110 
(2) local commitments to innovative and cost-effective programs and 
projects at the neighborhood level to augment recovery of park and 
recreation systems, including— 
(A) recycling of abandoned schools and other public buildings 
for recreational purposes; 
(B) multiple use of operating educational and other public 
buildings, purchase of recreation services on a contractual basis; 
(C) use of mobile facilities and recreational, cultural, and edu-
cational programs or other innovative approaches to improving ac-
cess for neighborhood residents; 
(D) integration of recovery program with federally assisted 
projects to maximize recreational opportunities through conversion 
of abandoned railroad and highway rights of way, waterfront, and 
other redevelopment efforts and such other federally assisted 
projects as may be appropriate; 
(E) conversion of recreation use of street space, derelict land, 
and other public land not now designated for neighborhood rec-
reational use; and 
(F) use of various forms of compensated and uncompensated 
land regulation, tax inducements, or other means to encourage the 
private sector to provide neighborhood park and recreation facili-
ties and programs. 
(d) PUBLICATION IN FEDERAL REGISTER.—The Secretary shall establish 
and publish in the Federal Register requirements for preparation, submis-
sion, and updating of local park and recreation recovery action programs. 
(e) ELIGIBILITY FOR AT-RISK YOUTH RECREATION GRANTS.—To be eli-
gible to receive at-risk youth recreation grants a local government shall 
amend its 5-year action program to incorporate the goal of reducing crime 
and juvenile delinquency and to provide a description of the implementation 
strategies to achieve this goal. The plan shall also address how the local 
government is coordinating its recreation programs with crime prevention 
efforts of law enforcement, juvenile corrections, and youth social service 
agencies. 
(f) MATCHING RECOVERY ACTION PROGRAM GRANTS.—The Secretary 
may provide up to 50 percent matching recovery action program grants to 
eligible local governments for program development and planning specifically 
to meet the objectives of this chapter. 
§ 200505. State action 
(a) ADDITIONAL MATCH.—The Secretary may increase rehabilitation 
grants or innovation grants authorized in section 200503 of this title by 
providing an additional match equal to the total match provided by a State 
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of up to 15 percent of total project costs. The Federal matching amount 
shall not exceed 85 percent of total project cost. 
(b) ADEQUATE IMPLEMENTATION OF LOCAL RECOVERY PLANS.—The 
Secretary shall encourage States to assist the Secretary in ensuring— 
(1) that local recovery plans and programs are adequately imple-
mented by cooperating with the Secretary in monitoring local park and 
recreation recovery plans and programs; and 
(2) consistency of the plans and programs, where appropriate, with 
State recreation policies as set forth in statewide comprehensive out-
door recreation plans. 
§ 200506. Non-Federal share of project costs 
(a) SOURCES.— 
(1) ALLOWABLE SOURCES.—The non-Federal share of project costs 
assisted under this chapter may be derived from general or special pur-
pose State or local revenues, State categorical grants, special appro-
priations by State legislatures, donations of land, buildings, or building 
materials, and in-kind construction, technical, and planning services. 
Reasonable local costs of recovery action program development to meet 
the requirements of section 200504(a) of this title may be used as part 
of the local match only when the local government has not received a 
recovery action program grant. 
(2) NON-ALLOWABLE SOURCES.—No amount from the Land and 
Water Conservation Fund or from any other Federal grant program 
other than the community development block grant programs shall be 
used to match Federal grants under this program. 
(b) ENCOURAGEMENT OF STATES AND PRIVATE INTERESTS.—The Sec-
retary shall encourage States and private interests to contribute, to the 
maximum extent possible, to the non-Federal share of project costs. 
§ 200507. Conversion of recreation property 
No property improved or developed with assistance under this chapter 
shall, without the approval of the Secretary, be converted to other than pub-
lic recreation uses. The Secretary shall approve such a conversion only if 
the Secretary finds it to be in accord with the then-current local park and 
recreation recovery action program and only on such conditions as the Sec-
retary considers necessary to ensure the provision of adequate recreation 
properties and opportunities of reasonably equivalent location and useful-
ness. 
§ 200508. Coordination of program 
The Secretary shall— 
(1) coordinate the urban park and recreation recovery program with 
the total urban recovery effort and cooperate to the fullest extent pos-
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sible with other Federal agencies and with State agencies that admin-
ister programs and policies affecting urban areas, including programs 
in housing, urban development, natural resources management, employ-
ment, transportation, community services, and voluntary action; 
(2) encourage maximum coordination of the program between State 
agencies and local applicants; and 
(3) require that local applicants include provisions for participation 
of community and neighborhood residents and for public-private coordi-
nation in recovery planning and project selection. 
§ 200509. Recordkeeping 
(a) IN GENERAL.—A recipient of assistance under this chapter shall keep 
such records as the Secretary shall prescribe, including— 
(1) records that disclose— 
(A) the amount and disposition of project undertakings in con-
nection with which assistance under this chapter is given or used; 
and 
(B) the amount and nature of the portion of the cost of the 
project or undertaking that is supplied by other sources; and 
(2) such other records as will facilitate an effective audit. 
(b) ACCESS.—The Secretary and the Comptroller General shall have ac-
cess for the purpose of audit and examination to any records of the recipient 
that are pertinent to assistance received under this chapter. 
§ 200510. Inapplicability of matching provisions 
Amounts authorized for Guam, American Samoa, the Virgin Islands, and 
the Northern Mariana Islands are not subject to the matching provisions 
of this chapter, and may be subject only to such conditions, reports, plans, 
and agreements, if any, as the Secretary may determine. 
§ 200511. Funding limitations 
(a) LIMITATION OF FUNDS.—The amount of grants made under this 
chapter for projects in any one State for any fiscal year shall not be more 
than 15 percent of the amount made available for grants to all of the States 
for that fiscal year. 
(b) RECOVERY ACTION PROGRAM GRANTS.—Not more than 3 percent of 
the amount made available for grants under this chapter for a fiscal year 
shall be used for recovery action program grants. 
(c) INNOVATION GRANTS.—Not more than 10 percent of the amount 
made available for grants under this chapter for a fiscal year shall be used 
for innovation grants. 
(d) PROGRAM SUPPORT.—Not more than 25 percent of the amount made 
available under this chapter to any local government shall be used for pro-
gram support. 
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(e) NO LAND ACQUISITION.—No funds made available under this chapter 
shall be used for the acquisition of land or an interest in land. 
Subtitle III—National Preservation 
Programs 
Division A—Historic Preservation 
Subdivision 1—General Provisions 
Chapter 3001—Policy 
Sec. 
300101.
Policy. 
§ 300101. Policy 
It is the policy of the Federal Government, in cooperation with other na-
tions and in partnership with States, local governments, Indian tribes, Na-
tive Hawaiian organizations, and private organizations and individuals, to— 
(1) use measures, including financial and technical assistance, to fos-
ter conditions under which our modern society and our historic prop-
erty can exist in productive harmony and fulfill the social, economic, 
and other requirements of present and future generations; 
(2) provide leadership in the preservation of the historic property of 
the United States and of the international community of nations and 
in the administration of the national preservation program; 
(3) administer federally owned, administered, or controlled historic 
property in a spirit of stewardship for the inspiration and benefit of 
present and future generations; 
(4) contribute to the preservation of nonfederally owned historic 
property and give maximum encouragement to organizations and indi-
viduals undertaking preservation by private means; 
(5) encourage the public and private preservation and utilization of 
all usable elements of the Nation’s historic built environment; and 
(6) assist State and local governments, Indian tribes and Native Ha-
waiian organizations, and the National Trust to expand and accelerate 
their historic preservation programs and activities. 
Chapter 3003—Definitions 
Sec. 
300301.
Agency. 
300302.
Certified local government. 
300303.
Council. 
300304.
Cultural park. 
300305.
Historic conservation district. 
300306.
Historic Preservation Fund. 
300307.
Historic preservation review commission. 
300308.
Historic property. 
300309.
Indian tribe. 
300310.
Local government. 
300311.
National Register. 
300312.
National Trust. 
300313.
Native Hawaiian. 
300314.
Native Hawaiian organization. 
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300315.
Preservation or historic preservation. 
300316.
Secretary. 
300317.
State. 
300318.
State historic preservation review board. 
300319.
Tribal land. 
300320.
Undertaking. 
300321.
World Heritage Convention. 
§ 300301. Agency 
In this division, the term ‘‘agency’’ has the meaning given the term in 
section 551 of title 5. 
§ 300302. Certified local government 
In this division, the term ‘‘certified local government’’ means a local gov-
ernment whose local historic preservation program is certified pursuant to 
chapter 3025 of this title. 
§ 300303. Council 
In this division, the term ‘‘Council’’ means the Advisory Council on His-
toric Preservation established by section 304101 of this title. 
§ 300304. Cultural park 
In this division, the term ‘‘cultural park’’ means a definable area that— 
(A) is distinguished by historic property, prehistoric property, and 
land related to that property; and 
(B) constitutes an interpretive, educational, and recreational re-
source for the public at large. 
§ 300305. Historic conservation district 
In this division, the term ‘‘historic conservation district’’ means an area 
that contains— 
(1) historic property; 
(2) buildings having similar or related architectural characteristics; 
(3) cultural cohesiveness; or 
(4) any combination of features described in paragraphs (1) to (3). 
§ 300306. Historic Preservation Fund 
In this division, the term ‘‘Historic Preservation Fund’’ means the His-
toric Preservation Fund established under section 303101 of this title. 
§ 300307. Historic preservation review commission 
In this division, the term ‘‘historic preservation review commission’’ 
means a board, council, commission, or other similar collegial body— 
(1) that is established by State or local legislation as provided in sec-
tion 302503(a)(2) of this title; and 
(2) the members of which are appointed by the chief elected official 
of a jurisdiction (unless State or local law provides for appointment by 
another official) from among— 
(A) professionals in the disciplines of architecture, history, ar-
chitectural history, planning, prehistoric and historic archeology, 
folklore, cultural anthropology, curation, conservation, and land-
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115 
scape architecture, or related disciplines, to the extent that those 
professionals are available in the community; and 
(B) other individuals who have demonstrated special interest, 
experience, or knowledge in history, architecture, or related dis-
ciplines and will provide for an adequate and qualified commission. 
§ 300308. Historic property 
In this division, the term ‘‘historic property’’ means any prehistoric or 
historic district, site, building, structure, or object included on, or eligible 
for inclusion on, the National Register, including artifacts, records, and ma-
terial remains relating to the district, site, building, structure, or object. 
§ 300309. Indian tribe 
In this division, the term ‘‘Indian tribe’’ means an Indian tribe, band, na-
tion, or other organized group or community, including a Native village, Re-
gional Corporation or Village Corporation (as those terms are defined in 
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), 
that is recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians. 
§ 300310. Local government 
In this division, the term ‘‘local government’’ means a city, county, town-
ship, municipality, or borough, or any other general purpose political sub-
division of any State. 
§ 300311. National Register 
In this division, the term ‘‘National Register’’ means the National Reg-
ister of Historic Places maintained under chapter 3021 of this title. 
§ 300312. National Trust 
In this division, the term ‘‘National Trust’’ means the National Trust for 
Historic Preservation in the United States established under section 312102 
of this title. 
§ 300313. Native Hawaiian 
In this division, the term ‘‘Native Hawaiian’’ means any individual who 
is a descendant of the aboriginal people who, prior to 1778, occupied and 
exercised sovereignty in the area that now constitutes Hawaii. 
§ 300314. Native Hawaiian organization 
(a) IN GENERAL.—In this division, the term ‘‘Native Hawaiian organiza-
tion’’ means any organization that— 
(1) serves and represents the interests of Native Hawaiians; 
(2) has as a primary and stated purpose the provision of services to 
Native Hawaiians; and 
(3) has demonstrated expertise in aspects of historic preservation 
that are culturally significant to Native Hawaiians. 
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(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 estab-
lished as provided in section 302301(2) of this title— 
(1) the members of which are appointed by the State Historic Pres-
ervation 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, ar-
chitecture, folklore, cultural anthropology, curation, conservation, land-
scape 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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117 
(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 Con-
vention concerning the Protection of the World Cultural and Natural Herit-
age, 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 His-
toric Landmarks established pursuant to section 302103 of this title shall 
be designated as a National Historic Landmark and included on the Na-
tional Register, 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 
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LANDMARKS.—All historic property listed in the Federal Register of Feb-
ruary 6, 1979, or prior to December 12, 1980, as National Historic Land-
marks are declared by Congress to be National Historic Landmarks of na-
tional 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 National Historic Landmark district for which no boundaries 
had been established as of December 12, 1980, boundaries shall first be 
published in the Federal 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 
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 property 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. 
§ 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 chapter 3023 shall nominate to the Secretary property that meets the 
criteria promulgated under section 302103 of this title for inclusion on the 
National Register. 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 re-
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