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36 CFR § 401.11 - Demolition criteria.

---
identifier: "/us/cfr/t36/s401.11"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 401.11 - Demolition criteria."
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "401.11"
section_name: "Demolition criteria."
chapter_name: "AMERICAN BATTLE MONUMENTS COMMISSION"
part_number: "401"
part_name: "MONUMENTS AND MEMORIALS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "36 U.S.C 2105; 36 U.S.C. 2106"
regulatory_source: "70 FR 32490, June 3, 2005, unless otherwise noted."
cfr_part: "401"
---

# 401.11 Demolition criteria.

As authorized by the provisions of 36 U.S.C. 2106(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.