[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: 36CFR65.8]

[Page 342-343]
 
              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. 65.8  Alteration of National Historic Landmark boundaries.

    (a) Two justifications exist for enlarging the boundary of a 
National Historic Landmark: Documentation of previously unrecognized 
significance or professional error in the original designation. 
Enlargement of a boundary will be approved only when the area proposed 
for addition to the National Historic Landmark possesses or contributes 
directly to the characteristics for which the landmark was designated.
    (b) Two justifications exist for reducing the boundary of a National 
Historic Landmark: Loss of integrity or professional error in the 
original designation. Reduction of a boundary will be approved only when 
the area to be deleted from the National Historic Landmark does not 
possess or has lost the characteristics for which the landmark was 
designated.
    (c) A proposal for enlargement or reduction of a National Historic 
Landmark boundary may be submitted to or can originate with the History 
Division, NPS. NPS may restudy the National Historic Landmark and 
subsequently make a proposal, if appropriate, in the same manner as 
specified in Sec. 65.5 (c) through (h). In the case of boundary 
enlargements only those owners in the newly nominated but as yet 
undesignated area will be notified and will be counted in determining 
whether a majority of private owners object to listing.
    (d)(1) When a boundary is proposed for a National Historic Landmark 
for which no specific boundary was identified at the time of 
designation, NPS shall provide notice, in writing, of the proposed 
boundary to (i) the owner(s); (ii) the appropriate State official; (iii) 
the chief elected local official; (iv) the Members of Congress who 
represent the district and State in which the landmark is located, and 
(v) if the property is located on an Indian reservation, the chief 
executive officer of the Indian tribe, and shall allow not less than 30 
nor more than 60 days for submitting written comments on the proposal. 
In the case of a landmark with more than 50 owners, the general notice 
specified in Sec. 65.5(d)(3) will be used. In the case of National 
Historic Landmark districts for which no boundaries have been 
established, proposed boundaries shall be published in the Federal 
Register for comment and be submitted to the Committee on Energy and 
Natural Resources of the United States Senate and to the Committee on 
Interior and

[[Page 343]]

Insular Affairs of the United States House of Representatives and not 
less than 30 nor more than 60 days shall be provided for the submittal 
of written comments on the proposed boundaries.
    (2) The proposed boundary and any comments received thereon shall be 
submitted to the Associated Director for National Register Programs, 
NPS, who may approve the boundary without reference to the Advisory 
Board or the Secretary.
    (3) NPS will provide written notice of the approved boundary to the 
same parties specified in paragraph (d)(1) of this section and by 
publication in the Federal Register.
    (4) Management of the activities described in paragraphs (d)(1), 
(2), and (3) of this section is handled by the National Register of 
Historic Places, NPS, [Address: National Register of Historic Places, 
National Park Service, Department of the Interior, Washington, DC 
20240].
    (e) A technical correction to a boundary may be approved by the 
Chief, History Division, without Advisory Board review or Secretarial 
approval. NPS will provide notice, in writing, of any technical 
correction in a boundary to the same parties specified in (d)(1).