125 
(3) maintains a system for the survey and inventory of historic prop-
erty that furthers the purposes of chapter 3023; 
(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 State program 
approved under sections 302301 and 302302 of this title, a local govern-
ment 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 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, 
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 
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 
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126 
section 302104 of this title. Any report and recommendations made 
under this 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 
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 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 plan-
ning and in the identification, evaluation, protection, and interpretation 
of historic property. 
(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. 
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127 
(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. 
(e) CONSULTATION.—The Secretary shall consult with Indian tribes, 
other Federal agencies, State Historic Preservations Officers, and other in-
terested 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 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 306108 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-
dition to the tribal preservation official, may exercise the historic 
preservation responsibilities in accordance with sections 302302 
and 302303 of this title; and 
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128 
(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 
shall establish and implement procedures for carrying out section 
302902(c)(1)(A) of this title with respect to tribal programs that assume 
responsibilities under section 302702 of this title. 
§ 302704. 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 
302702 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 302304(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 interested public. 
§ 302705. 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 306108 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 
historic property consideration equivalent to that afforded by the Council’s 
regulations. 
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129 
§ 302706. Eligibility for inclusion on National Register 
(a) IN GENERAL.—Property 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 
306108 of this title, a Federal agency shall consult with any Indian tribe 
or Native Hawaiian organization that attaches religious and cultural signifi-
cance to property described in subsection (a). 
(c) HAWAII.—In carrying out responsibilities under section 302303 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 3029—Grants 
Sec. 
302901.
Awarding of grants and availability of grant funds. 
302902.
Grants to States. 
302903.
Grants to National Trust. 
302904.
Direct grants for the preservation of properties included on National Register. 
302905.
Religious property. 
302906.
Grants and loans to Indian tribes and nonprofit organizations representing ethnic 
or minority groups. 
302907.
Grants to Indian tribes and Native Hawaiian organizations. 
302908.
Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, 
and the Republic of Palau. 
302909.
Prohibited use of grant amounts. 
302910.
Recordkeeping. 
§ 302901. Awarding of grants and availability of grant funds 
(a) IN GENERAL.—No grant may be made under this division unless ap-
plication for the grant is submitted to the Secretary in accordance with reg-
ulations and procedures prescribed by the Secretary. 
(b) GRANT NOT TREATED AS TAXABLE INCOME.—No grant made pursu-
ant to this division shall be treated as taxable income for purposes of the 
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq). 
(c) AVAILABILITY.—The Secretary shall make funding available to indi-
vidual States and the National Trust as soon as practicable after execution 
of a grant agreement. For purposes of administration, grants to individual 
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130 
States and the National Trust each shall be deemed to be one grant and 
shall be administered by the Service as one grant. 
§ 302902. Grants to States 
(a) IN GENERAL.—The Secretary shall administer a program of matching 
grants to the States for the purposes of carrying out this division. 
(b) CONDITIONS.— 
(1) In general.—No grant may be made under this division— 
(A) unless the application is in accordance with the comprehen-
sive statewide historic preservation plan that has been approved by 
the Secretary after considering its relationship to the comprehen-
sive statewide outdoor recreation plan prepared pursuant to chap-
ter 2003 of this title; 
(B) unless the grantee has agreed to make reports, in such form 
and containing such information, as the Secretary may from time 
to time require; 
(C) unless the grantee has agreed to assume, after completion 
of the project, the total cost of the continued maintenance, repair, 
and administration of the property in a manner satisfactory to the 
Secretary; or 
(D) until the grantee has complied with such further terms and 
conditions as the Secretary may consider necessary or advisable. 
(2) WAIVER.—The Secretary may waive the requirements of sub-
paragraphs (A) and (C) of paragraph (1) for any grant under this divi-
sion to the National Trust. 
(3) AMOUNT LIMITATION.— 
(A) IN GENERAL.—No grant may be made under this division 
for more than 60 percent of the aggregate costs of carrying out 
projects and programs under the administrative control of the 
State Historic Preservation Officer as specified in section 302303 
of this title in any one fiscal year. 
(B) SOURCE OF STATE SHARE OF COSTS.—Except as permitted 
by other law, the State share of the costs referred to in subpara-
graph (A) shall be contributed by non-Federal sources. 
(4) RESTRICTION ON USE OF REAL PROPERTY TO MEET NON-FED-
ERAL SHARE OF COST OF PROJECT.—No State shall be permitted to 
utilize the value of real property obtained before October 15, 1966, in 
meeting the non-Federal share of the cost of a project for which a 
grant is made under this division. 
(c) APPORTIONMENT OF GRANT AMOUNTS 
(1) BASES FOR APPORTIONMENT.—The amounts appropriated and 
made available for grants to the States— 
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131 
(A) for the purposes of this division shall be apportioned among 
the States by the Secretary on the basis of needs as determined 
by the Secretary; and 
(B) for projects and programs under this division for each fiscal 
year shall be apportioned among the States as the Secretary deter-
mines to be appropriate. 
(2) NOTIFICATION.—The Secretary shall notify each State of its ap-
portionment under paragraph (1)(B) within 30 days after the date of 
enactment of legislation appropriating funds under this division. 
(3) REAPPORTIONMENT.—Any amount of any apportionment that 
has not been paid or obligated by the Secretary during the fiscal year 
in which the notification is given or during the 2 fiscal years after that 
fiscal year shall be reapportioned by the Secretary in accordance with 
paragraph (1)(B). The Secretary shall analyze and revise as necessary 
the method of apportionment. The method and any revision shall be 
published by the Secretary in the Federal Register. 
(4) TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS.— 
Not less than 10 percent of the annual apportionment distributed by 
the Secretary to each State for the purposes of carrying out this divi-
sion shall be transferred by the State, pursuant to the requirements of 
this division, to certified local governments for historic preservation 
projects or programs of the certified local governments. In any year in 
which the total annual apportionment to the States exceeds 
$65,000,000, 50 percent of the excess shall also be transferred by the 
States to certified local governments. 
(5) GUIDELINES FOR USE AND DISTRIBUTION OF FUNDS TO CER-
TIFIED LOCAL GOVERNMENTS.—The Secretary shall establish guide-
lines for the use and distribution of funds under paragraph (4) to en-
sure that no certified local government receives a disproportionate 
share of the funds available, and may include a maximum or minimum 
limitation on the amount of funds distributed to any single certified 
local government. The guidelines shall not limit the ability of any State 
to distribute more than 10 percent of its annual apportionment under 
paragraph (4), nor shall the Secretary require any State to exceed the 
10 percent minimum distribution to certified local governments. 
(d) ADMINISTRATIVE COSTS.—The total direct and indirect administra-
tive costs charged for carrying out State projects and programs shall not 
exceed 25 percent of the aggregate costs (except in the case of a grant to 
the Federated States of Micronesia, the Republic of the Marshall Islands, 
or the Republic of Palau). 
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132 
§ 302903. Grants to National Trust 
(a) SECRETARY
OF
THE INTERIOR.—The Secretary may administer 
grants to the National Trust consistent with the purposes of its charter and 
this division. 
(b) SECRETARY OF HOUSING AND URBAN DEVELOPMENT.—The Sec-
retary of Housing and Urban Development may make grants to the Na-
tional Trust, on terms and conditions and in amounts (not exceeding 
$90,000 with respect to any one structure) as the Secretary of Housing and 
Urban Development considers appropriate, to cover the costs incurred by 
the National Trust in renovating or restoring structures that the National 
Trust considers to be of historic or architectural value and that the National 
Trust has accepted and will maintain (after the renovation or restoration) 
for historic purposes. 
§ 302904. Direct grants for the preservation of properties in-
cluded on National Register 
(a) ADMINISTRATION OF PROGRAM.—The Secretary shall administer a 
program of direct grants for the preservation of properties included on the 
National Register. 
(b) AVAILABLE AMOUNT.—Funds to support the program annually shall 
not exceed 10 percent of the amount appropriated annually for the Historic 
Preservation Fund. 
(c) USES OF GRANTS.— 
(1) IN GENERAL.—Grants under this section may be made by the 
Secretary, in consultation with the appropriate State Historic Preserva-
tion Officer— 
(A) for the preservation of— 
(i) National Historic Landmarks that are threatened with 
demolition or impairment; and 
(ii) historic property of World Heritage significance; 
(B) for demonstration projects that will provide information 
concerning professional methods and techniques having application 
to historic property; 
(C) for the training and development of skilled labor in trades 
and crafts, and in analysis and curation, relating to historic pres-
ervation; and 
(D) to assist individuals or small businesses within any historic 
district included on the National Register to remain within the 
district. 
(2) LIMIT ON CERTAIN GRANTS.—A grant may be made under sub-
paragraph (A) or (D) of paragraph (1) only to the extent that the 
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133 
project cannot be carried out in as effective a manner through the use 
of an insured loan under section 303901 of this title. 
§ 302905. Religious property 
(a) IN GENERAL.—Grants may be made under this chapter for the pres-
ervation, stabilization, restoration, or rehabilitation of religious property list-
ed on the National Register if the purpose of the grant— 
(1) is secular; 
(2) does not promote religion; and 
(3) seeks to protect qualities that are historically significant. 
(b) EFFECT OF SECTION.—Nothing in this section shall be construed to 
authorize the use of any funds made available under this subdivision for the 
acquisition of any religious property listed on the National Register. 
§ 302906. Grants and loans to Indian tribes and nonprofit 
organizations representing ethnic or minority 
groups 
The Secretary may, in consultation with the appropriate State Historic 
Preservation Officer, make grants or loans or both under this subdivision 
to Indian tribes and to nonprofit organizations representing ethnic or mi-
nority groups for the preservation of their cultural heritage. 
§ 302907. Grants to Indian tribes and Native Hawaiian orga-
nizations 
The Secretary shall administer a program of direct grants to Indian 
tribes and Native Hawaiian organizations for the purpose of carrying out 
this division as it pertains to Indian tribes and Native Hawaiian organiza-
tions. Matching fund requirements may be modified. Federal funds available 
to an Indian tribe or Native Hawaiian organization may be used as match-
ing funds for the purposes of the Indian tribe’s or Native Hawaiian organi-
zation’s conducting its responsibilities pursuant to this subdivision. 
§ 302908. Grants to the Federated States of Micronesia, the 
Republic of the Marshall Islands, and the Republic 
of Palau 
(a) IN GENERAL.—As part of the program of matching grant assistance 
from the Historic Preservation Fund to States, the Secretary shall admin-
ister a program of direct grants to the Federated States of Micronesia, the 
Republic of the Marshall Islands, and the Republic of Palau in furtherance 
of the Compact of Free Association between the United States and the Fed-
erated States of Micronesia and the Marshall Islands, approved by the Com-
pact of Free Association Act of 1985 (48 U.S.C. 1901 et seq., 2001 et seq.), 
and the Compact of Free Association between the United States and Palau, 
approved by the Joint Resolution entitled ‘‘Joint Resolution to approve the 
‘Compact of Free Association’ between the United States and Government 
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