The National Register and Property Owners

Established under the National Historic Preservation Act of 1966, the national historic preservation program is a partnership between the Federal, State, Tribal and local governments; private organizations; and the public. The Act and its provisions establish the framework within which citizens plan, identify, evaluate, register, and protect significant historic and archeological properties throughout the country. Central to this framework is the National Register of Historic Places--the Nation's official list of cultural resources worthy of preservation, administered by the National Park Service (NPS), Department of the Interior. Properties listed in the Register include districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, engineering, and culture.

Historic places are nominated to the National Register by nominating authorities: the State Historic Preservation Officer (SHPO) of the State in which the property is located, the Federal Preservation Officer (FPO) for properties under Federal ownership or control, or by the Tribal Historic Preservation Officer (THPO) if the property is on tribal lands. Anyone can prepare a nomination to the National Register; generally nomination forms are documented by property owners, local governments, citizens or SHPO, FPO or THPO staff. During the time that the SHPO, FPO or THPO reviews the proposed nomination, property owners and local officials are notified of the intent to nominate and public comment is solicited. Owners of private property are given an opportunity to concur in or object to the nomination. If the owner of a private property, or the majority of private property owners for a property or district with multiple owners, objects to the nomination, the historic property cannot be listed in the National Register. In that case, the nominating authority may forward the nomination to the NPS only for a determination of eligibility. If the historic property is listed or determined eligible for listing, then the Advisory Council on Historic Preservation must be afforded the opportunity to comment on any Federal project that may affect it.

Nominations submitted through the States must first be approved by a Review Board appointed by the SHPO (unless otherwise provided for by state law) before being reviewed by the NPS. Nominating authorities forward nominations to the NPS to be considered for registration if a majority of private property owners has not objected to listing. During the National Register's evaluation of nomination documentation, another opportunity for public comment is published in the Federal Register.

There are no Federal historic property designations that place Federal restrictions on private property owners. States and localities may have laws to encourage the preservation of their historic places. Some have enacted their own identification procedures; some use listing in the National Register as an indicator of historic significance. State and local historic preservation programs often provide some protection against the possible harmful effects of State funded, licensed, or assisted projects. Some provide limited financial assistance to owners in the form of grants, loans, or tax benefits. They may establish other protections for preservation purposes. Programs differ from State to State, and within States; your SHPO or local planning department can provide more information.

• Listing in the National Register honors the property by recognizing its importance to its community, State, or the Nation.
• Many property owners propose National Register nominations.
• Under Federal law, private property owners can do anything they wish with their National Register-listed property, provided that no Federal license, permit, or funding is involved.
• Owners have no obligation to open their properties to the public, to restore them, or even to maintain them, if they choose not to do so.
• To ensure public participation in the nomination process, property owners and local officials are notified of proposed nominations to the National Register and provided the opportunity to comment. In addition, once a nomination is submitted to the National Park Service another public comment period is published in the Federal Register.
• Private property owners may object to the proposed nomination of their property to the National Register. If a majority of private property owners objects to a nomination, then the property cannot be listed in the National Register.
• Federal agencies whose projects affect a listed property must give the Advisory Council on Historic Preservation an opportunity to comment on the project and its effects on the property.
• Owners of listed properties may be able to obtain Federal historic preservation funding, when funds are available. In addition, Federal investment tax credits for rehabilitation and other provisions may apply.

Every agency of the Federal government is responsible for pursuing its own mission and mandates in a manner that is also in accordance with the National Historic Preservation Act. In particular, Section 110 of the Act calls on all Federal agencies to establish--in conjunction with the Secretary of the Interior--their own historic preservation programs for the identification, evaluation, and protection of historic properties. These individual agency programs vary greatly in scope, depending in large measure on the degree to which the agency owns, controls, or affects historic properties. The NPS Federal Agency Preservation Assistance Program carries out a number of activities on behalf of the Secretary of the Interior to assist Federal agencies in meeting their historic preservation responsibilities pursuant to Section 110 of the Act. These activities are carried out in accordance with the Secretary's own specific responsibilities under the Act for assisting other Federal agencies. For further information on Federal Agency Historic Preservation, visit www2.cr.nps.gov/pad/fapa_p.htm.

Tribal Historic Preservation

The NPS Tribal Preservation Program assists Indian tribes in preserving their historic properties and cultural traditions. The program originated in 1990, when Congress directed the NPS to study and report on preservation funding needs. The findings of that report, the Keepers of the Treasures--Protecting Historic Properties and Cultural Traditions on Indian Lands, are the foundation of the Tribal Preservation Program.

In 1996 the national historic preservation program entered a new era, as fourteen Indian tribes were approved by NPS (with many more to follow) to assume national program responsibilities on tribal lands, pursuant to Section 101(d) of the National Historic Preservation Act. Among the responsibilities assumed by these tribes are conducting historic property surveys, maintaining permanent inventories of historic properties, nominating properties to the National Register of Historic Places, and reviewing Federal agency undertakings pursuant to Section 106 of the Act. For further information about NPS Tribal Preservation Program, its products and partners, and for a list of TPOs, visit www2.cr.nps.gov/index.htm.

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