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Officer is fully capable of carrying out the responsibility in that 
manner; 
(D) the State Historic Preservation Officer agrees to permit the 
Secretary to review and revise, as appropriate in the discretion of 
the Secretary, decisions made by the Officer pursuant to the con-
tract or cooperative agreement; and 
(E) the Secretary and the State Historic Preservation Officer 
agree on the terms of additional financial assistance to the State, 
if there is to be any, for the costs of carrying out that responsi-
bility. 
(3) ESTABLISH CONDITIONS AND CRITERIA.—For each significant 
program area under the Secretary’s authority, the Secretary shall es-
tablish specific conditions and criteria essential for the assumption by 
a State Historic Preservation Officer of the Secretary’s duties in each 
of those programs. 
(4) PRESERVATION PROGRAMS AND ACTIVITIES NOT DIMINISHED.— 
Nothing in this chapter shall have the effect of diminishing the preser-
vation programs and activities of the Service. 
CHAPTER 2027—CERTIFICATION OF LOCAL 
GOVERNMENTS 
Sec. 
2027.01.
Certification as part of State program. 
2027.02.
Reguirements for certification. 
2027.03.
Consideration of property for inclusion on National Register. 
2027.04.
Eligibility and responsibility of certified local government. 
§ 2027.01. Certification as part of State program 
Any State program approved under this subdivision shall provide a mech-
anism for the certification by the State Historic Preservation Officer of local 
governments to carry out the purposes of this division and provide for the 
transfer, in accordance with section 2055.03(d) of this title, of a portion of 
the grants received by the States under this division, to those local govern-
ments. 
§ 2027.02. Requirements for certification 
(a) APPROVED STATE PROGRAM.—Any local government shall be certified 
to participate under this section if the applicable State Historic Preservation 
Officer, and the Secretary, certify that the local government— 
(1) enforces appropriate State or local legislation for the designation 
and protection of historic properties; 
(2) has established an adequate and qualified historic preservation 
review commission by State or local legislation; 
(3) maintains a system for the survey and inventory of historic prop-
erties that furthers the purposes of chapter 2025 of this title; 
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(4) provides for adequate public participation in the local historic 
preservation program, including the process of recommending prop-
erties for nomination to the National Register; and 
(5) satisfactorily performs the responsibilities delegated to it under 
this division. 
(b) NO APPROVED STATE PROGRAM.—Where there is no approved State 
program, a local government may be certified by the Secretary if the Sec-
retary determines that the local government meets the requirements of sub-
section (a). The Secretary may make grants to the local government cer-
tified under this subsection for purposes of this subdivision. 
§ 2027.03. Consideration of property for inclusion on Na-
tional Register 
(a) NOTICE.—Before a property within the jurisdiction of a certified local 
government may be considered by a State to be nominated to the Secretary 
for inclusion on the National Register, the State Historic Preservation Offi-
cer shall notify the owner, the applicable chief local elected official, and the 
local historic preservation commission. 
(b) REPORT.—The local historic preservation commission, after reason-
able opportunity for public comment, shall prepare a report as to whether 
the property, in the Commission’s opinion, meets the criteria of the National 
Register. Within 60 days of notice from the State Historic Preservation Of-
ficer, the chief local elected official shall transmit the report of the commis-
sion and the recommendation of the local official to the State Historic Pres-
ervation Officer. 
(c) RECOMMENDATION.— 
(1) PROPERTY
NOMINATED
TO
NATIONAL
REGISTER.—Except as 
provided in paragraph (2), after receipt of the report and recommenda-
tion, or if no report and recommendation are received within 60 days, 
the State shall make the nomination pursuant to section 2043.04 of 
this title. The State may expedite the process with the concurrence of 
the certified local government. 
(2) PROPERTY NOT NOMINATED TO NATIONAL REGISTER.—If both 
the commission and the chief local elected official recommend that a 
property not be nominated to the National Register, the State Historic 
Preservation Officer shall take no further action, unless, within 30 days 
of the receipt of the recommendation by the State Historic Preserva-
tion Officer, an appeal is filed with the State. If an appeal is filed, the 
State shall follow the procedures for making a nomination pursuant to 
section 2023.04 of this title. Any report and recommendations made 
under this section shall be included with any nomination submitted by 
the State to the Secretary. 
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§ 2027.04. Eligibility and responsibility of certified local gov-
ernment 
Any local government that is certified under this section or that is mak-
ing efforts to become certified— 
(1) shall be eligible for funds under section 2055.03(d) of this title; 
and 
(2) shall carry out any responsibilities delegated to it in accordance 
with such terms and conditions as the Secretary considers necessary or 
advisable. 
CHAPTER 2029—HISTORIC PROPERTIES OF INDIAN 
TRIBES 
Sec. 
2029.01.
Program to assist Indian tribes in preserving historic properties. 
2029.02.
Indian tribe to assume functions of State Historic Preservation Officer. 
2029.03.
Apportionment of grant funds. 
2029.04.
Contracts and cooperative agreements. 
2029.05.
Agreement for review under tribal historic preservation regulations. 
2029.06.
Eligibility for inclusion on National Register. 
§ 2029.01. Program to assist Indian tribes in preserving his-
toric properties 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a pro-
gram and promulgate regulations to assist Indian tribes in preserving their 
historic properties. 
(b) COMMUNICATION
AND COOPERATION.—The Secretary shall foster 
communication and cooperation between Indian tribes and State Historic 
Preservation Officers in the administration of the national historic preserva-
tion program to— 
(1) ensure that all types of historic properties and all public interests 
in historic properties are given due consideration; and 
(2) encourage coordination among Indian tribes, State Historic Pres-
ervation Officers, and Federal agencies in historic preservation plan-
ning and in the identification, evaluation, protection, and interpretation 
of historic properties. 
(c) TRIBAL VALUES.—The program under subsection (a) shall be devel-
oped in a manner to ensure that tribal values are taken into account to the 
extent feasible. The Secretary may waive or modify requirements of this 
subdivision to conform to the cultural setting of tribal heritage preservation 
goals and objectives. 
(d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs implemented by 
specific tribal organizations may vary in scope, as determined by each In-
dian tribe’s chief governing authority. 
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§ 2029.02. Indian tribe to assume functions of State Historic 
Preservation Officer 
An Indian tribe may assume all or any part of the functions of a State 
Historic Preservation Officer in accordance with sections 2025.02 and 
2025.03 of this title, with respect to tribal land, as those responsibilities 
may be modified for tribal programs through regulations issued by the Sec-
retary, if— 
(1) the Indian tribe’s chief governing authority so requests; 
(2) the Indian tribe designates a tribal preservation official to admin-
ister the tribal historic preservation program, through appointment by 
the Indian tribe’s chief governing authority or as a tribal ordinance 
may otherwise provide; 
(3) the tribal preservation official provides the Secretary with a plan 
describing how the functions the tribal preservation official proposes to 
assume will be carried out; 
(4) the Secretary determines, after consulting with the Indian tribe, 
the appropriate State Historic Preservation Officer, the Council (if the 
Indian tribe proposes to assume the functions of the State Historic 
Preservation Officer with respect to review of undertakings under sec-
tion 2053.02 of this title), and other Indian tribes, if any, whose tribal 
or aboriginal land may be affected by conduct of the tribal preservation 
program, that— 
(A) the tribal preservation program is fully capable of carrying 
out the functions specified in the plan provided under paragraph 
(3); 
(B) the plan defines the remaining responsibilities of the Sec-
retary and the State Historic Preservation Officer; and 
(C) the plan provides, with respect to properties neither owned 
by a member of the Indian tribe nor held in trust by the Secretary 
for the benefit of the Indian tribe, at the request of the owner of 
the properties, that the State Historic Preservation Officer, in ad-
dition to the tribal preservation official, may exercise the historic 
preservation responsibilities in accordance with sections 2025.02 
and 2025.03 of this title; and 
(5) based on satisfaction of the conditions stated in paragraphs (1), 
(2), (3), and (4), the Secretary approves the plan. 
§ 2029.03. Apportionment of grant funds 
In consultation with interested Indian tribes, other Native American orga-
nizations, and affected State Historic Preservation Officers, the Secretary 
shall establish and implement procedures for carrying out section 
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