NPS Regs

§ 65.10

36 CFR Ch. I (7–1–03 Edition)

more than 50 owners, the general notice specified in § 65.5(d)(3) will be used.
(2) Notice of withdrawal of designation and related National Register listing and determinations of eligibility
will be published periodically in the
FEDERAL REGISTER.
(h) Upon withdrawal of a National
Historic Landmark designation, NPS
will reclaim the certificate and plaque,
if any, issued for that landmark.
(i) An owner shall not be considered
as having exhausted administrative
remedies with respect to dedesignation
of a National Historic Landmark until
after submitting an appeal and receiving a response from NPS in accord with
these procedures.
§ 65.10 Appeals for designation.
(a) Any applicant seeking to have a
property designated a National Historic Landmark may appeal, stating
the grounds for appeal, directly to the
Director, National Park Service, Department of the Interior, Washington,
DC 20240, under the following circumstances:
Where the applicant—
(1) Disagrees with the initial decision
of NPS that the property is not likely
to meet the criteria of the National
Historic Landmarks Program and will
not be submitted to the Advisory
Board; or
(2) Disagrees with the decision of the
Secretary that the property does not
meet the criteria of the National Historic Landmarks Program.
(b) The Director will respond to the
appellant within 60 days. After reviewing the appeal the Director may:
(1) Deny the appeal;
(2) Direct that a National Historic
Landmark nomination be prepared and
processed according to the regulations
if this has not yet occurred; or
(3) Resubmit the nomination to the
Secretary for reconsideration and final
decision.
(c) Any person or organization which
supports or opposes the consideration
of a property for National Historic
Landmark designation may submit an
appeal to the Director, NPS, during the
designation process either supporting
or opposing the designation. Such appeals received by the Director before
the study of the property or before its

submission to the National Park System Advisory Board will be considered
by the Director, the Advisory Board
and the Secretary, as appropriate, in
the designation process.
(d) No person shall be considered to
have exhausted administrative remedies with respect to failure to designate a property a National Historic
Landmark until he or she has complied
with the procedures set forth in this
section.

PART 67—HISTORIC PRESERVATION
CERTIFICATIONS PURSUANT TO
SEC. 48(g) AND SEC. 170(h) OF
THE INTERNAL REVENUE CODE OF
1986
Sec.
67.1 Sec. 48(g) and Sec. 170(h) of the Internal
Revenue Code of 1986.
67.2 Definitions.
67.3 Introduction to certifications of significance and rehabilitation and information
collection.
67.4 Certifications of historic significance.
67.5 Standards for Evaluating Significance
within Registered Historic Districts.
67.6 Certifications of rehabilitation.
67.7 Standards for Rehabilitation.
67.8 Certifications of statutes.
67.9 Certifications of State or local historic
districts.
67.10 Appeals.
67.11 Fees for processing rehabilitation certification requests.
AUTHORITY: Sec. 101(a)(1) of the National
Historic Preservation Act of 1966, 16 U.S.C.
470a–1(a)(170 ed.), as amended; Sec. 48(g) of
the Internal Revenue Code of 1986 (90 Stat.
1519, as amended by 100 Stat. 2085) 26 U.S.C.
48(g); and Sec. 170(h) of the Internal Revenue
Code of 1986 (94 Stat. 3204) 26 U.S.C. 170(h).
SOURCE: 54 FR 6771, Feb. 26, 1990, unless
otherwise noted.

§ 67.1 Sec. 48(g) and Sec. 170(h) of the
Internal Revenue Code of 1986.
(a) Sec. 48(g) of the Internal Revenue
Code of 1986, 90 Stat. 1519, as amended
by 100 Stat. 2085, and Sec. 170(h) of the
Internal Revenue Code of 1986, 94 Stat.
3204, require the Secretary to make
certifications of historic district statutes and of State and local districts,

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National Park Service, Interior

§ 67.1

certifications of significance, and certifications of rehabilitation in connection with certain tax incentives involving historic preservation. These certification responsibilities have been delegated to the National Park Service
(NPS); the following five regional offices issue certifications for the States
listed below them.
Alaska Regional Office, National Park Service, 2525 Gambell Street, Room 107, Anchorage, Alaska 99503:

Alaska
Mid-Atlantic Regional Office, National Park
Service, U.S. Customs House, Second
Floor, Second and Chestnut Streets, Philadelphia, Pennsylvania 19106:
Connecticut
Delaware
District of Columbia
Indiana
Maine
Maryland
Massachusetts
Michigan
New Hampshire
New Jersey
New York
Ohio
Pennsylvania
Rhode Island
Vermont
Virginia
West Virginia
Rocky Mountain Regional Office, National
Park Service, 12795 West Alameda Parkway, P.O. Box 25287, Denver, Colorado
80225:
Colorado
Illinois
Iowa
Kansas
Minnesota
Missouri
Montana
Nebraska
New Mexico
North Dakota
Oklahoma
South Dakota
Texas
Utah
Wisconsin
Wyoming
Southeast Regional Office, National Park
Service, 75 Spring Street SW, Atlanta,
Georgia 30303:
Alabama
Arkansas
Florida
Georgia
Kentucky
Louisiana

Mississippi
North Carolina
Puerto Rico
South Carolina
Tennessee
Virgin Islands
Western Regional Office, National Park
Service, 450 Golden Gate Avenue, P.O. Box
36063, San Francisco, California 94102:
Arizona
California
Hawaii
Idaho
Nevada
Oregon
Washington

(b) The Washington office of the NPS
establishes program direction and considers appeals of certification denials.
The procedures for obtaining certifications are set forth below. It is the responsibility of owners wishing certifications to provide sufficient documentation to the Secretary to make
certification decisions. These procedures, upon their effective date, are applicable to future and pending certification requests, except as otherwise
provided herein.
(c) States receiving Historic Preservation Fund grants from the Department participate in the review of requests for certification, through recommendations to the Secretary by the
State Historic Preservation Officer
(SHPO). The SHPO acts on behalf of
the State in this capacity and, therefore, the NPS is not responsible for any
actions, errors or omissions of the
SHPO.
(1) Requests for certifications and approvals of proposed rehabilitation work
are sent by an owner first to the appropriate SHPO for review. State comments are recorded on National Park
Service Review Sheets (NPS Forms 10–
168 (d) and (e)) and are carefully considered by the Secretary before a certification decision is made. Recommendations of States with approved State
programs are generally followed, but
by law, all certification decisions are
made by the Secretary, based upon professional review of the application and
related information. The decision of
the Secretary may differ from the recommendation of the SHPO.
(2) A State may choose not to participate in the review of certification

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§ 67.2

36 CFR Ch. I (7–1–03 Edition)

requests. States not wishing to participate in the comment process should notify the Secretary in writing of this
fact. Owners from such nonparticipating States may request certifications by sending their applications
directly to the appropriate NPS regional office listed above. In all other
situations, certification requests are
sent first to the appropriate SHPO.
(d) The Internal Revenue Service is
responsible for all procedures, legal determinations, and rules and regulations concerning the tax consequences
of the historic preservation provisions
described in this part. Any certification made by the Secretary pursuant
to this part shall not be considered as
binding upon the Internal Revenue
Service or the Secretary of the Treasury with respect to tax consequences
under the Internal Revenue Code. For
example, certifications made by the
Secretary do not constitute determinations that a structure is of the type
subject to the allowance for depreciation under section 167 of the Code.
§ 67.2 Definitions.
As used in these regulations:
Certified Historic Structure means a
building (and its structural components) which is of a character subject
to the allowance for depreciation provided in section 167 of the Internal Revenue Code of 1986 which is either:
(a) Individually listed in the National
Register; or
(b) Located in a registered historic
district and certified by the Secretary
as being of historic significance to the
district.
Portions of larger buildings, such as
single condominium apartment units,
are no independently considered certified historic structures. Rowhouses,
even with abutting or party walls, are
considered as separate buildings. For
purposes of the certification decisions
set forth in this part, a certified historic structure encompasses the historic building and its site, landscape
features, and environment, generally
referred to herein as a ‘‘property’’ as
defined below. The NPS decision on
listing a property in the National Register of Historic Places, including
boundary determinations, does not
limit the scope of review of the reha-

bilitation project for tax certification
purposes. Such review will include the
entire historic property as it existed
prior to rehabilitation and any related
new construction. For purposes of the
charitable
contribution
provisions
only, a certified historic structure need
not be depreciable to qualify; may be a
structure other than a building; and
may also be a remnant of a building
such as a facade, if that is all that remains. For purposes of the other rehabilitation tax credits under section
48(g) of the Internal Revenue Code, any
property located in a registered historic district is considered a certified
historic structure so that other rehabilitation tax credits are not available;
exemption from this provision can generally occur only if the Secretary has
determined, prior to the rehabilitation
of the property, that it is not of historic significance to the district.
Certified Rehabilitation means any rehabilitation of a certified historic
structure which the Secretary has certified to the Secretary of the Treasury
as being consistent with the historic
character of the certified historic
structure and, where applicable, with
the district in which such structure is
located.
Duly Authorized Representative means
a State or locality’s Chief Elected Official or his or her representative who is
authorized to apply for certification of
State/local statutes and historic districts.
Historic District means a geographically definable area, urban or rural,
that possesses a significant concentration, linkage or continuity of sites,
buildings, structures or objects united
historically or aesthetically by plan or
physical development. A district may
also comprise individual elements separated geographically during the period of significance but linked by association or function.
Inspection means a visit by an authorized representative of the Secretary or a SHPO to a certified historic
structure for the purposes of reviewing
and evaluating the significance of the
structure and the ongoing or completed
rehabilitation work.
National Register of Historic Places
means the National Register of districts, sites, buildings, structures, and

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National Park Service, Interior

§ 67.3

objects significant in American history, architecture, archeology, engineering, and culture that the Secretary
is authorized to expand and maintain
pursuant to section 101(a)(1) of the National Historic Preservation Act of
1966, as amended. The procedures of the
National Register appear in 36 CFR
part 60 et seq.
Owner means a person, partnership,
corporation, or public agency holding a
fee-simple interest in a property or any
other person or entity recognized by
the Internal Revenue Code for purposes
of the applicable tax benefits.
Property means a building and its site
and landscape features.
Registered Historic District means any
district listed in the National Register
or any district which is:
(a) Designated under a State or local
statute which has been certified by the
Secretary as containing criteria which
will substantially achieve the purpose
of preserving and rehabilitating buildings of significance to the district, and
(b) Certified by the Secretary as
meeting substantially all of the requirements for the listing of districts
in the National Register.
Rehabilitation means the process of
returning a building or buildings to a
state of utility, through repair or alteration, which makes possible an efficient use while preserving those portions and features of the building and
its site and environment which are significant to its historic, architectural,
and cultural values as determined by
the Secretary.
Standards for Rehabilitation means the
Secretary’s Standards for Rehabilitation set forth in section 67.7 hereof.
State Historic Preservation Officer
means the official within each State
designated by the Governor or a State
statute to act as liaison for purposes of
administering historic preservation
programs within that State.
State or Local Statute means a law of
a State or local government designating, or providing a method for the
designation of, a historic district or
districts.
[54 FR 6771, Feb. 26, 1990, as amended at 62
FR 30235, June 3, 1997]

§ 67.3 Introduction to certifications of
significance and rehabilitation and
information collection.
(a) Who may apply:
(1) Ordinarily, only the fee simple
owner of the property in question may
apply for the certifications described in
§§ 67.4 and 67.6 hereof. If an application
for an evaluation of significance or rehabilitation project is made by someone other than the fee simple owner,
however, the application must be accompanied by a written statement
from the fee simple owner indicating
that he or she is aware of the application and has no objection to the request for certification.
(2) Upon request of a SHPO the Secretary may determine whether or not a
particular property located within a
registered historic district qualifies as
a certified historic structure. The Secretary shall do so, however, only after
notifying the fee simple owner of
record of the request, informing such
owner of the possible tax consequences
of such a decision, and permitting the
property owner a 30-day time period to
submit written comments to the Secretary prior to decision. Such time period for comment may be waived by the
fee simple owner.
(3) The Secretary may undertake the
certifications described in §§ 67.4 and
67.6 on his own initiative after notifying the fee simple owner and the
SHPO and allowing a comment period
as specified in § 67.3(a)(2).
(4) Owners of properties which appear
to meet National Register criteria but
are yet listed in the National Register
or which are located within potential
historic districts may request preliminary determinations from the Secretary as to whether such properties
may qualify as certified historic structures when and if the properties or the
potential historic districts in which
they are located are listed in the National Register. Preliminary determinations may also be requested for
properties outside the period or area of
significance of registered historic districts as specified in § 67.5(c). Procedures for obtaining these determinations shall be the same as those described in § 67.4. Such determinations

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§ 67.3

36 CFR Ch. I (7–1–03 Edition)

are preliminary only and are not binding on the Secretary. Preliminary determinations of significance will become final as of the date of the listing
of the individual property or district in
the National Register. For properties
outside the period or area of significance of a registered historic district,
preliminary determinations of significance will become final, except as provided below, when the district documentation on file with the NPS is formally amended. If during review of a
request for certification of rehabilitation, it is determined that the property
does not contribute to the significance
of the district because of changes
which occurred after the preliminary
determination of significance was
made, certified historic structure designation will be denied.
(5) Owners of properties not yet designated certified historic structures
may obtain determinations from the
Secretary on whether or not rehabilitation proposals meet the Secretary’s
Standards for Rehabilitation. Such determinations will be made only when
the owner has requested a preliminary
determination of the significance of
the property as described in paragraph
(a)(4) of this section and such request
for determination has been acted upon
by the NPS. Final certifications of rehabilitation will be issued only to owners of certified historic structures. Procedures for obtaining these determinations shall be the same as those described in sec. 67.6.
(b) How to apply:
(1) Requests for certifications of historic significance and of rehabilitation
shall be made on Historic Preservation
Certification Applications (NPS Form
No. 10–168). Normally, two copies of the
application are required; one to be retained by the SHPO and the other to be
forwarded to the NPS. The information
collection requirements contained in
the application and in this part have
been approved by the Office of Management and Budget under 44 U.S.C. 3507
and assigned clearance number 1024–
0009. Part 1 of the application shall be
used in requesting a certification of
historic significance or nonsignificance
and preliminary determinations, while
part 2 of the application shall be used
in requesting an evaluation of a pro-

posed rehabilitation project or, in conjunction with a Request for Certification of Completed Work, a certification of a completed rehabilitation
project. Information contained in the
application is required to obtain a benefit. Public reporting burden for this
form is estimated to average 2.5 hours
per response including the time for reviewing instructions, gathering and
maintaining data, and completing and
reviewing the form. Direct comments
regarding this burden estimate or any
aspect of this form may be made to the
Chief, Administrative Services Division, National Park Service, P.O. Box
37127, Washington, DC 20013–7127 and to
the Office of Management and Budget,
Paperwork Reduction Project Number
1024–0009, Washington, DC 20503.
(2) Application forms are available
from NPS regional offices or the
SHPOs.
(3) Requests for certifications, preliminary determinations, and approvals of proposed rehabilitation projects
shall be sent to the SHPO in participating States. Requests in nonparticipating States shall be sent directly to
the appropriate NPS regional office.
(4) Generally reviews of certification
requests are concluded within 60 days
of receipt of a complete, adequately
documented application, as defined
§ 67.4 and § 67.6 (30 days at the State
level and 30 days at the Federal level).
Where a State has chosen not to participate in the review process, review
by the NPS generally is concluded
within 60 days of receipt of a complete,
adequately documented application.
Where adequate documentation is not
provided, the owner will be notified of
the additional information needed to
undertake or complete review. The
time periods in this part are based on
the receipt of a complete application;
they will be adhered to as closely as
possible and are defined as calendar
days. They are not, however, considered to be mandatory, and the failure
to complete review within the designated periods does not waive or alter
any certification requirement.
(5) Approval of applications and
amendments to applications is conveyed only in writing by duly authorized officials of the NPS acting on behalf of the Secretary. Decisions with

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National Park Service, Interior

§ 67.4

respect to certifications are made on
the basis of the descriptions contained
in the application form and other
available information. In the event of
any discrepancy between the application form and other, supplementary
material submitted with it (such as architectural plans, drawings, specifications, etc.), the applicant shall be requested to resolve the discrepancy in
writing. In the event the discrepancy is
not resolved, the description in the application form shall take precedence.
Falsification of factual representations
in the application is subject to criminal sanctions of up to $10,000 in fines or
imprisonment for up to five years pursuant to 18 U.S.C. 1001.
(6) It is the owner’s responsibility to
notify the Secretary if application reviews are not completed within the
time periods specified above. The Secretary in turn will consult with the appropriate office to ensure that the review is completed in as timely manner
as possible in the circumstances.
(7) Although certifications of significance and rehabilitation are discussed
separately below, owners must submit
part 1 of the Historic Preservation Certification Application prior to, or with,
part 2. Part 2 of the application will
not be processed until an adequately
documented part 1 is on file and acted
upon unless the property is already a
certified historic structure. Reviews of
rehabilitation projects will also not be
undertaken if the owner has objected
to the listing of the property in the National Register.
§ 67.4 Certifications of historic significance.
(a) Requests for certifications of historic significance should be made by
the owner to determine—
(1) That a property located within a
registered historic district is of historic significance to such district; or
(2) That a property located within a
registered historic district is not of
historic significance to such district;
or
(3) That a property not yet on the
National Register appears to meet National Register criteria; or
(4) That a property located within a
potential historic district appears to

contribute to the significance of such
district.
(b) To determine whether or not a
property is individually listed or is
part of a district in the National Register, the owner may consult the listing of National Register properties in
the FEDERAL REGISTER (found in most
large libraries), or contact the appropriate SHPO for current information.
(c) If a property is located within the
boundaries of a registered historic district and the owner wishes the Secretary to certify whether the property
contributes or does not contribute to
the historic significance of the district
or if the owner is requesting a preliminary determination of significance in
accordance with § 67.3(a)(4), the owner
must complete part 1 of the Historic
Preservation Certification Application
according
to
instructions
accompanying the application. Such documentation includes but is not limited
to:
(1) Name and mailing address of
owner;
(2) Name and address of property;
(3) Name of historic district;
(4) Current photographs of property;
photographs of the building and its site
and landscape features prior to alteration if rehabilitation has been completed; photograph(s) showing the property along with adjacent properties and
structures on the street; and photographs of interior features and spaces
adequate to document significance;
(5) Brief description of appearance including alterations, distinctive features and spaces, and date(s) of construction;
(6) Brief statement of significance
summarizing how the property does or
does not reflect the values that give
the district its distinctive historical
and visual character, and explaining
any significance attached to the property itself (i.e., unusual building techniques, important event that took
place there, etc.).
(7) Sketch map clearly delineating
property’s location within the district;
and
(8) Signature of fee simple owner requesting or concurring in a request for
evaluation.
(d) If a property is individually listed
in the National Register, it is generally

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§ 67.4

36 CFR Ch. I (7–1–03 Edition)

considered a certified historic structure and no further certification is required. More specific considerations in
this regard are as follows:
(1) If the property is individually listed in the National Register and the
owner believes it has lost the characteristics which caused it to be nominated and therefore wishes it delisted,
the owner should refer to the delisting
procedures outlined in 36 CFR part 60.
(2) Some properties individually listed in the National Register include
more than one building. In such cases,
the owner must submit a single part 1
application, as described in paragraph
(c) of this section, which includes descriptions of all the buildings within
the listing. The Secretary will utilize
the Standards for Evaluating Significance within Registered Historic Districts (§ 67.5) for the purpose of determining which of the buildings included
within the listing are of historic significance to the property. The requirements of this paragraph are applicable
to certification requests received by
the SHPOs (and the NPS regional offices in the case of nonparticipating
States only) upon the effective date of
these regulations.
(e) Properties containing more than
one building where the buildings are
judged by the Secretary to have been
functionally related historically to
serve an overall purpose, such as a mill
complex or a residence and carriage
house, will be treated as a single certified historic structure, whether the
property is individually listed in the
National Register or is located within
a registered historic district, when rehabilitated as part of an overall
project. Buildings that are functionally
related historically are those which
have functioned together to serve an
overall purpose during the property’s
period of significance. In the case of a
property within a registered historic
district which contains more than one
building where the buildings are judged
to be functionally related historically,
an evaluation will be made to determine whether the component buildings
contribute to the historic significance
of the property and whether the property contributes to the significance of
the historic district as in § 67.4(i). For
questions concerning demolition of

separate structures as part of an overall rehabilitation project, see § 67.6.
(f) Applications for preliminary determinations for individual listing
must show how the property individually meets the National Register Criteria for Evaluation. An application for
a property located in a potential historic district must document how the
district meets the criteria and how the
property contributes to the significance of that district. An application
for a preliminary determination for a
property in a registered historic district which is outside the period or
area of significance in the district documentation on file with the NPS must
document and justify the expanded significance of the district and how the
property contributes to the significance of the district or document the
individual significance of the property.
Applications must contain substantially the same level of documentation
as National Register nominations, as
specified in 36 CFR part 60 and National Register Bulletin 16, ‘‘Guidelines
for Completing National Register of
Historic Places Forms’’ (available from
SHPOs and NPS regional offices). Applications must also include written
assurance from the SHPO that the district nomination is being revised to expand its significance or, for certified
districts, written assurance from the
duly authorized representative that the
district documentation is being revised
to expand its significance, or that the
SHPO is planning to nominate the
property or the district. Owners should
understand that confirmation of intent
to nominate by a SHPO does not constitute listing in the National Register,
nor does it constitute a certification of
significance as required by law for Federal tax incentives. Owners should further understand that they are proceeding at their own risk. If the property or district is not listed in the National Register for procedural, substantive or other reasons; if the district documentation is not formally
amended; or if the significance of the
property has been lost as a result of alterations or damage, these preliminary
determinations of significance will not
become final. The SHPO must nominate the property or the district or the
SHPO for National Register districts

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National Park Service, Interior

§ 67.4

and the duly authorized representative
in the case of certified districts must
submit documentation and have it approved by the NPS to amend the National Register nomination or certified
district or the property or district
must be listed before the preliminary
certification of significance can become final.
(g) For purposes of the other rehabilitation tax credits under sec. 48(g) of
the Internal Revenue Code, properties
within registered historic districts are
presumed to contribute to the significance of such districts unless certified
as nonsignificant by the Secretary.
Owners of nonhistoric properties within registered historic districts, therefore, must obtain a certification of
nonsignificance in order to qualify for
those investment tax credits. If an
owner begins or completes a substantial alteration (within the meaning of
sec. 167(n) of the Internal Revenue
Code) of a property in a registered historic district without knowledge of requirements for certification of nonsignificance, he or she may request certification that the property was not of
historic significance to the district
prior to substantial alteration in the
same manner as stated in sec. 67.4(c).
The owner should be aware, however, of
the requirements under sec. 48(g) of the
Internal Revenue Code that the taxpayer must certify to the Secretary of
the Treasury that, at the beginning of
such substantial alteration, he or she
in good faith was not aware of the certification requirement by the Secretary of the Interior.
(h) The Secretary discourages the
moving of historic buildings from their
original sites. However, if a building is
to be moved as part of a rehabilitation
for which certification is sought, the
owner must follow different procedures
depending on whether the building is
individually listed in the National Register or is within a registered historic
district. When a building is moved,
every effort should be made to re-establish its historic orientation, immediate setting, and general environment.
Moving a building may result in removal of the property from the National Register or, for buildings within
a registered historic district, denial or
revocation of a certification of signifi-

cance; consequently, a moved building
may, in certain circumstances, be ineligible for rehabilitation certification.
(1) Documentation must be submitted that demonstrates:
(i) The effect of the move on the
building’s integrity and appearance
(any proposed demolition, proposed
changes in foundations, etc.);
(ii) Photographs of the site and general environment of the proposed site;
(iii) Evidence that the proposed site
does not possess historical significance
that would be adversely affected by the
moved building;
(iv) The effect of the move on the distinctive historical and visual character
of the district, where applicable; and
(v) The method to be used for moving
the building.
(2) For buildings individually listed
in the National Register, the procedures contained in 36 CFR part 60 must
be followed prior to the move, or the
building will be removed from the National Register, will not be considered
a certified historic structure, and will
have to be renominated for listing. The
owner may submit a part 1 application
in order to receive a preliminary determination from the NPS of whether a
move will cause the property to be removed from the National Register.
However, preliminary approval of such
a part 1 application does not satisfy
the requirements of 36 CFR part 60. The
SHPO must follow the remaining procedures in that regulation so that the
NPS can determine that the moved
building will remain listed in the National Register and retain its status as
a certified historic structure.
(3) If an owner moves (or proposes to
move) a building into a registered historic district or moves (or proposes to
move) a building elsewhere within a
registered historic district, a part 1 application containing the required information described in paragraph (h)(1) of
this section must be submitted. The
building to be moved will be evaluated
to determine if it contributes to the
historic significance of the district
both before and after the move as in
§ 67.4(i).

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36 CFR Ch. I (7–1–03 Edition)

(i) Properties within registered historic districts will be evaluated to determine if they contribute to the historic significance of the district by application of the Secretary’s Standards
for Evaluating Significance within
Registered Historic Districts as set
forth in § 67.5.
(j) Once the significance of a property located within a registered historic district or a potential historic
district has been determined by the
Secretary, written notification will be
sent to the owner and the SHPO in the
form of a certification of significance
or nonsignificance.
(k) Owners shall report to the Secretary through the SHPO any substantial damage, alteration or changes to a
property that occurs after issuance of a
certification of significance and prior
to a final certification of rehabilitation. The Secretary may withdraw a
certification of significance, upon thirty days notice to the owner, if a property has been damaged, altered or
changed effective as of the date of the
occurrence. The property may also be
removed from the National Register, in
accordance with the procedures in 36
CFR part 60. A revocation of certification of significance pursuant to this
part may be appealed under § 67.10. For
damage, alteration or changes caused
by unacceptable rehabilitation work,
see § 67.6(f).
§ 67.5 Standards for Evaluating Significance within Registered Historic Districts.
(a) Properties located within registered historic districts are reviewed
by the Secretary to determine if they
contribute to the historic significance
of the district by applying the following Standards for Evaluating Significance within Registered Historic
Districts.
(1) A building contributing to the historic significance of a district is one
which by location, design, setting, materials, workmanship, feeling and association adds to the district’s sense of
time and place and historical development.
(2) A building not contributing to the
historic significance of a district is one
which does not add to the district’s
sense of time and place and historical

development; or one where the location, design, setting, materials, workmanship, feeling and association have
been so altered or have so deteriorated
that the overall integrity of the building has been irretrievably lost.
(3) Ordinarily buildings that have
been built within the past 50 years
shall not be considered to contribute to
the significance of a district unless a
strong justification concerning their
historical or architectural merit is
given or the historical attributes of the
district are considered to be less than
50 years old.
(b) A condemnation order may be
presented as evidence of physical deterioration of a building but will not of
itself be considered sufficient evidence
to warrant certification of nonsignificance for loss of integrity. In certain
cases it may be necessary for the owner
to submit a structural engineer’s report to help substantiate physical deterioration and/or structural damage.
Guidance on preparing a structural engineer’s report is available from the
appropriate SHPO or NPS regional office.
(c) Some properties listed in the National Register, primarily districts, are
resources whose concentration or continuity possesses greater historical significance than many of their individual
component buildings and structures.
These usually are documented as a
group rather than individually. Accordingly, this type of National Register
documentation is not conclusive for
the purposes of this part and must be
supplemented with information on the
significance of the specific property.
Certifications of significance and nonsignificance will be made on the basis
of the application documentation, existing National Register documentation, and other available information
as needed. The Keeper may amend the
National Register documentation by
issuing a supplementary record if the
application material warrants such an
amendment. If a certification request
is received for a property which is not
yet listed on the National Register or
which is outside a district’s established
period or area of significance, a preliminary determination of significance
will be issued only if the request includes adequate documentation and if

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§ 67.6

there is written assurance from the
SHPO that the SHPO plans to nominate the property or district or that
the district nomination in question is
being revised to expand its significance
or for certified districts, written assurance from the duly authorized representative that the district documentation is being revised to expand
the significance. Certifications will become final when the property or district is listed or when the district documentation is officially amended unless the significance of the property
has been lost as a result of alteration
or damage. For procedures on amending listings to the National Register
and additional information on the use
of National Register documentation
and the supplementary record which is
contained in National Register Bulletin 19, ‘‘Policies and Procedures for
Processing National Register Nominations,’’ consult the appropriate SHPO
or NPS regional office.
(d) Where rehabilitation credits are
sought, certifications of significance
will be made on the appearance and
condition of the property before rehabilitation was begun.
(e) If a nonhistoric surface material
obscures a facade, it may be necessary
for the owner to remove a portion of
the surface material prior to requesting certification so that a determination of significance or nonsignificance
can be made. After the material has
been removed, if the obscured facade
has retained substantial historic integrity and the property otherwise contributes to the historic district, it will
be determined to be a certified historic
structure. However, if the obscuring
material remains when a determination of nonsignificance is requested
under § 67.4(a)(2), the property will be
presumed to contribute to the historic
significance of the district, if otherwise
qualified, and, therefore, not eligible
for the other tax credits under section
48(g) of the Internal Revenue Code.
(f) Additional guidance on certifications of historic significance is available from SHPOs and NPS regional offices.
§ 67.6 Certifications of rehabilitation.
(a) Owners who want rehabilitation
projects for certified historic struc-

tures to be certified by the Secretary
as being consistent with the historic
character of the structure, and, where
applicable, the district in which the
structure is located, thus qualifying as
a certified rehabilitation, shall comply
with the procedures listed below. A fee,
as described in § 67.11, for reviewing all
proposed, ongoing, or completed rehabilitation work is charged by the Secretary. No certification decisions will
be issued on any application until the
appropriate remittance is received.
(1) To initiate review of a rehabilitation project for certification purposes,
an owner must complete part 2 of the
Historic Preservation Certification Application according to instructions accompanying the application. These instructions explain in detail the documentation required for certification of
a rehabilitation project. The application may describe a proposed rehabilitation project, a project in progress, or
a completed project. In all cases, documentation, including photographs adequate to document the appearance of
the structure(s), both on the exterior
and on the interior, and its site and environment prior to rehabilitation must
accompany the application. The social
security or taxpayer identification
number(s) of all owners must be provided in the application. Other documentation, such as window surveys or
cleaning specifications, may be required by reviewing officials to evaluate certain rehabilitation projects.
Plans for any attached, adjacent, or related new construction must also accompany the application. Where necessary documentation is not provided,
review and evaluation may not be completed and a denial of certification will
be issued on the basis of lack of information. Owners are strongly encouraged to submit part 2 of the application
prior to undertaking any rehabilitation
work. Owners who undertake rehabilitation projects without prior approval
from the Secretary do so strictly at
their own risk. Because the circumstances of each rehabilitation
project are unique to the particular
certified historic structure involved,
certifications that may have been
granted to other rehabilitations are
not specifically applicable and may not

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§ 67.6

36 CFR Ch. I (7–1–03 Edition)

be relied on by owners as applicable to
other projects.
(2) A project does not become a certified rehabilitation until it is completed and so designated by the NPS. A
determination that the completed rehabilitation of a property not yet designated a certified historic structure
meets the Secretary’s Standards for
Rehabilitation does not constitute a
certification of rehabilitation. When
requesting certification of a completed
rehabilitation project, the owner shall
submit a Request for Certification of
Completed Work (NPS Form 10–168c)
and provide the project completion
date and a signed statement that the
completed rehabilitation project meets
the Secretary’s Standards for Rehabilitation and is consistent with the work
described in part 2 of the Historic Preservation
Certification
Application.
Also required in requesting certification of a completed rehabilitation
project are costs attributed to the rehabilitation, photographs adequate to
document the completed rehabilitation, and the social security or taxpayer identification number(s) of all
owners.
(b) A rehabilitation project for certification purposes encompasses all
work on the interior and exterior of
the certified historic structure(s) and
its site and environment, as determined by the Secretary, as well as related demolition, new construction or
rehabilitation work which may affect
the historic qualities, integrity or site,
landscape features, and environment of
the certified historic structure(s). More
specific considerations in this regard
are as follows:
(1) All elements of the rehabilitation
project must meet the Secretary’s ten
Standards for Rehabilitation (§ 67.7);
portions of the rehabilitation project
not in conformance with the Standards
may not be exempted. In general, an
owner undertaking a rehabilitation
project will not be held responsible for
prior rehabilitation work not part of
the current project, or rehabilitation
work that was undertaken by previous
owners or third parties.
(2) However, if the Secretary considers or has reason to consider that a
project submitted for certification does
not include the entire rehabilitation

project subject to review hereunder,
the Secretary may choose to deny a rehabilitation certification or to withhold a decision on such a certification
until such time as the Internal Revenue Service, through a private letter
ruling, has determined, pursuant to
these regulations and applicable provisions of the Internal Revenue Code and
income tax regulations, the proper
scope of the rehabilitation project to
be reviewed by the Secretary. Factors
to be taken into account by the Secretary and the Internal Revenue Service in this regard include, but are not
limited to, the facts and circumstance
of each application and (i) whether previous demolition, construction or rehabilitation work irrespective of ownership or control at the time was in fact
undertaken as part of the rehabilitation project for which certification is
sought, and (ii) whether property conveyances, reconfigurations, ostensible
ownership transfers or other transactions were transactions which purportedly limit the scope of a rehabilitation project for the purpose of review
by the Secretary without substantially
altering beneficial ownership or control of the property. The fact that a
property may still qualify as a certified historic structure after having
undergone inappropriate rehabilitation, construction or demolition work
does not preclude the Secretary or the
Internal Revenue Service from determining that such inappropriate work is
part of the rehabilitation project to be
reviewed by the Secretary.
(3) Conformance to the Standards
will be determined on the basis of the
application documentation and other
available information by evaluating
the property as it existed prior to the
commencement of the rehabilitation
project, regardless of when the property becomes or became a certified historic structure.
(4) For rehabilitation projects involving more than one certified historic
structure where the structures are
judged by the Secretary to have been
functionally related historically to
serve an overall purpose, such as a mill
complex or a residence and carriage
house, rehabilitation certification will
be issued on the merits of the overall
project rather than for each structure

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National Park Service, Interior

§ 67.6

or individual component. For rehabilitation projects where there is no historic functional relationship among
the structures, the certification decision will be made for each separate certified historic structure regardless of
how they are grouped for ownership or
development purposes.
(5) Demolition of a building as part of
a rehabilitation project involving multiple buildings may result in denial of
certification of the rehabilitation. In
projects where there is no historic
functional relationship among the
structures being rehabilitated, related
new construction which physically expands one certified historic structure
undergoing rehabilitation and, therefore, directly causes the demolition of
an adjacent structure will generally result in denial of certification of the rehabilitation unless a determination has
been made that the building to be demolished is not a certified historic
structure as in § 67.4(a). In rehabilitation projects where the structures have
been determined to be functionally related historically, demolition of a component may be approved, in limited circumstances, when:
(i) The component is outside the period of significance of the property, or
(ii) The component is so deteriorated
or altered that its integrity has been
irretrievably lost; or
(iii) The component is a secondary
one that generally lacks historic, engineering, or architectural significance
or does not occupy a major portion of
the site and persuasive evidence is
present to show that retention of the
component is not technically or economically feasible.
(6) In situations involving rehabilitation of a certified historic structure in
a historic district, the Secretary will
review the rehabilitation project first
as it affects the certified historic
structure and second as it affects the
district and make a certification decision accordingly.
(7) In the event that an owner of a
portion of a certified historic structure
requests certification for a rehabilitation project related only to that portion, but there is or was a larger related rehabilitation project(s) occurring with respect to the certified historic structure, the Secretary’s deci-

sion on the requested certification will
be based on review of the overall rehabilitation project(s) for the certified
historic structure.
(8) For rehabilitation projects which
are to be completed in phases over the
alternate 60-month period allowed in
section 48(g) of the Internal Revenue
Code, the initial part 2 application and
supporting architectural plans and
specifications should identify the
project as a 60-month phased project
and describe the number and order of
the phases and the general scope of the
overall rehabilitation project. If the
initial part 2 application clearly identifies the project as a phased rehabilitation, the NPS will consider the project
in all its phases as a single rehabilitation. If complete information on the rehabilitation work of the later phases is
not described in the initial part 2 application, it may be submitted at a later
date but must be clearly identified as a
later phase of a 60-month phased
project that was previously submitted
for review. Owners are cautioned that
work undertaken in a later phase of a
60-month phased project that does not
meet the Standards for Rehabilitation,
whether or not submitted for review,
will result in a denial of certification
of the entire rehabilitation with the
tax consequences of such a denial to be
determined by the Secretary of the
Treasury. Separate certifications for
portions
of
phased
rehabilitation
projects will not be issued. Rather the
owner will be directed to comply with
Internal Revenue Service regulations
governing late certifications contained
in 26 CFR 1.48–12.
(c) Upon receipt of the complete application describing the rehabilitation
project, the Secretary shall determine
if the project is consistent with the
Standards for Rehabilitation. If the
project does not meet the Standards
for Rehabilitation, the owner shall be
advised of that fact in writing and,
where possible, will be advised of necessary revisions to meet such Standards. For additional procedures regarding rehabilitation projects determined
not to meet the Standards for Rehabilitation, see § 67.6(f).
(d) Once a proposed or ongoing
project has been approved, substantive
changes in the work as described in the

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§ 67.7

36 CFR Ch. I (7–1–03 Edition)

application must be brought promptly
to the attention of the Secretary by
written statement through the SHPO
to ensure continued conformance to
the Standards; such changes should be
made using a Historic Preservation
Certification
Application
Continuation/Amendment Sheet (NPS Form 10–
168b). The Secretary will notify the
owner and the SHPO in writing whether the revised project continues to
meet the Standards. Oral approvals of
revisions are not authorized or valid.
(e) Completed projects may be inspected by an authorized representative of the Secretary to determine if
the work meets the Standards for Rehabilitation. The Secretary reserves
the right to make inspections at any
time up to five years after completion
of the rehabilitation and to revoke a
certification, after giving the owner 30
days to comment on the matter, if it is
determined that the rehabilitation
project was not undertaken as represented by the owner in his or her application and supporting documentation, or the owner, upon obtaining certification, undertook further unapproved project work inconsistent with
the Secretary’s Standards for Rehabilitation. The tax consequences of a revocation of certification will be determined by the Secretary of the Treasury.
(f) If a proposed, ongoing, or completed rehabilitation project does not
meet the Standards for Rehabilitation,
an explanatory letter will be sent to
the owner with a copy to the SHPO. A
rehabilitated property not in conformance with the Standards for Rehabilitation and which is determined to have
lost those qualities which caused it to
be nominated to the National Register,
will be removed from the National Register in accord with Department of the
Interior regulations 36 CFR part 60.
Similarly, if a property has lost those
qualities which caused it to be designated a certified historic structure,
it will be certified as noncontributing
(see § 67.4 and § 67.5). In either case, the
delisting or certification of nonsignificance is considered effective as of the
date of issue and is not considered to
be retroactive. In these situations, the
Internal Revenue Service will be notified of the substantial alterations. The

tax consequences of a denial of certification will be determined by the Secretary of the Treasury.
§ 67.7

Standards for Rehabilitation.

(a) The following Standards for Rehabilitation are the criteria used to determine if a rehabilitation project
qualifies as a certified rehabilitation.
The intent of the Standards is to assist
the long-term preservation of a property’s significance through the preservation of historic materials and features. The Standards pertain to historic buildings of all materials, construction types, sizes, and occupancy
and encompass the exterior and the interior of historic buildings. The Standards also encompass related landscape
features and the building’s site and environment, as well as attached, adjacent, or related new construction. To
be certified, a rehabilitation project
must be determined by the Secretary
to be consistent with the historic character of the structure(s) and, where applicable, the district in which it is located.
(b) The following Standards are to be
applied
to
specific
rehabilitation
projects in a reasonable manner, taking into consideration economic and
technical feasibility. (The application
of these Standards to rehabilitation
projects is to be the same as under the
previous version so that a project previously acceptable would continue to
be acceptable under these Standards.)
(1) A property shall be used for its
historic purpose or be placed in a new
use that requires minimal change to
the defining characteristics of the
building and its site and environment.
(2) The historic character of a property shall be retained and preserved.
The removal of historic materials or
alteration of features and spaces that
characterize a property shall be avoided.
(3) Each property shall be recognized
as a physical record of its time, place,
and use. Changes that create a false
sense of historical development, such
as adding conjectural features or architectural elements from other buildings,
shall not be undertaken.

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National Park Service, Interior

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(4) Most properties change over time;
those changes that have acquired historic significance in their own right
shall be retained and preserved.
(5) Distinctive features, finishes, and
construction techniques or examples of
craftsmanship that characterize a historic property shall be preserved.
(6) Deteriorated historic features
shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other
visual qualities and, where possible,
materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments,
such as sandblasting, that cause damage to historic materials shall not be
used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archeological resources affected by a project shall be
protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(9) New additions, exterior alterations, or related new construction
shall not destroy historic materials
that characterize the property. The
new work shall be differentiated from
the old and shall be compatible with
the massing, size, scale, and architectural features to protect the historic
integrity of the property and its environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form
and integrity of the historic property
and
its
environment
would
be
unimpaired.
(c) The quality of materials and
craftsmanship used in a rehabilitation
project must be commensurate with
the quality of materials and craftsmanship of the historic building in question. Certain treatments, if improperly
applied, or certain materials by their
physical properties, may cause or accelerate physical deterioration of historic buildings. Inappropriate physical
treatments include, but are not limited

to: improper repointing techniques; improper exterior masonry cleaning
methods; or improper introduction of
insulation where damage to historic
fabric would result. In almost all situations, use of these materials and treatments will result in denial of certification. Similarly, exterior additions
that duplicate the form, material, and
detailing of the structure to the extent
that they compromise the historic
character of the structure will result in
denial of certification. For further information on appropriate and inappropriate rehabilitation treatments, owners are to consult the Guidelines for
Rehabilitating Historic Buildings published by the NPS. ‘‘Preservation
Briefs’’ and additional technical information to help property owners formulate plans for the rehabilitation, preservation, and continued use of historic
properties consistent with the intent of
the Secretary’s Standards for Rehabilitation are available from the SHPOs
and NPS regional offices. Owners are
responsible for procuring this material
as part of property planning for a certified rehabilitation.
(d) In certain limited cases, it may be
necessary to dismantle and rebuild portions of a certified historic structure to
stabilize and repair weakened structural members and systems. In such
cases, the Secretary will consider such
extreme intervention as part of a certified rehabilitation if:
(1) The necessity for dismantling is
justified in supporting documentation;
(2) Significant architectural features
and overall design are retained; and
(3) Adequate historic materials are
retained to maintain the architectural
and historic integrity of the overall
structure.
Section 48(g) of the Internal Revenue
Code of 1986 exempts certified historic
structures from meeting the physical
test for retention of external walls and
internal structural framework specified therein for other rehabilitated
buildings. Nevertheless, owners are
cautioned that the Standards for Rehabilitation require retention of distinguishing historic materials of external
and internal walls as well as structural
systems. In limited instances, rehabilitations involving removal of existing
external walls, i.e., external walls that

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36 CFR Ch. I (7–1–03 Edition)

detract from the historic character of
the structure such as in the case of a
nonsignificant later addition or walls
that have lost their structural integrity due to deterioration, may be certified as meeting the Standards for Rehabilitation.
(e) Prior approval of a project by
Federal, State, and local agencies and
organizations does not ensure certification by the Secretary for Federal tax
purposes. The Secretary’s Standards
for Rehabilitation take precedence
over other regulations and codes in determining whether the rehabilitation
project is consistent with the historic
character of the property and, where
applicable, the district in which it is
located.
(f) The qualities of a property and its
environment which qualify it as a certified historic structure are determined
taking into account all available information, including information derived
from the physical and architectural attributes of the building; such determinations are not limited to information contained in National Register or
related documentation.
§ 67.8

Certifications of statutes.

(a) State or local statutes which will
be certified by the Secretary. For the
purpose of this regulation, a State or
local statute is a law of the State or
local government designating, or providing a method for the designation of,
a historic district or districts. This includes any by-laws or ordinances that
contain information necessary for the
certification of the statute. A statute
must contain criteria which will substantially achieve the purpose of preserving and rehabilitating properties of
historic significance to the district. To
be certified by the Secretary, the statute generally must provide for a duly
designated review body, such as a review board or commission, with power
to review proposed alterations to structures of historic significance within
the boundaries of the district or districts designated under the statute except those owned by governmental entities which, by law, are not under the
jurisdiction of the review body.

(b) When the certification of State
statutes will have an impact on districts in specific localities, the Secretary encourages State governments
to notify and consult with appropriate
local officials prior to submitting a request for certification of the statute.
(c) State enabling legislation which
authorizes local governments to designate, or provides local governments
with a method to designate, a historic
district or districts will not be certified unless accompanied by local
statutes that implement the purposes
of the State law. Adequate State statutes which designate specific historic
districts and do not require specific implementing local statutes will be certified. If the State enabling legislation
contains provisions which do not meet
the intent of the law, local statutes
designated under the authority of the
enabling legislation will not be certified. When State enabling legislation
exists, it must be certified before any
local statutes enacted under its authority can be certified.
(d) Who may apply. Requests for certification of State or local statutes
may be made only by the Chief Elected
Official of the government which enacted the statute or his or her authorized representative. The applicant shall
certify in writing that he or she is authorized by the appropriate State or
local governing body to apply for certification.
(e) Statute certification process. Requests for certification of State or
local statutes shall be made as follows:
(1) The request shall be made in writing from the duly authorized representative certifying that he or she is authorized to apply for certification. The
request should include the name or
title of a person to contact for further
information and his or her address and
telephone number. The authorized representative is responsible for providing
historic district documentation for review and certification prior to the first
certification of significance in a district unless another responsible person
is indicated including his or her address and telephone number. The request shall also include a copy of the

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§ 67.9

statute(s) for which certification is requested, including any by-laws or ordinances that contain information necessary for the certification of the statute. Local governments shall also submit a copy of the State enabling legislation, if any, authorizing the designation of historic districts.
(2) Requests shall be sent to the
SHPO in participating States and directly to appropriate NPS regional offices in nonparticipating States.
(3) The Secretary shall review the
statute(s) and assess whether the statute(s) and any by-laws or ordinances
that contain information necessary for
the certification of the statute contain
criteria
which
will
substantially
achieve the purposes of preserving and
rehabilitating properties of historic
significance to the district(s) based
upon the standards set out above in
§ 67.8(a). The SHPO shall be given a 30day opportunity to comment upon the
request. Comments received from the
SHPO within this time period will be
considered by the Secretary in the review process. If the statute(s) contain
such provisions and if this and other
provisions in the statute will substantially achieve the purpose of preserving
and rehabilitating properties of historic significance to the district, the
Secretary will certify the statute(s).
(4) The Secretary generally provides
written notification within 30 days of
receipt by the NPS to the duly authorized representative and to the SHPO
when certification of the statute is
given or denied. If certification is denied, the notification will provide an
explanation of the reason(s) for such
denial.
(f) Amendment or repeal of statute(s). State or local governments, as
appropriate, must notify the Secretary
in the event that certified statutes are
repealed, whereupon the certification
of the statute (and any districts designated thereunder) will be withdrawn
by the Secretary. If a certified statute
is amended, the duly authorized representative shall submit the amendment(s) to the Secretary, with a copy
to the SHPO, for review in accordance
with the procedures outlined above.
Written notification of the Secretary’s
decision as to whether the amended
statute continues to meet these cri-

teria will be sent to the duly authorized representative and the SHPO within 60 days of receipt.
(g) The Secretary may withdraw certification of a statute (and any districts designated thereunder) on his
own initiative if it is repeal or amended to be inconsistent with certification
requirements after providing the duly
authorized representative and the
SHPO 30 days in which to comment
prior to the withdrawal of certification.
§ 67.9 Certifications of State or local
historic districts.
(a) The particular State or local historic district must also be certified by
the Secretary as substantially meeting
National Register criteria, thereby
qualifying it as a registered historic
district, before the Secretary will process requests for certification of individual properties within a district or
districts established under a certified
statute.
(b) The provision described herein
will not apply to properties within a
State or local district until the district
has been certified, even if the statute
creating the district has been certified
by the Secretary.
(c) The Secretary considers the duly
authorized representative requesting
certification of a statute to be the official responsible for submitting district
documentation for certification. If another person is to assume responsibility for the district documentation,
the letter requesting statute certification shall indicate that person’s
name, address, and telephone number.
The Secretary considers the authorizing statement of the duly authorized
representative to indicate that the jurisdiction involved wishes not only
that the statute in question be certified but also wishes all historic districts designated by the statute to be
certified unless otherwise indicated.
(d) Requests shall be sent to the
SHPO in participating States and directly to the appropriate NPS regional
office in nonparticipating States. The
SHPO shall be given a 30-day opportunity to comment upon an adequately
documented request. Comments received from the SHPO within this time

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36 CFR Ch. I (7–1–03 Edition)

period will be considered by the Secretary in the review process. The
guidelines in National Register Bulletin 16, ‘‘Guidelines for Completing
National Register of Historic Places
Forms,’’ provide information on how to
document historic districts for the National Register. Each request should
include the following documentation:
(1) A description of the general physical or historical qualities which make
this a district; and explanation for the
choice of boundaries for the district;
descriptions of typical architectural
styles and types of buildings in the district.
(2) A concise statement of why the
district has significance, including an
explanation of the areas and periods of
significance, and why it meets National Register criteria for listing (see
36 CFR part 60); the relevant criteria
should be identified (A, B, C, and D).
(3) A definition of what types of properties contribute and do not contribute
to the significance of the district as
well as an estimate of the percentage
of properties within the district that
do not contribute to its significance.
(4) A map showing all district properties with, if possible, identification
of contributing and noncontributing
properties; the map should clearly
show the district’s boundaries.
(5) Photographs of typical areas in
the district as well as major types of
contributing and noncontributing properties; all photographs should be keyed
to the map.
(e) Districts designated by certified
State or local statutes shall be evaluated using the National Register criteria (36 CFR part 60) within 30 days of
the receipt of the required documentation by the Secretary. Written notification of the Secretary’s decision will
be sent to the duly authorized representative or to the person designated
as responsible for the district documentation.
(f) Certification of statutes and districts does not constitute certification
of significance of individual properties
within the district or of rehabilitation
projects by the Secretary.
(g) Districts certified by the Secretary as substantially meeting the requirements for listing will be determined eligible for listing in the Na-

tional Register at the time time of certification and will be published as such
in the FEDERAL REGISTER.
(h) Documentation on additional districts designated under a State or local
statute the has been certified by the
Secretary should be submitted to the
Secretary for certification following
the same procedures and including the
same information outlined in the section above.
(i) State or local governments, as appropriate, shall notify the Secretary if
a certified district designation is
amended (including boundary changes)
or repealed. If a certified district designation is amended, the duly authorized representative shall submit documentation describing the change(s)
and, if the district has been increased
in size, information on the new areas
as outlined in § 67.9. A revised statement of significance for the district as
a whole shall also be included to reflect
any changes in overall significance as a
result of the addition or deletion of
areas. Review procedures shall follow
those outlined in § 67.9 (d) and (e). The
Secretary will withdraw certification
of repealed or inappropriately amended
certified district designations, thereby
disqualifying them as registered historic districts.
(j) The Secretary may withdraw certification of a district on his own initiative if it ceases to meet the National
Register Criteria for Evaluation after
providing the duly authorized representative and the SHPO 30 days in
which to comment prior to withdrawal
of certification.
(k) The Secretary urges State and
local review boards of commissions to
become familiar with the Standards
used by the Secretary of the Interior
for certifying the rehabilitation of historic properties and to consider their
adoption for local design review.
§ 67.10 Appeals.
(a) An appeal by the owner, or duly
authorized representative as appropriate, may be made from any of the
certifications or denials of certification made pursuant to this part or
any decisions made pursuant to
§ 67.6(f). Such appeals must be in writing and received by the Chief Appeals
Officer, Cultural Resources, National

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National Park Service, Interior

§ 67.11

Park Service, U.S. Department of the
Interior, P.O. Box 37127, Washington,
DC 20013–7127, within 30 days of receipt
of the decision which is the subject of
the appeal. The appellant may request
an opportunity for a meeting to discuss
the appeal but all information the
owner wishes the Chief Appeals Officer
to consider must be submitted in writing. The SHPO will be notified that an
appeal is pending. The Chief Appeals
Officer will consider the record of the
decision in question, any further written submissions by the owner, and
other available information and shall
provide the appellant a written decision as promptly as circumstances permit. Such appeals constitute an administrative review of the decision appealed from and are not conducted as
an adjudicative proceeding.
(b) The denial of a preliminary determination of significance for an individual property may not be appealed by
the owner because the denial itself does
not exhaust the administrative remedy
that is available. The owner instead
must seek recourse by undertaking the
usual nomination process (36 CFR part
60). Similarly, the denial of preliminary certification for a rehabilitation
for a rehabilitation project for a property that is not a certified historic
structure may not be appealed. The
owner must seek a final certification of
significance as the next step, rather
than appealing the denial of rehabilitation certification. Administrative reviews in these circumstances may be
performed at the discretion of the
Chief Appeals Officer. The decision to
undertaken an administrative review
will be made on a case-by-case basis,
depending on particular facts and circumstances and the Chief Appeals Officer’s schedule, the expected date for
nomination, and the nature of the rehabilitation project (proposed, ongoing, or completed). Administrative reviews of rehabilitation projects will
not be undertaken if the owner has objected to the listing of the property in
the National Register.
(c) In considering such appeals or administrative reviews, the Chief Appeals
Officer shall take in account alleged
errors in professional judgment or alleged prejudicial procedural errors by

NPS officials. The Chief Appeals Officer’s decision may:
(1) Reverse the appealed decision;
(2) Affirm the appealed decision;
(3) Resubmit the matter to the appropriate Regional Director for further
consideration; or
(4) Where appropriate, withhold a decision until issuance of a ruling from
the Internal Revenue Service pursuant
to § 67.6(b)(2).
The Chief Appeals Officer may base his
decision in whole or part on matters or
factors not discussed in the decision
appealed from. The Chief Appeals Officer is authorized to issue the certifications discussed in this part only if he
considers that the requested certification meets the applicable statutory
standard upon application of the
Standards set forth herein or he considers that prejudicial procedural error
by a Federal official legally compels
issuance of the requested certification.
(d) The decision of the Chief Appeals
Officer shall be the final administrative decision on the appeal. No person
shall be considered to have exhausted
his or her administrative remedies
with respect to the certifications or decisions described in this part until the
Chief Appeals Officer has issued a final
administrative decision pursuant to
this section.
§ 67.11 Fees for processing rehabilitation certification requests.
(a) Fees are charged for reviewing rehabilitation certification requests in
accordance with the schedule below.
(b) Payment shall not be made until
requested by the NPS regional office
according
to
instructions
accompanying the Historic Preservation Certification Application. All checks shall
be made payable to: National Park Services. A certification decision will not be
issued on an application until the appropriate remittance is received. Fees
are nonrefundable.
(c) The fee for review of proposed or
ongoing rehabilitation projects for
projects over $20,000 is $250. The fees for
review of completed rehabilitation
projects are based on the dollar
amount of the costs attributed solely
to the rehabilitation of the certified
historic structure as provided by the

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Pt. 68

36 CFR Ch. I (7–1–03 Edition)

owner in the Historic Preservation Certification Application, Request for Certification of Completed Work (NPS
Form 10–168c), as follows:
Fee
$500
$800
$1,500
$2,500

PART 68—THE SECRETARY OF THE
INTERIOR’S STANDARDS FOR THE
TREATMENT
OF
HISTORIC
PROPERTIES

Size of rehabilitation

Sec.
68.1 Intent.
68.2 Definitions.
68.3 Standards.

$20,000 to $99,999
$100,000 to $499,999
$500,000 to $999,999
$1,000,000 or more

If review of a proposed or ongoing rehabilitation project had been undertaken by the Secretary prior to submission of Request for Certification of
Completed Work, the initial fee of $250
will be deducted from these fees. No fee
will be charged for rehabilitations
under $20,000.
(d) In general, each rehabilitation of
a separate certified historic structure
will be considered a separate project
for purposes of computing the size of
the fee.
(1) In the case of a rehabilitation
project which includes more than one
certified historic structure where the
structures are judged by the Secretary
to have been functionally related historically to serve an overall purpose,
the fee for preliminary review is $250
and the fee for final review is computed
on the basis of the total rehabilitation
costs.
(2) In the case of multiple building
projects where there is no historic
functional relationship amont the
structures and which are under the
same ownership; are located in the
same historic district; are adjacent or
contiguous; are of the same architectural type (e.g., rowhouses, loft buildings, commercial buildings); and are
submitted by the owner for review at
the same time, the fee for preliminary
review is $250 per structure to a maximum of $2,500 and the fee for final review is computed on the basis of the
total rehabilitation costs of the entire
multiple building project to a maximum of $2,500. If the $2,500 maximum
fee was paid at the time of review of
the proposed or ongoing rehabilitation
project, no further fee will be charged
for review of a Request for Certification of Completed Work.

AUTHORITY: The National Historic Preservation Act of 1966, as amended (16 U.S.C. 470
et seq.); sec. 2124 of the Tax Reform Act of
1976, 90 Stat. 1918; EO 11593, 3 CFR part 75
(1971); sec. 2 of Reorganization Plan No. 3 of
1950 (64 Stat. 1262).
SOURCE: 60 FR 35843, July 12, 1995, unless
otherwise noted.

§ 68.1 Intent.
The intent of this part is to set forth
standards for the treatment of historic
properties containing standards for
preservation, rehabilitation, restoration and reconstruction. These standards apply to all proposed grant-in-aid
development projects assisted through
the National Historic Preservation
Fund. 36 CFR part 67 focuses on ‘‘certified historic structures’’ as defined by
the IRS Code of 1986. Those regulations
are used in the Preservation Tax Incentives Program. 36 CFR part 67 should
continue to be used when property
owners are seeking certification for
Federal tax benefits.
§ 68.2 Definitions.
The standards for the treatment of
historic properties will be used by the
National Park Service and State historic preservation officers and their
staff members in planning, undertaking and supervising grant-assisted
projects for preservation, rehabilitation, restoration and reconstruction.
For the purposes of this part:
(a) Preservation means the act or
process of applying measures necessary
to sustain the existing form, integrity
and materials of an historic property.
Work, including preliminary measures
to protect and stabilize the property,
generally focuses upon the ongoing
maintenance and repair of historic materials and features rather than extensive replacement and new construction.
New exterior additions are not within
the scope of this treatment; however,
the limited and sensitive upgrading of

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