Date: November 18, 1992
Series: Natural and Cultural Resources Management
Part 614: Cultural Resources Management
Originating Office: Division of Refuges
A. Numerous cultural resources have been identified on lands under the control of the Service and as a result of off-Service land undertakings. In order to adequately provide for the protection of important values, regulations and policy require that these resources be evaluated by the Service in consultation with the relevant State Historic Preservation Officer and the National Park Service, as appropriate, to determine their significance for planning, mitigation of effects, and management purposes. Refer to 36 CFR Parts 60, 63, and 800 for a detailed explanation of the National Register evaluation process.
B. In terms of the National Register's criteria and standards, identified cultural resources may have been:
(1) Nominated and listed on the National Register (category 1);
(2) Nominated but are pending listing on the National Register of Historic Places (category 2);
(3) Formally determined eligible for listing on the National Register but have not been nominated (category 3);
(4) Not formally nominated or determined eligible due to insufficient information (category 4); or
(5) Determined to be not eligible for listing (category 5).
C. Identified cultural resources in category 4 that may be affected by a Service undertaking must be evaluated using the criteria found in 36 CFR 60.4 to determine whether they are eligible for listing in the National Register.
A. The Service is responsible under Section 110 of the National Historic Preservation Act to adequately protect and manage, as appropriate, "designated" sites in categories 1, 2, and 3.
B. While sites in category 4 are not formally protected as "designated" areas, project leaders should exercise caution that potential National Register qualities are not inadvertently altered or destroyed as a result of Service undertakings. In most instances, the Service shall be responsible for ensuring that sufficient information is collected to determine whether category 4 sites that may be affected by Service undertakings are eligible for listing in the National Register.
C. Although having no special management requirements in terms of the National Register's criteria and standards, cultural resources falling under category 5 may warrant protection or maintenance for other research, socio-cultural values, or management uses under the Archaeological Resources Protection Act, the Native American Graves Protection and Repatriation Act, and other statutes.
3.3 Preparing National Register Nominations.
Section 110(a) of the National Historic Preservation Act requires Federal agencies to establish a program to locate eligible cultural resources and nominate them to the National Register. As part of ongoing efforts to inventory Service lands, nominations of important cultural resources to the National Register shall be completed as the management situation warrants. These nominations can be prepared by an individual or non-Service party. However, all nominations involving cultural resources located on Service lands must be approved by the Regional Director before being submitted to Headquarters for concurrence by the Federal Preservation Officer. The Regional Office shall be responsible for ensuring that the necessary coordination with the State Historic Preservation Officer takes place prior to submitting the nomination for the Federal Preservation Officer's signature. If the documentation is deemed acceptable, the Federal Preservation Officer will approve the nomination and formally transmit the document to the Keeper of the National Register, National Park Service, for final review and designation.
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