124 
(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— 
(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. 
202101.
Definitions. 
§ 202101. 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. 
202301.
Maintenance by Secretary. 
202302.
Inclusion of properties on National Register. 
202303.
Criteria and regulations. 
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202304.
Nominations for inclusion on National Register. 
202305.
Objection to inclusion on National Register or designation as National Historic 
Landmark. 
202306.
Regulations. 
202307.
Review of threats to historic properties. 
§ 202301. 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. 
§ 202302. Inclusion of properties on National Register 
(a) IN GENERAL.—A property that meets the criteria for National His-
toric Landmarks established pursuant to section 202303 of this title shall 
be designated as a National Historic Landmark and included on the Na-
tional Register, subject to the requirements of section 202306 of this title. 
(b) HISTORIC PROPERTIES ON NATIONAL REGISTER ON DECEMBER 12, 
1980.—All historic properties included on the National Register on Decem-
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. 
§ 202303. 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); 
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126 
(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. 
§ 202304. Nominations for inclusion on National Register 
(a) NOMINATION
BY STATE.—Subject to the requirements of section 
202306 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 202303 of this title for 
inclusion on the National Register. Subject to section 202306 of this title, 
any property nominated under this subsection or under section 205102 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 202306 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 202303 
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. 
§ 202305. Objection to inclusion on National Register or des-
ignation 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 
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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 
Secretary determines that the property is eligible for inclusion or designa-
tion, the Secretary shall inform the Advisory Council on Historic Preserva-
tion, the appropriate State Historic Preservation Officer, the appropriate 
chief elected local official, and the owner or owners of the property of the 
Secretary’s determination. 
(d) RETENTION OF NAME.—Notwithstanding section 43(c) of the Act of 
July 5, 1946 (known as the Trademark Act of 1946) (15 U.S.C. 1125(c)), 
buildings and structures on or eligible for inclusion on the National Register 
(either individually or as part of a historic district), or designated as an in-
dividual landmark or as a contributing building in a historic district by a 
unit of State or local government, may retain the name historically associ-
ated with the building or structure. 
§ 202306. Regulations 
The Secretary shall promulgate regulations— 
(1) ensuring that significant prehistoric and historic artifacts, and 
associated records, subject to subchapter I of chapter 2051 of this title, 
chapter 2081 of this title, and the Archaeological Resources Protection 
Act of 1979 (16 U.S.C. 470aa et seq.) are deposited in an institution 
with adequate long-term curatorial capabilities; 
(2) establishing a uniform process and standards for documenting 
historic properties by public agencies and private parties for purposes 
of incorporation into, or complementing, the national historical archi-
tectural and engineering records in the Library of Congress; and 
(3) certifying local governments, in accordance with sections 202701 
and 202702 of this title and for the allocation of funds pursuant to 
section 205503(d) of this title. 
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§ 202307. Review of threats to historic properties 
At least once every 4 years, the Secretary, in consultation with the Coun-
cil and with State Historic Preservation Officers, shall review significant 
threats to historic properties to— 
(1) determine the kinds of historic properties that may be threat-
ened; 
(2) ascertain the causes of the threats; and 
(3) develop and submit to the President and Congress recommenda-
tions for appropriate action. 
CHAPTER 2025—STATE HISTORIC PRESERVATION 
PROGRAMS 
Sec. 
202501.
Regulations. 
202502.
Program evaluation. 
202503.
State Historic Preservation Officer. 
202504.
Contracts and cooperative agreements. 
§ 202501. Regulations 
The Secretary, in consultation with the National Conference of State His-
toric Preservation Officers and the National Trust for Historic Preserva-
tion, shall promulgate or revise regulations for State Historic Preservation 
Programs. The regulations shall provide that a State program submitted to 
the Secretary under this chapter shall be approved by the Secretary if the 
Secretary determines that the program provides for— 
(1) the designation and appointment by the chief executive officer of 
the State of a State Historic Preservation Officer to administer the 
program in accordance with section 202503 of this title and for the em-
ployment or appointment by the officer of professionally qualified staff 
that may be necessary for those purposes; 
(2) an adequate and qualified State historic preservation review 
board designated by the State Historic Preservation Officer unless oth-
erwise provided for by State law; and 
(3) adequate public participation in the State Historic Preservation 
Program, including the process of recommending properties for nomi-
nation to the National Register. 
§ 202502. Program evaluation 
(a) WHEN EVALUATION SHOULD OCCCUR.—Periodically, but not less 
than every 4 years after the approval of any State program under this sec-
tion, the Secretary, in consultation with the Council on the appropriate pro-
visions of this division, and in cooperation with the State Historic Preserva-
tion Officer, shall evaluate the program to determine whether it is consistent 
with this division. 
(b) DISAPPROVAL OF PROGRAM.—If, at any time, the Secretary deter-
mines that a major aspect of a State program is not consistent with this 
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division, the Secretary shall disapprove the program and suspend in whole 
or in part any contracts or cooperative agreements with the State and the 
State Historic Preservation Officer under this division, until the program 
is consistent with this division, unless the Secretary determines that the 
program will be made consistent with this division within a reasonable pe-
riod of time. 
(c) OVERSIGHT.—The Secretary, in consultation with State Historic Pres-
ervation Officers, shall establish oversight methods to ensure State program 
consistency and quality without imposing undue review burdens on State 
Historic Preservation Officers. 
(d) STATE FISCAL AUDIT AND MANAGEMENT SYSTEM.— 
(1) SUBSTITUTION FOR COMPARABLE FEDERAL SYSTEMS.—At the 
discretion of the Secretary, a State system of fiscal audit and manage-
ment may be substituted for comparable Federal systems so long as the 
State system— 
(A) establishes and maintains substantially similar account-
ability standards; and 
(B) provides for independent professional peer review. 
(2) FISCAL AUDITS AND REVIEW BY SECRETARY.—The Secretary— 
(A) may conduct periodic fiscal audits of State programs ap-
proved under this subdivision as needed; and 
(B) shall ensure that the programs meet applicable account-
ability standards. 
§ 202503. State Historic Preservation Officer 
(a) IN GENERAL.—It shall be the responsibility of a State Historic Pres-
ervation Officer to administer a State Historic Preservation Program. 
(b) PARTICULAR RESPONSIBILITIES.—It shall be the responsibility of a 
State Historic Preservation Officer to— 
(1) in cooperation with Federal and State agencies, local govern-
ments, and private organizations and individuals, direct and conduct a 
comprehensive statewide survey of historic properties and maintain in-
ventories of the properties; 
(2) identify and nominate eligible properties to the National Register 
and otherwise administer applications for listing historic properties on 
the National Register; 
(3) prepare and implement a comprehensive statewide historic pres-
ervation plan; 
(4) administer the State program of Federal assistance for historic 
preservation within the State; 
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(5) advise and assist, as appropriate, Federal and State agencies and 
local governments in carrying out their historic preservation respon-
sibilities; 
(6) cooperate with the Secretary, the Council, other Federal and 
State agencies, local governments, and organizations and individuals to 
ensure that historic properties are taken into consideration at all levels 
of planning and development; 
(7) provide public information, education, and training and technical 
assistance in historic preservation; 
(8) cooperate with local governments in the development of local his-
toric preservation programs and assist local governments in becoming 
certified pursuant to chapter 2027 of this title; 
(9) consult with appropriate Federal agencies in accordance with this 
division on— 
(A) Federal undertakings that may affect historic properties; 
and 
(B) the content and sufficiency of any plans developed to pro-
tect, manage, or reduce or mitigate harm to those properties; and 
(10) advise and assist in the evaluation of proposals for rehabilita-
tion projects that may qualify for Federal assistance. 
§ 202504. Contracts and cooperative agreements 
(a) STATE.—Any State may carry out all or any part of its responsibil-
ities under this chapter by contract or cooperative agreement with any 
qualified nonprofit organization or educational institution. 
(b) SECRETARY.— 
(1) IN GENERAL.— 
(A) AUTHORITY TO ASSIST SECRETARY.—Subject to paragraphs 
(3) and (4), the Secretary may enter into contracts or cooperative 
agreements with a State Historic Preservation Officer for any 
State authorizing the Officer to assist the Secretary in carrying 
out one or more of the following responsibilities within that State: 
(i) Identification and preservation of historic properties. 
(ii) Determination of the eligibility of properties for listing 
on the National Register. 
(iii) Preparation of nominations for inclusion on the Na-
tional Register. 
(iv) Maintenance of historical and archaeological data 
bases. 
(v) Evaluation of eligibility for Federal preservation incen-
tives. 
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(B) AUTHORITY TO MAINTAIN NATIONAL REGISTER.—Nothing 
in subparagraph (A) shall be construed to provide that any State 
Historic Preservation Officer or any other person other than the 
Secretary shall have the authority to maintain the National Reg-
ister for properties in any State. 
(2) REQUIREMENTS.—The Secretary may enter into a contract or 
cooperative agreement under paragraph (1) only if— 
(A) the State Historic Preservation Officer has requested the 
additional responsibility; 
(B) the Secretary has approved the State historic preservation 
program pursuant to sections 204501 and 204502 of this title; 
(C) the State Historic Preservation Officer agrees to carry out 
the additional responsibility in a timely and efficient manner ac-
ceptable to the Secretary and the Secretary determines that the 
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. 
202701.
Certification as part of State program. 
202702.
Reguirements for certification. 
202703.
Consideration of property for inclusion on National Register. 
202704.
Eligibility and responsibility of certified local government. 
§ 202701. 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 
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transfer, in accordance with section 205503(d) of this title, of a portion of 
the grants received by the States under this division, to those local govern-
ments. 
§ 202702. 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; 
(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. 
§ 202703. 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, 
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