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Show .. Federal R " ' _ I Vol. 48, No. 23 to or-can oriJinate with the History Division. NPS. NPS may ratudy the National Historic Landmark and subsequently make a proposal. if appropriate. in the ..... manner 41 specified in 165,5 (c) tIIrou8h (h). In the ~ase of boundary enlargements only those owners in the newly nominated but uyet undesignated area will be notified and will be counted in detennining whether a majority of private owners object to listing. (d)(l) 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 writir:g. 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 il located on an Indian reservation. the chief executive officer of the Indian tribe. and shall allow not lesl than 30 nor more than 60 days for submitting written comments on the proposal. In the case of a landmark with more than SO owners. the general notice specified in I 85.5(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 Restater 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 Affain of the United States House of Representatives and not les. than JO nor more than 60 days shall be provided for the submittal of written comments on the proposed boundaries. (2) The proposed boundary and any COlmnents received thereon shall be submitted to the Associateli Director for National Register Programs. NPS. who may approve the boundary without reference to the Advisory Board or the Secretary. (3) NPS will provide writt.n notice of the approved boundary to the sam. parties specified in lubHction (d)(1) of this section and by publication in the Federal Resister. (4) Management of the activities described in (d)(l). (:). and (3) is handled by the National Restlter of Historic Places. NPS. [Addrels: National Regilter of Hiltoric Places. National Park Service. Department of the Interior. Washington. DC 20240). (e) A technical correction to a boundary may b. approved by the Chief. History Division. without Advisory Board review or Secretarial approval. NFS will provide no tic •. in writing. of any technical correction in a I Wednesday. Fsbruary 2. 1983 boundary to the same parties specified in (d)ll). § 85.1 Wlaidr.... of N8t1ona1l.M1dmn deeigne1lon. I (a) National Historic Landmarks will b. 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 t-{istoric Landmark designation: (1) The property ~as ceased to meet the criteria for deSignation because the qualities which caused it to be originally designated have btlen lost or destroyed. or such qualities were lost subsequent to nomination. but before de3ignation; (2) Additional information showl conclusively that the property does not possess sufficient ~ignificance to meet the National Historic Landmark criteria; (3) Professional error in the designation; and (4) Prejudicial procedural error in the designation process. (c) Prop.rties designated as National Historic Landmarks before December 13. 1980. can b. dedesignated only on the grounds established in subsection tIt)(l) (If this section. (d) The owner m~y appeal to have a property dedesignated by submitting a r~quest for dedesisnation and stating the grounds for the ~ppelil as established in subs~ction (a) to the Chief. History Divislon. National Park Service. Department of the Interior. Washington. DC 20240. An app.llant will receive a response within eo days al to whether NPS considen the documentation sufficient to initiate a restudy of the landmark. (e) Th. Secretary may initiate a restudy of a National Historic Landmark and subsequently a proposal for withdrawal of the landmark designation aa appropriate in the same manner as a new designation as specified in § 85.5 (c) through (h). Proposals will not be submitted to the Advisory Board if the grounds for removal are procedural. although the Board will be in!crmed of such propolall. (f)(l) The property will remain listed in the National Register if the Keeper det.rmines that it meets the National ReIlst.r criteria for evalution in 36 CFR eo.4. except if the property is . .6tdesignat.d on procedural grounds. (2) Any prop.rty !rom which designation is withdrawn because of a proc.dural error in the designation procesl shall automatica!!y be considered eligible for inclusion in the National Register as a National Historic Landmark without further action and I RllIes and Regulation. will be published al such in the Federal Restater. (g)(1) The National Park Service will provide written notice of the withdrawetl of a National Historic Landmark designation and the status of the National Register listing. and a copy cf the report on which those actions ar~ based to (i) the owner{s); (ii) the appropriate State official; tiii) the chief elected local official; (iv) the Members of Congress who represent the dist:ict and State in which the landmark is located: and (v) if the landma!'k is located on an Indian reserutio:l. the chief executive orficer of tha lndian tribe. In the case of a landmark with more than SO owners. the ger-eral notie!! specified in I 65.5(d)(3) will be used. (2) Notice of withdrawal of designation and related National Regiater listing and determinations of eligibility will be published penodlcaliy in the Federal Register. (h) Upon withdrawal of a ~ational Historic Landmark designation. :-';PS will reclaim the certificate lind plaque. if any. issued for that landmark. (i) An own.r shall not be considered as having exhausted administ:'ative remediel with ",spect to dedo!s:gnation of. National Historic Landmark unt:! after submitting an appeal and recel'.. in~ a response from NPS in accord ~llh these procedures. .' § 11.10 Appeal_ for . . . . .tlon. (a) Any applicant seeking to have a property designated a National Historic Landmark may appeal. Slating the grounds for appeal. directly to the Director. National Park Service. Department of the Interior. Washlng:on. DC 20240. under the follOWing circumstances. Where the applicant(1) Disagrees with ,the inlttal der.ls:on of NPS that the property is not hke:y to meet the criteria of the National Hist;;rie Landmarks Program and will not be submitted to the Advisory Board: or (2) Disagrees with the deCISion of the Secretary Ihat the oroperty coes nol meet the cntena of the N.ulon.ll ! !is .o ric Landmarks Progrdm. (b) The Director will respcrd !o the appellant within eo days. Af:cr reviev..1ng the appeal the Director may (l) deny thl! appeal; (2) direct that a National Historic Landmark nomination be prepared and processed accort!;n6 10 the regulations if thil has not ~'et occurred; or (3) resubmit the nomination to the Secretary for reconsideratlcn and final decision. (c) Any person or organization wluch supportl or opposes the consideration of a property for National Histone |
