NATIONAL REGISTER 7
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[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR60.15]
[Page 303-305]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 60--NATIONAL REGISTER OF HISTORIC PLACES--Table of Contents
Sec. 60.15 Removing properties from the National Register.
(a) Grounds for removing properties from the National Register are
as follows:
(1) The property has ceased to meet the criteria for listing in the
National Register because the qualities which caused it to be originally
listed have been lost or destroyed, or such qualities were lost
subsequent to nomination and prior to listing;
(2) Additional information shows that the property does not meet the
National Register criteria for evaluation;
(3) Error in professional judgement as to whether the property meets
the criteria for evaluation; or
(4) Prejudicial procedural error in the nomination or listing
process. Properties removed from the National Register for procedural
error shall be reconsidered for listing by the Keeper after correction
of the error or errors by the State Historic Preservation Officer,
Federal Preservation Officer, person or local government which
originally nominated the property, or by
[ [Page 304] ]
the Keeper, as appropriate. The procedures set forth for nominations
shall be followed in such reconsiderations. Any property or district
removed from the National Register for procedural deficiencies in the
nomination and/or listing process shall automatically be considered
eligible for inclusion in the National Register without further action
and will be published as such in the Federal Register.
(b) Properties listed in the National Register prior to December 13,
1980, may only be removed from the National Register on the grounds
established in paragraph (a) (1) of this section.
(c) Any person or organization may petition in writing for removal
of a property from the National Register by setting forth the reasons
the property should be removed on the grounds established in paragraph
(a) of this section. With respect to nominations determined eligible for
the National Register because the owners of private property object to •
listing, anyone may petition for reconsideration of whether or not the
property meets the criteria for evaluation using these procedures.
Petitions for removal are submitted to the Keeper by the State Historic
Preservation Officer for State nominations, the Federal Preservation
Officer for Federal nominations, and directly to the Keeper from persons
or local governments where there is no approved State Historic
Preservation Program.
(d) Petitons submitted by persons or local governments where there
is no approved State Historic Preservation Program shall include a list
of the owner(s) . In such cases the Keeper shall notify the affected
owner(s) and the chief elected local official and give them an
opportunity to comment. For approved State programs, the State Historic
Preservation Officer shall notify the affected owner(s) and chief
elected local official and give them an opportunity to comment prior to
submitting a petition for removal. The Federal Preservation Officer
shall notify and obtain the comments of the appropriate State Historic
Preservation Officer prior to forwarding an appeal to NPS. All comments
and opinions shall be submitted with the petition.
(e) The State Historic Preservation Officer or Federal Preservation
Officer shall respond in writing within 45 days of receipt to petitions
for removal of property from the National Register. The response shall
advise the petitioner of the State Historic Preservation Officer's or
Federal Preservation Officer's views on the petition.
(f) A petitioner desiring to pursue his removal request must notify
the State Historic Preservation Officer or the Federal Preservation
Officer in writing within 45 days of receipt of the written views on the
petition.
(g) The State Historic Preservation Officer may elect to have a
property considered for removal according to the State's nomination
procedures unless the petition is on procedural grounds and shall
schedule it for consideration by the State Review Board as quickly as
all notification requirements can be completed following procedures
outlined in Sec. 60.6, or the State Historic Preservation Officer may
elect to forward the petition for removal to the Keeper with his or her
comments without State Review Board consideration.
(h) Within 15 days after receipt of the petitioner's notification of
intent to pursue his removal request, the State Historic Preservation
Officer shall notify the petitioner in writing either that the State
Review Board will consider the petition on a specified date or that the
petition will be forwarded to the Keeper after notification requirements
have been completed. The State Historic Preservation Officer shall
forward the petitions to the Keeper for review within 15 days after
notification requirements or Review Board consideration, if applicable,
have been completed.
(i) Within 15 days after receipt of the petitioner notification of
intent to pursue his petition, the Federal Preservation Officer shall
forward the petition with his or her comments and those of the State
Historic Preservation Officer to the Keeper.
(j) The Keeper shall respond to a petition for removal within 45
days of receipt, except where the Keeper must notify the owners and the
chief elected local official. In such cases the Keeper shall respond
within 90 days of receipt.
[ [Page 305] ]
The Keeper shall notify the petitioner and the applicable State Historic
Preservation Officer, Federal Preservation Officer, or person or local
government where there is no approved State Historic Preservation
Program, of his decision. The State Historic Preservation Officer or
Federal Preservation Officer transmitting the petition shall notify the
petitioner, the owner(s) , and the chief elected local official in
writing of the decision. The Keeper will provide such notice for
petitions from persons or local governments where there is no approved
State Historic Preservation Program. The general notice may be used for
properties with more than 50 owners. If the general notice is used it
shall be published in one or more newspapers with general circulation in
the area of the nomination.
(k) The Keeper may remove a property from the National Register on
his own motion on the grounds established in paragraph (a) of this
section, except for those properties listed in the National Register
prior to December 13, 1980, which may only be removed from the National
Register on the grounds established in paragraph (a) (1) of this section.
In such cases, the Keeper will notify the nominating authority, the
affected owner(s) and the applicable chief elected local official and
provide them an opportunity to comment. Upon removal, the Keeper will
notify the nominating authority of the basis for the removal. The State
Historic Preservation Officer, Federal Preservation Officer, or person
or local government which nominated the property shall notify the
owner(s) and the chief elected local official of the removal.
(1) No person shall be considered to have exhausted administrative
remedies with respect to removal of a property from the National
Register until the Keeper has denied a petition for removal pursuant to
this section.