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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Proposed Rules]
[Pages 96144-96152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27373]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 73

[NPS-WASO-OIA-DTS-36537; PPWODIREI0-PIN00IO15.XI0000-234P104215]
RIN 1024-AE82

World Heritage Convention

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise regulations governing the 
National Park Service's coordination of U.S. participation in the 
Convention Concerning the Protection of the World Cultural and Natural 
Heritage. The proposed changes would reflect updates to the Operational 
Guidelines for the Implementation of the World Heritage Convention that 
have been made by the United Nations Educational, Scientific, and 
Cultural Organization Intergovernmental Committee for the Protection of 
the World Cultural and Natural Heritage since the regulations were 
first promulgated in 1982.

DATES: Comments on the proposed rule must be received by 11:59 p.m. ET 
on February 3, 2025.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE82, by either of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand deliver to: Office of International Affairs, 
National Park Service, 1849 C Street NW, Room 2415, Washington, DC 
20240. Comments delivered on external electronic storage devices (flash 
drives, compact discs, etc.) will not be accepted.
     Instructions: Comments will not be accepted by fax, email, 
or in any way other than those specified above. All submissions 
received must include the words ``National Park Service'' or ``NPS'' 
and must include the docket number or RIN (1024-AE82) for this 
rulemaking. Comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received, go to https://www.regulations.gov and 
search for ``1024-AE82.''

FOR FURTHER INFORMATION CONTACT: Jonathan Putnam, Office of 
International Affairs, National Park Service, (202) 354-1809, 
[email protected] and [email protected]. Individuals 
in the United States who are deaf, deafblind, hard of hearing, or have 
a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States. 
In compliance with the Providing Accountability Through Transparency 
Act of 2023, the plain language summary of the proposal is available on 
Regulations.gov in the docket for this rulemaking.

SUPPLEMENTARY INFORMATION:

Background

    The Convention Concerning the Protection of the World Cultural and 
Natural Heritage (the Convention) was ratified by the U.S. Senate on 
October 26, 1973. The purpose of the Convention is to enhance worldwide 
understanding and appreciation of heritage conservation, and to 
recognize and preserve natural and cultural

[[Page 96145]]

properties throughout the world that have outstanding universal value. 
The World Heritage List is an international list of cultural and 
natural properties judged to possess outstanding universal value. 
Properties are nominated by the signatories to the Convention. The 
United Nations Educational, Scientific, and Cultural Organization 
Intergovernmental Committee for the Protection of the World Cultural 
and Natural Heritage (the Committee) is the governing body of the 
Convention. The Committee is composed of elected representatives of 21 
nations and is responsible for implementing the Convention at the 
international level. Countries represented on the Committee are elected 
by participating nations. The Committee establishes criteria which 
properties must satisfy for inclusion on the World Heritage List. At 
its annual meeting, the Committee decides which properties to accept on 
the World Heritage List. Currently, there are 1,199 properties on the 
World Heritage List that are located in 168 of the 195 signatory 
countries. Twenty-five sites on the World Heritage List are located in 
the United States, including several units of the National Park System 
(e.g., Mesa Verde National Park, Carlsbad Caverns National Park). 
Another property located in the United States has been nominated and is 
pending consideration by the Committee.
    Title IV of the National Historic Preservation Act (NHPA) 
Amendments of 1980 (54 U.S.C. 307101) instructs the Department of the 
Interior (the Department) to direct and coordinate participation by the 
United States in the Convention. Regulations at 36 CFR part 73 
implement the Convention pursuant to the 1980 NHPA Amendments. The 
Department, through the National Park Service (NPS), promulgated these 
regulations in 1982 (47 FR 23397) and made minor updates in 2001 (66 FR 
57878). The regulations address (1) the U.S. World Heritage nomination 
process; (2) the criteria for inclusion on the World Heritage List and 
their application to nominated properties; (3) the role of the Federal 
Interagency Panel for World Heritage; (4) the protection of U.S. World 
Heritage properties; (5) International World Heritage activities; and 
(6) public information and education activities. The regulations also 
define key terms and explain the purpose and authority for the 
regulations and the role of the Assistant Secretary for Fish and 
Wildlife and Parks.
    Since the NPS promulgated the regulations in 1982, the Committee 
has amended the Operational Guidelines for the Implementation of the 
World Heritage Convention (the Operational Guidelines) on numerous 
occasions, most recently in September 2023. The Operational Guidelines 
establish detailed procedures for (1) the inclusion of properties on 
the World Heritage List at the international level; (2) the protection 
and conservation of World Heritage properties; (3) the implementation 
of the World Heritage Fund; and (4) mobilization of support for the 
Convention.

Executive Summary

    In this rulemaking, the NPS proposes to bring the regulations in 
part 73 in line with the Operational Guidelines and the current 
practice of program implementation by the NPS on behalf of the United 
States. The changes also would streamline certain procedural steps and 
provide clarity that would benefit the Department and the public. The 
proposed changes to each section of the existing regulations are 
explained below. In addition to the changes described below, the NPS 
would make non-substantive, editorial changes to the regulations to 
improve their readability. The NPS welcomes public comments on these 
changes and hopes to receive meaningful input as it considers a final 
rule.

Section 73.1 Purpose

    Section 73.1 explains the purpose of the regulations. The NPS 
proposes to revise this section to remove references to the statutory 
authority for promulgating the regulations. The authority for 
promulgating the regulations is stated in section 73.5 (Authority).

Section 73.3 Definitions

    Section 73.3 defines terms used in part 73. The NPS proposes to 
reorganize the defined terms in alphabetical order and add definitions 
for the following terms: ``Advisory Bodies,'' ``NPS,'' ``Operational 
Guidelines,'' ``Preliminary Assessment,'' ``Secretary,'' ``Tentative 
List,'' and ``State Party.'' The NPS proposes to shorten the definition 
of ``Committee'' to remove explanatory information that does not need 
to be in the definition and an outdated reference to six-year terms. 
Governments that have signed or become a party to the Convention now 
voluntarily limit their terms to four years. The NPS proposes to revise 
the definition of ``Owner'' to remove unnecessary language about 
nominations and refer to property interests rather than ownership to 
avoid a circular definition. The NPS proposes to further revise the 
definition to clarify that an owner means an individual, entity, 
government, or Indian Tribe that has a fee simple interest in all or 
part of a property, or in the case of an Indian Tribe a restricted fee 
interest, or a less than fee simple interest that is integral to the 
entire property's outstanding universal value. The revised definition 
would specifically refer to property interests held by an Indian Tribe 
or held in trust by the United States for the benefit of an Indian 
Tribe. Although there has never been a prohibition on nominating Tribal 
properties, and Tribal properties have been nominated in the past, 
these changes would clarify that Tribal properties may be nominated and 
that Indian Tribes will be considered the owners of those lands for 
purposes of the regulations regardless as to whether the properties are 
held in trust by the United States. This means that when a Tribal 
property is held in trust by the United States, the United States is 
not an owner of the property for purposes of these regulations and, as 
a result, the concurrence of the United States is not required for 
nominations. The NPS proposes to remove the definition of ``Owner 
concurrence'' and instead explain in the regulatory text that all 
property owners must concur in writing to nominations. The NPS proposes 
to remove the definitions of ``Cultural Heritage'' and ``Natural 
Heritage'' because they would be used only once in the revised 
regulations. Instead, the NPS would refer to the Articles of the 
Convention where they are defined.

Section 73.5 Authority

    Section 73.5 identifies the statutory authority for the 
regulations. The NPS proposes to update the authority citation to 
reflect recodification of NPS statutory authorities from title 16 to 
title 54 of the U.S. Code.

Section 73.7 World Heritage Nomination Process

    The regulations in this section set forth the procedures governing 
the nomination process. The NPS proposes to remove the question-and-
answer format and make the following substantive revisions:
    1. Be more specific about the role of the Federal Interagency Panel 
for World Heritage in various stages of the nomination process.
    The NPS proposes to revise paragraphs (a)(4) and (5), (d)(3), and 
(f) to state that the NPS may consult with individual members of the 
Panel about matters in which they have expertise. Although the existing 
regulations do not prohibit consultation, these changes would emphasize 
its value as part of the Panel's role by stating clearly that 
consultation is allowed.

[[Page 96146]]

    2. Revise the process for adding sites to the U.S. World Heritage 
Tentative List for consistency with the Operational Guidelines.
    The NPS proposes to change the process for adding sites to the U.S. 
World Heritage Tentative List so that it is consistent with the 
Operational Guidelines. Existing regulations in paragraph (a)(2) state 
that the Assistant Secretary initiates the nomination process by 
publishing a ``First Notice'' requesting suggestions for candidate 
sites for the World Heritage List in the Federal Register. The 
Operational Guidelines do not require that the process for adding sites 
to the Tentative List be part of the process for authorizing and 
submitting nominations to the World Heritage List. These processes now 
operate on separate schedules. This rule would revise paragraph (a)(2) 
to refer only to the process for adding properties to the Tentative 
List, which would include consultation with the NPS and appropriate 
members of the Panel, and the publication of a notice in the Federal 
Register seeking public comment. In paragraphs (c) and (d), the rule 
would add information about the purpose and scope of the Tentative List 
and remove the obsolete term ``Indicative Inventory.'' In paragraph 
(c)(2), the rule would include a complete list of factors the Assistant 
Secretary may consider when deciding which properties to include on the 
Tentative List, including requirements that also apply to the 
nomination process and other requirements in the Operational 
Guidelines. Paragraph (c)(4) would state that the Department may update 
the Tentative List when warranted, but generally every ten years. 
Lastly, the NPS proposes to remove a requirement in the existing 
regulations that the Assistant Secretary publish the Tentative List in 
the Federal Register whenever a new nomination is considered. Instead, 
the proposed rule would require the NPS to publish the Tentative List 
in the Federal Register when it has been comprehensively updated by the 
Assistant Secretary. Publication of other changes would be at the 
discretion of the NPS.
    3. Require a Preliminary Assessment for properties on the Tentative 
List prior to nomination.
    In 2021, the Committee adopted a decision that will require the 
advisory bodies to the Committee--the International Union for 
Conservation of Nature, for sites of natural heritage, and the 
International Council on Monuments and Sites, for sites of cultural 
heritage--to provide a Preliminary Assessment to the requesting state 
party to the Convention about the potential of a site to have 
outstanding universal value before it can be nominated for the World 
Heritage List. Preliminary Assessments will be phased in starting with 
optional requests in 2023. Preliminary Assessments will be required for 
all nominations submitted after February 1, 2026. Consistent with this 
new requirement, the rule would revise paragraph (a)(3) to require the 
NPS, if required by the Operational Guidelines, to submit a request to 
the UNESCO World Heritage Centre for a Preliminary Assessment before 
recommending any property on the Tentative List for nomination. 
Revisions to paragraph (a)(4) would require the Assistant Secretary, 
prior to authorizing the preparation of a nomination, to receive a 
Preliminary Assessment, if that report is required by the Operational 
Guidelines. Paragraph (b)(4) would state that, in ordinary 
circumstances, the Preliminary Assessment should conclude that the 
property has potential to demonstrate outstanding universal value 
before the Assistant Secretary may consider it for nomination. The 
Assistant Secretary may consider a property for nomination even if the 
Preliminary Assessment concludes that the property does not have 
potential to meet this standard, but this should rarely or never 
happen.
    4. Require verification of property ownership and appropriate legal 
protections for properties to be nominated.
    The NPS proposes to revise paragraph (d)(3) to require verification 
of ownership and a review of legal protections before a property can be 
authorized for nomination. These steps are part of the process now but 
have typically occurred after nominations have been authorized and 
drafted. This change would ensure that any questions about ownership or 
legal protections would be identified before the nomination is 
authorized.
    5. Supplement qualifications for national significance.
    The 1980 NHPA Amendments (54 U.S.C. 307101) require properties in 
the United States to be of national significance before they can be 
nominated to the World Heritage List. The existing regulations identify 
several ways that a property may be considered nationally significant, 
including properties that the U.S. Congress has established as 
nationally significant and areas the President has proclaimed as a 
National Monument under the Antiquities Act of 1906 (16 U.S.C. 433). 
The NPS proposes to expand these qualifications to include any property 
established by a Federal agency as nationally significant under an 
authority provided by the United States Congress, and units of the 
National Park System, National Wildlife Refuges, National Marine 
Sanctuaries, and National Forests. Inclusion on the National Register 
of Historic Places or in a National Heritage Area, alone, would not 
qualify a property as nationally significant.
    6. Simplify owner concurrence requirements.
    The NPS proposes to consolidate paragraphs (b)(2)(i)-(iii) into one 
paragraph that includes existing requirements for all property owners 
to concur in writing to any nomination, and for owners of private 
property also to certify the protection of the property as required 
elsewhere in the regulations. This rule would remove references in 
section 73.7 and 73.13 to private parties controlling property, rather 
than owning it, regarding the need to obtain concurrence prior to 
nominations and to satisfy protection requirements. The 1980 NHPA 
Amendments do not mention non-Federal property being controlled, but 
not owned, for obtaining concurrence prior to nominations or other 
purposes.
    7. Authorizing preparation of a U.S. World Heritage nomination.
    As discussed previously, the NPS is proposing to separate the 
process for adding properties to the Tentative List from the process 
for nominating properties to the World Heritage List, consistent with 
current practice. Accordingly, certain provisions that appear in 
existing paragraph (i) about the approval and submission of nominations 
would be moved to new paragraph (c) in the revised regulations, which 
would be dedicated to the process for the Tentative List. These 
provisions include ownership verification and review of the property's 
legal protections. The provisions governing nominations to the World 
Heritage List would be moved and consolidated into new paragraphs (d)-
(g), which would address authorizing the preparation of a nomination, 
preparing a nomination, evaluating a nomination, and approving and 
submitting a nomination, respectively. The provisions in paragraph (d) 
about authorizing the preparation of a nomination would incorporate the 
need to obtain and consider the content of a Preliminary Assessment 
before the NPS prepares a recommendation for the Assistant Secretary.
    In addition, the NPS proposes to eliminate a requirement in 
paragraph (f)(1) of the existing regulations to publish notice in the 
Federal Register

[[Page 96147]]

that a property owner has been authorized to prepare a nomination 
document, which is referred to as a ``Second Notice.'' An authorization 
to prepare a nomination document does not guarantee that the property 
will be approved for nomination and therefore is not substantive enough 
to require formal notification to the public. The revised regulations 
would direct the NPS to notify the property owners and the U.S. 
Congress that the Assistant Secretary has decided to authorize a 
nomination, and also when the Assistant Secretary has decided to submit 
a nomination to the World Heritage Committee. Existing regulations in 
paragraphs (f)(1) and (j) require the Assistant Secretary to provide 
notice, but this authority has been delegated to the NPS in practice. 
The rule would update the name of the applicable Committee in the U.S. 
House of Representatives from the ``House Resources Committee'' to the 
``House Natural Resources Committee.'' The rule would no longer refer 
to the notice of submitted nominations as the ``Third Notice.''

Section 73.9 World Heritage Criteria

    The NPS proposes to revise this section to remove a recitation of 
the criteria used to assess whether a property has outstanding 
universal value. Instead, the rule would state that properties must 
meet at least one criterion that is published in the Operational 
Guidelines. The rule would state that the criteria are subject to 
revision by the Committee and refer to requirements in the Operational 
Guidelines about a property's integrity and authenticity, and legal 
protection and management. These proposed revisions would streamline 
the regulatory text and ensure that the criteria and other requirements 
that apply to U.S. properties are the same as stated in the Operational 
Guidelines at the time of assessment. These criteria are readily 
available on the website of the UNESCO World Heritage Centre which can 
be accessed directly or through a link on the website of the NPS Office 
of International Affairs. The criteria also are stated in brochures and 
other public information made available by the NPS.

Section 73.11 Federal Interagency Panel for World Heritage

    This section of the regulations defines the responsibilities and 
composition of the Panel. The NPS proposes to change paragraph (a) to 
clarify that the Assistant Secretary may consult not only with the 
entire Panel, but also with individual members of the Panel on World 
Heritage matters. The NPS proposes to change paragraph (b)(1)(ii) to 
clarify that, in its role as a member of the Panel, the NPS represents 
Associate Directorships that are responsible for managing cultural and 
natural resources, which is separate from the NPS's administrative 
responsibilities stated elsewhere in the regulation. The NPS proposes 
to revise paragraph (b)(2) to clarify that additional representatives 
from other Federal agencies may have expertise in either natural or 
cultural heritage conservation.

Section 73.13 Protection of World Heritage Properties

    This section of the regulations identifies in greater detail the 
protection measures that must be in place before the Assistant 
Secretary can nominate properties for inclusion on the World Heritage 
List. 54 U.S.C. 307101(c). The NPS proposes to revise paragraph (a)(1) 
to add language highlighting that the protection of World Heritage 
sites under the Convention is a government-wide obligation, to avoid an 
incorrect assumption that it is solely the responsibility of the 
Department. The NPS proposes to revise paragraph (c) to describe in 
more detail the protection measures required for private properties, 
including information about how the requirements may be satisfied. A 
statement at the end of paragraph (c) in the existing regulations, that 
protections are reviewed on a case-by-case basis, would become the 
first statement of the paragraph to make it clear that this approach 
governs the assessment. The rule would then provide examples of factors 
that the Assistant Secretary may consider when determining if 
protections are sufficient, such as the current and potential use of 
the property, the nature of its ownership, and the effectiveness of 
applicable legal instruments. The rule would move a statement 
describing the purpose of such legal instruments to the introductory 
language that appears before examples are given, to indicate that the 
statement applies to all of the examples. The stated purpose of such 
instruments is to sufficiently prohibit any use or physical alteration 
that is not consistent with, or which threatens or damages the 
property's universally significant value.
    The existing regulations state that a written covenant or other 
trust or legal arrangement that prohibits in perpetuity any use that is 
not consistent with, or which threatens or damages the property's 
universally significant values, satisfy the protection requirements for 
private properties, provided there is an opinion of counsel on the 
legal status and enforcement of such a prohibition. Instead of 
identifying specific instruments that satisfy the protection 
requirements, the NPS proposes to provide examples of instruments that 
may satisfy the protection requirements. The rule would retain, as an 
example, a written covenant executed by the owner and continue to refer 
to other trusts or legal arrangements that may satisfy the protection 
requirements, with specific reference to easements and local historic 
preservation ordinances that include substantive protection for the 
property. Since the existing regulations were first promulgated in 
1982, standards for local historic preservation ordinances have been 
established and widely adopted through the Certified Local Government 
Program authorized by the National Historic Preservation Act and 
implemented by the NPS. See 54 U.S.C. chapter 3025 and 36 CFR part 61. 
These ordinances may offer an effective means of long-term protection, 
subject to review by the Assistant Secretary that they offer sufficient 
protection for a property.
    The NPS believes this approach is consistent with the 1980 NHPA 
Amendments that require legal protections as may be necessary to ensure 
preservation of the property and its environment. 54 U.S.C. 307101(c). 
The proposed rule would require the Assistant Secretary to determine, 
on a case-by-case basis, that the protections fulfill the mandate of 
the statute, giving consideration to what would constitute effective 
protection that is appropriate to the circumstances of the particular 
property. This approach is consistent with the intent of the 1980 
Amendments and allows the Assistant Secretary to consider not just 
whether protections are in place, but also whether those protections 
are effective. The rule also would require private property owners to 
certify in writing to the protection measures for the property. The NPS 
believes that these revisions would provide the Assistant Secretary 
with more flexibility to determine that protections will ``ensure 
preservation of the property and its environment'' as required by the 
statute.
    The NPS proposes to remove a requirement that there be an ``opinion 
of counsel'' about the status and enforcement of covenants. This 
provision is vague and unnecessary because the rule would require a 
determination by the Assistant Secretary that the protections are 
sufficient and comply with the standard for protection in the 1980 NHPA 
Amendments. Lastly, the NPS proposes to remove a reference

[[Page 96148]]

to the property owner willingly providing a right of first refusal for 
the acquisition of private property because this has never been used in 
the program's 45-year history and therefore is unnecessary.

Sec.  73.17 Public Information and Education Activities

    This section of the regulations addresses the development and 
distribution of information and materials regarding the U.S. World 
Heritage properties and the Convention in general. The NPS proposes one 
revision to paragraph (c) that would remove an obsolete and 
unnecessarily specific reference to the distribution of slideshows.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563 and 
14094)

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs (OIRA) 
in the Office of Management and Budget will review all significant 
rules. OIRA has determined that the proposed rule is not significant.
    Executive Order 14094 amends Executive Order 12866 and reaffirms 
the principles of Executive Order 12866 and Executive Order 13563 and 
states that regulatory analysis should facilitate agency efforts to 
develop regulations that serve the public interest, advance statutory 
objectives, and be consistent with Executive Order 12866, Executive 
Order 13563, and the Presidential Memorandum of January 20, 2021 
(Modernizing Regulatory Review). Regulatory analysis, as practicable 
and appropriate, shall recognize distributive impacts and equity, to 
the extent permitted by law.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. Executive Order 13563 directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. The NPS has developed this 
proposed rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    The NPS 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 proposed rule would revise 
regulations governing the NPS's coordination of U.S. participation in 
the Convention. The costs and benefits of a regulatory action are 
measured with respect to its existing baseline conditions. No changes 
are anticipated compared to baseline conditions because this regulatory 
action is procedural in nature with the purpose of changing existing 
regulations to reflect updates to the Operational Guidelines and 
current administrative practice. All property owners must concur in 
writing to nominations, which means the application of this rule to 
private entities is completely voluntary. Nomination and approval of 
properties for inclusion on the World Heritage List recognizes their 
universally significant value 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. This action will not impose 
restrictions on local businesses in the form of fees, training, record 
keeping, or other measures that would increase costs.

Congressional Review Act

    This rulemaking is not a major rule under 5 U.S.C. 804(2). This 
rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (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.

Unfunded Mandates Reform Act

    This proposed rule does not impose an unfunded mandate on Tribal, 
State, or local governments or the private sector of more than $100 
million per year. The proposed rule does not have a significant or 
unique effect on Tribal, State, or local governments or the private 
sector. It addresses public use of national park lands and imposes no 
requirements on other agencies or governments. A statement containing 
the information required by the Unfunded Mandates Reform Act (2 U.S.C. 
1531 et seq.) is not required.

Takings (Executive Order 12630)

    This proposed rule does not effect a taking of private property or 
otherwise have takings implications under Executive Order 12630. A 
takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the 
proposed rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism summary impact statement. This 
proposed rule addresses procedures governing the NPS's administration 
of the U.S. World Heritage Program and would not have substantial 
direct effects on the States, on the relationships between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. A Federalism 
summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. This proposed rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes and ANCSA Corporations (Executive Order 
13175 and Department Policy)

    The Department strives to strengthen its government-to-government 
relationship with Indian Tribes through a commitment to consultation 
with Indian Tribes and recognition of their right to self-governance 
and Tribal sovereignty. The NPS has evaluated this proposed rule under 
the criteria in Executive Order 13175 and under the

[[Page 96149]]

Department's Tribal consultation policy and has determined that Tribal 
consultation is not required because the proposed rule would not have a 
substantial direct effect on federally recognized Indian Tribes.

Paperwork Reduction Act

    This proposed rule does not contain information collection 
requirements, and a submission to the Office of Management and Budget 
under the Paperwork Reduction Act is not required. The NPS may not 
conduct or sponsor and you are not required to respond to a collection 
of information unless it displays a currently valid OMB control number.

National Environmental Policy Act

    This rule does not constitute a major federal action significantly 
affecting the quality of the human environment. A detailed statement 
under NEPA is not required because the rule is covered by a categorical 
exclusion. NPS NEPA Handbook (2015) Section 3.2.H allows for the 
following to be categorically excluded: ``policies, directives, 
regulations, and guidelines that are of an administrative, financial, 
legal, technical, or procedural nature.'' This proposed rule addresses 
procedures governing the NPS's administration of the U.S. World 
Heritage Program. The NPS has also determined that the rule does not 
involve any of the extraordinary circumstances listed in 43 CFR 46.215 
that would require further analysis under NEPA.

Effects on the Energy Supply (Executive Order 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211; the proposed rule is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, and the proposed rule has not otherwise been designated by 
the Administrator of Office of Information and Regulatory Affairs as a 
significant energy action. A Statement of Energy Effects is not 
required.

Clarity of This Rule

    The NPS is required by Executive Orders 12866 (section 1(b)(12)) 
and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule the NPS publishes must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that the NPS has not met these requirements, send the 
NPS comments by one of the methods listed in the ADDRESSES section. To 
better help the NPS revise the rule, your comments should be as 
specific as possible. For example, you should identify the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

Public Participation

    It is the policy of the Department, whenever practicable, to afford 
the public an opportunity to participate in the rulemaking process. 
Accordingly, interested persons may submit written comments regarding 
this proposed rule by one of the methods listed in the ADDRESSES 
section of this document.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask the NPS in your comment to withhold your personal identifying 
information from public review, the NPS cannot guarantee that it will 
be able to do so.

List of Subjects in 36 CFR Part 73

    Foreign relations, Historic preservation.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 73 as set forth below:

PART 73--WORLD HERITAGE CONVENTION

0
1. Revise the authority citation for part 73 to read as follows:

    Authority: 54 U.S.C. 307101.

0
2. Revise Sec.  73.1 to read as follows:

Sec.  73.1  Purpose.

    The purpose of this part is to set forth the procedures that the 
Department of the Interior, through the National Park Service, uses to 
direct and coordinate participation by the United States in the 
Convention Concerning the Protection of the World Cultural and Natural 
Heritage. The purpose of the Convention is to enhance worldwide 
understanding and appreciation of heritage conservation, and to 
recognize and preserve natural and cultural properties throughout the 
world that have outstanding universal value to mankind.
0
3. Revise Sec.  73.3 to read as follows:

Sec.  73.3  Definitions.

    Advisory Bodies means nongovernmental organizations that are given 
the responsibility in the Convention for advising the Committee on 
technical matters relating to natural and cultural heritage. The 
International Union for Conservation of Nature, or IUCN, advises on 
natural heritage, and the International Council on Monuments and Sites, 
or ICOMOS, advises on cultural heritage.
    Assistant Secretary means the Assistant Secretary for Fish and 
Wildlife and Parks, U.S. Department of the Interior, or a designee 
authorized to carry out the Assistant Secretary's responsibilities.
    Committee means the United Nations Educational, Scientific, and 
Cultural Organization Intergovernmental Committee for the Protection of 
the World Cultural and Natural Heritage established by Article 8 of the 
Convention and assisted by UNESCO.
    Convention means the Convention Concerning the Protection of the 
World Cultural and Natural Heritage.
    Department means the U.S. Department of the Interior.
    NPS means the office of the National Park Service assigned 
responsibility for the administration of the U.S. World Heritage 
Program.
    Operational Guidelines means the Operational Guidelines for the 
Implementation of the World Heritage Convention adopted and 
periodically updated by the Committee that establish the criteria which 
properties must satisfy for inclusion on the World Heritage List and 
policy and procedures for the administration of the Convention.
    Owner means an individual, entity, government, or Indian Tribe that 
has a fee simple interest in all or part of a property, or in the case 
of an Indian Tribe a restricted fee interest, or a less than fee simple 
interest that is integral to the entire property's outstanding 
universal value. For property interests held by a Federal, State, or 
local government, the owner is deemed to be the head of the agency 
responsible for administering the property, or a designee to whom such 
authority has been delegated. For property interests held by an Indian 
Tribe in fee simple or restricted fee, or held in trust by the United 
States for the benefit of an Indian Tribe, the owner is deemed to be 
the leader of the Indian Tribe or a

[[Page 96150]]

designee to whom such authority has been delegated.
    Panel means an interagency panel consisting of representatives from 
the Office of the Assistant Secretary, the National Park Service, and 
the U.S. Fish and Wildlife Service, within the Department; the 
President's Council on Environmental Quality; the Smithsonian 
Institution; the Advisory Council on Historic Preservation; the 
National Oceanic and Atmospheric Administration within the Department 
of Commerce; and the Department of State.
    Preliminary Assessment means a report prepared by one or more of 
the Advisory Bodies that advises a State Party on the potential of a 
property to have outstanding universal value.
    Secretary means the Secretary of the Department, or a designee 
authorized to carry out the Secretary's responsibilities.
    State Party means a national government that has signed, or become 
a party to, the Convention.
    Tentative List means the list required by the Committee and 
maintained by the Department, of properties within the territory of the 
United States from which the United States may submit nominations to 
the World Heritage List.
    UNESCO means the United Nations Educational, Scientific and 
Cultural Organization, which provides staff support for the Convention 
and its implementation.
    World Heritage List means the list established by Article 11 of the 
Convention that includes those cultural and natural properties judged 
to possess outstanding universal value.
0
4. Revise Sec.  73.5 to read as follows:

Sec.  73.5  Authority.

    The provisions contained in this part are based on the authority of 
the Secretary under title IV of the National Historic Preservation Act 
Amendments of 1980 (54 U.S.C. 307101) to direct and coordinate U.S. 
participation in the Convention, in cooperation with the Secretary of 
State, the Smithsonian Institution, and the Advisory Council on 
Historic Preservation.
0
5. Revise Sec.  73.7 to read as follows:

Sec.  73.7  World Heritage nomination process.

    (a) Overview. (1) The Assistant Secretary is the designated 
official who conducts the U.S. World Heritage Program and periodically 
nominates properties to the World Heritage List on behalf of the United 
States. The NPS provides staff support to the Assistant Secretary.
    (2) The Assistant Secretary periodically revises or adds properties 
to the Tentative List through a process that includes the advice of the 
NPS and members of the Panel with relevant expertise, as well as public 
input obtained by publishing a request for suggested additions in the 
Federal Register.
    (3) The NPS identifies properties on the Tentative List that appear 
to be ready for the preparation of a nomination proposal or for which 
additional advice from one or more of the Advisory Bodies is desired. 
For such properties, if required by the Operational Guidelines, the NPS 
submits a request for a Preliminary Assessment to the UNESCO World 
Heritage Centre, following the procedures in the Operational 
Guidelines.
    (4) The Assistant Secretary, with advice from the NPS and members 
of the Panel with relevant expertise, may authorize the preparation of 
a nomination of a property on the Tentative List after receiving a 
Preliminary Assessment, if required by the Operational Guidelines.
    (5) The property owner (or owners), in cooperation with the NPS, 
voluntarily prepares a detailed draft nomination document for the 
property that has been proposed for nomination. The NPS reviews the 
accuracy and completeness of draft nomination documents, with the 
advice of members of the Panel with relevant expertise, and makes a 
recommendation on the nomination to the Assistant Secretary.
    (6) The Assistant Secretary, after convening the Panel, decides 
whether to nominate the property and transmits approved nominations, 
through the Department of State, to the Committee to be considered for 
inclusion on the World Heritage List.
    (b) Requirements. A property must satisfy the following 
requirements before the Assistant Secretary may consider it for 
nomination:
    (1) The property must be nationally significant. For the purposes 
of this section, a property qualifies as ``nationally significant'' if 
it is:
    (i) Designated by the Secretary 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 (54 U.S.C. chapter 3201);
    (ii) Established by Congressional action, or by a Federal agency 
under an authority provided by the United States Congress, as 
nationally significant; or
    (iii) Proclaimed by the President of the United States as a 
National Monument under the Antiquities Act of 1906 (54 U.S.C. chapter 
3203).
    (iv) Established as a National Wildlife Refuge, National Marine 
Sanctuary, National Forest, of a unit of the National Park System.
    (2) Except as stated below, all owners must concur in writing. 
Owners of private property also must certify in writing to the 
protection measures described in paragraph (c) of Sec.  73.13 of this 
part.
    (3) The nomination document must include evidence of protection 
measures that are necessary to ensure the preservation of the property 
and its environment, as described in Sec.  73.13 of this part.
    (4) In ordinary circumstances, the Preliminary Assessment should 
conclude that the property has potential to demonstrate outstanding 
universal value.
    (c) Tentative List. (1) Article 11 of the Convention requests each 
State Party to submit a list of candidate sites for the World Heritage 
List. The NPS compiles and maintains the Tentative List for properties 
within the territory of the United States. A property must be on the 
Tentative List for at least one year to be eligible for a Preliminary 
Assessment and potential nomination for inclusion on the World Heritage 
List.
    (2) The Assistant Secretary, with advice from the NPS and members 
of the Panel with relevant expertise, may revise or add properties to 
the Tentative List. Before adding a property to the Tentative List, the 
Assistant Secretary will consider:
    (i) Whether the property appears to satisfy one or more of the 
criteria for inclusion on the World Heritage List, as described in the 
Operational Guidelines;
    (ii) Whether it demonstrates a very high degree of integrity and 
(for cultural properties) authenticity as required by the Operational 
Guidelines;
    (iii) Whether the property meets the requirements in paragraphs 
(b)(1) and (3) of this section;
    (iv) How well the particular type of property is represented on the 
World Heritage List, both globally and in the United States. Such 
representation includes both geographic and thematic considerations;
    (v) The balance between cultural and natural properties already on 
the World Heritage List, both globally and in the United States;
    (vi) Opportunities that the property affords for public visitation, 
interpretation, and education;
    (vii) Potential threats to the property's integrity or its current 
state of preservation; and
    (viii) Other relevant factors, including public interest and 
awareness of the property, and the potential for the

[[Page 96151]]

owner(s) to effectively fund and prepare a draft nomination document.
    (3) The Tentative List is not intended to be comprehensive of all 
types of nationally significant cultural and natural properties in the 
United States, but rather to focus on those that are significant in a 
global context.
    (4) The Assistant Secretary may undertake a comprehensive update to 
the Tentative List when warranted, but generally every ten (10) years. 
When this occurs, the NPS will publish notice in the Federal Register 
that requests suggested additions from the public. The NPS will publish 
the new Tentative List in the Federal Register after the Assistant 
Secretary completes a comprehensive update. The NPS may publish notice 
in the Federal Register of other changes made by the Assistant 
Secretary at its discretion. The Assistant Secretary transmits 
information to the UNESCO World Heritage Centre about changes to the 
Tentative List as specified in the Operational Guidelines. At any time, 
a government agency, private organization, or individual may suggest 
additions to the Tentative List by contacting the NPS, preferably with 
accompanying documentation.
    (d) Authorizing preparation of a U.S. World Heritage nomination. 
The following steps must be taken to authorize the preparation of draft 
nomination documents:
    (1) The NPS identifies a property on the Tentative List that 
appears to be ready to prepare a nomination or for which the NPS 
desires additional advice from one or more of the Advisory Bodies. The 
Operational Guidelines request that countries whose heritage is already 
well represented on the World Heritage List voluntarily limit their 
nominations through actions such as refraining from annual nominations, 
proposing only properties in categories that are under-represented on 
the World Heritage List, and linking a nomination with one presented by 
a country whose heritage is under-represented. The NPS will consider 
this guidance in the identification process.
    (2) If a Preliminary Assessment is required by the Operational 
Guidelines, the NPS submits a request for such report to the UNESCO 
World Heritage Centre, following the procedures in the Operational 
Guidelines.
    (3) Upon receipt of a Preliminary Assessment, if required by the 
Operational Guidelines, the NPS prepares a recommendation for the 
Assistant Secretary as to whether the Assistant Secretary should 
authorize the owners to prepare a draft nomination document. The NPS 
will consider the content of the Preliminary Assessment and may consult 
with members of the Panel with relevant expertise. This recommendation 
also will include determination or verification of ownership of the 
property proposed for nomination, and a review of legal protections for 
the property.
    (4) The Assistant Secretary, with advice from the NPS and members 
of the Panel with relevant expertise, may authorize the preparation of 
a nomination of a property on the Tentative List after receiving a 
Preliminary Assessment, if required by the Operational Guidelines, and 
a recommendation from the NPS. If the Assistant Secretary decides to 
authorize a nomination, the NPS will notify in writing the owner or 
owners of the property, the House Natural Resources Committee, and the 
Senate Energy and Natural Resources Committee. The NPS also may issue a 
press release about the proposed nomination.
    (e) Preparation of a U.S. World Heritage nomination. The owner or 
owners of a property are responsible for preparing a draft nomination 
document. The preparation of a draft nomination document is completely 
voluntary. The NPS oversees the preparation of the draft nomination 
document and ensures that it follows the procedures in this part and 
the format and procedures in the Operational Guidelines.
    (f) Evaluation of a U.S. World Heritage nomination. The draft 
nomination document serves as the basis for the Assistant Secretary's 
decision to nominate a property to the World Heritage Committee for 
inclusion on the World Heritage List. The NPS reviews the accuracy and 
completeness of draft nomination documents, with the advice of members 
of the Panel with relevant expertise, and makes a recommendation on the 
nomination to the Assistant Secretary.
    (g) Approval and submission of a U.S. World Heritage nomination. 
(1) The Assistant Secretary, on behalf of the United States and based 
on personal evaluation of the draft nomination document and after 
convening the Panel, may nominate a property for inclusion on the World 
Heritage List if all of the requirements in paragraph (b) of this 
section are met.
    (2) The Assistant Secretary will send an approved nomination 
document, through the Department of State, to the Committee so that it 
is received before the deadline established in the Operational 
Guidelines for any given year; however, if the United States is 
cooperating with one or more other countries to nominate thematically 
or geographically linked properties in a single nomination, and the 
United States is not the country presenting the nomination, the 
Assistant Secretary will not submit the nomination to the Committee but 
will provide documentation of the U.S. government's cooperation in the 
nomination as required by the Operational Guidelines.
    (3) Upon a decision by the Assistant Secretary to submit a 
nomination, the NPS will notify in writing the owner or owners of the 
property, the House Natural Resources Committee, and the Senate Energy 
and Natural Resources Committee. The NPS also will publish notice of 
the nomination in the Federal Register and the NPS will issue a press 
release.
    (4) Nomination by the United States does not place a property on 
the World Heritage List. Before a nominated property can be included on 
the World Heritage List it must be considered and approved by the 
Committee. This usually occurs at a Committee meeting in the year 
following the receipt of the nomination.
0
6. Revise Sec.  73.9 to read as follows:

Sec.  73.9  World Heritage criteria.

    (a) The Operational Guidelines identify cultural and natural 
criteria for the World Heritage List. Properties must meet at least one 
criterion, and can meet both cultural and natural criteria, in which 
case the property is considered ``mixed'' heritage. The criteria are 
subject to revision by the Committee. The Operational Guidelines also 
detail requirements for integrity and authenticity, as well as for 
legal protection and management to ensure the conservation of the 
property (see Sec.  73.13).
    (b) [Reserved]
    (c) [Reserved]
    7. Amend Sec.  73.11 by revising paragraph (a) introductory text, 
paragraph (b)(1)(ii), and paragraphs (b)(2) and (3).
    The revisions read as follows:

Sec.  73.11  Federal Interagency Panel for World Heritage.

    (a) Responsibilities. The Panel is established to advise the 
Assistant Secretary on implementation of the Convention. Among other 
things, the Panel or any of its members assist in the following 
activities:
* * * * *
    (b) * * *
    (1) * * *
    (ii) The NPS, representing the Associate Directorships that are 
responsible for cultural and/or natural resources.
* * * * *
    (2) Additional representatives from other Federal agencies with 
mandates

[[Page 96152]]

and expertise in the conservation of cultural or natural heritage, as 
those terms are defined in Articles 1 and 2 of the Convention, may be 
requested to participate in the Panel from time to time.
    (3) The Assistant Secretary chairs meetings of the Panel, and sets 
its agenda and schedule. The NPS provides staff support to the Panel.
0
8. Amend Sec.  73.13 by:
0
a. Revising paragraphs (a) and (c); and
0
b. Removing the undesignated paragraph at the end of the section.
    The revisions read as follows:

Sec.  73.13  Protection of U.S. World Heritage properties.

    (a) Requirements. (1) Article 5 of the Convention, as required in 
more detail in the Operational Guidelines, mandates that each 
participating nation shall take, insofar as possible, the appropriate 
legal, scientific, technical, administrative, and financial measures 
necessary for the identification, protection, conservation, 
preservation, and rehabilitation of properties of outstanding universal 
value. This is a government-wide obligation.
    (2) The nomination document for a property must include evidence of 
such legal protections as may be necessary to ensure preservation of 
the property and its environment, including, for example, restrictive 
covenants, easements, or other forms of protection (54 U.S.C. 
307101(c)).
* * * * *
    (c) Protection Measures for Private Properties. For properties 
owned by private organizations or individuals, the protection measures 
for each property being considered for possible nomination to the World 
Heritage List will be reviewed by the Assistant Secretary on a case-by-
case basis to ensure that they fulfill the mandate of 54 U.S.C. 
307101(c), giving consideration to what would constitute effective 
protection that is appropriate to the circumstances of the particular 
property. Such considerations may include the current and potential use 
of the property, the nature of its ownership, and the effectiveness of 
the applicable legal protection measures.
    (1) One or more of the following items may satisfy the protection 
requirements outlined in paragraph (a) of this section, if the 
Assistant Secretary determines that they sufficiently prohibit any use 
or physical alteration that is not consistent with, or which threatens 
or damages the property's universally significant value:
    (i) Written covenant executed by the owner(s); or
    (ii) Other trust or legal arrangement, such as an easement or 
substantive protection under a local historic preservation ordinance.
    (2) [Reserved]

Sec.  73.17  [Amended]

0
9. Amend Sec.  73.17, in paragraph (c), by removing the text 
``slideshows,''.

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-27373 Filed 12-3-24; 8:45 am]
BILLING CODE 4312-52-P
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