---
kind: "section"
citation: "36 C.F.R. § 401.11"
title: "36"
number: "401.11"
heading: "Demolition criteria."
url: "https://uscodex.org/cfr/36/401.11"
---

# §401.11. Demolition criteria.


As authorized by the provisions of [36 U.S.C. 2106(e)](/usc/36/2106.md?p=e), the Commission may take necessary action to demolish any war memorial built outside the United States by a citizen of the United States, a State, a political subdivision of a State, a governmental authority (except a department, agency, or instrumentality of the United States Government), a foreign agency, or a private association and to dispose of the site of the memorial in a way the Commission decides is proper, if—

- (a) The appropriate foreign authorities agree to the demolition; and
- (b)
  - (1) The sponsor of the memorial consents to the demolition; or
  - (2) **The memorial has fallen into disrepair and a reasonable effort by the Commission has failed—**
    - (i) To persuade the sponsor to maintain the memorial at a standard acceptable to the Commission; or
    - (ii) **To locate the sponsor.**

## Notes

### Authority

Authority: 36 U.S.C 2105; 36 U.S.C. 2106

### Source

Source: 70 FR 32490, June 3, 2005, unless otherwise noted.