114 
(b) INCLUSIONS.—In this division, the term ‘‘Native Hawaiian organiza-
tion’’ includes the Office of Hawaiian Affairs of Hawaii and Hui Malama 
I Na Kupuna O Hawai’i Nei, an organization incorporated under the laws 
of the State of Hawaii. 
§ 300315. Preservation or historic preservation 
In this division, the term ‘‘preservation’’ or ‘‘historic preservation’’ in-
cludes— 
(1) identification, evaluation, recordation, documentation, curation, 
acquisition, protection, management, rehabilitation, restoration, sta-
bilization, maintenance, research, interpretation, and conservation; 
(2) education and training regarding the foregoing activities; or 
(3) any combination of the foregoing activities. 
§ 300316. Secretary 
In this division, the term ‘‘Secretary’’ means the Secretary acting through 
the Director. 
§ 300317. State 
In this division, the term ‘‘State’’ means— 
(1) a State, the District of Columbia, Puerto Rico, Guam, American 
Samoa, the Virgin Islands, and the Northern Mariana Islands; and 
(2) the Republic of the Marshall Islands, the Federated States of Mi-
cronesia, and the Republic of Palau. 
§ 300318. State historic preservation review board 
In this division, the term ‘‘State historic preservation review board’’ means 
a board, council, commission, or other similar collegial body established as 
provided in section 302301(2) of this title— 
(1) the members of which are appointed by the State Historic Preser-
vation Officer (unless otherwise provided for by State law); 
(2) a majority of the members of which are professionals qualified in 
history, prehistoric and historic archeology, architectural history, archi-
tecture, folklore, cultural anthropology, curation, conservation, landscape 
architecture, and related disciplines; and 
(3) that has the authority to— 
(A) review National Register nominations and appeals from 
nominations; 
(B) review appropriate documentation submitted in conjunction 
with the Historic Preservation Fund; 
(C) provide general advice and guidance to the State Historic 
Preservation Officer; and 
(D) perform such other duties as may be appropriate. 
§ 300319. Tribal land 
In this division, the term ‘‘tribal land’’ means— 
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(1) all land within the exterior boundaries of any Indian reservation; 
and 
(2) all dependent Indian communities. 
§ 300320. Undertaking 
In this division, the term ‘‘undertaking’’ means a project, activity, or pro-
gram funded in whole or in part under the direct or indirect jurisdiction of 
a Federal agency, including— 
(1) those carried out by or on behalf of the Federal agency; 
(2) those carried out with Federal financial assistance; 
(3) those requiring a Federal permit, license, or approval; and 
(4) those subject to State or local regulation administered pursuant to 
a delegation or approval by a Federal agency. 
§ 300321. World Heritage Convention 
In this division, the term ‘‘World Heritage Convention’’ means the Conven-
tion concerning the Protection of the World Cultural and Natural Heritage, 
done at Paris November 23, 1972 (27 UST 37). 
Subdivision 2—Historic Preservation 
Program 
Chapter 3021—National Register of 
Historic Places 
Sec. 
302101.
Maintenance by Secretary. 
302102.
Inclusion of properties on National Register. 
302103.
Criteria and regulations relating to National Register, National Historic Landmarks, 
and World Heritage List. 
302104.
Nominations for inclusion on National Register. 
302105.
Owner participation in nomination process. 
302106.
Retention of name. 
302107.
Regulations. 
302108.
Review of threats to historic property. 
§ 302101. Maintenance by Secretary 
The Secretary may expand and maintain a National Register of Historic 
Places composed of districts, sites, buildings, structures, and objects signifi-
cant in American history, architecture, archeology, engineering, and culture. 
§ 302102. Inclusion of properties on National Register 
(a) IN GENERAL.—A property that meets the criteria for National Historic 
Landmarks established pursuant to section 302103 of this title shall be des-
ignated as a National Historic Landmark and included on the National Reg-
ister, subject to the requirements of section 302107 of this title. 
(b) HISTORIC PROPERTY
ON NATIONAL REGISTER
ON DECEMBER 12, 
1980.—All historic property included on the National Register on December 
12, 1980, shall be deemed to be included on the National Register as of their 
initial listing for purposes of this division. 
(c) HISTORIC PROPERTY LISTED IN FEDERAL REGISTER OF FEBRUARY 6, 
1979, OR PRIOR TO DECEMBER 12, 1980, AS NATIONAL HISTORIC LAND-
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116 
MARKS.—All historic property listed in the Federal Register of February 6, 
1979, or prior to December 12, 1980, as National Historic Landmarks are 
declared by Congress to be National Historic Landmarks of national historic 
significance as of their initial listing in the Federal Register for purposes of 
this division and chapter 3201 of this title, except that in the case of a Na-
tional Historic Landmark district for which no boundaries had been estab-
lished as of December 12, 1980, boundaries shall first be published in the Fed-
eral Register. 
§ 302103. Criteria and regulations relating to National Reg-
ister, National Historic Landmarks, and World 
Heritage List 
The Secretary, in consultation with national historical and archeological 
associations, shall— 
(1) establish criteria for properties to be included on the National Reg-
ister and criteria for National Historic Landmarks; and 
(2) promulgate regulations for— 
(A) nominating properties for inclusion on, and removal from, 
the National Register and the recommendation of properties by cer-
tified local governments; 
(B) designating properties as National Historic Landmarks and 
removing that designation; 
(C) considering appeals from recommendations, nominations, re-
movals, and designations (or any failure or refusal by a nominating 
authority to nominate or designate); 
(D) nominating historic property for inclusion in the World Her-
itage List in accordance with the World Heritage Convention; 
(E) making determinations of eligibility of properties for inclu-
sion on the National Register; and 
(F) notifying the owner of a property, any appropriate local gov-
ernments, and the general public, when the property is being consid-
ered for inclusion on the National Register, for designation as a Na-
tional Historic Landmark, or for nomination to the World Heritage 
List. 
§ 302104. Nominations for inclusion on National Register 
(a) NOMINATION BY STATE.—Subject to the requirements of section 302107 
of this title, any State that is carrying out a program approved under chap-
ter 3023 shall nominate to the Secretary property that meets the criteria pro-
mulgated under section 302103 of this title for inclusion on the National Reg-
ister. Subject to section 302107 of this title, any property nominated under 
this subsection or under section 306102 of this title shall be included on the 
National Register on the date that is 45 days after receipt by the Secretary 
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of the nomination and the necessary documentation, unless the Secretary dis-
approves the nomination within the 45-day period or unless an appeal is filed 
under subsection (c). 
(b) NOMINATION BY PERSON OR LOCAL GOVERNMENT.—Subject to the re-
quirements of section 302107 of this title, the Secretary may accept a nomina-
tion directly from any person or local government for inclusion of a property 
on the National Register only if the property is located in a State where there 
is no program approved under chapter 3023 of this title. The Secretary may 
include on the National Register any property for which such a nomination 
is made if the Secretary determines that the property is eligible in accordance 
with the regulations promulgated under section 302103 of this title. The deter-
mination shall be made within 90 days from the date of the nomination un-
less the nomination is appealed under subsection (c). 
(c) APPEAL.—Any person or local government may appeal to the Sec-
retary— 
(1) a nomination of any property for inclusion on the National Reg-
ister; and 
(2) the failure of a nominating authority to nominate a property in 
accordance with this chapter. 
§ 302105. Owner participation in nomination process 
(a) REGULATIONS.—The Secretary shall promulgate regulations requiring 
that before any property may be included on the National Register or des-
ignated as a National Historic Landmark, the owner of the property, or a 
majority of the owners of the individual properties within a district in the 
case of a historic district, shall be given the opportunity (including a reason-
able period of time) to concur in, or object to, the nomination of the property 
for inclusion or designation. The regulations shall include provisions to carry 
out this section in the case of multiple ownership of a single property. 
(b) WHEN PROPERTY SHALL NOT BE INCLUDED ON NATIONAL REGISTER 
OR DESIGNATED AS NATIONAL HISTORIC LANDMARK.—If the owner of any 
privately owned property, or a majority of the owners of privately owned 
properties within the district in the case of a historic district, object to inclu-
sion or designation, the property shall not be included on the National Reg-
ister or designated as a National Historic Landmark until the objection is 
withdrawn. 
(c) REVIEW BY SECRETARY.—The Secretary shall review the nomination of 
the property when an objection has been made and shall determine whether 
or not the property is eligible for inclusion or designation. If the Secretary 
determines that the property is eligible for inclusion or designation, the Sec-
retary shall inform the Advisory Council on Historic Preservation, the appro-
priate State Historic Preservation Officer, the appropriate chief elected local 
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