Discussion Topic |
|
This thread has been locked |
Ksolem
Trad climber
Monrovia, California
|
|
|
Topic Author's Original Post - Nov 3, 2008 - 03:05pm PT
|
The other day I set off on a favorite short training hike, a sprint up Ryan Mountain from Ryan Campground. On the way I passed through the old Ryan Ranch Ruins and was astounded to see that the Park Service has “restored” these old structures with a nice job of stucco, in a traditional southwest design.
The old information display in the campground still shows these building in their original brick and mortar:
What a joke! They keep pleading they are broke, raise entrance fees, double camping fees in the first year of implementation, and then insult us with this crap?? Isn’t the Fed borrowing money from China in the billions to meet basic expenses?
Last year I watched the Rangers there assemble an armed team to chase down and arrest a guy who was collecting a few rusty old cans from out at Hound Rocks. They said he was stealing artifacts. But it is ok for the park to go out and completely redecorate actual ruins to suit their whims?
Sorry, but the sight of this BS required me to have a rant here. Carry on with all the election stuff…
|
|
Llama
Big Wall climber
The bubble that is Irvine, CA
|
|
Good call.... they didn't restore anything, they covered it up!!
Next they'll stucco over all the rocks to keep us from climbing on them in order to "preserve them for future generations"
What a crock-o-shite
|
|
graham
Social climber
Ventura, California
|
|
I agree I thought they made the walls look like crap.
Way preferred the real deal
|
|
apogee
climber
|
|
Yeah, that really sucks- losing an important part of the human history of JT.
If I remember correctly, though, the ruins had become victims of extensive vandalism in the last few years- maybe this was an (unfortunate) effort to deal with this somehow...?
|
|
Mungeclimber
Trad climber
sorry, just posting out loud.
|
|
f*#king horsesh#t
does anyone have any reason why this might have happened?
i hate repeatedly emailing the park service to find out what the f is going on with crap they do.
|
|
JuanDeFuca
Big Wall climber
Stoney Point
|
|
Did anyone ever see the Movie set Drive in Theater that was built out near Split Rock. God I wish I had a camera.
How many have rolled their cars with the curbs of death?
Juan
|
|
adam d
climber
CA
|
|
Strange that the Antiquities Act doesn't prevent altering the Ryan Ranch. 50 year old trash is protected though. Seems like the "spirit" of the law is getting trampled. Why not just have a fake adobe model at the visitor center if they want that?
I was climbing at White Cliffs of Dover and Hound Rock on the day last year when the Park busted the guy digging cans. Ever hear what happened to him? He had his two kids helping him and was pretty rude to climbers who told him he shouldn't be digging things up.
|
|
MisterE
Trad climber
My Inner Nut
|
|
What a freakin' mess. What kind of screwed-up Federal thinking makes this idea even a little sensible?
|
|
Nefarius
Big Wall climber
somewhere without avatars.........
|
|
Absolutely f*#king disgusting!
Is anyone sure this isn't criminal?
|
|
Ksolem
Trad climber
Monrovia, California
|
|
|
Topic Author's Reply - Nov 3, 2008 - 03:47pm PT
|
" ...I was climbing at White Cliffs of Dover and Hound Rock on the day last year when the Park busted the guy digging cans. Ever hear what happened to him? He had his two kids helping him and was pretty rude to climbers who told him he shouldn't be digging things up... "
That has to be the same day I was there. Actually, I remember seeing the guy walking around with a couple young kids and a shovel and thought the worst. I was relieved to see him digging up trash. Don't know what happenned to him though...
|
|
S.Powers
Social climber
Jtree, now in Alaska
|
|
Your fee dollars didnt go toward that project.
money for those types of programs comes from other sources.
Im not going to sit and explain the whole process at length, but you could google it and read it yourselves.
Not saying I agree with the project, I dont, but when you write letters make sure you have your facts straight.
EDIT :I'll get the CFR section on historic buildings and you can deciede if it is illegal.
|
|
Moof
Big Wall climber
A cube at my soul sucking job in Oregon
|
|
WTF?!
WTF...
|
|
Greg Barnes
climber
|
|
Those look like freaking movie set pieces from a grade B movie.
LAME!!
Shame on the NPS.
|
|
ron gomez
Trad climber
fallbrook,ca
|
|
Ksolem and Mike whata say we cruise there in the dark and return the "articfact" back to its original state. The new stuff looks like......fake. As stated in another thread about fixed lines taken down on a climbers "trail", the feds do what they want and disregard their own rules about screwing with the parks. They can install permanent signs, cables, bridges, etc., etc. without any regard to them screwing up the back country, but if anyone else does it...."book em Danno". The new stuff looks like hell.
Peace
|
|
S.Powers
Social climber
Jtree, now in Alaska
|
|
[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: 36CFR60]
[Page 319-334]
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.
60.1 Authorization and expansion of the National Register.
60.2 Effects of listing under Federal law.
60.3 Definitions.
60.4 Criteria for evaluation.
60.5 Nomination forms and information collection.
60.6 Nominations by the State Historic Preservation Officer under
approved State Historic Preservation programs.
60.7-60.8 [Reserved]
60.9 Nominations by Federal agencies.
60.10 Concurrent State and Federal nominations.
60.11 Requests for nominations.
60.12 Nomination appeals.
60.13 Publication in the Federal Register and other NPS notification.
60.14 Changes and revisions to properties listed in the National
Register.
60.15 Removing properties from the National Register.
Authority: National Historic Preservation Act of 1966, as amended,
16 U.S.C. 470 et seq., and E.O. 11593.
Source: 46 FR 56187, Nov. 16, 1981, unless otherwise noted.
Sec. 60.1 Authorization and expansion of the National Register.
(a) The National Historic Preservation Act of 1966, 80 Stat. 915, 16
U.S.C. 470 et seq., as amended, authorizes the Secretary of the Interior
to expand and maintain a National Register of districts, sites,
buildings, structures, and objects significant in American history,
architecture, archeology, engineering and culture. The regulations
herein set forth the procedural requirements for listing properties on
the National Register.
(b) Properties are added to the National Register through the
following processes.
(1) Those Acts of Congress and Executive orders which create
historic areas of the National Park System administered by the National
Park Service, all or portions of which may be determined to be of
historic significance consistent with the intent of Congress;
(2) Properties declared by the Secretary of the Interior to be of
national significance and designated as National Historic Landmarks;
(3) Nominations prepared under approved State Historic Preservation
Programs, submitted by the State Historic Preservation Officer and
approved by the NPS;
(4) Nominations from any person or local government (only if such
property is located in a State with no approved State Historic
Preservation Program) approved by the NPS and;
(5) Nominations of Federal properties prepared by Federal agencies,
submitted by the Federal Preservation Officer and approved by NPS.
Sec. 60.2 Effects of listing under Federal law.
The National Register is an authoritative guide to be used by
Federal, State, and local governments, private groups and citizens to
identify the Nation's cultural resources and to indicate what properties
should be considered for protection from destruction or impairment.
Listing of private property on the National Register does not prohibit
under Federal law or regulation any actions which may otherwise be taken
by the property owner with respect to the property.
(a) The National Register was designed to be and is administered as
a planning tool. Federal agencies undertaking a project having an effect
on a listed or eligible property must provide the Advisory Council on
Historic Preservation a reasonable opportunity to comment pursuant to
section 106 of the National Historic Preservation Act of 1966, as
amended. The Council has adopted procedures concerning, inter alia,
their commenting responsibility in 36 CFR part 800. Having complied with
this procedural requirement the Federal agency may adopt any course of
action it believes is appropriate. While the Advisory Council comments
must be taken into account and integrated into the decisionmaking
process, program decisions rest with the agency implementing the
undertaking.
(b) Listing in the National Register also makes property owners
eligible to be considered for Federal grants-in-aid for historic
preservation.
Page 320
(c) If a property is listed in the National Register, certain
provisions of the Tax Reform Act of 1976 as amended by the Revenue Act
of 1978 and the Tax Treatment Extension Act of 1980 may apply. These
provisions encourage the preservation of depreciable historic structures
by allowing favorable tax treatments for rehabilitation, and discourage
destruction of historic buildings by eliminating certain otherwise
available Federal tax provisions both for demolition of historic
structures and for new construction on the site of demolished historic
buildings. Owners of historic buildings may benefit from the investment
tax credit provisions of the Revenue Act of 1978. The Economic Recovery
Tax Act of 1981 generally replaces the rehabilitation tax incentives
under these laws beginning January 1, 1982 with a 25% investment tax
credit for rehabilitations of historic commercial, industrial and
residential buildings. This can be combined with a 15-year cost recovery
period for the adjusted basis of the historic building. Historic
buildings with certified rehabilitations receive additional tax savings
by their exemption from any requirement to reduce the basis of the
building by the amount of the credit. The denial of accelerated
depreciation for a building built on the site of a demolished historic
building is repealed effective January 1, 1982. The Tax Treatment
Extension Act of 1980 includes provisions regarding charitable
contributions for conservation purposes of partial interests in
historically important land areas or structures.
(d) If a property contains surface coal resources and is listed in
the National Register, certain provisions of the Surface Mining and
Control Act of 1977 require consideration of a property's historic
values in the determination on issuance of a surface coal mining permit.
Sec. 60.3 Definitions.
(a) Building. A building is a structure created to shelter any form
of human activity, such as a house, barn, church, hotel, or similar
structure. Building may refer to a historically related complex such as
a courthouse and jail or a house and barn.
Examples
Molly Brown House (Denver, CO)
Meek Mansion and Carriage House (Hayward, CA)
Huron County Courthouse and Jail (Norwalk, OH)
Fairntosh Plantation (Durham vicinity, NC)
(b) Chief elected local official. Chief elected local official means
the mayor, county judge, county executive or otherwise titled chief
elected administrative official who is the elected head of the local
political jurisdiction in which the property is located.
(c) Determination of eligibility. A determination of eligibility is
a decision by the Department of the Interior that a district, site,
building, structure or object meets the National Register criteria for
evaluation although the property is not formally listed in the National
Register. A determination of eligibility does not make the property
eligible for such benefits as grants, loans, or tax incentives that have
listing on the National Register as a prerequisite.
(d) District. A district is a geographically definable area, urban
or rural, possessing a significant concentration, linkage, or continuity
of sites, buildings, structures, or objects united by past events or
aesthetically by plan or physical development. A district may also
comprise individual elements separated geographically but linked by
association or history.
Examples
Georgetown Historic District (Washington, DC)
Martin Luther King Historic District (Atlanta, GA)
Durango-Silverton Narrow-Gauge Railroad (right-of-way between Durango
and Silverton, CO)
(e) Federal Preservation Officer. The Federal Preservation Officer
is the official designated by the head of each Federal agency
responsible for coordinating that agency's activities under the National
Historic Preservation Act of 1966, as amended, and Executive Order 11593
including nominating properties under that agency's ownership or control
to the National Register.
Page 321
(f) Keeper of the National Register of Historic Places. The Keeper
is the individual who has been delegated the authority by NPS to list
properties and determine their eligibility for the National Register.
The Keeper may further delegate this authority as he or she deems
appropriate.
(g) Multiple Resource Format submission. A Multiple Resource Format
submission for nominating properties to the National Register is one
which includes all or a defined portion of the cultural resources
identified in a specified geographical area.
(h) National Park Service (NPS). The National Park Service is the
bureau of the Department of Interior to which the Secretary of Interior
has delegated the authority and responsibility for administering the
National Register program.
(i) National Register Nomination Form. National Register Nomination
Form means (1) National Register Nomination Form NPS 10-900, with
accompanying continuation sheets (where necessary) Form NPS 10-900a,
maps and photographs or (2) for Federal nominations, Form No. 10-306,
with continuation sheets (where necessary) Form No. 10-300A, maps and
photographs. Such nomination forms must be ``adequately documented'' and
``technically and professionally correct and sufficient.'' To meet these
requirements the forms and accompanying maps and photographs must be
completed in accord with requirements and guidance in the NPS
publication, ``How to Complete National Register Forms'' and other NPS
technical publications on this subject. Descriptions and statements of
significance must be prepared in accord with standards generally
accepted by academic historians, architectural historians and
archeologists. The nomination form is a legal document and reference for
historical, architectural, and archeological data upon which the
protections for listed and eligible properties are founded. The
nominating authority certifies that the nomination is adequately
documented and technically and professionally correct and sufficient
upon nomination.
(j) Object. An object is a material thing of functional, aesthetic,
cultural, historical or scientific value that may be, by nature or
design, movable yet related to a specific setting or environment.
Examples
Delta Queen Steamboat (Cincinnati, OH)
Adams Memorial (Rock Creek Cemetery, Washington, DC)
Sumpter Valley Gold Dredge (Sumpter, OR)
(k) Owner or owners. The term owner or owners means those
individuals, partnerships, corporations or public agencies holding fee
simple title to property. Owner or owners does not include individuals,
partnerships, corporations or public agencies holding easements or less
than fee interests (including leaseholds) of any nature.
(l) Site. A site is the location of a significant event, a
prehistoric or historic occupation or activity, or a building or
structure, whether standing, ruined, or vanished, where the location
itself maintains historical or archeological value regardless of the
value of any existing structure.
Examples
Cabin Creek Battlefield (Pensacola vicinity, OK)
Mound Cemetery Mound (Chester vicinity, OH)
Mud Springs Pony Express Station Site (Dalton vicinity, NE)
(m) State Historic Preservation Officer. The State Historic
Preservation Officer is the person who has been designated by the
Governor or chief executive or by State statute in each State to
administer the State Historic Preservation Program, including
identifying and nominating eligible properties to the National Register
and otherwise administering applications for listing historic properties
in the National Register.
(n) State Historic Preservation Program. The State Historic
Preservation Program is the program established by each State and
approved by the Secretary of Interior for the purpose of carrying out
the provisions of the National Historic Preservation Act of 1966, as
amended, and related laws and regulations. Such program shall be
approved by the Secretary before the State may nominate properties to
the National Register. Any State Historic
Page 322
Preservation Program in effect under prior authority of law before
December 12, 1980, shall be treated as an approved program until the
Secretary approves a program submitted by the State for purposes of the
Amendments or December 12, 1983, unless the Secretary chooses to rescind
such approval because of program deficiencies.
(o) State Review Board. The State Review Board is a body whose
members represent the professional fields of American history,
architectural history, historic architecture, prehistoric and historic
archeology, and other professional disciplines and may include citizen
members. In States with approved State historic preservation programs
the State Review Board reviews and approves National Register
nominations concerning whether or not they meet the criteria for
evaluation prior to their submittal to the NPS.
(p) Structure. A structure is a work made up of interdependent and
interrelated parts in a definite pattern of organization. Constructed by
man, it is often an engineering project large in scale.
Examples
Swanton Covered Railroad Bridge (Swanton vicinity, VT)
Old Point Loma Lighthouse (San Diego, CA)
North Point Water Tower (Milwaukee, WI)
Reber Radio Telescope (Green Bay vicinity, WI)
(q) Thematic Group Format submission. A Thematic Group Format
submission for nominating properties to the National Register is one
which includes a finite group of resources related to one another in a
clearly distinguishable way. They may be related to a single historic
person, event, or developmental force; of one building type or use, or
designed by a single architect; of a single archeological site form, or
related to a particular set of archeological research problems.
(r) To nominate. To nominate is to propose that a district, site,
building, structure, or object be listed in the National Register of
Historic Places by preparing a nomination form, with accompanying maps
and photographs which adequately document the property and are
technically and professionally correct and sufficient.
Sec. 60.4 Criteria for evaluation.
The criteria applied to evaluate properties (other than areas of the
National Park System and National Historic Landmarks) for the National
Register are listed below. These criteria are worded in a manner to
provide for a wide diversity of resources. The following criteria shall
be used in evaluating properties for nomination to the National
Register, by NPS in reviewing nominations, and for evaluating National
Register eligibility of properties. Guidance in applying the criteria is
further discussed in the ``How To'' publications, Standards & Guidelines
sheets and Keeper's opinions of the National Register. Such materials
are available upon request.
National Register criteria for evaluation. The quality of
significance in American history, architecture, archeology, engineering,
and culture is present in districts, sites, buildings, structures, and
objects that possess integrity of location, design, setting, materials,
workmanship, feeling, and association and
(a) that are associated with events that have made a significant
contribution to the broad patterns of our history; or
(b) that are associated with the lives of persons significant in our
past; or
(c) that embody the distinctive characteristics of a type, period,
or method of construction, or that represent the work of a master, or
that possess high artistic values, or that represent a significant and
distinguishable entity whose components may lack individual distinction;
or
(d) that have yielded, or may be likely to yield, information
important in prehistory or history.
Criteria considerations. Ordinarily cemeteries, birthplaces, or
graves of historical figures, properties owned by religious institutions
or used for religious purposes, structures that have been moved from
their original locations, reconstructed historic buildings, properties
primarily commemorative in nature, and properties that have achieved
significance within the past 50 years shall not be considered eligible
for the National Register. However, such properties will qualify if they
are integral parts of districts that do meet the criteria of if they
fall within the following categories:
(a) A religious property deriving primary significance from
architectural or artistic distinction or historical importance; or
(b) A building or structure removed from its original location but
which is significant primarily for architectural value, or which is
Page 323
the surviving structure most importantly associated with a historic
person or event; or
(c) A birthplace or grave of a historical figure of outstanding
importance if there is no appropriate site or building directly
associated with his productive life.
(d) A cemetery which derives its primary significance from graves of
persons of transcendent importance, from age, from distinctive design
features, or from association with historic events; or
(e) A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner as part of a restoration
master plan, and when no other building or structure with the same
association has survived; or
(f) A property primarily commemorative in intent if design, age,
tradition, or symbolic value has invested it with its own exceptional
significance; or
(g) A property achieving significance within the past 50 years if it
is of exceptional importance.
This exception is described further in NPS ``How To'' 2,
entitled ``How to Evaluate and Nominate Potential National Register
Properties That Have Achieved Significance Within the Last 50 Years''
which is available from the National Register of Historic Places
Division, National Park Service, United States Department of the
Interior, Washington, D.C. 20240.
Sec. 60.5 Nomination forms and information collection.
(a) All nominations to the National Register are to be made on
standard National Register forms. These forms are provided upon request
to the State Historic Preservation Officer, participating Federal
agencies and others by the NPS. For archival reasons, no other forms,
photocopied or otherwise, will be accepted.
(b) The information collection requirements contained in this part
have been approved by the Office of Management and Budget under 44
U.S.C. 3507 and assigned clearance number 1024-0018. The information is
being collected as part of the nomination of properties to the National
Register. This information will be used to evaluate the eligibility of
properties for inclusion in the National Register under established
criteria. The obligation to respond is required to obtain a benefit.
Sec. 60.6 Nominations by the State Historic Preservation Officer under
approved State Historic Preservation programs.
(a) The State Historic Preservation Officer is responsible for
identifying and nominating eligible properties to the National Register.
Nomination forms are prepared under the supervision of the State
Historic Preservation Officer. The State Historic Preservation Officer
establishes statewide priorities for preparation and submittal of
nominations for all properties meeting National Register criteria for
evaluation within the State. All nominations from the State shall be
submitted in accord with the State priorities, which shall be consistent
with an approved State historic preservation plan.
(b) The State shall consult with local authorities in the nomination
process. The State provides notice of the intent to nominate a property
and solicits written comments especially on the significance of the
property and whether or not it meets the National Register criteria for
evaluation. The State notice also gives owners of private property an
opportunity to concur in or object to listing. The notice is carried out
as specified in the subsections below.
(c) As part of the nomination process, each State is required to
notify in writing the property owner(s), except as specified in
paragraph (d) of this section, of the State's intent to bring the
nomination before the State Review Board. The list of owners shall be
obtained from either official land recordation records or tax records,
whichever is more appropriate, within 90 days prior to the notification
of intent to nominate. If in any State the land recordation or tax
records is not the most appropriate list from which to obtain owners
that State shall notify the Keeper in writing and request approval that
an alternative source of owners may be used.
The State is responsible for notifying only those owners whose names
appear on the list consulted. Where there is more than one owner on the
list, each separate owner shall be notified. The State shall send the
written notification at least 30 but not more than 75
Page 324
days before the State Review Board meeting. Required notices may vary in
some details of wording as the States prefer, but the content of notices
must be approved by the National Register. The notice shall give the
owner(s) at least 30 but not more than 75 days to submit written
comments and concur in or object in writing to the nomination of such
property. At least 30 but not more than 75 days before the State Review
Board meeting, the States are also required to notify by the above
mentioned National Register approved notice the applicable chief elected
official of the county (or equivalent governmental unit) and municipal
political jurisdiction in which the property is located. The National
Register nomination shall be on file with the State Historic
Preservation Program during the comment period and a copy made available
by mail when requested by the public, or made available at a location of
reasonable access to all affected property owners, such as a local
library courthouse, or other public place, prior to the State Review
Board meeting so that written comments regarding the nomination can be
prepared.
(d) For a nomination with more than 50 property owners, each State
is required to notify in writing at least 30 but not more than 75 days
in advance of the State Review Board meeting the chief elected local
officials of the county (or equivalent governmental unit) and municipal
political jurisdiction in which the property or district is located. The
State shall provide general notice to property owners concerning the
State's intent to nominate. The general notice shall be published at
least 30 days but not more than 75 days before the State Review Board
meeting and provide an opportunity for the submission of written
comments and provide the owners of private property or a majority of
such owners for districts an opportunity to concur in or object in
writing to the nomination. Such general notice must be published in one
or more local newspapers of general circulation in the area of the
nomination. The content of the notices shall be approved by the National
Register. If such general notice is used to notify the property owners
for a nomination containing more than 50 owners, it is suggested that a
public information meeting be held in the immediate area prior to the
State Review Board meeting. If the State wishes to individually notify
all property owners, it may do so, pursuant to procedures specified in
subsection 60.6(c), in which case, the State need not publish a general
notice.
(e) For Multiple Resource and Thematic Group Format submission, each
district, site, building, structure and object included in the
submission is treated as a separate nomination for the purpose of
notification and to provide owners of private property the opportunity
to concur in or object in writing to the nomination in accord with this
section.
(f) The commenting period following notifications can be waived only
when all property owners and the chief elected local official have
advised the State in writing that they agree to the waiver.
(g) Upon notification, any owner or owners of a private property who
wish to object shall submit to the State Historic Preservation Officer a
notarized statement certifying that the party is the sole or partial
owner of the private property, as appropriate, and objects to the
listing. In nominations with multiple ownership of a single private
property or of districts, the property will not be listed if a majority
of the owners object to listing. Upon receipt of notarized objections
respecting a district or single private property with multiple owners,
it is the responsibility of the State Historic Preservation Officer to
ascertain whether a majority of owners of private property have
objected. If an owner whose name did not appear on the list certifies in
a written notarized statement that the party is the sole or partial
owner of a nominated private property such owner shall be counted by the
State Historic Preservation Officer in determining whether a majority of
owners has objected. Each owner of private property in a district has
one vote regardless of how many properties or what part of one property
that party owns and regardless of whether the property contributes to
the significance of the district.
Page 325
(h) If a property has been submitted to and approved by the State
Review Board for inclusion in the National Register prior to the
effective date of this section, the State Historic Preservation Officer
need not resubmit the property to the State Review Board; but before
submitting the nomination to the NPS shall afford owners of private
property the opportunity to concur in or object to the property's
inclusion in the Register pursuant to applicable notification procedures
described above.
(i) [Reserved]
(j) Completed nomination forms or the documentation proposed for
submission on the nomination forms and comments concerning the
significance of a property and its eligibility for the National Register
are submitted to the State Review Board. The State Review Board shall
review the nomination forms or documentation proposed for submission on
the nomination forms and any comments concerning the property's
significance and eligibility for the National Register. The State Review
Board shall determine whether or not the property meets the National
Register criteria for evaluation and make a recommendation to the State
Historic Preservation Officer to approve or disapprove the nomination.
(k) Nominations approved by the State Review Board and comments
received are then reviewed by the State Historic Preservation Officer
and if he or she finds the nominations to be adequately documented and
technically, professionally, and procedurally correct and sufficient and
in conformance with National Register criteria for evaluation, the
nominations are submitted to the Keeper of the National Register of
Historic Places, National Park Service, United States Department of the
Interior, Washington, D.C. 20240. All comments received by a State and
notarized statements of objection to listing are submitted with a
nomination.
(l) If the State Historic Preservation Officer and the State Review
Board disagree on whether a property meets the National Register
criteria for evaluation, the State Historic Preservation Officer, if he
or she chooses, may submit the nomination with his or her opinion
concerning whether or not the property meets the criteria for evaluation
and the opinion of the State Review Board to the Keeper of the National
Register for a final decision on the listing of the property. The
opinion of the State Review Board may be the minutes of the Review Board
meeting. The State Historic Preservation Officer shall submit such
disputed nominations if so requested within 45 days of the State Review
Board meeting by the State Review Board or the chief elected local
official of the local, county or municipal political subdivision in
which the property is located but need not otherwise do so. Such
nominations will be substantively reviewed by the Keeper.
(m) The State Historic Preservation Officer shall also submit to the
Keeper nominations if so requested under the appeals process in Sec.
60.12.
(n) If the owner of a private property or the majority of such
owners for a district or single property with multiple owners have
objected to the nomination prior to the submittal of a nomination, the
State Historic Preservation Officer shall submit the nomination to the
Keeper only for a determination of eligibility pursuant to subsection
(s) of this section.
(o) The State Historic 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 State Historic 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 State Historic Preservation Officer, the
property meets the National Register criteria for evaluation.
(p) When a State Historic Preservation Officer submits a nomination
form for a property that he or she does not believe meets the National
Register
Page 326
criteria for evaluation, the State Historic 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.
(q) Notice will be provided in the Federal Register that the
nominated property is being considered for listing in the National
Register of Historic Places as specified in Sec. 60.13.
(r) Nominations will be included in the National Register within 45
days of receipt by the Keeper or designee unless the Keeper disapproves
a nomination, an appeal is filed, or the owner of private property (or
the majority of such owners for a district or single property with
multiple owners) objects by notarized statements received by the Keeper
prior to listing. 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.
(s) If the owner of private property (or the majority of such owners
for a district or single property with multiple owners) has objected to
the nomination by notarized statement prior to listing, the Keeper shall
review the nomination and make a determination of eligibility within 45
days of receipt, unless an appeal is filed. The Keeper shall list such
properties determined eligible in the National Register upon receipt of
notarized statements from the owner(s) of private property that the
owner(s) no longer object to listing.
(t) Any person or organization which supports or opposes the
nomination of a property by a State Historic 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 petitions received by the Keeper prior to the listing
of a property in the National Register or a determination of its
eligibility where the private owners object to listing will be
considered by the Keeper and the nomination will be substantively
reviewed.
(u) State Historic Preservation Officers are required to inform the
property owners and the chief elected local official when properties are
listed in the National Register. In the case of a nomination where there
are more than 50 property owners, they may be notified of the entry in
the National Register by the same general notice stated in Sec.
60.6(d). States which notify all property owners individually of entries
in the National Register need not publish a general notice.
(v) In the case of nominations where the owner of private property
(or the majority of such owners for a district or single property with
multiple owners) has objected and the Keeper has determined the
nomination eligible for the National Register, the State Historic
Preservation Officer shall notify the appropriate chief elected local
official and the owner(s) of such property of this determination. The
general notice may be used for properties with more than 50 owners as
described in Sec. 60.6(d) or the State Historic Preservation Officer
may notify the owners individually.
(w) If subsequent to nomination a State makes major revisions to a
nomination or renominates a property rejected by the Keeper, the State
Historic Preservation Officer shall notify the affected property
owner(s) and the chief elected local official of the revisions or
renomination in the same manner as the original notification for the
nomination, but need not resubmit the nomination to the State Review
Board. Comments received and notarized statements of objection must be
forwarded to the Keeper along with the revisions or renomination. The
State Historic Preservation Officer also certifies by the resubmittal
that the affected property owner(s) and the chief elected local official
have been renotified. ``Major revisions'' as used herein
Page 327
means revisions of boundaries or important substantive revisions to the
nomination which could be expected to change the ultimate outcome as to
whether or not the property is listed in the National Register by the
Keeper.
(x) Notwithstanding any provision hereof to the contrary, the State
Historic Preservation Officer in the nomination notification process or
otherwise need not make available to any person or entity (except a
Federal agency planning a project, the property owner, the chief elected
local official of the political jurisdiction in which the property is
located, and the local historic preservation commission for certified
local governments) specific information relating to the location of
properties proposed to be nominated to, or listed in, the National
Register if he or she determines that the disclosure of specific
information would create a risk of destruction or harm to such
properties.
(y) With regard to property under Federal ownership or control,
completed nomination forms shall be submitted to the Federal
Preservation Officer for review and comment. 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.
[46 FR 56187, Nov. 16, 1981, as amended at 48 FR 46308, Oct. 12, 1983]
Sec. Sec. 60.7-60.8 [Reserved]
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.
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;
Page 328
(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.
(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.
Sec. 60.10 Concurrent State and Federal nominations.
(a) State Historic Preservation Officers and Federal Preservation
Officers are encouraged to cooperate in locating, inventorying,
evaluating, and nominating all properties possessing historical,
architectural, archeological, or cultural value. Federal agencies may
nominate properties where a portion of the property is not under Federal
ownership or control.
(b) When a portion of the area included in a Federal nomination is
not located on land under the ownership or control of the Federal
agency, but is an integral part of the cultural resource, the completed
nomination form shall be sent to the State Historic Preservation Officer
for notification to property owners, to give owners of private property
an opportunity to concur in or object to the nomination, to solicit
written comments and for submission to the State Review Board pursuant
to the procedures in Sec. 60.6.
(c) If the State Historic Preservation Officer and the State Review
Board agree that the nomination meets the National Register criteria for
evaluation, the nomination is signed by the State Historic Preservation
Officer and returned to the Federal agency initiating the nomination. If
the State Historic Preservation Officer and the State Review Board
disagree, the nomination shall be returned to the Federal agency with
the opinions of the State Historic Preservation Officer and the State
Review Board concerning the adequacy of the nomination and whether or
not the property meets the criteria for evaluation. The opinion of the
State Review Board may be the minutes of the State Review Board meeting.
The State Historic Preservation
Page 329
Officer's signed opinion and comments shall confirm to the Federal
agency that the State nomination procedures have been fulfilled
including notification requirements. Any comments received by the State
shall be included with the letter as shall any notarized statements
objecting to the listing of private property.
(d) If the owner of any privately owned property, (or a majority of
the owners of such properties within a district or single property with
multiple owners) objects to such inclusion by notarized statement(s) the
Federal Historic Preservation Officer shall submit the nomination to the
Keeper for review and a determination of eligibility. Comments,
opinions, and notarized statements of objection shall be submitted with
the nomination.
(e) The State Historic Preservation Officer shall notify the non-
Federal owners when a concurrent nomination is listed or determined
eligible for the National Register as required in Sec. 60.6.
Sec. 60.11 Requests for nominations.
(a) The State Historic Preservation Officer or Federal Preservation
Officer as appropriate shall respond in writing within 60 days to any
person or organization submitting a completed National Register
nomination form or requesting consideration for any previously prepared
nomination form on record with the State or Federal agency. The response
shall provide a technical opinion concerning whether or not the property
is adequately documented and appears to meet the National Register
criteria for evaluation in Sec. 60.4. If the nomination form is
determined to be inadequately documented, the nominating authority shall
provide the applicant with an explanation of the reasons for that
determination.
(b) If the nomination form does not appear to be adequately
documented, upon receiving notification, it shall be the responsibility
of the applicant to provide necessary additional documentation.
(c) If the nomination form appears to be adequately documented and
if the property appears to meet the National Register criteria for
evaluation, the State Historic Preservation Officer shall comply with
the notification requirements in Sec. 60.6 and schedule the property
for presentation at the earliest possible State Review Board meeting.
Scheduling shall be consistent with the State's established priorities
for processing nominations. If the nomination form is adequately
documented, but the property does not appear to meet National Register
criteria for evaluation, the State Historic Preservation Officer need
not process the nomination, unless so requested by the Keeper pursuant
to Sec. 60.12.
(d) The State Historic Preservation Officer's response shall advise
the applicant of the property's position in accord with the State's
priorities for processing nominations and of the approximate date the
applicant can expect its consideration by the State Review Board. The
State Historic Preservation Officer shall also provide notice to the
applicant of the time and place of the Review Board meeting at least 30
but not more than 75 days before the meeting, as well as complying with
the notification requirements in Sec. 60.6.
(e) Upon action on a nomination by the State Review Board, the State
Historic Preservation Officer shall, within 90 days, submit the
nomination to the National Park Service, or, if the State Historic
Preservation Officer does not consider the property eligible for the
National Register, so advise the applicant within 45 days.
(f) If the applicant substantially revises a nomination form as a
result of comments by the State or Federal agency, it may be treated by
the State Historic Preservation Officer or Federal Preservation Officer
as a new submittal and reprocessed in accord with the requirements in
this section.
(g) The Federal Preservation Officer shall request the comments of
the State Historic Preservation Officer and notify the applicant in
writing within 90 days of receipt of an adequately documented nomination
form as to whether the Federal agency will nominate the property. The
Federal Preservation Officer shall submit an adequately documented
nomination to the National Park Service unless in his or her opinion the
property is not eligible for the National Register.
[48 FR 46308, Oct. 12, 1983]
Page 330
Sec. 60.12 Nomination appeals.
(a) Any person or local government may appeal to the Keeper the
failure or refusal of a nominating authority to nominate a property that
the person or local government considers to meet the National Register
criteria for evaluation upon decision of a nominating authority to not
nominate a property for any reason when requested pursuant to Sec.
60.11, or upon failure of a State Historic Preservation Officer to
nominate a property recommended by the State Review Board. (This action
differs from the procedure for appeals during the review of a nomination
by the National Park Service where an individual or organization may
``petition the Keeper during the nomination process,'' as specified in
Sec. Sec. 60.6(t) and 60.9(i). Upon receipt of such petition the normal
45-day review period will be extended for 30 days beyond the date of the
petition to allow the petitioner to provide additional documentation for
review.)
(b) Such appeal shall include a copy of the nomination form and
documentation previously submitted to the State Historic Preservation
Officer or Federal Preservation Officer, an explanation of why the
applicant is submitting the appeal in accord with this section and shall
include pertinent correspondence from the State Historic Preservation
Officer or Federal Preservation Officer.
(c) The Keeper will respond to the appellant and the State Historic
Preservation Officer or Federal Preservation Officer with a written
explanation either denying or sustaining the appeal within 45 days of
receipt. If the appeal is sustained, the Keeper will:
(1) Request the State Historic Preservation Officer or Federal
Preservation Officer to submit the nomination to the Keeper within 15
days if the nomination has completed the procedural requirements for
nomination as described in Sec. Sec. 60.6 or 60.9 except that
concurrence of the State Review Board, State Historic Preservation
Officer or Federal Preservation Officer is not required; or
(2) If the nomination has not completed these procedural
requirements, request the State Historic Preservation Officer or Federal
Preservation Officer to promptly process the nomination pursuant to
Sec. Sec. 60.6 or 60.9 and submit the nomination to the Keeper without
delay.
(d) State Historic Preservation Officers and Federal Preservation
Officers shall process and submit such nominations if so requested by
the Keeper pursuant to this section. The Secretary reserves the right to
list properties in the National Register or determine properties
eligible for such listing on his own motion when necessary to assist in
the preservation of historic resources and after notifying the owner and
appropriate parties and allowing for a 30-day comment period.
(e) No person shall be considered to have exhausted administrative
remedies with respect to failure to nominate a property to the National
Register until he or she has complied with procedures set forth in this
section. The decision of the Keeper is the final administrative action
on such appeals.
[48 FR 46308, Oct. 12, 1983]
Sec. 60.13 Publication in the Federal Register and other NPS notification.
(a) When a nomination is received, NPS will publish notice in the
Federal Register that the property is being considered for listing in
the National Register. A 15-day commenting period from date of
publication will be provided. When necessary to assist in the
preservation of historic properties this 15-day period may be shortened
or waived.
(b) NPS shall notify the appropriate State Historic Preservation
Officer, Federal Preservation Officer, person or local government when
there is no approved State program of the listing of the property in the
National Register and will publish notice of the listing in the Federal
Register.
(c) In nominations where the owner of any privately owned property
(or a majority of the owners of such properties within a district or
single property with multiple owners) has objected and the Keeper has
determined the nomination eligible for the National Register, NPS shall
notify the State Historic Preservation Officer, the Federal Preservation
Officer (for Federal or concurrent nominations), the person or local
government where there is no approved State Historic
Page 331
Preservation Program and the Advisory Council on Historic Preservation.
NPS will publish notice of the determination of eligibility in the
Federal Register.
Sec. 60.14 Changes and revisions to properties listed in the National
Register.
(a) Boundary changes. (1) A boundary alteration shall be considered
as a new property nomination. All forms, criteria and procedures used in
nominating a property to the National Register must be used. In the case
of boundary enlargements only those owners in the newly nominated as yet
unlisted area need be notified and will be counted in determining
whether a majority of private owners object to listing. In the case of a
diminution of a boundary, owners shall be notified as specified in Sec.
60.15 concerning removing properties from the National Register. A
professionally justified recommendation by the State Historic
Preservation Officer, Federal Preservation Officer, or person or local
government where there is no approved State Historic Preservation
Program shall be presented to NPS. During this process, the property is
not taken off the National Register. If the Keeper or his or her
designee finds the recommendation in accordance with the National
Register criteria for evaluation, the change will be accepted. If the
boundary change is not accepted, the old boundaries will remain.
Boundary revisions may be appealed as provided for in Sec. Sec. 60.12
and 60.15.
(2) Four justifications exist for altering a boundary: Professional
error in the initial nomination, loss of historic integrity, recognition
of additional significance, additional research documenting that a
larger or smaller area should be listed. No enlargement of a boundary
should be recommended unless the additional area possesses previously
unrecognized significance in American history, architecture, archeology,
engineering or culture. No diminution of a boundary should be
recommended unless the properties being removed do not meet the National
Register criteria for evaluation. Any proposal to alter a boundary has
to be documented in detail including photographing the historic
resources falling between the existing boundary and the other proposed
boundary.
(b) Relocating properties listed in the National Register. (1)
Properties listed in the National Register should be moved only when
there is no feasible alternative for preservation. When a property is
moved, every effort should be made to reestablish its historic
orientation, immediate setting, and general environment.
(2) If it is proposed that a property listed in the National
Register be moved and the State Historic Preservation Officer, Federal
agency for a property under Federal ownership or control, or person or
local government where there is no approved State Historic Preservation
Program, wishes the property to remain in the National Register during
and after the move, the State Historic Preservation Officer or Federal
Preservation Officer having ownership or control or person or local
government where there is no approved State Historic Preservation
Program, shall submit documentation to NPS prior to the move. The
documentation shall discuss:
(i) The reasons for the move;
(ii) The effect on the property's historical integrity;
(iii) The new setting and general environment of the proposed site,
including evidence that the proposed site does not possess historical or
archeological significance that would be adversely affected by the
intrusion of the property; and
(iv) Photographs showing the proposed location.
(3) Any such proposal with respect to the new location shall follow
the required notification procedures, shall be approved by the State
Review Board if it is a State nomination and shall continue to follow
normal review procedures. The Keeper shall also follow the required
notification procedures for nominations. The Keeper shall respond to a
properly documented request within 45 days of receipt from the State
Historic Preservation Officer or Federal Preservation Officer, or within
90 days of receipt from a person or local government where there is no
approved State Historic Preservation Program, concerning whether or not
the move is
Page 332
approved. Once the property is moved, the State Historic Preservation
Officer, Federal Preservation Officer, or person or local government
where there is no approved State Historic Preservation Program shall
submit to the Keeper for review:
(i) A letter notifying him or her of the date the property was
moved;
(ii) Photographs of the property on its new site; and
(iii) Revised maps, including a U.S.G.S. map,
(iv) Acreage, and
(v) Verbal boundary description.
The Keeper shall respond to a properly documented submittal within 45
days of receipt with the final decision on whether the property will
remain in the National Register. If the Keeper approves the move, the
property will remain in the National Register during and after the move
unless the integrity of the property is in some unforeseen manner
destroyed. If the Keeper does not approve the move, the property will be
automatically deleted from the National Register when moved. In cases of
properties removed from the National Register, if the State, Federal
agency, or person or local government where there is no approved State
Historic Preservation Program has neglected to obtain prior approval for
the move or has evidence that previously unrecognized significance
exists, or has accrued, the State, Federal agency, person or local
government may resubmit a nomination for the property.
(4) In the event that a property is moved, deletion from the
National Register will be automatic unless the above procedures are
followed prior to the move. If the property has already been moved, it
is the responsibility of the State, Federal agency or person or local
government which nominated the property to notify the National Park
Service. Assuming that the State, Federal agency or person or local
government wishes to have the structure reentered in the National
Register, it must be nominated again on new forms which should discuss:
(i) The reasons for the move;
(ii) The effect on the property's historical integrity, and
(iii) The new setting and general environment, including evidence
that the new site does not possess historical or archeological
significance that would be adversely affected by intrusion of the
property.
In addition, new photographs, acreage, verbal boundary description and a
U.S.G.S. map showing the structure at its new location must be sent
along with the revised nomination. Any such nomination submitted by a
State must be approved by the State Review Board.
(5) Properties moved in a manner consistent with the comments of the
Advisory Council on Historic Preservation, in accord with its procedures
(36 CFR part 800), are granted as exception to Sec. 60.12(b). Moving of
properties in accord with the Advisory Council's procedures should be
dealt with individually in each memorandum of agreement. In such cases,
the State Historic Preservation Officer or the Federal Preservation
Officer, for properties under Federal ownership or control, shall notify
the Keeper of the new location after the move including new
documentation as described above.
Sec. 60.15 Removing properties from the National Register.
(a) Grounds for removing properties from the National Register are
as follows:
(1) The property has ceased to meet the criteria for listing in the
National Register because the qualities which caused it to be originally
listed have been lost or destroyed, or such qualities were lost
subsequent to nomination and prior to listing;
(2) Additional information shows that the property does not meet the
National Register criteria for evaluation;
(3) Error in professional judgment as to whether the property meets
the criteria for evaluation; or
(4) Prejudicial procedural error in the nomination or listing
process. Properties removed from the National Register for procedural
error shall be reconsidered for listing by the Keeper after correction
of the error or errors by the State Historic Preservation Officer,
Federal Preservation Officer, person or local government which
originally nominated the property, or by
Page 333
the Keeper, as appropriate. The procedures set forth for nominations
shall be followed in such reconsiderations. Any property or district
removed from the National Register for procedural deficiencies in the
nomination and/or listing process shall automatically be considered
eligible for inclusion in the National Register without further action
and will be published as such in the Federal Register.
(b) Properties listed in the National Register prior to December 13,
1980, may only be removed from the National Register on the grounds
established in paragraph (a)(1) of this section.
(c) Any person or organization may petition in writing for removal
of a property from the National Register by setting forth the reasons
the property should be removed on the grounds established in paragraph
(a) of this section. With respect to nominations determined eligible for
the National Register because the owners of private property object to
listing, anyone may petition for reconsideration of whether or not the
property meets the criteria for evaluation using these procedures.
Petitions for removal are submitted to the Keeper by the State Historic
Preservation Officer for State nominations, the Federal Preservation
Officer for Federal nominations, and directly to the Keeper from persons
or local governments where there is no approved State Historic
Preservation Program.
(d) Petitions submitted by persons or local governments where there
is no approved State Historic Preservation Program shall include a list
of the owner(s). In such cases the Keeper shall notify the affected
owner(s) and the chief elected local official and give them an
opportunity to comment. For approved State programs, the State Historic
Preservation Officer shall notify the affected owner(s) and chief
elected local official and give them an opportunity to comment prior to
submitting a petition for removal. The Federal Preservation Officer
shall notify and obtain the comments of the appropriate State Historic
Preservation Officer prior to forwarding an appeal to NPS. All comments
and opinions shall be submitted with the petition.
(e) The State Historic Preservation Officer or Federal Preservation
Officer shall respond in writing within 45 days of receipt to petitions
for removal of property from the National Register. The response shall
advise the petitioner of the State Historic Preservation Officer's or
Federal Preservation Officer's views on the petition.
(f) A petitioner desiring to pursue his removal request must notify
the State Historic Preservation Officer or the Federal Preservation
Officer in writing within 45 days of receipt of the written views on the
petition.
(g) The State Historic Preservation Officer may elect to have a
property considered for removal according to the State's nomination
procedures unless the petition is on procedural grounds and shall
schedule it for consideration by the State Review Board as quickly as
all notification requirements can be completed following procedures
outlined in Sec. 60.6, or the State Historic Preservation Officer may
elect to forward the petition for removal to the Keeper with his or her
comments without State Review Board consideration.
(h) Within 15 days after receipt of the petitioner's notification of
intent to pursue his removal request, the State Historic Preservation
Officer shall notify the petitioner in writing either that the State
Review Board will consider the petition on a specified date or that the
petition will be forwarded to the Keeper after notification requirements
have been completed. The State Historic Preservation Officer shall
forward the petitions to the Keeper for review within 15 days after
notification requirements or Review Board consideration, if applicable,
have been completed.
(i) Within 15 days after receipt of the petitioner notification of
intent to pursue his petition, the Federal Preservation Officer shall
forward the petition with his or her comments and those of the State
Historic Preservation Officer to the Keeper.
(j) The Keeper shall respond to a petition for removal within 45
days of receipt, except where the Keeper must notify the owners and the
chief elected local official. In such cases the Keeper shall respond
within 90 days of receipt.
Page 334
The Keeper shall
|
|
Ksolem
Trad climber
Monrovia, California
|
|
|
Topic Author's Reply - Nov 3, 2008 - 03:58pm PT
|
Seriously though, removong all that stucco and somehow transporting all of the resulting debris to a suitable diposal site (the head rangers office comes to mind) would be a daunting task...
The money doesn't come from fees? Other sources? I'll have to try that line on my wife when I blow the household budget on some stupid thing...
When will our public "servants" realize that there is no money to spend anymore?
|
|
S.Powers
Social climber
Jtree, now in Alaska
|
|
Historic Sites Act of 1935
16 U.S.C. sec. 461-467
------------------------------------------------------------------------
Sec. 461. Declaration of national policy
It is declared that it is a national policy to preserve for public use historic sites, buildings, and objects of national significance for the inspiration and benefit of the people of the United States. (Aug. 21, 1935, ch. 593, sec. 1,49 Stat. 666.)
Sec. 462. Administration by Secretary of the Interior; powers and duties enumerated
The Secretary of the Interior (hereinafter in sections 461 to 467 of this title referred to as the Secretary), through the National Park Service, for the purpose of effectuating the policy expressed in section 461 of this title, shall have the following powers and perform the following duties and functions:
(a) Secure, collate, and preserve drawings, plans, photographs, and other data of historic and archaeologic sites, buildings, and objects.
(b) Make a survey of historic and archaeologic sites, buildings, and objects for the purpose of determining which possess exceptional value as commemorating or illustrating the history of the United States.
(c) Make necessary investigations and researches in the United States relating to particular sites, buildings, or objects to obtain true and accurate historical and archaeological facts and information concerning the same.
(d) For the purpose of sections 461 to 467 of this title, acquire in the name of the United States by gift, purchase, or otherwise any property, personal or real, or any interest or estate therein, title to any real property to be satisfactory to the Secretary: Provided, That no such property which is owned by any religious or educational institution, or which is owned or administered for the benefit of the public shall be so acquired without the consent of the owner: Provided further, That no such property shall be acquired or contract or agreement for the acquisition thereof made which will obligate the general fund of the Treasury for the payment of such property, unless or until Congress has appropriated money which is available for that purpose.
(e) Contract and make cooperative agreements with States, municipal subdivisions, corporations, associations, or individuals, with proper bond where deemed advisable, to protect, preserve, maintain, or operate any historic or archaeologic building, site, object, or property used in connection therewith for public use, regardless as to whether the title thereto is in the United States: Provided, That no contract of cooperative agreement shall be made or entered into which will obligate the general fund of the Treasury unless or until Congress has appropriated money for such purpose.
(f) Restore, reconstruct, rehabilitate, preserve, and maintain historic or prehistoric sites, buildings, objects, and properties of national historical or archaeological significance and where deemed desirable establish and maintain museums in connection therewith.
(g) Erect and maintain tablets to mark or commemorate historic or prehistoric places and events of national historical or archaeological significance.
(h) Operate and manage historic and archaeologic sites, buildings, and properties acquired under the provisions of sections 461 to 467 of this title together with lands and subordinate buildings for the benefit of the public, such authority to include the power to charge reasonable visitation fees and grant concessions, leases, or permits for the use of land, building space, roads, or trails when necessary or desirable either to accommodate the public or to facilitate administration: Provided, That the Secretary may grant such concessions, leases, or permits and enter into contracts relating to the same with responsible persons, firms, or corporations without advertising and without securing competitive bids.
463. National Park System Advisory Board
(a) Establishment; composition; duties
A general advisory board to be known as the National Park System Advisory Board is hereby established, to be composed of not to exceed sixteen persons, citizens of the United States who have a demonstrated commitment to the National Park System, to include but not be limited to representatives competent in the fields of history, archaeology, architecture, anthropology, biology, geology, and related disciplines, who shall be appointed by the Secretary for a term not to exceed four years. The Secretary shall take into consideration nominations for appointees from public and private, professional, civic, and educational societies, associations, and institutions. The members of such board shall receive no salary but may be paid expenses incidental to travel when engaged in discharging their duties as members. It shall be the duty of such board to advise the Secretary on matters relating to the National Park System, to other related areas, and to the administration of sections 461 to 467 of this title, including but not limited to matters submitted to it for consideration by the Secretary, but it shall not be required to recommend as to the suitability or desirability of surplus real and related personal property for use as an historic monument. Such board shall also provide recommendations on the designation of national historic landmarks and national natural landmarks. Such board is strongly encouraged to consult with the major scholarly and professional organizations in the appropriate disciplines in making such recommendations.
(b) Termination
The National Park System Advisory Board shall continue to exist until January 1, 1995. The provisions of section 14(b) of the Federal Advisory Committee Act (the Act of October 6, 1972; 86 Stat. 776) are hereby waived with respect to the Board, but in all other respects, it shall be subject to the provisions of the Federal Advisory Committee Act.
(c) National Park Service Advisory Council
There is hereby established the National Park Service Advisory Council (hereafter in this section referred to as the "advisory council") which shall provide advice and counsel to the National Park System Advisory Board. Membership on the advisory council shall be limited to those individuals whose term on the advisory board has expired. Such individuals may serve as long as they remain active except that not more than 12 members may serve on the advisory council at any one time. Members of the advisory council shall not have a vote on the National Park System Advisory Board. Members of the advisory council shall receive no salary but may be paid expenses incidental to travel when engaged in discharging their duties as members. Initially, the Secretary shall choose 12 former members of the Advisory Board to constitute the advisory council. In so doing, the Secretary shall consider their professional expertise and demonstrated commitment to the National Park System and to the Advisory Board.
464. Cooperation with governmental and private agencies
(a) (FOOTNOTE 1) Authorization
(FOOTNOTE 1) Subsection designation "(a)" supplied.
The Secretary, in administering sections 461 to 467 of this title, is authorized to cooperate with and may seek and accept the assistance of any Federal, State, or municipal department or agency, or any educational or scientific institution, or any patriotic association, or any individual.
(b) Advisory committees
When deemed necessary, technical advisory committees may be established to act in an advisory capacity in connection with the restoration or reconstruction of any historic or prehistoric building or structure.
(c) Employment of assistance
Such professional and technical assistance may be employed, and such service may be established as may be required to accomplish the purposes of sections 461 to 467 of this title and for which money may be appropriated by Congress or made available by gifts for such purpose.
465. Jurisdiction of States in acquired lands
Nothing in sections 461 to 467 of this title shall be held to deprive any State, or political subdivision thereof, of its civil and criminal jurisdiction in and over lands acquired by the United States under said sections.
466. Requirement for specific authorization
(a) In general
Except as provided in subsection (b) of this section, notwithstanding any other provision of law, no funds appropriated or otherwise made available to the Secretary of the Interior to carry out section 462(e)or 462(f) of this title may be obligated or expended after October 30, 1992 -
(1) unless the appropriation of such funds has been specifically authorized by law enacted on or after October 30, 1992; or
(2) in excess of the amount prescribed by law enacted on or after October 30, 1992.
(b) Savings provision
Nothing in this section shall prohibit or limit the expenditure or obligation of any funds appropriated prior to January 1, 1993.
(c) Authorization of appropriations
Except as provided by subsection (a) of this section, there is authorized to be appropriated for carrying out the purposes of sections 461 to 467 of this title such sums as the Congress may from time to time determine.
467. Conflict of laws
The provisions of sections 461 to 467 of this title shall control if any of them are in conflict with any other Act or Acts relating to the same subject matter.
|
|
S.Powers
Social climber
Jtree, now in Alaska
|
|
The money doesn't come from fees? Other sources? I'll have to try that line on my wife when I blow the household budget on some stupid thing...
LOL! im just telling you the way it is, if you want things to change educate yourself about them.
EDIT: unless you prefer just bitching about it, in that case carry on.
|
|
Ksolem
Trad climber
Monrovia, California
|
|
|
Topic Author's Reply - Nov 3, 2008 - 04:10pm PT
|
I posted the pictures because although it is too late to do anything about it, I though the larger Supertopo crowd who does not frequent this spot but cares about JTree and other parks should see them.
But you can call it bitching if you like.
Thanks for searching out the above info. I will read it through later.
And yes, I think our government has become masterful at playing shell games with our tax and fee dollars.
|
|
adam d
climber
CA
|
|
S. Powers...maybe just a link to the text next time?
KSolem...yup, must have been the same day. Friends of mine were on Tossed Green and I walked around and saw the guy with his two kids digging up old cans. The guy clearly wasn't into trash pickup though, I talked to some other people who had either heard him say something or talked to him about digging up antiques. Didn't seem like the rusty cans were what he was after either.
Anyhow, I don't know for sure...it'd be interesting to hear what he got charged with after the NPS team got him.
Thanks for the Ryan Ranch debacle info and pics... I'm interested in taking a look when I'm out there this weekend.
|
|
|
SuperTopo on the Web
|
Let us know!