Nhsc-v1-211

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nhsc-v1-211

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Officer and the Advisory Council on Historic Preservation. For State/County projects the reviewing agency is the Department of Land and Natural Resources.
  • Differences in review procedures: There are two major differences. One difference between Federal and State/County review procedures is that Federal projects must consider effects to properties eligible for the National Register, as well as those already listed on the Register. The provision to consider eligibility is very important in that it requires, an identification and evaluation of historic resources in unsurveyed areas. State/County projects must also consider unregistered properties; however, the determination of eligibility procedures are not formulated...The second major difference is the availability at the Federal level of a conflict resolution mechanism if there is disagreement over appropriate mitigative measures. The mechanism is the Advisory Council on Historic Preservation. There is authority already established at the State level to implement a similar advisory council to advise the governor when conflicts arise between State agencies (Sec. 6E-8); however, the provision has not been implemented. 39/

Acceptance on the National Register

Generally, the National Park Service relies on States and Federal agencies to identify historic properties for National Register listing. Because of the experience and ability of the States and Federal agencies in identifying and evaluating historic and cultural properties, the National Park Service will, in most instances, list nominations by States with approved State programs and by Federal agencies without substantive review. This acceptance requires that the Federal agency or State certify that the procedures for making nominations have been properly followed, the documentation is sufficient, and the nomination meets the National Register criteria for evaluation.

Appeals for Nomination=

The Department of the Interior is in the process of establishing procedures for appealing nominations. Under these procedures, any person or local government may appeal to the Keeper of the National Register the failure or refusal of a nominating authority to nominate a property that they consider to meet the National Register criteria for evaluation.

An applicant seeking to have property nominated to the National Register may appeal directly to the Keeper under the following circumstances:

Where the applicant—
1) Disagrees with the decision of the State Historic Preservation
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