36 CFR 62.8 - Natural landmark designation removal.

§ 62.8 Natural landmark designation removal.
(a) Criteria for removal.
(1) Except as provided in paragraph (f) of this section, national natural landmark designation is removed from an area:
(i) When it can be shown that an error in professional judgment was made such that the site did not meet the criteria for national significance at the time of designation;
(ii) When the values which originally qualified it for designation have been lost or destroyed; or
(iii) When applicable designation procedures were not followed because of prejudicial failure.
(2) Any affected owner of a designated national natural landmark may initiate the removal by submitting to the Director a request for removal of designation, stating the grounds for this removal and specifying the error in professional judgment, loss of natural values or prejudicial procedural error. A prejudicial procedural error is one that reasonably may be considered to have affected the outcome of the designation process.
(3) Within 60 days of receiving a removal request, the NPS notifies the party submitting the request of whether the NPS considers the documentation sufficient to consider removal of the natural landmark designation.
(b) Review of removal information. The NPS reviews the information outlining the grounds for removal. When necessary, an on-site evaluation of the area may be made, as outlined in § 62.4(c). Based on all available information, the NPS determines whether the area no longer merits designation as a national natural landmark.
(c) Notifications. When NPS has determined that area no longer merits designation as a national natural landmark, the NPS notifies the owner(s) and other interested parties as specified in § 62.4(d)(1)-(3). Notice of the proposed removal is also published in the Federal Register. The notified individuals may comment within 60 days of the date of the notice before a recommendation for removal is submitted to the Secretary. All comments received will be considered in the review and in the decision to remove the national natural landmark designation.
(d) Removal from the registry.
(1) The Director reviews the information about a recommended removal from the Registry and determines whether the procedural requirements in this section have been met. If the Director confirms the findings, he or she submits a recommendation for removal to the National Park System Advisory Board. The Advisory Board reviews the submitted information and recommends the removal from or retention of the area in the registry.
(2) The recommendations of the Advisory Board and the Director are submitted by the Director to the Secretary for his or her consideration. If the Secretary concurs, he or she directs the removal of the landmark from the National Registry of Natural Landmarks. Any area from which designation is withdrawn solely because of procedural error as described in paragraph (a)(1)(iii) of this section continues to meet the criteria for national significance.
(e) Notification of removal from the registry. When the Secretary removes a landmark from the National Registry of Natural Landmarks, the Secretary will notify the national natural landmark owner(s), the executive of the local government jurisdiction in which the area is located, Native American tribal governments and native villages and corporations in the area, the governor of the State, Congressional members who represent the Congressional District and State in which the area is located, and other interested authorities, organizations, and individuals, as outlined in § 62.4(d)(1), (2) and (3). The NPS is responsible for preparing and distributing the written notices. The NPS periodically publishes notice(s) of removal in the Federal Register. The NPS may reclaim the natural landmark plaque when a landmark is removed from the National Registry of Natural Landmarks.
(f) Previously designated landmarks.
(1) NPS will notify owners of national natural landmarks designated before the effective date of these regulations to give them an opportunity within 90 days of the notice to request the removal of a national natural landmark designation from their property by writing to the Director. If owners do not respond within 90 days of the notification, the national natural landmark designations of their properties will be retained.
(2) When only some owners of a national natural landmark in multiple ownership request the removal of a national natural landmark designation from their portions, the NPS determines whether, after removal of these portions, a sufficient acreage of the national natural landmark remains to demonstrate the original nationally significant features without undue compromise. If so, the boundaries of the national natural landmark are adjusted to remove the properties of owners who object to the designation. If not, the entire national natural landmark designation is removed and the area is removed from the National Registry of Natural Landmarks.
(3) Any removals of existing national natural landmark designations and related recommended boundary adjustments, must be presented by the Director to the National Park System Advisory Board for review before being presented to the Secretary who formally removes a national natural landmark from the national registry or approves changes in the national natural landmark boundary. Areas from which the designation has been removed may be reconsidered for designation under these regulations if ownership or other circumstances change.

Title 36 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION

16 U.S. Code § 1a–5 - Additional areas for National Park System

§ 461 - Declaration of national policy

§ 462 - Administration by Secretary of the Interior; powers and duties enumerated

§ 463 - National Park System Advisory Board

§ 464 - Cooperation with governmental and private agencies

§ 465 - Jurisdiction of States in acquired lands

§ 466 - Requirement for specific authorization

§ 467 - Conflict of laws

§ 467a - Repealed.

16 U.S. Code § 467a–1 - Repealed.

§ 467b - Survey by Secretary of the Interior of sites for commemoration of former Presidents of the United States

§ 468 - National Trust for Historic Preservation in the United States; creation; purpose

§ 468a - Principal office of National Trust Commission

§ 468b - Administration of National Trust; composition of board of trustees; terms of office; compensation; expenses

§ 468c - Powers and duties of National Trust

§ 468d - Consultation with Advisory Board on National Parks, Historic Sites, Buildings, and Monuments

§ 468e - Repealed.

§ 469 - Preservation of historical and archeological data threatened by dam construction or alterations of terrain

§ 469a - Notice of dam construction to be given Secretary of the Interior by United States agencies

16 U.S. Code § 469a–1 - Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal...of the Interior; survey; recovery, preservation, and protection of data

16 U.S. Code § 469a–2 - Survey by Secretary of the Interior; recovery and preservation of data; compensation for delays in construction and for temporary loss of use of land

16 U.S. Code § 469a–3 - Progress reports by Secretary of the Interior on surveys and work undertaken as result of surveys; disposition...and specimens recovered; coordination of survey and recovery activities; annual report

§ 469b - Administration; contracts or agreements; services of experts, consultants, or organizations; acceptance of funds

§ 469c - Assistance to Secretary of the Interior by Federal agencies responsible for construction projects; authorization of appropriations

16 U.S. Code § 469c–1 - “State” defined

16 U.S. Code § 469c–2 - Costs for identification, surveys, evaluation and data recovery with respect to historic properties

§ 469d - Ice Age National Scientific Reserve; statement of purpose

§ 469e - Plan for continental glaciation

§ 469f - Repealed.

§ 469g - Ice Age National Scientific Reserve; recommendations for Federal and State participation in financing public facilities and services

§ 469h - Comprehensive plan for Reserve Development

§ 469i - Repealed.

§ 469j - Commission for the Preservation of America’s Heritage Abroad

§ 469k - Repealed.

16 U.S. Code § 469k–1 - American Battlefield Protection Program

16 U.S. Code § -

16 U.S. Code § -

16 U.S. Code § -

16 U.S. Code § -

§ 469m - Women’s Rights National Historical Park

§ 469n - Preserve America Program

16 U.S. Code § -

§ 1908 - Damage to natural and historical landmarks; procedures for determination and enforcement of abatement of damaging activities