133 
the State shall make the nomination pursuant to section 204304 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 202304 of this title. Any report and recommendations made 
under this section shall be included with any nomination submitted by 
the State to the Secretary. 
§ 202704. 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 205503(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. 
202901.
Program to assist Indian tribes in preserving historic properties. 
202902.
Indian tribe to assume functions of State Historic Preservation Officer. 
202903.
Apportionment of grant funds. 
202904.
Contracts and cooperative agreements. 
202905.
Agreement for review under tribal historic preservation regulations. 
202906.
Eligibility for inclusion on National Register. 
§ 202901. 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-
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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. 
§ 202902. 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 202502 and 
202503 of this title, with respect to tribal land, as those responsibilities may 
be modified for tribal programs through regulations issued by the Secretary, 
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 205302 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-
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dition to the tribal preservation official, may exercise the historic 
preservation responsibilities in accordance with sections 202502 
and 202503 of this title; and 
(5) based on satisfaction of the conditions stated in paragraphs (1), 
(2), (3), and (4), the Secretary approves the plan. 
§ 202903. 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 
205503(a)(1) of this title with respect to tribal programs that assume re-
sponsibilities under section 202902 of this title. 
§ 202904. Contracts and cooperative agreements 
At the request of an Indian tribe whose preservation program has been 
approved to assume functions and responsibilities pursuant to section 
202902 of this title, the Secretary shall enter into a contract or cooperative 
agreement with the Indian tribe permitting the assumption by the Indian 
tribe of any part of the responsibilities described in section 202504(b) of 
this title on tribal land, if— 
(1) the Secretary and the Indian tribe agree on additional financial 
assistance, if any, to the Indian tribe for the costs of carrying out those 
authorities; 
(2) the Secretary finds that the tribal historic preservation program 
has been demonstrated to be sufficient to carry out the contract or co-
operative agreement and this division; and 
(3) the contract or cooperative agreement specifies the continuing re-
sponsibilities of the Secretary or of the appropriate State Historic Pres-
ervation Officers and provides for appropriate participation by— 
(A) the Indian tribe’s traditional cultural authorities; 
(B) representatives of other Indian tribes whose traditional land 
is under the jurisdiction of the Indian tribe assuming responsibil-
ities; and 
(C) the public. 
§ 202905. Agreement for review under tribal historic preser-
vation regulations 
The Council may enter into an agreement with an Indian tribe to permit 
undertakings on tribal land to be reviewed under tribal historic preservation 
regulations in place of review under regulations promulgated by the Council 
to govern compliance with section 205302 of this title, if the Council, after 
consultation with the Indian tribe and appropriate State Historic Preserva-
tion Officers, determines that the tribal preservation regulations will afford 
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historic properties consideration equivalent to those afforded by the Coun-
cil’s regulations. 
§ 202906. Eligibility for inclusion on National Register 
(a) IN GENERAL.—Properties of traditional religious and cultural impor-
tance to an Indian tribe or Native Hawaiian organization may be deter-
mined to be eligible for inclusion on the National Register. 
(b) CONSULTATION.—In carrying out its responsibilities under section 
205302 of this title, a Federal agency shall consult with any Indian tribe 
or Native Hawaiian organization that attaches religious and cultural signifi-
cance to properties described in subsection (a). 
(c) HAWAII.—In carrying out responsibilities under section 202503 of 
this title, the State Historic Preservation Officer for Hawaii shall— 
(1) consult with Native Hawaiian organizations in assessing the cul-
tural significance of any property in determining whether to nominate 
the property to the National Register; 
(2) consult with Native Hawaiian organizations in developing the 
cultural component of a preservation program or plan for the property; 
and 
(3) enter into a memorandum of understanding or agreement with 
Native Hawaiian organizations for the assessment of the cultural sig-
nificance of a property in determining whether to nominate the prop-
erty to the National Register and to carry out the cultural component 
of the preservation program or plan. 
CHAPTER 2031—GRANTS 
Sec. 
203101.
Matching grants. 
203102.
Grants to National Trust. 
203103.
Direct grants for the preservation of properties included on National Register. 
203104.
Religious properties. 
203105.
Grants and loans to Indian tribes and nonprofit organizations representing ethnic 
or minority groups. 
203106.
Grants to Indian tribes and Native Hawaiian organizations. 
203107.
Prohibited use of funds. 
203108.
Training in, and dissemination of information concerning, professional methods and 
techniques for preservation of historic properties. 
203109.
Preservation education and training program. 
§ 203101. Matching grants 
(a) IN GENERAL.—The Secretary shall administer a program of matching 
grants to the States for the purposes of carrying out this division. 
(b) FEDERATED STATES OF MICRONESIA, THE MARSHALL ISLANDS, AND 
PALAU.— 
(1) IN GENERAL.—As part of the program of matching grant assist-
ance from the Historic Preservation Fund to States, the Secretary shall 
administer a program of direct grants to the Federated States of Mi-
cronesia, the Marshall Islands, and Palau in furtherance of the Com-
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