157 
Subchapter I—Historic Properties Owned or Controlled by 
Federal Agencies 
§ 205101. Assumption of responsibility for preservation of 
historic properties 
(a) IN GENERAL.— 
(1) AGENCY
HEAD
RESPONSIBILITY.—The head of each Federal 
agency shall assume responsibility for the preservation of historic prop-
erties that are owned or controlled by the agency. 
(2) USE OF AVAILABLE HISTORIC PROPERTIES.—Prior to acquiring, 
constructing, or leasing a building for purposes of carrying out agency 
responsibilities, a Federal agency shall use, to the maximum extent fea-
sible, historic properties available to the agency, in accordance with Ex-
ecutive Order No. 13006 (40 U.S.C. 3306 note). 
(3) NECESSARY PRESERVATION.—Each Federal agency shall under-
take, consistent with the preservation of historic properties, the mission 
of the agency, and the professional standards established pursuant to 
subsection (c), any preservation as may be necessary to carry out this 
chapter. 
(b) GUIDELINES FOR FEDERAL AGENCY RESPONSIBILITY FOR AGENCY- 
OWNED HISTORIC PROPERTIES.—In consultation with the Council, the Sec-
retary shall promulgate guidelines for Federal agency responsibilities under 
this subchapter. 
(c) PROFESSIONAL STANDARDS
FOR PRESERVATION
OF FEDERALLY 
OWNED
OR CONTROLLED HISTORIC PROPERTIES.—The Secretary shall 
maintain, in consultation with the Secretary of Agriculture, the Secretary 
of Defense, the Smithsonian Institution, and the Administrator of General 
Services, professional standards for the preservation of historic properties 
in Federal ownership or control. 
§ 205102. Preservation program 
(a) ESTABLISHMENT.—Each Federal agency (except an agency that is ex-
empted pursuant to section 204108(c) of this title) shall establish, in con-
sultation with the Secretary, a preservation program for the identification, 
evaluation, and nomination to the National Register, and protection, of his-
toric properties. 
(b) REQUIREMENTS.—The program shall ensure that— 
(1) historic properties under the jurisdiction or control of the agency 
are identified, evaluated, and nominated to the National Register; 
(2) historic properties under the jurisdiction or control of the agency 
are managed and maintained in a way that considers the preservation 
of their historic, archaeological, architectural, and cultural values in 
compliance with section 205302 of this title and gives special consider-
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ation to the preservation of those values in the case of properties des-
ignated as having national significance; 
(3) the preservation of properties not under the jurisdiction or con-
trol of the agency but potentially affected by agency actions are given 
full consideration in planning; 
(4) the agency’s preservation-related activities are carried out in con-
sultation with other Federal, State, and local agencies, Indian tribes, 
Native Hawaiian organizations carrying out historic preservation plan-
ning activities, and the private sector; and 
(5) the agency’s procedures for compliance with section 205302 of 
this title— 
(A) are consistent with regulations promulgated by the Council 
pursuant to section 204108(a) and (b) of this title; 
(B) provide a process for the identification and evaluation of 
historic properties for listing in the National Register and the de-
velopment and implementation of agreements, in consultation with 
State Historic Preservation Officers, local governments, Indian 
tribes, Native Hawaiian organizations, and the interested public, 
as appropriate, regarding the means by which adverse effects on 
historic properties will be considered; and 
(C) provide for the disposition of Native American cultural 
items from Federal or tribal land in a manner consistent with sec-
tion 3(c) of the Native American Graves Protection and Repatri-
ation Act (25 U.S.C. 3002(c)). 
§ 205103. Records on historic properties to be altered or de-
molished 
Each Federal agency shall initiate measures to ensure that where, as a 
result of Federal action or assistance carried out by the agency, a historic 
property is to be substantially altered or demolished— 
(1) timely steps are taken to make or have made appropriate 
records; and 
(2) the records are deposited, in accordance with section 202306 of 
this title, in the Library of Congress or with such other appropriate 
agency as the Secretary may designate, for future use and reference. 
§ 205104. Agency Preservation Officer 
The head of each Federal agency (except an agency that is exempted 
under section 204108(c) of this title) shall designate a qualified official to 
be known as the agency’s Preservation Officer who shall be responsible for 
coordinating the agency’s activities under this division. Each Preservation 
Officer may, to be considered qualified, satisfactorily complete an appro-
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priate training program established by the Secretary under section 
205101(c) of this title. 
§ 205105. Agency programs and projects 
Consistent with the agency’s missions and mandates, each Federal agency 
shall carry out agency programs and projects (including those under which 
any Federal assistance is provided or any Federal license, permit, or other 
approval is required) in accordance with the purposes of this division and 
give consideration to programs and projects that will further the purposes 
of this division. 
§ 205106. Review of plans of transferees of surplus federally 
owned historic properties 
The Secretary shall review and approve the plans of transferees of surplus 
federally owned historic properties not later than 90 days after receipt of 
the plans to ensure that the prehistorical, historical, architectural, or cul-
turally significant values will be preserved or enhanced. 
§ 205107. Planning and actions to minimize harm to Na-
tional Historic Landmarks 
Prior to the approval of any Federal undertaking that may directly and 
adversely affect any National Historic Landmark, the head of the respon-
sible Federal agency shall— 
(1) to the maximum extent possible, undertake such planning and 
actions as may be necessary to minimize harm to the landmark; and 
(2) afford the Council a reasonable opportunity to comment on the 
undertaking. 
§ 205108. Costs of preservation as eligible project costs 
A Federal agency may include the costs of preservation activities of the 
agency under this division as eligible project costs in all undertakings of the 
agency or assisted by the agency. The eligible project costs may include 
amounts paid by a Federal agency to a State to be used in carrying out 
the preservation responsibilities of the Federal agency under this division, 
and reasonable costs may be charged to Federal licensees and permittees 
as a condition to the issuance of the license or permit. 
§ 205109. Annual preservation awards program 
The Secretary shall establish an annual preservation awards program 
under which the Secretary may make monetary awards in amounts of not 
to exceed $1,000 and provide citations for special achievement to officers 
and employees of Federal, State, and certified local governments in recogni-
tion of their outstanding contributions to the preservation of historic re-
sources. The program may include the issuance of annual awards by the 
President to any citizen of the United States recommended for the award 
by the Secretary. 
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§ 205110. Environmental impact statement 
Nothing in this division shall be construed to— 
(1) require the preparation of an environmental impact statement 
where the statement would not otherwise be required under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or 
(2) provide any exemption from any requirement respecting the prep-
aration of an environmental impact statement under that Act. 
§ 205111. Waiver of provisions in event of natural disaster 
or imminent threat to national security 
The Secretary shall promulgate regulations under which the requirements 
of this chapter may be waived in whole or in part in the event of a major 
natural disaster or an imminent threat to national security. 
§ 205112. Assistance for adversely affected historic property 
Each Federal agency shall ensure that the agency will not grant a loan, 
loan guarantee, permit, license, or other assistance to an applicant that, 
with intent to avoid the requirements of section 205302 of this title, has 
intentionally significantly adversely affected a historic property to which the 
grant would relate, or having legal power to prevent it, has allowed the sig-
nificant adverse effect to occur, unless the agency, after consultation with 
the Council, determines that circumstances justify granting the assistance 
despite the adverse effect created or permitted by the applicant. 
§ 205113. Documentation of decisions respecting under-
takings 
With respect to any undertaking subject to section 205302 of this title 
that adversely affects any property included in or eligible for inclusion on 
the National Register, and for which a Federal agency has not entered into 
an agreement pursuant to regulations issued by the Council, the head of the 
agency shall document any decision made pursuant to section 205302 of 
this title. The head of the agency may not delegate responsibilities pursuant 
to that section. Where a memorandum of agreement under section 205302 
of this title has been executed with respect to an undertaking, the memo-
randum shall govern the undertaking and all of its parts. 
Subchapter II—Lease, Exchange, or Management of Historic 
Property 
§ 205121. Lease or exchange 
(a) AUTHORITY TO LEASE OR EXCHANGE.—Notwithstanding any other 
provision of law, each Federal agency, after consultation with the Council— 
(1) shall, to the extent practicable, establish and implement alter-
natives (including adaptive use) for historic properties that are not 
needed for current or projected agency purposes; and 
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