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(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. 
§ 302303. Responsibilities of State Historic Preservation Of-
ficer 
(a) IN GENERAL.—It shall be the responsibility of the State Historic 
Preservation 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 govern-
ments, and private organizations and individuals, direct and conduct a 
comprehensive statewide survey of historic property and maintain in-
ventories 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 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 private organizations and indi-
viduals 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 pro-
tect, manage, or reduce or mitigate harm to that property; and 
(10) advise and assist in the evaluation of proposals for rehabilita-
tion 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 
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 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 
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 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 ac-
ceptable 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, 
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if there is to be any, for the costs of carrying out that responsi-
bility. 
(3) ESTABLISH CONDITIONS AND CRITERIA.—For each significant 
program area under the Secretary’s authority, the Secretary shall es-
tablish 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 preser-
vation programs and activities of the Service. 
Chapter 3025—Certification of Local 
Governments 
Sec. 
302501.
Definitions. 
302502.
Certification as part of State program. 
302503.
Requirements 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 estab-
lished by a State or locality for significant historic property within the 
jurisdiction 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 prop-
erty designated pursuant to this chapter. 
§ 302502. Certification as part of State program 
Any State program approved under this subdivision shall provide a mech-
anism 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 gov-
ernments. 
§ 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 
review commission by State or local legislation; 
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(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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