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There is a variety of printed information
available on the Landmarks program which outline the program's
procedures and the effects of Landmark designation. A reading
list is provided at the end of this fact sheet that describes
several publications useful to new Landmark owners and where these
may be obtained.
1. What are National
Historic Landmarks?
2. How
are National Historic Landmarks selected?
3. What
criteria are used to select National Historic Landmarks?
4. How
are National Historic Landmarks different from other historic
properties listed in the National Register of Historic Places?
5. Is
there a period for comment on designation before a property is
designated a National Historic Landmark?
6. How
will Landmark designation affect my ability to make changes to
my property?
7. Can
I prevent my property from being a Landmark?
8. Will
I have to open my property to the public if it becomes a Landmark?
9. Are
there requirements that I maintain my property to NPS standards
or restore it to its original or historic appearance?
10.
Does becoming a National Historic Landmark mean the Federal government
will acquire my property?
11.
Is my property likely to be affected by Federal laws and regulations?
12.
How does Federal involvement affect a Landmark?
13.
Are there advantages to National Historic Landmark owners in the
Section 106 Process?
14.
Can the Advisory Council prevent me from getting Federal funding?
15.
How long does the "Section 106" process take? Can it
delay the receipt of Federal funding?
16.
Will owner objection to Landmark status prevent the Section 106
procedures from taking place?
17.
Are there Federal funds available for preserving or protecting
National Historic Landmarks?
18.
What other benefits are there from National Historic Landmark
status?
1.What
are National Historic Landmarks? Top
National Historic Landmarks
are buildings, sites, districts, structures, and objects that
have been determined by the Secretary of the Interior to be nationally
significant in American history and culture. Many of the most
renowned historic properties in the Nation are Landmarks. Mount
Vernon, Pearl Harbor, the Apollo Mission Control Center, Alcatraz,
and the Martin Luther King Birthplace in Atlanta, Georgia are
Landmarks that illustrate important contributions to the Nation's
historical development.
2.
How are National Historic Landmarks Selected?
Top
Potential Landmarks are
identified primarily through theme studies undertaken by the National
Park Service; these studies provide a comparative analysis of
properties associated with a specific area of American history,
such as Labor or Women's History. The historic importance of these
potential Landmarks is evaluated by the National Park Service
and the National Park System Advisory Board twice yearly at meetings
that are open to the public. The Advisory Board includes citizens
who are national and community leaders in the conservation of
natural, historic, and cultural areas. Recommendations by the
Advisory Board are made to the Secretary of the Interior on potential
National Historic Landmarks. Final decisions regarding National
Historic Landmark designation are made by the Secretary of the
Interior. In most cases, designation by the Secretary occurs six
to eight weeks following the Advisory Board's recommendation.
Designation may be delayed if questions regarding the significance,
physical condition, or boundaries of a potential Landmark are
raised by the Advisory Board or the Secretary of the Interior.
Nominations prepared by
other Federal agencies, State Historic Preservation Officers,
and individuals are accepted for review and represent an increasing
number of nominations reviewed each year.
3.
What criteria are used to select National Historic Landmarks?
Top
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, technology and culture; and that possess
a high degree of integrity of location, design, setting, materials,
workmanship, feeling, and association, and:
(1) That is associated with
events that have made a significant contribution to, and are identified
with, or that outstandingly represents, the broad national patterns
of United States history and from which an understanding and appreciation
of those patterns may be gained; or
(2) That are associated
importantly with the lives of persons nationally significant in
the history of the United States; or
(3) That represent some
great idea or ideal of the American people; or
(4) That embody the distinguishing
characteristics of an architectural type specimen exceptionally
valuable for the 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
(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
(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.
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:
(1) A religious property
deriving its primary national significance from architectural
or artistic distinction or historical importance; or
(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 consequential association; or
(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 consequential association; or
(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
(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
(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
(7) A property primarily
commemorative in intent if design, age, tradition, or symbolic
value has invested it with its own national historical significance;
or
(8) A property achieving
national significance within the past 50 years if it is of extraordinary
national importance.
4.
How are National Historic Landmarks different
from other historic properties listed in the National Register
of Historic Places? Top
Landmarks have been recognized
by the Secretary of the Interior as possessing national significance.
Nationally significant properties help us understand the history
of the Nation and illustrate the nationwide impact of events or
persons associated with the property, its architectural type or
style, or information potential. A nationally significant property
is of exceptional value in representing or illustrating an important
theme in the history of the Nation. Properties listed on the National
Register are primarily of State and local significance. With a
State or locally significant property, its impact is restricted
to a smaller geographic area. For example, many historic schools
are listed on the National Register because of the historically
important role they played in educating individuals in the community
or State in which they are located. Central High School, in Little
Rock, Arkansas, is nationally significant because it was the site
of the first major confrontation over implementation of the Supreme
Court's 1954 decision outlawing racial segregation in public schools.
The city's resistance led to President Eisenhower's decision to
send Federal troops to enforce desegregation at this school in
1957.
All National Historic Landmarks
are included in the National Register which is the official list
of the Nation's historic properties worthy of preservation. Landmarks
constitute more than 2300 of almost 76,000 entries in the National
Register; the others are of State and local significance. The
process for listing a property in the National Register is different
from that for Landmark designation with different criteria and
procedures used. Some properties are recommended as nationally
significant when they are nominated to the National Register,
but before they can be designated as National Historic Landmarks,
they must be evaluated by the National Park Service's National
Historic Landmark Survey, reviewed by the National Park System
Advisory Board, and recommended to the Secretary of the Interior.
Some properties listed in the National Register are subsequently
identified by the Survey as nationally significant; others are
identified for the first time during Landmark theme studies or
other special studies. Both the National Historic Landmarks and
the National Register programs are administered by the National
Park Service under the Secretary of the Interior.
5.
Is there a period for comment on designation before a property
is designated a National Historic Landmark? Top
Yes. The owners, highest
local elected officials, State Historic Preservation Officers,
and members of Congress representing the area where the potential
Landmark is located are notified by the National Park Service
of the opportunity to comment in writing to the National Park
Service on the potential designation. These parties are provided
60 days to comment before the meeting of the Advisory Board's
National Landmarks Committee. This Committee meets prior to the
Advisory Board meeting to review the nominations in detail and
provide a report to the Advisory Board on those properties that
meet the criteria. Written comments will be included in the documentation
made available to the Committee and the Advisory Board. Interested
parties may also attend the National Landmarks Committee and Advisory
Board meetings, and upon request may be given an opportunity to
address the Committee and Board concerning a property's significance,
integrity, and proposed boundaries. The regulations outline this
aspect of the procedure in more detail; for more information refer
to 36 CFR 65.5 'Designation of
National Historic Landmarks"(c)(1)(h)(6).
6.
How will Landmark designation affect my ability to make changes
to my property? Top
Listing of private property
as a National Historic Landmark or on the National Register does
not prohibit under Federal law or regulations any actions which
may otherwise be taken by the property owner with respect to the
property. The National Park Service may recommend to owners various
preservation actions, but owners are not obligated to carry out
these recommendations. They are free to make whatever changes
they wish if Federal funding, licensing or permits are not involved.
(Questions regarding Federal involvement are answered in the next
section.) Federal laws that involve National Historic Landmarks
are listed in the Federal regulations governing this program,
specifically in 36 CFR
65.2 "Effects of Designation" (c)(1-7).
Owners should keep in mind
that State laws or local ordinances may affect National Historic
Landmarks if these legal mechanisms recognize and protect Landmarks,
independent of Federal law.
7.
Can I prevent my property from being a Landmark? Top
Yes. If a private owner,
or the majority of private owners of a potential Landmark with
multiple owners, object to Landmark designation, the Secretary
cannot designate the property.
8.
Will I have to open my property to the public if it becomes a
Landmark? Top
No. There is no such requirement
as a result of National Historic Landmark designation. The overwhelming
majority of Landmarks are privately-owned properties. Some grant
sources, however, may require that recipients of funding make
their property available to the public under very restricted circumstances.
9.
Are there requirements that I maintain my property to NPS standards
or restore it to its original or historic appearance? Top
No. The National Park Service
monitors the status of Landmarks, and will often contact owners
and discuss preservation needs. But while the NPS encourages owners
to use the Secretary of the Interior's Standards for Historic
Preservation Projects, owners are under no requirement to follow
this guidance.
10.
Does becoming a National Historic Landmark mean the Federal government
will acquire my property? Top
No. Landmark designation
implies no commitment on the part of the Federal government to
acquire the property.
Federal
Involvement with National Historic Landmarks
11.
Is my property likely to be affected by Federal laws and regulations? Top
Federal, State, and local
government-owned properties as well as private schools, institutions,
and non-profit organizations are often recipients of Federal funding,
and, therefore, would be affected by Federal laws. Surface mining,
especially surface coal mining, is subject to Federal laws. There
is also Federal legislation that affords some degree of protection
to archeological sites and the artifacts contained in them. Private
property owners of commercial or residential buildings are less
likely to be directly affected. However, federally funded construction
of highways, utility lines, or buildings may affect adjacent,
privately-owned historic properties.
12.
How does Federal involvement affect a Landmark? Top
Federal funding or licensing
of activities that affect historic properties are regulated principally
by Sections 106 and 110(f) of the National Historic Preservation
Act. Other Federal effects are listed in 36 CFR 65.2. Under Sections
106 and 110(f) of the Act, Federal agencies must "take into
account" the effects of their undertakings on historic properties,
and afford the Advisory Council on Historic Preservation an opportunity
to comment on the undertaking and its effects. Implementing regulations
of the Council may be found in 36 CFR Part
800, "Protection of Historic Properties," which
establish a process of consultation with the State Historic Preservation
Officer and the Council leading, in most instances, to agreement
on how the undertaking will proceed. Steps in the process include
identification and evaluation of historic properties that may
be affected, assessment of the effects of the Federal action,
and resolution of any adverse effects that would occur. If a Federal
activity will "directly and adversely affect" a Landmark,
Section 110(f) of the Act also calls for Federal agencies to undertake
'such planning and actions as may be necessary to minimize harm
to such Landmark.' As with Section 106, the agency must provide
the Council with a reasonable opportunity to comment in accordance
with 36 CFR Part 800. These regulations are available at no cost
from the Council; see the reading list at the end of this leaflet
for ordering information.
13.
Are there advantages to National Historic Landmark owners in the
Section 106 Process? Top
Yes. Many property owners
of Landmarks and National Register properties have found the Section
106 process useful in ensuring that incompatible development projects
or other actions funded, licensed, or initiated by Federal agencies
are reviewed and modifications made when possible to avoid, minimize,
or mitigate possible harm to historic properties. Examples of
undertakings that would receive Section 106 review might include
levee construction and other flood control measures that could
destroy archeological sites; construction of a new four-lane,
limited-access road through a rural historic district; and demolition,
alteration, repair and rehabilitation of deteriorated homes in
a historic neighborhood funded by Community Development Block
Grant monies to local governments.
14.
Can the Advisory Council prevent me from getting Federal funding? Top
No. The Advisory Council
has no veto authority over Federal agencies. It is important to
keep in mind that the law does not forbid specific actions, even
those damaging to historic properties. The purpose of the law
is to require Federal agencies to consider the effects of their
undertakings on the nation's historic properties. Once this has
been accomplished, Federal agencies may choose to proceed with
the undertaken as originally planned, modify it to mitigate damage
to the property, or not undertake the project.
15.
How long does the "Section 106" process take? Can it
delay the receipt of Federal funding? Top
The time varies depending
on the historic property, the anticipated effect, the proposed
undertaking, the complexity of consultation and negotiation, and
the extent of public interest or controversy. The regulations
do, however, provide specific time limits for both State Historic
Preservation Officer and Council action in response to agency
requests for comment.
16.
Will owner objection to Landmark status prevent the Section 106
procedures from taking place? Top
No. The law was specifically
designed to extend Section 106 protection to historic properties
not designated as National Historic Landmarks or listed on the
National Register. Section 106 requires the implementation of
Advisory Council review for properties listed on or determined
eligible for listing in the National Register. Evaluations
of historic significance are made for all properties potentially
affected by Federal undertakings in the Section 106 process. If
the property meets National Register criteria for listing, a determination
of eligibility is made and the property becomes subject to
the Section 106 process.
A determination of eligibility
for National Historic Landmark status may also be made by
the Secretary of the Interior when an owner objects to Landmark
designation. This action is equivalent to a determination of
eligibility for listing in the National Register. In other
words, Federal undertakings will still be reviewed.
Some potential Landmarks
are already listed on the National Register and thus an owner's
objection to Landmark status will not halt implementation of Section
106. Section 110(f) of the law requires a higher level of attention
for Landmarks adversely affected by Federal undertakings; this
Section, however, does not apply unless the property is designated
a National Historic Landmark.
Benefits
to National Historic Landmark Designation
17.
Are there Federal funds available for preserving or protecting
National Historic Landmarks? Top
Yes. Limited Federal grants
through the Historic Preservation Fund are available; Landmark
owners should check with their State Historic Preservation Officer
to find out about the availability of Federal and State funds.
Often State and local governments have grant and loan programs
available for historic preservation; these funds tend to be for
small amounts. National Register listing is a condition for receiving
grants and loans from many State and local governments as well
as private sources. Some funding sources give National Historic
Landmarks higher priority for funding than other National Register
properties. There are also Federal income tax incentives available
for donating easements and for rehabilitating income-generating
historic buildings. Sources of information about these programs
are included in the reading list.
18.
What other benefits are there from National Historic
Landmark status? Top
If they wish, Landmark owners
are provided with a bronze plaque to display at the Landmark.
Plaques identify the name and Landmark status of the property
and the date of designation. These are available at no cost to
the owner.
The National Park Service
provides technical preservation advice to owners of National Historic
Landmarks. Questions regarding preservation issues are routinely
answered by phone or letters, or during on-site visits by NPS
staff. The following are other forms of assistance the NPS provides
to owners:
(1) The National Park Service
publishes and distributes information available to Landmark owners
and administrators on a variety of preservation subjects. The
NPS publications catalog is listed in the reading list and is
available online at www.cr.nps.gov.
(2) From time to time, the
National Park Service contacts Landmark owners about the condition
of their properties and may ask for permission to visit. The NPs
is responsible by law for monitoring the condition of National
Historic Landmarks. Information on the condition of landmarks
and potential threats to them is aggregated in an update published
online at www.cr.nps.gov/nhl.
This update and individual downloadable information sheets on
each NHL are valuable tools for stewards to use in fundraising
and influencing policy affecting their landmarks. The information
is also used by the National Park Service to plan its assistance
programs, and helps in grant-making decisions.
(3) Each year, as funding
permits, a limited number of Landmark buildings may be selected
to receive in-depth site inspections funded and coordinated by
the National Park Service regional offices. The purpose of these
inspections is to analyze the specific condition of the Landmark,
identify and prioritize recommended work treatments, and estimate
the costs for carrying out this work. If funding permits, information
derived from the in-depth inspection may be compiled in a building
condition assessment report which may be made available to owners,
preservation organizations, and interested public and private
groups.
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