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the property is located are notified and given 45 days in which to comment.

After receiving the comments of the State Historic Preservation Officer and chief elected 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.

Determination of Eligibility: Many Federal agencies have not completed the inventory of all properties under their ownership that appear to qualify for inclusion on the National Register. In the absence of such inventories, and before any projects are undertaken that may harm possible historical sites, Federal agencies are required to request the opinion of the Secretary of the Interior regarding properties that may be eligible for inclusion on the Register. Thus, the Keeper of the National Register will make a "determination of eligibility" regarding such properties.

An important role in this process is played by the Advisory Council on Historic Preservation. The Council has regulations whose purpose is to protect properties included in, or eligible for inclusion in, the National Register. This protection is afforded through review and comment by the Council on Federal undertakings that affect such properties. The process of consultation is designed to ensure that alternatives to avoid or mitigate an adverse effect on a National Register or eligible property are adequately considered in the Federal agency's planning process. It should be noted, however, that ultimately the decision lies with the Federal agency on whether or not to change its plans.

Determination of eligibility does not constitute listing in the National Register. However, properties determined eligible receive the same governmental protection from harm and destruction as those on the Register. Private owners of property on the eligible list are not eligible for benefits such as grants, loans, or tax incentives that have listing on the National Register as a prerequisite. Determination of eligibility may be made with or without the request of the Federal agency involved. After the determination, written notice is given to the Federal agency and the State Historic Preservation Officer. In addition, public notice of properties determined eligible is published in the Federal Register.

Differences in Review Processes: There are several differences between the review procedures for Federal and State/County projects. The Hawaii State Historic Preservation Plan summarizes them as follows:

  • Differences in legal authority: Legal authority mandating review of federal projects stems primarily from Sec. 106 of the National Historic Preservation Act of 1966, Executive Order 11593, the National Environmental Policy Act, and Sec. 4F of the Department of Transportation Act of 1966. Legal authority mandating review of the State/County projects stems from Sec. 6E-8, [Hawaii Revised Statutes].
  • Differences in reviewing agencies: The primary reviewing agencies for federal projects are the State Historic Preservation.

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