
Archeology and Historic Preserva-
101 (b)(3) of the Act describes;
tion.’’ The members meeting ‘‘the Sec-
retary’s (Historic Preservation) Profes- (ii) Reviewing and making rec-
sional Qualifications Standards’’ must ommendations on National Register
include at a minimum, one individual nomination proposals;
meeting ‘‘the Secretary’s (Historic (iii) Participating in the review of
Preservation) Professional Qualifica- appeals to National Register nomina-
tions Standards’’ for history, one indi- tions; and
vidual meeting ‘‘the Secretary’s (His- (iv) Performing such other duties as
toric Preservation) Professional Quali- may be appropriate.
fications Standards’’ for prehistoric
archeology or historic archeology, and § 61.5 Grants to State programs.
one individual meeting ‘‘the Sec- (a) Each State with an approved
retary’s (Historic Preservation) Profes- State program is eligible for grants-in-
sional Qualifications Standards’’ for aid from the Historic Preservation
architectural history. One person may Fund (HPF).
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§ 61.6 36 CFR Ch. I (7–1–05 Edition)
(b) The National Park Service (NPS) (e) The SHPO must ensure that each
will administer HPF matching grants- local government satisfies the fol-
in-aid in accordance with the Act, OMB lowing minimum requirements as con-
Circular A–133 and 43 CFR part 12, and ditions for certification. Each CLG
related guidance that NPS issues. Fail- must:
ure by a State program to meet these (1) Enforce appropriate State or local
requirements is cause for comment and legislation for the designation and pro-
appropriate action by the Secretary. tection of historic properties. The
State procedures must define what con-
§ 61.6 Certified local government pro- stitutes appropriate legislation, as long
grams. as:
(a) Each approved State program (i) Designation provisions in such
must provide a mechanism for certifi- legislation include the identification
cation (by the State Historic Preserva- and registration of properties for pro-
tion Officer and the Secretary) of local tection that meet criteria established
governments to carry out the purposes by the State or the locality for signifi-
of the Act. cant historic and prehistoric resources
(b) Each State Historic Preservation within the jurisdiction of the local gov-
Officer (SHPO) must follow procedures ernment;
that the Secretary approves for the (ii) Protection provisions in such leg-
certification of local governments. islation include a local review process
under State or local law for proposed
Each SHPO also must follow proce-
demolitions of, changes to, or other ac-
dures for removal of certified local gov-
tion that may affect historic properties
ernment (CLG) status for cause. A
as paragraph (e)(1)(i) of this section de-
SHPO must submit any proposed
scribes; and
amendment to its procedures to the
(iii) The legislation otherwise is con-
Secretary for approval. The Secretary
sistent with the Act.
will act on each proposal in a timely
(2) Establish by State or local law
fashion generally within 45 days of re-
and maintain an adequate and qualified
ceipt.
historic preservation review commis-
(c) When a SHPO approves a local sion (Commission). All Commission
government certification request in ac- members must have a demonstrated in-
cordance with the State program’s Na- terest, competence, or knowledge in
tional Park Service (NPS)-approved historic preservation. Unless State or
certification process, the SHPO must local legislation provides for a dif-
prepare a written certification agree- ferent method of appointment, the
ment between the SHPO and the local chief elected local official must ap-
government. The certification agree- point all Commission members.
ment must list the specific responsibil- (i) The State procedures must en-
ities of the local government when cer- courage certified local governments to
tified. The SHPO must submit to the include individuals who meet ‘‘the Sec-
Secretary the written certification retary’s (Historic Preservation) Profes-
agreement and any additional informa- sional Qualifications Standards’’
tion as is necessary for the Secretary among the membership of the Commis-
to certify the local government pursu- sion, to the extent that such individ-
ant to the Act and this part. If the Sec- uals are available in the community.
retary does not disapprove the pro- (ii) The State procedures may specify
posed certification within 15 working the minimum number of Commission
days of receipt, the Secretary has cer- members who must meet ‘‘the Sec-
tified the local government. retary’s (Historic Preservation) Profes-
(d) Beyond the minimum responsibil- sional Qualifications Standards.’’ The
ities set out in the Act for all CLGs, State procedures may also specify
the SHPO may make additional delega- which, if any, disciplines the Commis-
tions of responsibility to individual sion’s membership must include from
CLGs. However, these delegations may among those disciplines that the
not include the SHPO’s overall respon- Standards describe. Membership re-
sibility derived from the Act or where quirements set by the State procedures
law or regulation specifies. for Commissions must be cognizant of
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National Park Service, Interior § 61.6
the needs and functions of Commis- of receipt, the Secretary has approved
sions in the State and subject to the the decertification.
availability of such professionals in the (f) Effects of certification include:
community concerned. (1) Inclusion in the process of nomi-
(iii) Provided that the Commission is nating properties to the National Reg-
otherwise adequate and qualified to ister of Historic Places in accordance
carry out the responsibilities delegated with sections 101 (c)(2)(A) and (c)(2)(B)
to it, the SHPO may certify a local of the Act. The SHPO may delegate to
government without the minimum a CLG any of the responsibilities of the
number or types of disciplines estab- SHPO and the Review Board in proc-
lished in State procedures, if the local essing National Register nominations
government can demonstrate that it as specified in 36 CFR part 60 (see also
has made a reasonable effort to fill § 61.4(b)(3)), except for the authority to
those positions, or that an alternative nominate properties directly to the Na-
composition of the Commission best tional Register. A CLG may make
meets the needs of the Commission and nominations directly to NPS only
of the local government. when the State does not have an ap-
(iv) The SHPO must make available proved program pursuant to § 61.4.
to each Commission orientation mate- (2) Eligibility to apply for a portion
rials and training designed to provide a of the State’s annual Historic Preser-
working knowledge of the roles and op- vation Fund (HPF) grant award. Each
erations of Federal, State, and local State must transfer at least 10 percent
historic preservation programs, and of its annual HPF grant award to CLGs
historic preservation in general. for historic preservation projects and
(3) Maintain a system for the survey programs in accordance with the Act
and inventory of historic properties. and as § 61.7 specifies.
The SHPO must ensure that such sys- (g) The District of Columbia is ex-
tems and the data that they produce empt from the requirements of this
are capable of integration into and are section because there are no subordi-
compatible with statewide inventories nated local governments in the Dis-
and (when and as appropriate) with trict. If any other jurisdiction that sec-
State and local planning processes. tion 301(2) of the Act defines as a State
(4) Provide for adequate public par- believes that its political subdivisions
ticipation in the local historic preser- lack authorities similar to those of
vation program as a whole. The SHPO local governments in other States, and
must provide each CLG with appro- hence cannot satisfy the requirements
priate guidance on mechanisms to en- for local government certification, it
sure adequate public participation in may apply to the Secretary for exemp-
the local historic preservation program tion from the requirements of this sec-
including the process for evaluating tion.
properties for nomination to the Na- (h) Procedures for direct certification by
tional Register of Historic Places. the Secretary where there is no approved
(5) Satisfactorily perform the respon- State program pursuant to § 61.4. To the
sibilities delegated to it under the Act. extent feasible, the Secretary will en-
The SHPO must monitor and evaluate sure that there is consistency and con-
the performance of each CLG according tinuity in the CLG program of a State
to written standards and procedures that does not have an approved State
that the SHPO establishes. If a SHPO’s program.
evaluation of a CLG’s performance in- (1) Where there is no approved State
dicates that such performance is inad- program, a local government wishing
equate, the SHPO must suggest in to become certified must apply directly
writing ways to improve performance. to the Secretary.
If, after a period of time that the SHPO (2) The application must demonstrate
stipulates, the SHPO determines that that the local government meets the
the CLG has not improved its perform- specifications for certification set
ance sufficiently, the SHPO may rec- forth in paragraph (e) of this section.
ommend that the Secretary decertify (3) The Secretary will review certifi-
the local government. If the Secretary cation applications under this para-
does not object within 30 working days graph (h) and take action in a timely
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§ 61.7 36 CFR Ch. I (7–1–05 Edition)
fashion generally within 90 days of re- the extent feasible, the Secretary will
ceipt. ensure consistency and continuity in
the funding allocation policy of the
§ 61.7 Subgrants to certified local gov- CLG program for a State that does not
ernments. have an approved historic preservation
(a) Each SHPO must transfer at least program.
10 percent of its annual Historic Pres-
ervation Fund (HPF) grant award to § 61.8 Tribal programs. [Reserved]
CLGs as subgrants for historic preser-
§ 61.9 Grants to tribal programs. [Re-
vation projects and programs in ac- served]
cordance with the Act. In any year
that the annual HPF State grant ap- § 61.10 Waiver.
propriation exceeds $65,000,000, SHPOs The Secretary may waive any of the
must transfer one half of the amount requirements of the rules in this part
over $65,000,000 to CLGs according to that are not mandated by statute or by
procedures that the Secretary will es- other applicable regulations if the Sec-
tablish. retary finds, in writing, that the his-
(b) Each CLG is eligible to receive toric preservation program would ben-
funds from the 10 percent (or greater) efit from such waiver and the waiver
CLG share of the State’s total annual would not compromise the purposes,
HPF grant award. However, the SHPO conditions, and requirements of the
need not award funds to all CLGs. National Historic Preservation Act of
(c) Each SHPO must maintain and 1966, as amended.
follow a procedure that the Secretary
approves for the use and distribution of § 61.11 Information collection.
funds from the State’s annual HPF (a) The Office of Management and
grant award to CLGs to ensure that no Budget (OMB) under 44 U.S.C. 3507 et
CLG receives a disproportionate share seq., has approved the collection of in-
of the allocation. The procedure will formation contained in this part. OMB
provide a clear basis for the funding de- has assigned clearance number 1024–
cisions. The SHPO must submit any 0038 to this collection of information.
proposed amendment to its procedure The National Park Service (NPS) col-
to the Secretary for approval. The Sec- lects this information as part of the
retary will respond to such a proposal process for reviewing the procedures
in a timely fashion generally within 45 and programs of State and local gov-
days of receipt. ernments participating in the national
(d) Each SHPO must notify annually historic preservation program and the
each CLG of its opportunity to apply Historic Preservation Fund grant pro-
for HPF funding as well as what is en- gram. NPS will use the information to
tailed in the application and project se- evaluate those programs and proce-
lection process. dures for consistency with the National
(e) Each CLG receiving an HPF grant Historic Preservation Act of 1966, as
award from the CLG share is a sub- amended, and compliance with govern-
grantee of the State. The SHPO must ment-wide grant requirements. The ob-
ensure that each CLG adheres to all ap- ligation to respond is required to ob-
plicable grant conditions and govern- tain a benefit under these programs.
ment-wide and program specific re- Note that a Federal agency may not
quirements that the National Park conduct or sponsor, and a person is not
Service issues. The SHPO may require required to respond to, a collection of
specific uses of funds subgranted to information unless it displays a cur-
CLGs. CLGs may not apply subgranted rently valid OMB control number. NPS
HPF monies as matching share for any provides no assurance of confiden-
other Federal grant. tiality to respondents with the excep-
(f) Where there is no approved State tion of locational information con-
program pursuant to § 61.4, the Sec- cerning some properties that govern-
retary will determine the method for ment historic preservation property in-
allocating funds to CLGs in that State ventories include. Pursuant to section
in accordance with the procedures set 304 of the National Historic Preserva-
forth for the State in this section. To tion Act of 1966, as amended, NPS
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National Park Service, Interior § 62.2
tightly controls release of information ural landmarks to voluntarily observe
when such release could have the po- preservation precepts.
tential of damaging those qualities (b) The National Natural Landmarks
which make a property historic. Program identifies and preserves nat-
(b) We estimate the public reporting ural areas that best illustrate the bio-
burden for the collection of this infor- logical and geological character of the
mation to average 14.06 hours per re- United States, enhances the scientific
sponse, including the time for review- and educational values of preserved
ing instructions, searching existing areas, strengthens public appreciation
data sources, gathering and maintain- of natural history, and fosters a great-
ing the data needed, and completing er concern for the conservation of the
and reviewing the collection of infor- nation’s natural heritage.
mation. Send comments regarding this
burden estimate or any other aspect of § 62.2 Definitions.
this collection of information, includ-
ing suggestions for reducing the bur- The following definitions apply to
den, to Ms. Diane M. Cooke, Informa- this part:
tion Collection Officer, National Park National Natural Landmark is an area
Service, 1849 C Street NW, Washington, designated by the Secretary of the In-
D.C. 20240 and to the Office of Manage- terior as being of national significance
ment and Budget, Office of Information to the United States because it is an
and Regulatory Affairs, Attention: outstanding example(s) of major bio-
Desk Officer for the Department of the logical and geological features found
Interior (1024–0038), Washington, D.C. within the boundaries of the United
20503. States or its Territories or on the
Outer Continental Shelf.
PART 62—NATIONAL NATURAL National Registry of Natural Land-
LANDMARKS PROGRAM marks is the official listing of all des-
ignated national natural landmarks.
Sec. National significance describes an area
62.1 Purpose. that is one of the best examples of a bi-
62.2 Definitions. ological community or geological fea-
62.3 Effects of designation. ture within a natural region of the
62.4 Natural landmark designation and rec- United States, including terrestrial
ognition process.
62.5 Natural landmark criteria.
communities, landforms, geological
62.6 Natural landmark monitoring. features and processes, habitats of na-
62.7 Natural landmark modifications. tive plant and animal species, or fossil
62.8 Natural landmark designation removal. evidence of the development of life.
62.9 General provisions. Natural region is a distinct
AUTHORITY: 16 U.S.C. 1a–5, 461 et seq., 463, physiographic province having similar
1908. geologic history, structures, and
SOURCE: 64 FR 25717, May 12, 1999, unless landforms. The basic physiographic
otherwise noted. characteristics of a natural region in-
fluence its vegetation, climate, soils,
§ 62.1 Purpose and animal life. Examples include the
The procedures in this part set forth Atlantic Coastal Plain, Great Basin,
the processes and criteria for the iden- and Brooks Range natural regions.
tification, evaluation, designation and Owner means the individual(s), cor-
monitoring of national natural land- poration(s), or partnership(s) holding
marks. fee simple title to property, or the head
(a) The National Natural Landmarks of the public agency or subordinate em-
Program focuses attention on areas of ployee of the public agency to whom
exceptional natural value to the nation such authority was delegated and who
as a whole rather than to one par- is responsible for administering pub-
ticular State or locality. The program licly owned land. Owner does not in-
recognizes areas preserved by Federal, clude individuals, partnerships, cor-
State and local agencies as well as pri- porations, or public agencies holding
vate organizations and individuals and easements or less than fee interests
encourages the owners of national nat- (including leaseholds) of any form. A
329
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