118 
official, and the owner or owners of the property of the Secretary’s determina-
tion. 
§ 302106. 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 individual landmark or as a con-
tributing building in a historic district by a unit of State or local govern-
ment, may retain the name historically associated with the building or struc-
ture. 
§ 302107. Regulations 
The Secretary shall promulgate regulations— 
(1) ensuring that significant prehistoric and historic artifacts, and as-
sociated records, subject to subchapter I of chapter 3061, chapter 3125, 
or the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa 
et seq.) are deposited in an institution with adequate long-term curato-
rial capabilities; 
(2) establishing a uniform process and standards for documenting his-
toric property by public agencies and private parties for purposes of in-
corporation into, or complementing, the national historical architectural 
and engineering records in the Library of Congress; and 
(3) certifying local governments, in accordance with sections 302502 
and 302503 of this title, and for the transfer of funds pursuant to section 
302902(c)(4) of this title. 
§ 302108. Review of threats to historic property 
At least once every 4 years, the Secretary, in consultation with the Council 
and with State Historic Preservation Officers, shall review significant threats 
to historic property to— 
(1) determine the kinds of historic property that may be threatened; 
(2) ascertain the causes of the threats; and 
(3) develop and submit to the President and Congress recommenda-
tions for appropriate action. 
Chapter 3023—State Historic Preservation 
Programs 
Sec. 
302301.
Regulations. 
302302.
Program evaluation. 
302303.
Responsibilities of State Historic Preservation Officer. 
302304.
Contracts and cooperative agreements. 
§ 302301. Regulations 
The Secretary, in consultation with the National Conference of State His-
toric Preservation Officers and the National Trust, shall promulgate regula-
tions for State Historic Preservation Programs. The regulations shall provide 
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that a State program submitted to the Secretary under this chapter shall be 
approved by the Secretary if the Secretary determines that the program pro-
vides for— 
(1) the designation and appointment by the chief elected official of the 
State of a State Historic Preservation Officer to administer the program 
in accordance with section 302303 of this title and for the employment 
or appointment by the officer of such professionally qualified staff as 
may be necessary for those purposes; 
(2) an adequate and qualified State historic preservation review board 
designated by the State Historic Preservation Officer unless otherwise 
provided for by State law; and 
(3) adequate public participation in the State Historic Preservation 
Program, including the process of recommending properties for nomina-
tion to the National Register. 
§ 302302. Program evaluation 
(a) WHEN EVALUATION SHOULD OCCCUR.—Periodically, but not less than 
every 4 years after the approval of any State program under section 302301 
of this title, the Secretary, in consultation with the Council on the appro-
priate provisions of this division, and in cooperation with the State Historic 
Preservation Officer, shall evaluate the program to determine whether it is 
consistent with this division. 
(b) DISAPPROVAL OF PROGRAM.—If, at any time, the Secretary determines 
that a major aspect of a State program is not consistent with this 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 period 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 dis-
cretion of the Secretary, a State system of fiscal audit and management 
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— 
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(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 accountability 
standards. 
§ 302303. Responsibilities of State Historic Preservation Offi-
cer 
(a) IN GENERAL.—It shall be the responsibility of the State Historic Pres-
ervation Officer to administer the State Historic Preservation Program. 
(b) PARTICULAR RESPONSIBILITIES.—It shall be the responsibility of the 
State Historic Preservation Officer to— 
(1) in cooperation with Federal and State agencies, local governments, 
and private organizations and individuals, direct and conduct a com-
prehensive statewide survey of historic property and maintain inven-
tories of the property; 
(2) identify and nominate eligible property to the National Register 
and otherwise administer applications for listing historic property on the 
National Register; 
(3) prepare and implement a comprehensive statewide historic preser-
vation plan; 
(4) administer the State program of Federal assistance for historic 
preservation within the State; 
(5) advise and assist, as appropriate, Federal and State agencies and 
local governments in carrying out their historic preservation responsibil-
ities; 
(6) cooperate with the Secretary, the Council, other Federal and State 
agencies, local governments, and private organizations and individuals 
to ensure that historic property is 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 3025; 
(9) consult with appropriate Federal agencies in accordance with this 
division on— 
(A) Federal undertakings that may affect historic property; and 
(B) the content and sufficiency of any plans developed to protect, 
manage, or reduce or mitigate harm to that property; and 
(10) advise and assist in the evaluation of proposals for rehabilitation 
projects that may qualify for Federal assistance. 
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§ 302304. Contracts and cooperative agreements 
(a) STATE.—A State may carry out all or any part of its responsibilities 
under this chapter by contract or cooperative agreement with a qualified non-
profit 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 property. 
(ii) Determination of the eligibility of property for listing on 
the National Register. 
(iii) Preparation of nominations for inclusion on the Na-
tional Register. 
(iv) Maintenance of historical and archeological data bases. 
(v) Evaluation of eligibility for Federal preservation incen-
tives. 
(B) AUTHORITY TO MAINTAIN NATIONAL REGISTER.—Nothing in 
subparagraph (A) shall be construed to provide that any State His-
toric Preservation Officer or any other person other than the Sec-
retary shall have the authority to maintain the National Register 
for properties in any State. 
(2) REQUIREMENTS.—The Secretary may enter into a contract or co-
operative agreement under paragraph (1) only if— 
(A) the State Historic Preservation Officer has requested the ad-
ditional responsibility; 
(B) the Secretary has approved the State historic preservation 
program pursuant to sections 302301 and 302302 of this title; 
(C) the State Historic Preservation Officer agrees to carry out the 
additional responsibility in a timely and efficient manner accept-
able 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 responsibility. 
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