[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR65.9]

[Page 370-371]
 
              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. 65.9  Withdrawal of National Historic Landmark designation.

    (a) National Historic Landmarks will be considered for withdrawal of 
designation only at the request of the owner or upon the initiative of 
the Secretary.
    (b) Four justifications exist for the withdrawal of National 
Historic Landmark designation:
    (1) The property has ceased to meet the criteria for designation 
because the qualities which caused it to be originally designated have 
been lost or destroyed, or such qualities were lost subsequent to 
nomination, but before designation;
    (2) Additional information shows conclusively that the property does 
not possess sufficient significance to meet the National Historic 
Landmark criteria;
    (3) Professional error in the designation; and
    (4) Prejudicial procedural error in the designation process.
    (c) Properties designated as National Historic Landmarks before 
December 13, 1980, can be dedesignated only on the grounds established 
in paragraph (a)(1) of this section.
    (d) The owner may appeal to have a property dedesignated by 
submitting a request for dedesignation and stating the grounds for the 
appeal as established in subsection (a) to the Chief, History Division, 
National Park Service, Department of the Interior, Washington, DC 20240. 
An appellant will receive a response within 60 days as to whether NPS 
considers the documentation sufficient to initiate a restudy of the 
landmark.
    (e) The Secretary may initiate a restudy of a National Historic 
Landmark and subsequently a proposal for withdrawal of the landmark 
designation as appropriate in the same manner as a new designation as 
specified in Sec. 65.5 (c) through (h). Proposals will not be submitted 
to the Advisory Board if the grounds for removal are procedural, 
although the Board will be informed of such proposals.
    (f)(1) The property will remain listed in the National Register if 
the Keeper determines that it meets the National Register criteria for 
evalution in 36 CFR 60.4, except if the property is redesignated on 
procedural grounds.
    (2) Any property from which designation is withdrawn because of a 
procedural error in the designation process shall automatically be 
considered eligible for inclusion in the National Register as a National 
Historic Landmark without further action and will be published as such 
in the Federal Register.
    (g)(1) The National Park Service will provide written notice of the 
withdrawal of a National Historic Landmark designation and the status of 
the National Register listing, and a copy of the report on which those 
actions are based 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 landmark is located on an Indian reservation, 
the chief executive officer of the Indian tribe. In the case of a 
landmark with

[[Page 371]]

more than 50 owners, the general notice specified in Sec. 65.5(d)(3) 
will be used.
    (2) Notice of withdrawal of designation and related National 
Register listing and determinations of eligibility will be published 
periodically in the Federal Register.
    (h) Upon withdrawal of a National Historic Landmark designation, NPS 
will reclaim the certificate and plaque, if any, issued for that 
landmark.
    (i) An owner shall not be considered as having exhausted 
administrative remedies with respect to dedesignation of a National 
Historic Landmark until after submitting an appeal and receiving a 
response from NPS in accord with these procedures.