VI. REVISING NOMINATIONS AFTER LISTING

The National Register registration documentation is the only record the National Park Service keeps on listed properties. When additional information on a property is identified after the property is listed, nominating authorities are encouraged to revise the registration documentation. The nominating authority submits new information on National Register continuation sheets. The National Register Staff reviews the new documentation, files it with the original nomination, and enters a notation in the NRIS that additional documentation exists for the property. The National Register bulletin How to Complete the National Register Registration Form provides specific guidance on amending nominations. In certain cases, the National Register staff will amend registration documentation by issuing an SLR after the property has already been listed. This may happen:

. When errors are identified during State Program Review, or
. To change the areas or periods of significance or contributing/noncontributing

The National Register and Tax Act Certifications

Property owners wishing to take advantage of the Federal rehabilitation tax credits must first receive certification that their property is a certified historic structure.

Properties that are individually listed in the National Register, contributing buildings in National Register historic districts, and contributing buildings in certified State or local historic districts are considered certified historic structures for the purposes of the rehabilitation tax credits. Since the National Register does not require extensive documentation for each resource within a historic district, the nomination may not contain a detailed evaluation of significance and integrity for each contributing resource. Therefore, the Part 1 application, which establishes the property as a certified historic structure, must document whether the building for which certification is sought contributes to the area(s) or period(s) of significance as defined in the nomination's statement of significance. If the building at issue does not fall within these parameters, then the nomination must be revised. Nominations are revised either by following the procedures established in 36 CFR 60, or by the issuance of an SLR.

In some cases, the official National Register documentation does not evaluate the contributing /noncontributing status of every resource within a district. In addition, documentation may not address all areas or periods of significance in the district's development. This may particularly be the case with nominations prepared early in the National Register program, or in nominations for districts where more recent research has identified additional areas or periods of significance. When the property clearly reflects values other than those recognized as significant in the district documentation, the property cannot receive certification unless the documentation is formally amended following the procedures outlined in 36 CFR 67. Owners of such properties may, however, request a preliminary certification that a property contributes to the district based on expanded significance. These preliminary determinations become final when the district documentation is formally amended.

Occasionally, however, the SHPO may be unable to process the needed amendment to the existing documentation to finalize preliminary certifications of significance issued by the National Park Service. This may occur, for example, when the SHPO is not able to schedule the proposed amendment for review board consideration in a timely manner. To expedite the certification process, the SHPO may forward the documentation to the appropriate National Park Service office explaining that, while concurring with the need to revise the documentation, the State is unable to make the necessary amendment in time for an owner to obtain a tax credit. The Keeper of the National Register may issue an SLR to amend the documentation.

The SLR can change the scope of the nomination by amending the criteria, periods, or areas of significance of the listed property. The SLR may also change the contributing or noncontributing status of a property within a historic district when the National Register registration documentation does not support the designation. When requesting an SLR, the National Park Service office forwards the certification application and documentation to the Keeper of the National Register, along with a description of the inconsistencies between the application and the National Register nomination, and notifies the applicant and the SHPO that an SLR has been requested. Within thirty days, the Keeper of the National Register or his or her designee decides whether to amend the nomination. When an SLR is issued, copies of the amendment are forwarded to the SHPO and the appropriate National Park Service office.

Changes to the criteria and areas and periods of significance will apply only to certification requests received after the SLR is issued. Property owners who have relied upon the areas and periods of significance in the original National Register documentation will not be penalized. When an SLR changes the contributing/noncontributing status of a resource, the change will apply to the certification request that gave rise to the SLR. Preliminary determinations become final when the SLR is issued.

Applicants may appeal any National Park Service certification decision made following the issuance of an SLR. The appeal should be made to the Chief Appeals Officer according to the process outlined in 36 CFR 67. The Keeper of the National Register has delegated authority to the Chief Appeals Officer to make final decisions on nomination amendments arising through the tax certification process. Because the primary responsibility for amending nominations lies with the SHPOs, the procedures outlined for using the SLR during the tax act certification process do not apply to cases where the SHPO intends to revise the nomination. If the SHPO provides written assurance that he or she will revise the nomination, and the applicant includes adequate documentation in in the certification request to support the revision, the National Park Service may issue a preliminary certification. Final certification is contingent upon completing the nomination revision.