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(A) identification, evaluation, recordation, documentation, 
curation, acquisition, protection, management, rehabilitation, res-
toration, stabilization, maintenance, research, interpretation, and 
conservation; 
(B) education and training regarding the foregoing activities; or 
(C) any combination of the foregoing activities. 
(15) PROPERTY.— 
(A) IN GENERAL.—The term ‘‘property’’ means a district, site, 
building, structure, or object. 
(B) INCLUSIONS.—The term ‘‘property’’ includes artifacts, 
records, and material remains that are related to a district, site, 
building, structure, or object. 
(16) STATE.—The term ‘‘State’’ means a State, the District of Co-
lumbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, the 
Northern Mariana Islands, the Marshall Islands, the Federated States 
of Micronesia, and Palau. 
(17) STATE HISTORIC PRESERVATION REVIEW BOARD.—The term 
‘‘State historic preservation review board’’ means a board, council, 
commission, or other similar collegial body established as provided in 
section 2025.01(2) of this title— 
(A) the members of which are appointed by the State Historic 
Preservation Officer (unless otherwise provided for by State law); 
(B) a majority of the members of which are professionals quali-
fied in history, prehistoric and historic archaeology, architectural 
history, architecture, folklore, cultural anthropology, curation, con-
servation, landscape architecture, and related disciplines; and 
(C) that has the authority to— 
(i) review National Register nominations and appeals from 
nominations; 
(ii) review appropriate documentation submitted in con-
junction with the Historic Preservation Fund; 
(iii) provide general advice and guidance to the State His-
toric Preservation Officer; and 
(iv) perform such other duties as may be appropriate. 
(18) TRIBAL LAND.—The term ‘‘tribal land’’ means— 
(A) all land within the exterior boundaries of any Indian res-
ervation; and 
(B) all dependent Indian communities. 
(19) UNDERTAKING.—The term ‘‘undertaking’’ means a project, ac-
tivity, or program funded in whole or in part under the direct or indi-
rect jurisdiction of a Federal agency, including— 
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(A) those carried out by or on behalf of the Federal agency; 
(B) those carried out with Federal financial assistance; 
(C) those requiring a Federal permit license, or approval; and 
(D) those subject to State or local regulation administered pur-
suant to a delegation or approval by a Federal agency. 
(20) WORLD HERITAGE CONVENTION.—The term ‘‘World Heritage 
Convention’’ means the Convention 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 2021—DEFINITIONS 
Sec. 
2021.01.
Definitions. 
§ 2021.01. Definitions 
In this subdivision: 
(1) DESIGNATION.—The term ‘‘designation’’ means the identification 
and registration of properties for protection that meet criteria estab-
lished by a State or locality for significant historic properties within the 
jurisdiction of a local government. 
(2) PROTECTION.—The term ‘‘protection’’ means protection by 
means of a local review process under State or local law for proposed 
demolition of, changes to, or other action that may affect historic prop-
erties designated pursuant to chapter 2027 of this title. 
CHAPTER 2023—NATIONAL REGISTER OF HISTORIC 
PLACES 
Sec. 
2023.01.
Maintenance by Secretary. 
2023.02.
Inclusion of properties on National Register. 
2023.03.
Criteria and regulations. 
2023.04.
Nominations for inclusion on National Register. 
2023.05.
Objection to inclusion on National Register or designation as National Historic 
Landmark. 
2023.06.
Regulations. 
2023.07.
Review of threats to historic properties. 
§ 2023.01. Maintenance by Secretary 
The Secretary may expand and maintain a National Register of Historic 
Places composed of properties significant in American history, architecture, 
archaeology, engineering, and culture. 
§ 2023.02. Inclusion of properties on National Register 
(a) IN GENERAL.—A property that meets the criteria for National His-
toric Landmarks established pursuant to section 2023.03 of this title shall 
be designated as a National Historic Landmark and included on the Na-
tional Register, subject to the requirements of section 2023.06 of this title. 
(b) HISTORIC PROPERTIES ON NATIONAL REGISTER ON DECEMBER 12, 
1980.—All historic properties included on the National Register on Decem-
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ber 12, 1980, shall be deemed to be included on the National Register as 
of their initial listing for purposes of this division. 
(c) HISTORIC PROPERTIES LISTED
IN FEDERAL REGISTER
OF FEB-
RUARY 6, 1979, OR PRIOR TO DECEMBER 12, 1980, AS NATIONAL HIS-
TORIC LANDMARKS.—All historic properties 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 Reg-
ister for purposes of this division and chapter 2001 of this title. 
(d) BOUNDARIES.—In the case of a National Historic Landmark district 
for which no boundaries had been established as of December 12, 1980, 
boundaries must first be published in the Federal Register. 
§ 2023.03. Criteria and regulations 
The Secretary, in consultation with national historical and archaeological 
associations, shall— 
(1) establish criteria for properties to be included on the National 
Register 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 
certified 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 nomi-
nating authority to nominate or designate); 
(D) nominating historic properties for inclusion in the World 
Heritage 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 con-
sidered for inclusion on the National Register, for designation as 
a National Historic Landmark, or for nomination to the World 
Heritage List. 
§ 2023.04. Nominations for inclusion on National Register 
(a) NOMINATION
BY STATE.—Subject to the requirements of section 
2023.06 of this title, any State that is carrying out a program approved 
under chapter 2025 of this title shall nominate to the Secretary properties 
that meet the criteria promulgated under section 2023.03 of this title for 
inclusion on the National Register. Subject to section 2023.06 of this title, 
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any property nominated under this subsection or under section 2051.02 of 
this title shall be included on the National Register on the date that is 45 
days after receipt by the Secretary of the nomination and the necessary doc-
umentation, unless the Secretary disapproves 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 
requirements of section 2023.06 of this title, the Secretary may accept a 
nomination 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 2025 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 eligi-
ble in accordance with the regulations promulgated under section 2023.03 
of this title. The determination shall be made within 90 days from the date 
of the nomination unless 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 or refusal of a nominating authority to nominate a 
property in accordance with this chapter. 
§ 2023.05. Objection to inclusion on National Register or 
designation as National Historic Landmark 
(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 prop-
erty 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 REG-
ISTER 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 inclusion or designation, the property shall not be included on the Na-
tional Register or designated as a National Historic Landmark until the ob-
jection 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 
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