[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Rules and Regulations]
[Pages 57878-57882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28256]



[[Page 57878]]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 73

RIN 1024-AC74


World Heritage Convention

AGENCY: National Park Service, Interior.

ACTION: Interim rule.

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SUMMARY: We are promulgating an interim rule to correct elements in two 
sections of the United States World Heritage Program regulations 
(Section 7 World Heritage Nomination Process and Section 9 World 
Heritage Criteria). We are making these changes to eliminate an 
obsolete calendar for the preparation and submission of United States 
nominations to the World Heritage List and to replace outdated criteria 
for nomination of sites. Also the name of the U.S. House of 
Representatives Resources Committee, the successor to the Committee on 
Interior and Insular Affairs, is being substituted for its predecessor 
in the same sections. We intend the changed sections to provide current 
information to the public and agencies of government at all levels on 
how the United States nominates sites to the World Heritage List 
established by the World Heritage Convention.

DATES: This rule becomes effective November 19, 2001. Comments must be 
received on or before January 18, 2002.

ADDRESSES: You may submit your comments to: Chief, Office of 
International Affairs, National Park Service, 1849 C Street, NW., Room 
2252, Washington, DC 20240. E-mail: [email protected]. Fax: (202) 
208-1290.

FOR FURTHER INFORMATION CONTACT: James Charleton, International 
Cooperation Specialist, 1849 C Street, NW., Room 2252, Washington, DC 
20240. Phone: (202) 565-1280. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The World Heritage Program regulations describe the policies and 
procedures which the Department of the Interior uses to carry out the 
program authorized by Congress in accordance with the World Heritage 
Convention (hereafter known as ``Convention''), a treaty ratified by 
the United States Senate in 1973. The World Heritage Program is an 
international listing program for recognizing universally important 
natural areas and cultural sites in sovereign nations around the world. 
One of the major national activities under the Convention is the 
nomination of sites proposed voluntarily by their owners to the World 
Heritage List. Elements in two sections of the regulations that deal 
with the United States nomination process are no longer accurate or 
applicable. We are publishing this revised rule to correct these 
elements and make current and accurate information available to the 
public.
    The changes eliminate an obsolete calendar for the preparation and 
submission of United States nominations to the World Heritage List and 
replace outdated criteria for nominating sites. Both the calendar and 
the criteria, which the United States has played a role in determining, 
are established and have been changed by the World Heritage Committee 
(hereafter known as ``Committee''). First, the United States calendar 
has been based on a fixed annual nomination submission deadline to the 
World Heritage Centre of January 1, which beginning in 2002, will be 
February 1 of a given year for consideration in the summer of the 
following year. The Committee has altered this date several times for 
administrative reasons and may again change it. In our revision, 
therefore, we have set up the U.S. nomination calendar to run 
independently of the Committee's deadlines for submittal of 
nominations. That means that we will submit nominations to the World 
Heritage Centre when the United States has approved them, regardless of 
when in the calendar that occurs. When we submit them, we will request 
that the Committee consider them in the next available review cycle. 
Second, the revision of the criteria for nominating sites means that 
those who prepare future nominations must use the new criteria.
    If this revised rule is not published, those who consult the 
program regulations will continue to rely on inaccurate information 
about the program calendar and criteria for consideration. If they do 
so, consideration of their proposals for nominations might be delayed 
by as much as a year. The discrepancies between the current regulations 
and the procedures actually in effect have led to confusion, which we 
intend the changes in this rule to eliminate.
    We intend to make further revisions in the World Heritage 
regulations to enhance public participation, including more explicit 
procedures for public participation and more extensive notification to 
potentially interested parties of the actions we take, than the current 
regulations require. When we do so, we will use general notice and 
comment rulemaking with full public involvement.

Authority

    We are promulgating this rule pursuant to the Secretary of the 
Interior's authority under Title IV of the National Historic 
Preservation Amendments of 1980 (Pub. L. 96-515; 94 Stat. 3000; 15 
U.S.C. 470a-1, a-2) which authorizes the Secretary of the Interior, in 
cooperation with the Secretary of State, the Smithsonian Institution, 
and the Advisory Council on Historic Preservation, to ensure and direct 
United States participation in the World Heritage Convention 
(Convention Concerning the Protection of the World Cultural and Natural 
Heritage), approved by the United States Senate on October 26, 1973.

Interim Rulemaking

    You can find definitive official guidance for the World Heritage 
Program's policy and procedures only in these program regulations. 
Information sheets, websites, and other means of presenting this 
information as informal agency guidelines do not carry the force of law 
that accompanies formal rules that are published as part of the Code of 
Federal Regulations. Taking no action in this case means that the 
public will continue to receive and rely on outdated information.
    The purpose of this rulemaking is to provide current information to 
parties interested in the program as soon as possible. For this reason, 
the interim rule needs to be effective upon the date of publication.
    We intend this rulemaking action to provide current and accurate 
information to government agencies and the public that is necessary for 
them to participate in the World Heritage nomination process in a 
meaningful way.
    We are promulgating this interim rule under the ``good cause'' 
exception of the Administrative Procedure Act (5 U.S.C. 553(b)(B)) from 
general notice and comment rulemaking. As discussed above, we believe 
that this exception is warranted because of the need to inform the 
public in as timely a manner as possible.
    Based upon this discussion, we find pursuant to 5 U.S.C. 533(b)(B) 
that it would be contrary to the public interest to publish a notice of 
proposed rulemaking. We are, however, soliciting comments and will 
review comments and consider making changes to the rule based upon an 
analysis of comments.
    Further, in accordance with the Administrative Procedure Act (5 
U.S.C.

[[Page 57879]]

531 et seq.), we have determined that publishing this interim rule 30 
days prior to the rule becoming effective would further delay the 
dissemination of current information to users of the regulations. This 
would be contrary to the public interest and the intended purpose of 
the rule. Therefore, under the ``good cause'' exception of the 
Administrative Procedure Act (5 U.S.C. 553(d)(3)), and as discussed 
above, we have determined that this interim rulemaking is excepted from 
the 30-day delay of effective date, and shall therefore become 
effective upon the date published in the Federal Register.
    Because we are soliciting comments as discussed above, we plan to 
analyze the comments received and include and consider the results in 
proposed further rulemaking, as appropriate.

Public Participation

    Our policy is, whenever practicable, to afford the public an 
opportunity to participate in the rulemaking process. However, given 
the urgent need to disseminate accurate information concerning the 
schedule for consideration of World Heritage nominations and the 
criteria for their selection, we have determined that it is contrary to 
the public interest to delay the effective date of this interim rule 
pending public comment.
    Nevertheless, you are invited to submit written comments or 
suggestions regarding this interim rule to us at the address noted at 
the beginning of this rulemaking. Your comments must be received on or 
before January 18, 2002. We will review comments and consider making 
changes to the rule based upon the analysis of comments.

Drafting Information

    The primary author of this rule is James Charleton, Office of 
International Affairs, National Park Service, Washington, DC.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    In accordance with the criteria in Executive Order 12866, this rule 
is not a significant regulatory action and is not subject to review by 
the Office of Management and Budget.
    (1) This rule will not have an annual economic effect of $100 
million or more on the economy. It will not adversely affect in a 
material way the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    A cost-benefit and economic analysis is not required. The revisions 
to existing regulations will modestly improve the administration of the 
World Heritage Program by providing current and accurate information to 
voluntary participants in the public, other Federal agencies, and other 
levels of government.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The 
Department of the Interior has sole direct responsibility to conduct 
the World Heritage nomination process. The revisions will clear up 
confusion regarding the schedule for nomination of sites to the World 
Heritage List and the criteria for eligibility to be considered. 
Participation by other agencies (and private parties) continues to be 
strictly voluntary, as before.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. Participation in the World Heritage program is 
strictly voluntary and requires the active cooperation of all owners of 
nominated property. The changes will provide more accurate and usable 
information to owners and other interested parties.
    (4) This rule does not raise novel legal or policy issues. The 
changes simply update aspects of the schedule and criteria for 
consideration and do not alter other aspects of the program.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) A 
Regulatory Flexibility Analysis is not required. This rule, which only 
revises the calendar and criteria for consideration, will impact only 
owners voluntarily seeking to have their sites considered for listing. 
Nomination and approval of properties for inclusion on the World 
Heritage List recognizes their universally significant values and 
enhances public understanding and appreciation of heritage 
conservation. Only a small number of select U.S. properties will be 
considered for World Heritage status. Small entities may provide 
information or assistance in the preparation of nominations, but such 
participation is completely voluntary on their part. In some instances, 
small entities may be reimbursed for providing detailed site 
information and analysis. Designation of a property as a World Heritage 
site may enhance its tourism value. Any effects would likely be of a 
very localized nature and may be beneficial to small entities in the 
surrounding area.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. The changes relate solely to providing more accurate information 
on the World Heritage process to those who request it.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The changes will modestly reduce costs 
to those who otherwise might have relied on inaccurate information.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. The 
changes place U.S. enterprises at no competitive disadvantage because 
only U.S. properties are eligible for nomination by the United States 
and only with their owners' concurrence.

Executive Order 13211

    On May 18, 2001, the President issued an Executive Order (Executive 
Order 13211) on regulations that significantly affect energy supply, 
distribution, and use. Executive Order 13211 requires agencies to 
prepare Statements of Energy Effects when undertaking certain actions. 
As this interim rule is not expected to significantly affect energy 
supplies, distribution, or use, this action is not a significant energy 
action and no Statement of Energy Effects is required.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. The World Heritage 
Program is a voluntary federal program. The interim rule will provide 
current information on designation procedures that are available to 
small governments, whose participation is strictly voluntary. No direct 
financial assistance, benefit, or penalty accompanies the act of 
nominating a site to the World Heritage List. A statement containing 
the information required by the Unfunded Mandates Reform Act (2 U.S.C. 
1531 et seq.) is not required.

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Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. The entirely voluntary nature of the 
program is explained fully in the statute (16 U.S.C. 470a-1, a-2 and in 
sections 73.7 (b)(ii) and 73.13 (a)(2) of the current regulations), the 
substance of which are not being modified. A takings implication 
assessment is not required

Federalism (Executive Order 12612)

    In accordance with Executive Order 12612, the rule does not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism Assessment. Adoption of the rule will permit States to make 
more informed decisions. The Department may request their assistance in 
carrying out its World Heritage mandate. However, since the World 
Heritage Convention provides additional recognition to certain select 
U.S. properties that usuallly are already committed to preservation; 
since participation by States and local communities is strictly 
voluntary; and since no direct Federal financial assistance or 
penalties accompany the act of nominating a site to the World Heritage 
List, this revision will simply provide current information to States 
and local governments for them to weigh in deciding whether to 
participate. A Federalism Assessment is not required.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB form 83-I is not required. The changes being made 
impose no information collection or record-keeping requirements on the 
public.

National Environmental Policy Act (NEPA)

    This rule does not constitute a major federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required. 
Based on this determination, this interim rule is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) by Departmental regulations in 516 DM 6 (49 FR 
21438). Thus, neither an Environmental Assessment (EA) nor an 
Environmental Impact Statement (EIS) has been prepared.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated potential 
effects on federally recognized Indian tribes and have determined that 
there are no potential effects. Indian lands can be nominated to the 
World Heritage List only with the voluntary support of their owners. 
The changes in the regulations will provide current information on 
nomination procedures to the owners of Indian lands.

Clarity of This Regulation (Executive Order 12866)

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (A ``section'' appears in bold type 
and is preceded by the symbol ``Sec. '' and a numbered heading; for 
example, Sec. 73.7 World Heritage nomination process.) (5) Is the 
description of the rule in the Supplementary Information section of the 
preamble helpful in understanding the proposed rule? (6) What else 
could we do to make the rule easier to understand?
    Please send a copy of any comments that concern how we could make 
this rule easier to understand to: Office of Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C Street, NW., Washington, 
DC 20240. You may also e-mail the comments to this address: 
[email protected].

List of Subjects in 36 CFR Part 73

    Foreign relations, Historic preservation.

    Accordingly, we amend 36 CFR part 73 as follows:

PART 73--WORLD HERITAGE CONVENTION

    1. The authority for part 73 continues to read as follows:

    Authority: 94 Stat. 3000; 16 U.S.C. 470 a-1,a-2, d.

    2. Revise Sec. 73.7 to read as follows:


Sec. 73.7  World Heritage nomination process.

    (a) What is the U.S. World Heritage nomination process? (1) The 
Assistant Secretary for Fish and Wildlife and Parks (``Assistant 
Secretary'') is the designated official who conducts the United 
States World Heritage Program and periodically nominates properties 
to the World Heritage List on behalf of the United States. The 
National Park Service (NPS) provides staff support to the Assistant 
Secretary.
    (2) The Assistant Secretary initiates the process for 
identifying candidate properties for the World Heritage List and 
subsequently preparing, evaluating, and approving U.S. nominations 
for them by publishing a First Notice in the Federal Register. This 
notice includes a list of candidate sites (formally known as the 
Indicative Inventory of Potential Future U.S. World Heritage 
nominations) and requests that public and private sources recommend 
properties for nomination.
    (3) The Assistant Secretary, with advice from the Federal 
Interagency Panel for World Heritage (``Panel''), may propose for 
possible nomination a limited number of properties from the 
Indicative Inventory.
    (4) Property owners, in cooperation with NPS, voluntarily 
prepare a detailed nomination document for their property that has 
been proposed for nomination. The Panel reviews the accuracy and 
completeness of draft nominations, and makes recommendations on them 
to the Assistant Secretary.
    (5) The Assistant Secretary decides whether to nominate any of 
the proposed properties and transmits approved United States 
nominations, through the Department of State, to the World Heritage 
Committee to be considered for addition to the World Heritage List.
    (b) What requirements must a U.S. property meet to be considered 
for nomination to the World Heritage List? A property in the United 
States must satisfy the following requirements established by law 
and one or more of the World Heritage Criteria before the Assistant 
Secretary can consider it for World Heritage nomination:
    (1) The property must be nationally significant. For the 
purposes of this section, a property qualifies as ``nationally 
significant'' if it is:
    (i) A property that the Secretary of the Interior has designated 
as a National Historic Landmark (36 CFR part 65) or a National 
Natural Landmark (36 CFR part 62) under provisions of the 1935 
Historic Sites Act (Public Law 74-292; 49 Stat. 666; 16 U.S.C. 461 
et seq.);
    (ii) An area the United States Congress has established as 
nationally significant; or

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    (iii) An area the President has proclaimed as a National 
Monument under the Antiquities Act of 1906 (16 U.S.C. 433).
    (2) The property's owner(s) must concur in writing to the 
nomination.
    (i) If a unit of United States government (Federal, State, and/
or local) owns or controls the property, a letter from the owner(s) 
demonstrates concurrence.
    (ii) If private parties own or control the property, they must 
provide the protection agreement outlined in Sec. 73.13(c).
    (iii) All owners must concur before the Assistant Secretary can 
include their property within a World Heritage nomination. For 
example, a responsible Federal management official can concur for 
the unit, but cannot concur for any non-Federal property interest 
within the boundaries of the unit. NPS will seek the concurrence of 
those who own or control any non-Federal property interest if we 
determine that the property interest is integral to the entire 
property's outstanding universal values.
    (3) The nomination document must include evidence of such legal 
protections as may be necessary to ensure the preservation of the 
property and its environment. Section 73.13 identifies the distinct 
protection requirements for public and private properties.
    (c) How does the U.S. World Heritage nomination process begin? 
The Assistant Secretary, through the NPS, will periodically publish 
a First Notice in the Federal Register to begin the U.S. World 
Heritage nomination process. This notice, among other things:
    (1) Sets forth the schedule and procedures for identifying 
proposed U.S. nominations to the World Heritage List. It includes 
specific deadlines for receipt of suggestions and comments, and for 
preparing and approving nomination documents for properties proposed 
as U.S. nominations;
    (2) Includes the Indicative Inventory of Potential Future U.S. 
World Heritage Nominations (Indicative Inventory), solicits 
recommendations on which properties on it should be nominated, and 
requests suggestions of properties that should be considered for 
addition to it; and
    (3) Identifies any special requirements that properties must 
satisfy to be considered for nomination.
    (d) What is the Indicative Inventory and how is it used? (1) The 
World Heritage Convention (Article 11) requests each signatory 
nation to submit a list of candidate sites for the World Heritage 
List. These lists are also known as tentative lists, or Indicative 
Inventories. The NPS compiles and maintains the U.S. Indicative 
Inventory, which is formally known as the Indicative Inventory of 
Potential Future U.S. World Heritage Nominations. It is a list of 
cultural and natural properties located in the United States that, 
based on preliminary examination, appear to qualify for the World 
Heritage List and that the United States may consider for nomination 
to the List.
    (2) Inclusion of a property on the Indicative Inventory does not 
confer World Heritage status on it, but merely indicates that the 
Assistant Secretary may further examine the property for possible 
nomination. The Assistant Secretary selects proposed nominations 
from among the potential future nominations included on the 
Indicative Inventory. Thus, the Assistant Secretary uses the 
Indicative Inventory as the basis for selecting United States 
nominations, and it provides a comparative framework within which to 
judge the outstanding universal value of a property. Any agency, 
organization, or individual may recommend additional properties, 
with accompanying documentation, for inclusion on the Indicative 
Inventory. Ordinarily, a property must have been listed on the 
Indicative Inventory before the Assistant Secretary can consider it 
for nomination.
    (3) The Assistant Secretary, in cooperation with the Panel and 
other sources as appropriate, decides whether to include a 
recommended property on the Indicative Inventory. If a property is 
included, NPS will list it the next time we publish the Indicative 
Inventory in the Federal Register. The Assistant Secretary 
periodically transmits a copy of the Indicative Inventory, including 
documentation on each property's location and significance, to the 
World Heritage Committee for use in evaluation of nominations.
    (e) How are U.S. World Heritage nominations proposed? (1) After 
the First Notice's comment period expires, NPS compiles all 
suggestions and comments. The Assistant Secretary then reviews the 
comments and suggestions and works in cooperation with the Federal 
Interagency Panel for World Heritage to decide whether to identify 
any properties as proposed U.S. nominations. In addition to how well 
the property satisfies the World Heritage criteria (Sec. 73.9) and 
the legislative requirements outlined in paragraph (b)(1) of this 
section, the Assistant Secretary may consider:
    (i) How well the particular type of property (i.e., theme or 
region) is represented on the World Heritage List;
    (ii) The balance between cultural and natural properties already 
on the List and those under consideration;
    (iii) Opportunities that the property affords for public 
visitation, interpretation, and education;
    (iv) Potential threats to the property's integrity or its 
current state of preservation; and
    (v) Other relevant factors, including public interest and 
awareness of the property.
    (2) Selection as a proposed nomination indicates that a property 
appears to qualify for World Heritage status and that the Assistant 
Secretary will encourage the preparation of a complete nomination 
document for the property.
    (f) Who is notified when U.S. World Heritage nominations are 
proposed? (1) The Assistant Secretary for Fish and Wildlife and 
Parks publishes notice of decisions on proposed U.S. nominations in 
the Federal Register (Second Notice). If any properties are 
identified as proposed nominations, the Assistant Secretary also 
notifies the following parties in writing:
    (i) The owner(s) of lands or interests of land that are to be 
included in the nomination; and
    (ii) The House Resources Committee and the Senate Energy and 
Natural Resources Committee.
    (2) The Second Notice advises the recipients of the proposed 
action, references these rules, and sets forth the process for 
preparing a nomination. NPS also prepares and issues a press release 
on the proposed nomination.
    (g) How is a U.S. World Heritage Nomination prepared? NPS 
coordinates arrangements for the preparation of a complete 
nomination document for each proposed property. If you are a 
property owner(s), you, in cooperation with NPS, are responsible for 
preparing the draft nomination and for gathering documentation in 
support of it. NPS oversees the preparation of the nomination and 
ensures that it follows the procedures contained in these rules and 
the format and procedural guidelines established by the World 
Heritage Committee. Each nomination is prepared according to the 
schedule set forth in the First Notice.
    (h) How is a draft U.S. World Heritage nomination evaluated? The 
draft nomination document serves as the basis for the Assistant 
Secretary's decision to nominate the property to the World Heritage 
Committee. NPS coordinates the review and evaluation of draft World 
Heritage nominations. We distribute copies to all members of the 
Federal Interagency Panel for World Heritage and request comments 
regarding the significance of the property and the adequacy of the 
draft nomination. Afterward, we compile the recommendations and 
comments received from the members of the Panel.
    (i) How is a U.S. World Heritage nomination approved and 
submitted? (1) The Assistant Secretary, based on personal evaluation 
and the recommendations from the Panel, may nominate a property that 
appears to meet the World Heritage criteria to the World Heritage 
Committee on behalf of the United States. The Assistant Secretary 
sends an approved nomination document, through the Department of 
State, to the World Heritage Committee. The nomination document 
should be transmitted so that the World Heritage Committee receives 
it before the deadline established for any given year.
    (2) Nomination by the United States does not place a property on 
the World Heritage List. The World Heritage Committee must consider 
and approve the nomination, usually at a meeting during the year 
following its nomination, before it is inscribed as a World Heritage 
Site.
    (j) Who is notified when a U.S. property has been nominated to 
the World Heritage List? (1) Upon approving a nomination, the 
Assistant Secretary notifies the following parties in writing (Third 
Notice):
    (i) The owner(s) of land or interests in land that are included 
in the nomination;
    (ii) The House Resources Committee; and
    (iii) The Senate Energy and Natural Resources Committee.
    (2) The Assistant Secretary also publishes notice of the United 
States World Heritage nomination in the Federal Register. In 
addition, NPS issues a press release on the nomination.


    3. Revise Sec. 73.9 to read as follows:

[[Page 57882]]

Sec. 73.9  World Heritage criteria.

    (a) What are the World Heritage criteria and how are they 
applied? The World Heritage Committee uses the following criteria to 
evaluate cultural and natural properties nominated to the World 
Heritage List. To qualify for addition to the World Heritage List, 
sites must meet one or more of the criteria. For information on how 
to apply the criteria, you should consult their annotated text in 
the Operational Guidelines for the World Heritage Convention. The 
Operational Guidelines are published periodically by the World 
Heritage Centre. You may obtain copies of the World Heritage 
Convention, the Operational Guidelines, and other program 
information upon request to the Office of International Affairs of 
the National Park Service, 1849 C Street, NW., Room 2242, 
Washington, DC 20240. The World Heritage Convention and the 
Operational Guidelines are also posted on the World Heritage 
Centre's Web site at www.unesco.org/whc.
    (b) What are the cultural criteria? The criteria for the 
inclusion of cultural properties in the World Heritage List should 
always be seen in relation to one another and should be considered 
in the context of the definition set out in Article 1 of the 
Convention. A monument, group of buildings or site--as defined in 
Article 1 of the Convention--which is nominated for inclusion in the 
World Heritage List will be considered to be of outstanding 
universal value for the purpose of the Convention when the Committee 
finds that it meets one or more of the following criteria and the 
test of authenticity:
    (1) Each property nominated should therefore:
    (i) Represent a masterpiece of human creative genius; or
    (ii) Exhibit an important interchange of human values, over a 
span of time or within a cultural area of the world, on developments 
in architecture or technology, monumental arts, town-planning or 
landscape design; or
    (iii) Bear a unique or at least exceptional testimony to a 
cultural tradition or to a civilization which is living or which has 
disappeared; or
    (iv) Be an outstanding example of a type of building or 
architectural or technological ensemble or landscape which 
illustrates a significant stage(s) in human history; or
    (v) Be an outstanding example of a traditional human settlement 
or land-use which is representative of a culture (or cultures), 
especially when it has become vulnerable under the impact of 
irreversible change; or
    (vi) Be directly or tangibly associated with events or living 
traditions, with ideas, or with beliefs, with artistic and literary 
works of outstanding universal significance (the Committee considers 
that this criterion should justify inclusion in the List only in 
exceptional circumstances and in conjunction with other criteria 
cultural or natural).
    (2) In addition to the criteria in paragraphs (b)(1)(i) through 
(b)(1)(vi) of this section, the sites should also meet the test of 
authenticity in design, material, workmanship or setting and in the 
case of cultural landscapes their distinctive character and 
components (the Committee stressed that reconstruction is only 
acceptable if it is carried out on the basis of complete and 
detailed documentation on the original and to no extent on 
conjecture) and have adequate legal and/or contractual and/or 
traditional protection and management mechanisms to ensure the 
conservation of the nominated cultural properties or cultural 
landscapes.
    (c) What are the natural criteria? A natural heritage property--
as defined in Article 2 of the Convention--which is submitted for 
inclusion in the World Heritage List will be considered to be of 
outstanding universal value for the purposes of the Convention when 
the Committee finds that it meets one or more of the following 
criteria specified by the Operational Guidelines and fulfills the 
conditions of integrity:
    (1) Sites nominated should therefore:
    (i) Be outstanding examples representing major stages of earth's 
history, including the record of life, significant on-going 
geological processes in the development of landforms, or significant 
geomorphic or physiographic features; or
    (ii) Be outstanding examples representing significant on-going 
ecological and biological processes in the evolution and development 
of terrestrial, fresh water, coastal and marine ecosystems and 
communities of plants and animals; or
    (iii) Contain superlative natural phenomena or areas of 
exceptional natural beauty and aesthetic importance; or
    (iv) Contain the most important and significant natural habitats 
for in-situ conservation of biological diversity, including those 
containing threatened species of outstanding universal value from 
the point of view of science or conservation.
    (2) In addition to the criteria in paragraphs (c)(1)(i) through 
(c)(1)(iv) of this section, the sites should also fulfill the 
following conditions of integrity:
    (i) The sites described in paragraph (c)(1)(i) of this section 
should contain all or most of the key interrelated and 
interdependent elements in their natural relationships.
    (ii) The sites described in paragraph (c)(1)(ii) of this section 
should have sufficient size and contain the necessary elements to 
demonstrate the key aspects of processes that are essential for the 
long-term conservation of the ecosystems and the biological 
diversity they contain.
    (iii) The sites described in paragraph (c)(1)(iii) of this 
section should be of outstanding aesthetic value and include areas 
that are essential for maintaining the beauty of the site.
    (iv) The sites described in paragraph (c)(1)(iv) of this section 
should contain habitats for maintaining the most diverse fauna and 
flora characteristic of the biogeographic province and ecosystems 
under consideration.
    (3) The sites should have a management plan. When a site does 
not have a management plan at the time when it is nominated for the 
consideration of the World Heritage Committee, the State Party 
concerned should indicate when such a plan will become available and 
how it proposes to mobilize the resources required for the 
preparation and implementation of the plan. The State Party should 
also provide other document(s) (e.g. operational plans) which will 
guide the management of the site until such time when a management 
plan is finalized.

    Dated: June 28, 2001.
Joseph E. Doddridge,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-28256 Filed 11-16-01; 8:45 am]
BILLING CODE 4310-70-P