Sec. 82-1-6 - Certified Local Government Participation in the Nomination Process for the National Register of Historic Places (National Historic Preservation Act of 1966, as amended, 16 U.S.C. ' 470 Section 101 (c) (2))

ยง 82-1-6. Certified Local Government Participation in the Nomination Process for the National Register of Historic Places (National Historic Preservation Act of 1966, as amended, 16 U.S.C. ' 470 Section 101 (c) (2))

6.1. Notification of the Commission by the SHPO of National Register nomination of property within local government jurisdiction. Before a property within the jurisdiction of the certified local government may be considered by the State to be nominated to the Secretary for inclusion on the National Register, the State Historic Preservation Officer shall notify in writing the owner, the applicable chief local elected official, and the local Historic Preservation Commission. The Commission, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria for inclusion on the National Register. When the National Register nomination materials have been prepared by the HLC or have been received first by the HLC, the HLC may provide its recommendation and report at the same time it submits a copy of the nomination package to the SHPO for review and comment. When the HLC receives a nomination for comment from the SHPO, it shall have sixty (60) days to submit its recommendation to the SHPO.

6.2. Commission and chief local elected official recommend that a property not be nominated to the National Register. (National Historic Preservation Act of 1966, as amended, 16 U.S.C. ' 470 Section 101 (c) (2) (b)) (See Appendix A). If both the Commission and the chief local elected official recommend that a property not be nominated to the National Register, the SHPO shall take no further action, unless within thirty (30) days of the receipt of such recommendation by the State Historic Preservation Officer an appeal is filed with the state. If such an appeal is filed, the state shall follow the procedures for making a nomination pursuant to 36 CFR 60 (See Appendix B). Any report and recommendation made under this subsection shall be included with any nomination submitted by the state to the Secretary.

6.3. Commission option for required professional qualifications and review of National Register nominations. All nominations, when sent by the State Historic Preservation Officer to the HLC for comment, will be classified as primarily historic, archaeological, and/or architectural in nature.

If an HLC does not have a professional member, the HLC can obtain the opinion of a qualified professional in the area and consider their opinion in their recommendation.

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