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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. 
§ 2023.06. 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 2027.01 
and 2027.02 of this title and for the allocation of funds pursuant to 
section 2055.03(d) of this title. 
§ 2023.07. 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. 
2025.01.
Regulations. 
2025.02.
Program evaluation. 
2025.03.
State Historic Preservation Officer. 
2025.04.
Contracts and cooperative agreements. 
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§ 2025.01. 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 2025.03 of this title and for the 
employment 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. 
§ 2025.02. Program evaluation 
(a) WHEN EVALUATION SHOULD OCCUR.—Periodically, but not less than 
every 4 years after the approval of any State program under this section, 
the Secretary, in consultation with the Council on the appropriate provisions 
of this division, and in cooperation with the State Historic Preservation Of-
ficer, 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 
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-
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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. 
§ 2025.03. 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; 
(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— 
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(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. 
§ 2025.04. 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. 
(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 2045.01 and 2045.02 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 
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