CODE OF FEDERAL REGULATIONS
TITLE 36PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER INATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 65--NATIONAL HISTORIC LANDMARKS PROGRAM
65.1 Purpose and authority.
65.2 Effects of designation.
65.3 Definitions.
65.4 National Historic Landmark Criteria.
65.5 Designation of National Historic Landmarks.
65.6 Recognition of National Historic Landmarks.
65.7 Monitoring National Historic Landmarks.
65.8 Alteration of National Historic Landmark Boundaries.
65.9 Withdrawal of National Historic Landmark Designation.
65.10 Appeals for designation.
Authority: 16 U.S.C. 461 et seq., 16 U.S.C. 470 et seq.
s 65.1 Purpose and authority.
The purpose of the National Historic Landmarks Program is to identify and
designate National Historic Landmarks, and encourage the long range preservation
of nationally significant properties that illustrate or commemorate the
history and prehistory of the United States. These regulations set forth
the criteria for establishing national significance and the procedures
used by the Department of the Interior for conducting the National Historic
Landmarks Program.
(a) In the Historic Sites Act of 1935 (45 Stat. 666, 16 U.S.C. 461 et seq.)
the Congress declared that it is a national policy to preserve for public
use historic sites, buildings and objects of national significance for
the inspiration and benefit of the people of the United States and
(b) To implement the policy, the Act authorizes the Secretary of the Interior
to perform the following duties and functions, among others:
(b)(1) To make a survey of historic and archeological sites, buildings
and objects for the purpose of determining which possess exceptional value
as commemorating or illustrating the history of the United States;
(b)(2) To make necessary investigations and researches in the United States
relating to particular sites, buildings or objects to obtain true and accurate
historical and archeological facts and information concerning the same;
and
(b)(3) To erect and maintain tablets to mark or commemorate historic or
prehistoric places and events of national historical or archeological significance.
(c) The National Park Service (NPS) administers the National Historic Landmarks
Program on behalf of the Secretary.
s 65.2 Effects of designation.
(a) The purpose of the National Historic Landmarks Program is to focus
attention on properties of exceptional value to the nation as a whole rather
than to a particular State or locality. The program recognizes and promotes
the preservation efforts of Federal, State and local agencies, as well
as of private organizations and individuals and encourages the owners of
landmark properties to observe preservation precepts.
(b) Properties designated as National Historic Landmarks are listed in
the National Register of Historic Places upon designation as National Historic
Landmarks. Listing of private property on the National Register does not
prohbit under Federal law or regulations any actions which may otherwise
be taken by the property owner with respect to the property.
(c) Specific effects of designation are:
(c)(1) The National Register was designed to be and is administered as
a planning tool. Federal agencies undertaking a project having an effect
on a listed or eligible property must provide the Advisory Council on Historic
Preservation a reasonable opportunity to comment pursuant to Section 106
of the National Historic Preservation Act of 1966, as amended. The Advisory
Council has adopted procedures concerning, inter alia, their commenting
responsibility in 36 CFR Part 800.
(c)(2) Section 110(f) of the National Historic Preservation Act of 1966,
as amended, requires that before approval of any Federal undertaking which
may directly and adversely affect any National Historic Landmark, the head
of the responsible Federal agency shall, to the maximum extent possible,
undertake such planning and actions as may be necessary to minimize harm
to such landmark, and shall afford the Advisory Council a reasonable opportunity
to comment on the undertaking.
(c)(3) Listing in the National Register makes property owners eligible
to be considered for Federal grants-in-aid and loan guarantees (when implemented)
for historic preservation.
(c)(4) If a property is listed in the National Register, certain special
Federal income tax provisions may apply to the owners of the property pursuant
to Section 2124 of the Tax Reform Act of 1976, the Economic Recovery Tax
Act of 1981 and the Tax Treatment Extension Act of 1980.
(c)(5) If a property contains surface coal resources and is listed in the
National Register, certain provisions of the Surface Mining and Control
Act of 1977 require consideration of a property's historic values in determining
issuance of a surface coal mining permit.
(c)(6) Section 8 of the National Park System General Authorities Act of
1970, as amended (90 Stat. 1940, 16 U.S.C. 1-5), directs the Secretary
to prepare an annual report to Congress which identifies all National Historic
Landmarks that exhibit known or anticipated damage or threats to the integrity
of their resources. In addition, National Historic Landmarks may be studied
by NPS for possible recommendation to Congress for inclusion in the National
Park System.
(c)(7) Section 9 of the Mining in the National Parks Act of 1976 (90 Stat.
1342, 16 U.S.C. 1980) directs the Secretary of the Interior to submit to
the Advisory Council a report on any surface mining activity which the
Secretary has determined may destroy a National Historic Landmark in whole
or in part, and to request the advisory Council's advice on alternative
measures to mitigate or abate such activity.
s 65.3 Definitions.
As used in this rule:
(a) "Advisory Council" means the Advisory Council on Historic
Preservation, established by the National Historic Preservation Act of
1966, as amended (16 U.S.C. 470 et seq.). Address: Executive Director,
Advisory Council on Historic Preservation, 1522 K Street NW, Washington,
DC 20005.
(b) "Chief elected local official" means the mayor, county judge
or otherwise titled chief elected administrative official who is the elected
head of the local political jurisdiction in which the property is located.
(c) "Advisory Board" means the National Park System Advisory
Board which is a body of authorities in several fields of knowledge appointed
by the Secretary under authority of the Historic Sites Act of 1935, as
amended.
(d) "Director" means Director, National Park Service.
(e) "District" means a geographically definable area, urban or
rural, that possesses a significant concentration, linkage or continuity
of sites, buildings, structures or objects united by past events or aesthetically
by plan or physical development. A district may also comprise individual
elements separated geographically but linked by association or history.
(f) "Endangered property" means a historic property which is
or is about to be subjected to a major impact that will destroy or seriously
damage the resources which make it eligible for National Historic Landmark
designation.
(g) "Federal Preservation Officer" means the official designated
by the head of each Federal agency responsible for coordinating that agency's
activities under the National Historic Preservation Act of 1966, as amended,
including nominating properties under that agency's ownership or control
to the National Register.
(h) "Keeper" means the Keeper of the National Register of Historic
Places.
(i) "Landmark" means National Historic Landmark and is a district,
site, building, structure or object, in public or private ownership, judged
by the Secretary to possess national significance in American history,
archeology, architecture, engineering and culture, and so designated by
him.
(j) "National Register" means the National Register of Historic
Places, which is a register of districts, sites, buildings, structures
and objects significant in American history, architecture, archeology,
engineering and culture, maintained by the Secretary. (Section 2(b) of
the Historic Sites Act of 1935 (49 Stat. 666, 16 U.S.C. 461) and Section
101(a)(1) of the National Historic Preservation Act of 1966 (80 Stat. 915;
16 U.S.C. 470), as amended.) (Address: Chief, Interagency Resource Management
Division, 440 G Street NW, Washington, DC 20243.)
(k) "National Historic Landmarks Program" means the program which
identifies, designates, recognizes, lists, and monitors National Historic
Landmarks conducted by the Secretary through the National Park Service.
(Address: Chief, History Division, National Park Service, Washington, DC
20240; addresses of other participating divisions found throughout these
regulations.)
(l) "Object" means a material thing of functional, aesthetic,
cultural, historical or scientific value that may be, by nature or design,
movable yet related to a specific setting or environment.
(m) "Owner" or "owners" means those individuals, partnerships,
corporations or public agencies holding fee simple title to property. "Owner"
or "owners" does not include individuals, partnerships, corporations
or public agencies holding easements or less than fee interests (including
leaseholds) of any nature.
(n) "Property" means a site, building, object, structure or a
collection of the above which form a district.
(o) "Secretary" means the Secretary of the Interior.
(p) "Site" means the location of a significant event, a prehistoric
or historic occupation or activity, or a building or structure, whether
standing, ruined or vanished, where the location itself maintains historical
or archeological value regardless of the value of any existing structure.
(q) "State official" means the person who has been designated
in each State to administer the State Historic Preservation Program.
(r) "Structure" means a work made by human beings and composed
of interdependent and interrelated parts in a definite pattern of organization.
s 65.4 National Historic Landmark Criteria.
The criteria applied to evaluate properties for possible designation as
National Historic Landmarks or possible determination of eligibility for
National Historic Landmark designation are listed below. These criteria
shall be used by NPS in the preparation, review and evaluation of National
Historic Landmark studies. They shall be used by the Advisory Board in
reviewing National Historic Landmark studies and preparing recommendations
to the Secretary. Properties shall be designated National Historic Landmarks
only if they are nationally significant. Although assessments of national
significance should reflect both public perceptions and professional judgments,
the evaluations of properties being considered for landmark designation
are undertaken by professionals, including historians, architectural historians,
archeologists and anthropologists familiar with the broad range of the
nation's resources and historical themes. The criteria applied by these
specialists to potential landmarks do not define significance nor set a
rigid standard for quality. Rather, the criteria establish the qualitative
framework in which a comparative professional analysis of national significance
can occur. The final decision on whether a property possesses national
significance is made by the Secretary on the basis of documentation including
the comments and recommendations of the public who participate in the designation
process.
(a) Specific Criteria of National Significance: The quality of national
significance is ascribed to districts, sites, buildings, structures and
objects that possess exceptional value or quality in illustrating or interpreting
the heritage of the United States in history, architecture, archeology,
engineering and culture and that possess a high degree of integrity of
location, design, setting, materials, workmanship, feeling and association,
and:
(a)(1) That are associated with events that have made a significant contribution
to, and are identified with, or that outstandingly represent, the broad
national patterns of United States history and from which an understanding
and appreciation of those patterns may be gained; or
(a)(2) That are associated importantly with the lives of persons nationally
significant in the history of the United States; or
(a)(3) That represent some great idea or ideal of the American people;
or
(a)(4) That embody the distinguishing characteristics of an architectural
type specimen exceptionally valuable for a study of a period, style or
method of construction, or that represent a significant, distinctive and
exceptional entity whose components may lack individual distinction; or
(a)(5) That are composed of integral parts of the environment not sufficiently
significant by reason of historical association or artistic merit to warrant
individual recognition but collectively compose an entity of exceptional
historical or artistic significance, or outstandingly commemorate or illustrate
a way of life or culture; or
(a)(6) That have yielded or may be likely to yield information of major
scientific importance by revealing new cultures, or by shedding light upon
periods of occupation over large areas of the United States. Such sites
are those which have yielded, or which may reasonably be expected to yield,
data affecting theories, concepts and ideas to a major degree.
(b) Ordinarily, cemeteries, birthplaces, graves of historical figures,
properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, reconstructed
historic buildings and properties that have achieved significance within
the past 50 years are not eligible for designation. Such properties, however,
will qualify if they fall within the following categories:
(b)(1) A religious property deriving its primary national significance
from architectural or artistic distinction or historical importance; or
(b)(2) A building or structure removed from its original location but which
is nationally significant primarily for its architectural merit, or for
association with persons or events of transcendent importance in the nation's
history and the association consequential; or
(b)(3) A site of a building or structure no longer standing but the person
or event associated with it is of transcendent importance in the nation's
history and the association consequential; or
(b)(4) A birthplace, grave or burial if it is of a historical figure of
transcendent national significance and no other appropriate site, building
or structure directly associated with the productive life of that person
exists; or
(b)(5) A cemetery that derives its primary national significance from graves
of persons of transcendent importance, or from an exceptionally distinctive
design or from an exceptionally significant event; or
(b)(6) A reconstructed building or ensemble of buildings of extraordinary
national significance when accurately executed in a suitable environment
and presented in a dignified manner as part of a restoration master plan,
and when no other buildings or structures with the same association have
survived; or
(b)(7) A property primarily commemorative in intent if design, age, tradition,
or symbolic value has invested it with its own national historical significance;
or
(b)(8) A property achieving national significance within the past 50 years
if it is of extraordinary national importance.
s 65.5 Designation of National Historic Landmarks.
Potential National Historic Landmarks are identified primarily by means
of theme studies and in some instances by special studies. Nominations
and recommendations made by the appropriate State officials, Federal Preservation
Officers and other interested parties will be considered in scheduling
and conducting studies.
(a) Theme studies. NPS defines and systematically conducts organized theme
studies which encompass the major aspects of American history. The theme
studies provide a contextual framework to evaluate the relative significance
of historic properties and determine which properties meet National Historic
Landmark criteria. Theme studies will be announced in advance through direct
notice to appropriate State officials, Federal Preservation Officers and
other interested parties and by notice in the Federal Register. Within
the established thematic framework, NPS will schedule and conduct National
Historic Landmark theme studies according to the following priorities.
Themes which meet more of these priorities ordinarily will be studied before
those which meet fewer of the priorities:
(a)(1) Theme studies not yet begun as identified in "History and Prehistory
in the National Park System," 1982.
(a)(2) Theme studies in serious need of revision.
(a)(3) Theme studies which relate to a significant number of properties
listed in the National Register bearing opinions of State Historic Preservation
Officers and Federal Preservation Officers that such properties are of
potential national significance. (Only those recommendations which NPS
determines are likely to meet the landmarks criteria will be enumerated
in determining whether a significant number exists in a theme study.)
(a)(4) Themes which reflect the broad planning needs of NPS and other Federal
agencies and for which the funds to conduct the study are made available
from sources other than the regularly programmed funds of the National
Historic Landmarks Program.
(b) Special Studies. NPS will conduct special studies for historic properties
outside of active theme studies according to the following priorities:
(b)(1) Studies authorized by Congress or mandated by Executive Order will
receive the highest priority.
(b)(2) Properties which NPS determines are endangered and potentially meet
the National Historic Landmarks criteria, whether or not the theme in which
they are significant has been studied.
(b)(3) Properties listed in the National Register bearing State or Federal
agency recommendations of potential national significance where NPS concurs
in the evaluation and the property is significant in a theme already studied.
(c)(1) When a property is selected for study to determine its potential
for designation as a National Historic Landmark, NPS will notify in writing,
except as provided below, (i) the owner(s), (ii) the chief elected local
official, (iii) the appropriate State official, (iv) the Members of Congress
who represent the district and State in which the property is located,
and, (v) if the property is on an Indian reservation, the chief executive
officer of the Indian tribe, that it will be studied to determine its potential
for designation as a National Historic Landmark. This notice will provide
information on the National Historic Landmarks Program, the designation
process and the effects of designation.
(c)(2) When the property has more than 50 owners, NPS will notify in writing
(i) the chief elected local official, (ii) the appropriate State official,
(iii) the Members of Congress who represent the district and State in which
the property is located, and, (iv) if the property is on an Indian reservation,
the chief executive officer of the Indian tribe, and (v) provide general
notice to the property owners. This general notice will be published in
one or more local newspapers of general circulation in the area in which
the potential National Historic Landmark is located and will provide information
on the National Historic Landmarks Program, the designation process and
the effects of designation. The researcher will visit each property selected
for study unless it is determined that an onsite investigation is not necessary.
In the case of districts with more than 50 owners NPS may conduct a public
information meeting if widespread public interest so warrants or on request
by the chief elected local official.
(c)(3) Properties for which a study was conducted before the effective
date of these regulations are not subject to the requirements of paragraph
(c) (1) and (2) of this section.
(c)(4) The results of each study will be incorporated into a report which
will contain at least (i) a precise description of the property studied;
and (ii) an analysis of the significance of the property and its relationship
to the National Historic Landmark criteria.
(d)(1) Properties appearing to qualify for designation as National Historic
Landmarks will be presented to the Advisory Board for evaluation except
as specified in subsection (h) of this section.
(d)(2) Before the Advisory Board's review of a property, NPS will provide
written notice of this review, except as provided below, and a copy of
the study report to (i) the owner(s) of record; (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 property is located;
and, (v) if the property is located on an Indian reservation, the chief
executive officer of the Indian tribe. The list of owners shall be obtained
from official land or tax record, whichever is most appropriate, within
90 days prior to the notification of intent to submit to the Advisory Board.
If in any State the land or tax record is not the appropriate list an alternative
source of owners may be used. NPS is responsible for notifying only those
owners whose names appear on the list. Where there is more than one owner
on the list each separate owner shall be notified.
(d)(3) In the case of a property with more than 50 owners, NPS will notify,
in writing, (i) the appropriate State official; (ii) the chief elected
local official; (iii) the Members of Congress who represent the district
and State in which the property is located; (iv) if the property is located
on an Indian reservation, the chief executive officer of the Indian tribe;
and, (v) will provide general notice to the property owners. The general
notice will be published in one or more local newspapers of general circulation
in the area in which the property is located. A copy of the study report
will be made available on request. Notice of Advisory Board review will
also be published in the Federal Register.
(d)(4) Notice of Advisory Board review will be given at least 60 days in
advance of the Advisory Board meeting. The notice will state date, time
and location of the meeting; solicit written comments and recommendations
on the study report; provide information on the National Historic Landmarks
Program, the designation process and the effects of designation and provide
the owners of private property not more than 60 days in which to concur
in or object in writing to the designation. Notice of Advisory Board meetings
and the agenda will also be published in the Federal Register. Interested
parties are encouraged to submit written comments and recommendations which
will be presented to the Advisory Board. Interested parties may also attend
the Advisory Board meeting and upon request will be given an opportunity
to address the Board concerning a property's significance, integrity and
proposed boundaries.
(d)(5) Upon notification, any owner of private property who wishes to object
shall submit to the Chief, History Division, a notarized statement that
the party is the sole or partial owner of record of the property, as appropriate,
and objects to the designations. Such notice shall be submitted during
the 60- day commenting period. Upon receipt of notarized objections respecting
a district or an individual property with multiple ownership it is the
responsibility of NPS to ascertain whether a majority of owners have so
objected. If an owner whose name did not appear on the list certifies in
a written notarized statement that the party is the sole or partial owner
of a nominated private property such owner shall be counted by NPS in determining
whether a majority of owners has objected. Each owner of private property
in a district has one vote regardless of how many properties or what part
of one property that party owns and regardless of whether the property
contributes to the significance of the district.
(d)(6) The commenting period following notification can be waived only
when all property owners and the chief elected local official have agreed
in writing to the waiver.
(e)(1) The Advisory Board evalutes such factors as a property's significance,
integrity, proposed boundaries and the professional adequancy of the study.
If the Board finds that these conditions are met, it may recommend to the
Secretary that a property be designated or declared eligible for designation
as a National Historic Landmark. If one or more of the conditions are not
met, the Board may recommend that the property not be designated a landmark
or that consideration of it be deferred for further study, as appropriate.
In making its recommendation, the Board shall state, if possible, whether
or not it finds that the criteria of the landmarks program have been met.
A simple majority is required to make a recommendation of designation.
The Board's recommendations are advisory.
(e)(2) Studies submitted to the Advisory Board (or the Consulting Committee
previously under the Heritage Conservation and Recreation Service) before
the effective date of these regulations need not be resubmitted to the
Advisory Board. In such instances, if a property appears to qualify for
designation, NPS will provide notice and a copy of the study report to
the parties as specified in subsections (d)(2) and (3) of this section
and will provide at least 30 days in which to submit written comments and
to provide an opportunity for owners to concur in or object to the designation.
(e)(3) The Director reviews the study report and the Advisory Board recommendations,
certifies that the procedural requirements set forth in this section have
been met and transmits the study reports, the recommendations of the Advisory
Board, his recommendations and any other recommendations and comments received
pertaining to the properties to the Secretary.
(f) The Secretary reviews the nominations, recommendations and any comments
and, based on the criteria set forth herein, makes a decision on National
Historic Landmark designation. Properties that are designated National
Historic Landmarks are entered in the National Register of Historic Places,
if not already so listed.
(f)(1) If the private owner or, with respect to districts or individual
properties with multiple ownership, the majority of such owners have objected
to the designation by notarized statements, the Secretary shall not make
a National Historic Landmark designation but shall review the nomination
and make a determination of its eligibility for National Historic Landmark
designation.
(f)(2) The Secretary may thereafter designate such properties as National
Historic Landmarks only upon receipt of notarized statements from the private
owner (or majority of private owners in the event of a district or a single
property with multiple ownership) that they do not object to the designation.
(f)(3) The Keeper may list in the National Register properties considered
for National Historic Landmark designation which do not meet the National
Historic Landmark criteria but which do meet the National Register criteria
for evaluation in 36 CFR Part 60 or determine such properties eligible
for the National Register if the private owners or majority of such owners
in the case of districts object to designation. A property determined eligible
for National Historic Landmark designation is determined eligible for the
National Register.
(g) Notice of National Historic Landmark designation, National Register
listing, or a determination of eligibility will be sent in the same manner
as specified in subsections (d)(2) and (3) of this section. For properties
which are determined eligible the Advisory Council will also be notified.
Notice will be published in the Federal Register.
(h)(1) The Secretary may designate a National Historic Landmark without
Advisory Board review through accelerated procedures described in this
section when necessary to assist in the preservation of a nationally significant
property endangered by a threat of imminent damage or destruction.
(h)(2) NPS will conduct the study and prepare a study report as described
in subsection (c)(4) of this section.
(h)(3) If a property appears to qualify for designation, the National Park
Service will provide notice and a copy of the study report to the parties
specified in subsections (d)(2) and (3) and will allow at least 30 days
for the submittal of written comments and to provide owners of private
property an opportunity to concur in or object to designation as provided
in subsection (d)(5) of this section except that the commenting period
may be less than 60 days.
(h)(4) The Director will review the study report and any comments, will
certify that procedural requirements have been met, and will transmit the
study report, his and any other recommendations and comments pertaining
to the property to the Secretary.
(h)(5) The Secretary will review the nomination and recommendations and
any comments and, based on the criteria set forth herein, make a decision
on National Historic Landmark designation or a determination of eligibility
for designation if the private owners or a majority of such owners of historic
districts object.
(h)(6) Notice of National Historic Landmark designation or a determination
of eligibility will be sent to the same parties specified in subsections
(d)(2) and (3) of this section.
s 65.6 Recognition of National Historic Landmarks.
(a) Following designation of a property by the Secretary as a National
Historic Landmark, the owner(s) will receive a certificate of designation.
In the case of a district, the certificate will be delivered to the chief
elected local official or other local official, or to the chief officer
of a private organization involved with the preservation of the district,
or the chief officer of an organization representing the owners of the
district, as appropriate.
(b) NPS will invite the owner of each designated National Historic Landmark
to accept, free of charge, a landmark plaque. In the case of a district,
the chief elected local official or other local official, or the chief
officer of an organization involved in the preservation of the district,
or chief officer of an organization representing the owners of the district,
as appropriate, may accept the plaque on behalf of the owners. A plaque
will be presented to properties where the appropriate recipient(s) (from
those listed above) agrees to display it publicly and appropriately.
(c) The appropriate recipient(s) may accept the plaque at any time after
designation of the National Historic Landmark. In so doing owners give
up none of the rights and privileges of ownership or use of the landmark
property nor does the Department of the Interior acquire any interest in
property so designated.
(d) NPS will provide one standard certificate and plaque for each designated
National Historic Landmark. The certificate and plaque remain the property
of NPS. Should the National Historic Landmark designation at any time be
withdrawn, in accordance with the procedures specified in s 65.9 of these
rules, or should the certificate and plaque not be publicly or appropriately
displayed, the certificate and the plaque, if issued, will be reclaimed
by NPS.
(e) Upon request, and if feasible, NPS will help arrange and participate
in a presentation ceremony.
s 65.7 Monitoring National Historic Landmarks.
(a) NPS maintains a continuing relationship with the owners of National
Historic Landmarks. Periodic visits, contacts with State Historic Preservation
Officers, and other appropriate means will be used to determine whether
landmarks retain their integrity, to advise owners concerning accepted
preservation standards and techniques and to update administrative records
on the properties.
(b) Reports of monitoring activities form the basis for the annual report
submitted to Congress by the Secretary of the Interior, as mandated by
Section 8, National Park System General Authorities Act of 1970, as amended
(90 Stat. 1940, 16 U.S.C. 1a-5). The Secretary's annual report will identify
those National Historic Landmarks which exhibit known or anticipated damage
or threats to their integrity. In evaluating National Historic Landmarks
for listing in the report, the seriousness and imminence of the damage
or threat are considered, as well as the integrity of the landmark at the
time of designation taking into account the criteria in
Section 65.4.
(c) As mandated in Section 9, Mining in the National Parks Act of 1976
(90 Stat. 1342, 16 U.S.C. 1980), whenever the Secretary of the Interior
finds that a National Historic Landmark may be irreparably lost or destroyed
in whole or in part by any surface mining activity, including exploration
for, removal or production of minerals or materials, the Secretary shall
(1) notify the person conducting such activity of that finding; (2) submit
a report thereon, including the basis for his finding that such activity
may cause irreparable loss or destruction of a National Historic Landmark,
to the Advisory Council; and (3) request from the Council advice as to
alternative measures that may be taken by the United States to mitigate
or abate such activity.
(d) Monitoring activities described in this section, including the preparation
of the mandated reports to Congress and the Advisory Council are carried
out by NPS regional offices under the direction of the Preservation Assistance
Division, NPS [Address: Chief, Resource Assistance Division, National Park
Service, 440 G Street NW, Washington, DC 20243] in consultation with the
History Division, NPS.
s 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 s 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 s 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 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.
(d)(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.
(d)(3) NPS will provide written notice of the approved boundary to the
same parties specified in subsection (d)(1) of this section and by publication
in the Federal Register.
(d)(4) Management of the activities described in (d)(1), (2), and (3) 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).
s 65.9 Withdrawal of National 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:
(b)(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;
(b)(2) Additional information shows conclusively that the property does
not possess sufficient significance to meet the National Historic Landmark
criteria;
(b)(3) Professional error in the designation; and
(b)(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 subsection
(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
s 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.
(f)(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 more than 50 owners, the general
notice specified in s 65.5(d)(3) will be used.
(g)(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.
s 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--
(a)(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
(a)(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.
ADDITIONAL INFORMATION FROM WESTLAW
48 FR 4652-02
1983 WL 130898 (F.R.)
(Cite as: 48 FR 4652)
RULES and REGULATIONS
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 65
National Historic Landmarks Program
Wednesday, February 2, 1983
AGENCY: National Park Service, Interior.
ACTION: Final rule.
SUMMARY: These regulations set forth the Secretary of the Interior's criteria
for national significance and the process used to identify, designate,
recognize and monitor the integrity of National Historic Landmarks. This
final rule incorporates revisions required by the National Historic Preservation
Act Amendments of 1980 Pub. L. 96-515 ("Amendments"), and updates
and revises in other minor respects the National Historic Landmark procedures
based in part on comments received in response to publication of prior
regulations. The regulations make available to Federal agencies, State
and local governments, private organizations, and individuals information
necessary for understanding of and participation in the National Historic
Landmarks Program.
DATES: Final rule effective February 2, 1983.
FOR FURTHER INFORMATION CONTACT: Edwin C. Bearss, Chief, History Division
(202) 523-0089. Address: Chief, History Division, National Park Service,
Washington, DC 20240.
SUPPLEMENTARY INFORMATION: The National Historic Landmarks Program, administered
by the National Park Service, is the program of the Department of the Interior
for identifying, designating, recognizing, listing, and monitoring National
Historic Landmarks. Two offices in the national Park Service cooperate
in managing the program: the Office of the Associate Director, Cultural
Resources Management, through the History Division, manages the functions
of identifying, designating and recognizing landmarks; the Office of the
Associate Director for National Register Programs lists landmarks on the
National Register of Historic Places and monitors their condition. The
program provides limited protection to historic properties and assists
the planning needs of Federal, State and local agencies and private organizations
and individuals because it is the primary Federal means of assessing the
national level of significance of historic properties, including those
proposed for inclusion in the National Park System and for addition to
the World Heritage List. Authority for the National Historic Landmarks
Program is derived from the historic Sites Act of 1935 (49 Stat. 666, 16
U.S.C. 461 et seq.), which established a national policy to preserve "historic
sites, buildings, and objects of national significance," and the National
Historic Preservation Act Amendments of 1980 (Amendments).
Interim rules for the National Historic Landmarks Program were published
in the Federal Register on December 18, 1979, 44 FR 74826, with a request
for comments. The December 18, 1979 interim rules are replaced by the final
rules published today. Responses to the publication of the December 18,
1979 interim rules indicate the wide range of parties participating in
the Landmarks Program, including State Historic Preservation Officers,
other State and Federal agencies, university faculties, business firms,
private organizations and individuals. On December 12, 1980, the Amendments
became law necessitating revisions in the National Historic Landmark designation
process. The Amendments require the Secretary of the Interior to promulgate
or revise regulations for the following:
(a) Establishing and revising criteria for National Historic Landmarks;
(b) Designating properties as National Historic Landmarks and removing
such designations;
(c) Considering appeals from such nominations, removals, and designations
(or any failure or refusal by a nominating authority to nominate or designate);
(d) Notifying the owner of a property, appropriate local governments and
the general public, when the property is being considered for designation
as a National Historic Landmark;
(e) Notifying the owners of private property and providing them an opportunity
(including a reasonable period of time) to concur in or object to the nomination
of the property or district for designation;
(f) Reviewing the nomination of the property or district where any such
objection has been made, determining whether or not the property or district
is eligible for designation, and informing the Advisory Council on Historic
Preservation, the appropriate State official, the appropriate chief elected
local official and the owner or owners of such property of the Secretary's
determination; and,
(g) In the case of National Historic Landmark districts for which no boundaries
have been established, publishing proposed boundaries in the Federal Register
and submitting them to the Committee on Energy and Natural Resources of
the United States Senate and to the Committee on Interior and Insular Affairs
of the United States House of Representatives.
The Amendments require the Secretary to send any proposed regulations published
thereunder to the Committee on Interior and Insular Affairs of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate before publication in the Federal Register for comment, and
to send final regulations to Congress before publication.
In addition to the changes required by the Amendments, these final regulations
reflect comments made in response to the December 18, 1979 interim regulations.
Since the issuance of the December 18, 1979 interim regulations, the Heritage
Conservation and Recreation Service (HCRS) has been abolished and the National
Historic Landmarks Program transferred to the National Park Service (NPS).
Comments received often refer to the Consulting Committee which was a review
board proposed to examine and make professional recommendations to the
Director (HCRS) and the Secretary of the Interior regarding the qualifications
of nominated National Historic Landmarks. With the transfer of the program
to the National Park Service, these regulations substitute the National
Park System Advisory Board for the Consulting Committee.
Summary of comments and response to comments on the December 18, 1979 interim
regulations:
One State urged that a specific system be established for nominations by
State Historic Preservation Officers. The National Park Service also emphasized
that National Historic Landmarks should be selected primarily on the basis
of theme studies because of the importance of comparative analysis. Both
of these concerns are incorporated into the priorities for selecting studies
established in these regulations.
Several comments were received concerning the composition of the Consulting
Committee and the role of the Committee. One comment suggested that designation
by the Secretary without Consulting Committee review should be provisional
and should require Committee concurrence within a specified period of time.
Another comment recommended that the Committee include expertise in both
historic and prehistoric archeology. As a result, the regulations have
been made more specific concerning when and how the Secretary may designate
National Historic Landmarks without National Park System Advisory Board
review.
Several private companies expressed concerns about the effects of designation.
One company interpreted the Historic Sites Act to mean that the Department
of the Interior must obtain an interest in a property before designation.
The Department does not agree with this interpretation of the act. The
same company expressed concern that the owners were giving up some right
in their property. Under Federal law, National Historic Landmark designation
of a private property does not prohibit any actions which may otherwise
be taken by the owner with respect to the property.
Others suggested that the role of the Director in the designation process
should be clarified. This has been done in the regulations. One comment
also urged that NPS should assure that all National Historic Landmark studies,
public meetings, etc., should be carried out by NPS or with an NPS representative
present. While this concern is not addressed in the regulations, NPS will
assure that there is adequate NPS oversight of all aspects of the program.
One comment expressed concern that some aspects of the National Historic
Landmark criteria are too broad, for example, the references to movements,
ideals, beliefs and phenomena. The regulations make clear that the criteria
are the general standards for evaluation of national significance; however,
NPS emphasizes that the significance of each property must be evaluated
on the basis of a thorough and detailed scholarly study.
The notification procedures before designation were the subject of a number
of comments. One State Historic Preservation Officer recommended that State
Historic Preservation Officers always participate in public meetings. Although
this is not addressed in the regulations, NPS always welcomes State Historic
Preservation Officers' participation in public meetings as well as in other
aspects of the program.
Other comments recommended that additional parties be notified, as well
as those included in the interim regulations. Because notice is costly,
NPS can routinely notify only a certain number of parties as part of the
nomination process.
A number of comments recommended revising the registration section. Some
comments recommended that certificates be presented to all National Historic
Landmarks. This has been included. Others recommended that plaques not
be presented unless the recipients are willing to publicly display them.
This has been included. Another comment questioned getting owners to sign
a preservation agreement which is not binding. Based on these comments
the registration aspect of the program has been substantially revised.
To fulfill the requirements of the Amendments and on the basis of the comments
received on the December 18, 1979 interim regulations, substantive revisions
have been made in the sections of the regulations listed below:
Section 65.2. A new section on the effects of designation has been added.
Section 65.4. The National Historic Landmark Criteria, Section 1205.9 in
the December 18, 1979 interim rules (reprinted as 36 CFR Part 65 in 1981
to reflect the reorganization of HCRS into NPS) have been moved to a new
position to emphasize their importance as the basis for all decisions on
landmark designation. These criteria were revised following consultation
with historical and archeological associations, the History Areas Committee
of the National Park System Advisory Board and the National Register. As
a result, the revised criteria herein have been substituted for those of
the 1979 rules. With some changes, these are the criteria used by the National
Historic Landmarks Program before the 1979 rules. They are less cumbersome
and more closely parallel with the criteria of the National Register (36
CFR Part 60).
Section 65.5. New language has been inserted to clarify the method and
priorities used to identify prospective landmarks, to assure general understanding
of how National Historic Landmark studies are scheduled, and to define
the role of the appropriate State officials, Federal agencies and other
parties in that process.
The Department receives numerous requests to designate properties as National
Historic Landmarks from State officials, property owners and others. The
requests to study and designate such properties far exceed the funds and
staff available to the Department for the conduct of the program. National
Historic Landmarks will, with rare exceptions, be identified on the basis
of theme studies which provide the contextual framework to evaluate the
relative significance of properties. The theme studies, which organize
the study of American history, and special studies for properties not in
active theme studies will be conducted according to priorities established
herein.
State and Federal agencies evaluate, document, and nominate significant
historic properties to the National Register of Historic Places, under
the authorities of the National Historic Preservation Act of 1966, as amended,
and Executive Order 11593. Their efforts are one basis for establishing
National Historic Landmark Program priorities and assist in avoiding duplication
of effort.
Section 65.5(c)(2). This paragraph has been modified to state that onsite
visits will be required unless NPS determines such a visit is not necessary
and to indicate that NPS may conduct a public information meeting for properties
with more than 50 owners and will do so for such a property upon request
by the chief elected official of the local, county or municipal political
jurisdiction in which the property is located. This section also provides
that properties on which the onsite visit was conducted before the effective
date of these regulations are not subject to the notice provisions announcing
that a study is being conducted.
Section 65.5(c)(4). New language has been added to identify minimum requirements
for the study report or nomination for each prospective landmark.
Section 65.5(d)(5). This paragraph has been modified to provide owners
an opportunity to concur in or object to designation and to specify how
a statement of objection shall be transmitted to NPS.
Section 65.5(e)(2). New language has been added to provide that studies
submitted to the Consulting Committee or National Park System Advisory
Board before the effective date of these regulations need not be resubmitted
to the National Park System Advisory Board. In such instances, if a property
appears to qualify for designation, NPS will provide at least 30 days notice,
a copy of the study report, and an opportunity to comment, and, for owners,
an opportunity to concur in or object to the designation as specified in
s 65.5(d) (2) and (3), before submitting a property to the Secretary for
designation.
Section 65.5(e)(3). New language has been added to clarify the role of
the Director in the evaluation and designation of landmarks.
Section 65.5(f). New language has been added to provide that if the owners
of private property or for a district the majority of such owners have
objected to the designation, the Secretary shall make a determination of
a property's eligibility for National Historic Landmark designation, as
required by the Amendments. The paragraph also establishes that the Keeper
may list in the National Register properties considered for National Historic
Landmark designation which do not meet the National Historic Landmark criteria
but do meet the National Register criteria for State or local significance
or determine such properties eligible for listing if the private owners
or a majority of such owners object to listing.
Section 65.5(g). This paragraph describes the notices which NPS will provide
concerning designations, determinations of eligibility for designation
or other actions taken by the Secretary.
Section 65.5(h). New language has been added to clarify when the Secretary
may designate National Historic Landmarks without review by the National
Park System Advisory Board and to identify notification procedures and
other procedural steps to be followed in the designation of landmarks without
Advisory Board review.
Section 65.6. Landmark Registration has been redefined as Landmark Recognition;
this change will eliminate potential confusion between "Registered"
Landmarks and National Register properties.
Section 65.8(d)(1). A new provision is added that 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 submitted to the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Interior and Insular Affairs of the
United States House of Representatives to allow not less than 30 nor more
than 60 days to comment on the proposed boundaries.
Section 65.9(a). New language expands the potential justification for withdrawals
of landmark designation from three to four, including alternation of kind
or degree of significance because of previously undiscovered information
and reevaluation of the theme under which the designation was originally
granted.
Section 65.9(b). This section specifies that properties designated as National
Historic Landmarks before enactment of the Amendments, December 13, 1980,
can only be redesignated if they have ceased to meet the criteria for designation
because the qualities which caused them to be originally designated have
been lost or destroyed. This provision is consistent with the Amendments'
"grandfathering" all historic properties listed as National Historic
Landmarks in the Federal Register of February 8, 1979 or thereafter prior
to the effective date of the Amendments, and with the Congressional committee
reports on the Amendments which recognize that the Secretary may dedesignate
properties which have lost the historic qualities for which they were designated.
Section 65.9(c). A process is established for appeals for dedesignation.
Section 65.9(e). New language provides for possible continued National
Register listing when a landmark designation is withdrawn and automatic
National Register eligibility when designation is withdrawn because of
procedural error.
Section 65.10. A new section has been added which establishes a formal
process for appealing decisions not to designate a property a National
Historic Landmark.
These substantive revisions are accompanied by minor changes in language
throughout the regulations for purposes of clarity and consistency. The
Department of the Interior emphasizes that the National Historic Landmark
criteria constitute the standards against which all prospective landmarks
are measured. These criteria do not contain a specific definition of significance.
Instead, they are purposely worded to create a qualitative framework that
can be applied to the wide variety of properties of national significance.
The basis for designation of properties as landmarks is a scholarly, professional
analysis of the historical documentation for each property and of the property's
relative significance within a major field or theme of American history
or prehistory.
The Department of the Interior has given particular attention to the need
for expanded public participation in the National Historic Landmark designation
process. Notification requirements have been set which will insure that
property owners, appropriate State officials, local governments, Members
of Congress, and other interested parties will have ample opportunity to
participate in the National Historic Landmarks Program.
Authority: This rulemaking is developed under the authority of the Historic
Sites Act of 1935, 16 U.S.C. 461 et seq., and the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 470 et seq.
The Department of the Interior has determined that this document is not
a major rule under Executive Order 12291 and does not have a significant
economic effect on a substantial number of small entities in accordance
with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). These revisions
are procedural, not substantive. They tell the public how properties are
nominated for designation as National Historic Landmarks and because they
are procedural only they have no significant economic effect on small entities.
Paperwork Reduction Act
This rule does not contain information collection requirements which require
approval by the Office of Management and Budget under 44 U.S.C 3501 et
seq.
Since this rule has to do only with the procedural aspects of the National
Historic Landmarks Program and does not constitute a major Federal action
significantly affecting the quality of the human environment under the
National Environmental Policy Act of 1969 an environmental impact statement
is not required.
List of Subjects in 36 CFR Part 65
Historic preservation.
The originator of these procedures is Benjamin Levy, History Division,
National Park Service.
Dated: October 19, 1982.
Ric Davidge, Acting Assistant Secretary, Fish and Wildlife and Parks.
(16 U.S.C. 461 et seq.: 16 U.S.C. 470 et seq.)
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The Vermont Heritage Network
The University of Vermont Historic Preservation Program
Wheeler House, University of Vermont
Burlington, VT 05405
(802)656-3180
http://www.uvm.edu/~vhnet
E-mail To: vhnet@zoo.uvm.edu