122 
(3) ESTABLISH CONDITIONS AND CRITERIA.—For each significant pro-
gram area under the Secretary’s authority, the Secretary shall establish 
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 preserva-
tion programs and activities of the Service. 
Chapter 3025—Certification of Local 
Governments 
Sec. 
302501.
Definitions. 
302502.
Certification as part of State program. 
302503.
Reguirements for certification. 
302504.
Participation of certified local governments in National Register nominations. 
302505.
Eligibility and responsibility of certified local government. 
§ 302501. Definitions 
In this chapter: 
(1) DESIGNATION.—The term ‘‘designation’’ means the identification 
and registration of property for protection that meets criteria established 
by a State or locality for significant historic property within the juris-
diction 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 property des-
ignated pursuant to this chapter. 
§ 302502. Certification as part of State program 
Any State program approved under this subdivision shall provide a mecha-
nism for the certification by the State Historic Preservation Officer of local 
governments to carry out the purposes of this division and provide for the 
transfer, in accordance with section 302902(c)(4) of this title, of a portion 
of the grants received by the States under this division, to those local govern-
ments. 
§ 302503. 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 property; 
(2) has established an adequate and qualified historic preservation re-
view commission by State or local legislation; 
(3) maintains a system for the survey and inventory of historic prop-
erty that furthers the purposes of chapter 3023; 
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123 
(4) provides for adequate public participation in the local historic 
preservation program, including the process of recommending properties 
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 State program ap-
proved under sections 302301 and 302302 of this title, a local government 
may be certified by the Secretary if the Secretary determines that the local 
government meets the requirements of subsection (a). The Secretary may make 
grants to the local government certified under this subsection for purposes of 
this subdivision. 
§ 302504. Participation of certified local governments in Na-
tional Register nominations 
(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 Officer 
shall notify the owner, the applicable chief local elected official, and the local 
historic preservation commission. 
(b) REPORT.—The local historic preservation commission, after reasonable 
opportunity for public comment, shall prepare a report as to whether the 
property, in the Commission’s opinion, meets the criteria of the National Reg-
ister. Within 60 days of notice from the State Historic Preservation Officer, 
the chief local elected official shall transmit the report of the commission and 
the recommendation of the local official to the State Historic Preservation Of-
ficer. 
(c) RECOMMENDATION.— 
(1) PROPERTY NOMINATED TO NATIONAL REGISTER.—Except as pro-
vided in paragraph (2), after receipt of the report and recommendation, 
or if no report and recommendation are received within 60 days, the 
State shall make the nomination pursuant to section 302104 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 Preserva-
tion Officer shall take no further action, unless, within 30 days of the 
receipt of the recommendation by the State Historic Preservation 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 
302104 of this title. Any report and recommendations made under this 
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section shall be included with any nomination submitted by the State 
to the Secretary. 
§ 302505. Eligibility and responsibility of certified local gov-
ernment 
Any local government— 
(1) that is certified under this chapter shall be eligible for funds under 
section 302902(c)(4) of this title; and 
(2) that is certified, or making efforts to become certified, under this 
chapter shall carry out any responsibilities delegated to it in accordance 
with such terms and conditions as the Secretary considers necessary or 
advisable. 
Chapter 3027—Historic Preservation Pro-
grams and Authorities for Indian Tribes 
and Native Hawaiian Organizations 
Sec. 
302701.
Program to assist Indian tribes in preserving historic property. 
302702.
Indian tribe to assume functions of State Historic Preservation Officer. 
302703.
Apportionment of grant funds. 
302704.
Contracts and cooperative agreements. 
302705.
Agreement for review under tribal historic preservation regulations. 
302706.
Eligibility for inclusion on National Register. 
§ 302701. Program to assist Indian tribes in preserving his-
toric property 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a pro-
gram and promulgate regulations to assist Indian tribes in preserving their 
historic property. 
(b) COMMUNICATION AND COOPERATION.—The Secretary shall foster com-
munication and cooperation between Indian tribes and State Historic Preser-
vation Officers in the administration of the national historic preservation 
program to— 
(1) ensure that all types of historic property and all public interests 
in historic property are given due consideration; and 
(2) encourage coordination among Indian tribes, State Historic Pres-
ervation Officers, and Federal agencies in historic preservation planning 
and in the identification, evaluation, protection, and interpretation of 
historic property. 
(c) TRIBAL VALUES.—The program under subsection (a) shall be developed 
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 ob-
jectives. 
(d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs implemented by 
specific tribal organizations may vary in scope, as determined by each Indian 
tribe’s chief governing authority. 
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125 
(e) CONSULTATION.—The Secretary shall consult with Indian tribes, other 
Federal agencies, State Historic Preservations Officers, and other interested 
parties concerning the program under subsection (a). 
§ 302702. 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 302302 and 302303 
of this title, with respect to tribal land, as those responsibilities may be modi-
fied 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 Pres-
ervation Officer with respect to review of undertakings under section 
306108 of this title), and other Indian tribes, if any, whose tribal or ab-
original land may be affected by conduct of the tribal preservation pro-
gram, 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 addition 
to the tribal preservation official, may exercise the historic preserva-
tion responsibilities in accordance with sections 302302 and 302303 
of this title; and 
(5) based on satisfaction of the conditions stated in paragraphs (1), 
(2), (3), and (4), the Secretary approves the plan. 
§ 302703. Apportionment of grant funds 
In consultation with interested Indian tribes, other Native American orga-
nizations, and affected State Historic Preservation Officers, the Secretary 
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