[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR65.10]

[Page 344]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 65--NATIONAL HISTORIC LANDMARKS PROGRAM--Table of Contents
 
Sec. 65.10  Appeals for designation.

    (a) Any applicant seeking to have a property designated a National 
Historic Landmark may appeal, stating the grounds for appeal, directly 
to the Director, National Park Service, Department of the Interior, 
Washington, DC 20240, under the following circumstances:
    Where the applicant--
    (1) Disagrees with the initial decision of NPS that the property is 
not likely to meet the criteria of the National Historic Landmarks 
Program and will not be submitted to the Advisory Board; or
    (2) Disagrees with the decision of the Secretary that the property 
does not meet the criteria of the National Historic Landmarks Program.
    (b) The Director will respond to the appellant within 60 days. After 
reviewing the appeal the Director may:
    (1) Deny the appeal;
    (2) Direct that a National Historic Landmark nomination be prepared 
and processed according to the regulations if this has not yet occurred; 
or
    (3) Resubmit the nomination to the Secretary for reconsideration and 
final decision.
    (c) Any person or organization which supports or opposes the 
consideration of a property for National Historic Landmark designation 
may submit an appeal to the Director, NPS, during the designation 
process either supporting or opposing the designation. Such appeals 
received by the Director before the study of the property or before its 
submission to the National Park System Advisory Board will be considered 
by the Director, the Advisory Board and the Secretary, as appropriate, 
in the designation process.
    (d) No person shall be considered to have exhausted administrative 
remedies with respect to failure to designate a property a National 
Historic Landmark until he or she has complied with the procedures set 
forth in this section.