118 
HR 1068 RFS 
LANDMARKS.—All historic property listed in the Federal Register of Feb-
ruary 6, 1979, or prior to December 12, 1980, as National Historic Land-
marks are declared by Congress to be National Historic Landmarks of na-
tional historic significance as of their initial listing in the Federal Register 
for purposes of this division and chapter 3201 of this title, except that in 
the case of a National Historic Landmark district for which no boundaries 
had been established as of December 12, 1980, boundaries shall first be 
published in the Federal Register. 
§ 302103. Criteria and regulations relating to National Reg-
ister, National Historic Landmarks, and World 
Heritage List 
The Secretary, in consultation with national historical and archeological 
associations, shall— 
(1) establish criteria for properties to be included on the National 
Register and criteria for National Historic Landmarks; and 
(2) promulgate regulations for— 
(A) nominating properties for inclusion on, and removal from, 
the National Register and the recommendation of properties by 
certified local governments; 
(B) designating properties as National Historic Landmarks and 
removing that designation; 
(C) considering appeals from recommendations, nominations, re-
movals, and designations (or any failure or refusal by a nomi-
nating authority to nominate or designate); 
(D) nominating historic property for inclusion in the World 
Heritage List in accordance with the World Heritage Convention; 
(E) making determinations of eligibility of properties for inclu-
sion on the National Register; and 
(F) notifying the owner of a property, any appropriate local gov-
ernments, and the general public, when the property is being con-
sidered for inclusion on the National Register, for designation as 
a National Historic Landmark, or for nomination to the World 
Heritage List. 
§ 302104. Nominations for inclusion on National Register 
(a) NOMINATION
BY STATE.—Subject to the requirements of section 
302107 of this title, any State that is carrying out a program approved 
under chapter 3023 shall nominate to the Secretary property that meets the 
criteria promulgated under section 302103 of this title for inclusion on the 
National Register. Subject to section 302107 of this title, any property 
nominated under this subsection or under section 306102 of this title shall 
be included on the National Register on the date that is 45 days after re-
VerDate Mar 15 2010 
21:37 Apr 24, 2013
Jkt 029200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6221
E:\BILLS\H1068.RFS
H1068
sroberts on DSK5SPTVN1PROD with BILLS
119 
HR 1068 RFS 
ceipt by the Secretary of the nomination and the necessary documentation, 
unless the Secretary disapproves the nomination within the 45-day period 
or unless an appeal is filed under subsection (c). 
(b) NOMINATION BY PERSON OR LOCAL GOVERNMENT.—Subject to the 
requirements of section 302107 of this title, the Secretary may accept a 
nomination directly from any person or local government for inclusion of a 
property on the National Register only if the property is located in a State 
where there is no program approved under chapter 3023 of this title. The 
Secretary may include on the National Register any property for which such 
a nomination is made if the Secretary determines that the property is eligi-
ble in accordance with the regulations promulgated under section 302103 
of this title. The determination shall be made within 90 days from the date 
of the nomination unless the nomination is appealed under subsection (c). 
(c) APPEAL.—Any person or local government may appeal to the Sec-
retary— 
(1) a nomination of any property for inclusion on the National Reg-
ister; and 
(2) the failure of a nominating authority to nominate a property in 
accordance with this chapter. 
§ 302105. Owner participation in nomination process 
(a) REGULATIONS.—The Secretary shall promulgate regulations requiring 
that before any property may be included on the National Register or des-
ignated as a National Historic Landmark, the owner of the property, or a 
majority of the owners of the individual properties within a district in the 
case of a historic district, shall be given the opportunity (including a reason-
able period of time) to concur in, or object to, the nomination of the prop-
erty for inclusion or designation. The regulations shall include provisions to 
carry out this section in the case of multiple ownership of a single property. 
(b) WHEN PROPERTY SHALL NOT BE INCLUDED ON NATIONAL REG-
ISTER OR DESIGNATED AS NATIONAL HISTORIC LANDMARK.—If the owner 
of any privately owned property, or a majority of the owners of privately 
owned properties within the district in the case of a historic district, object 
to inclusion or designation, the property shall not be included on the Na-
tional Register or designated as a National Historic Landmark until the ob-
jection is withdrawn. 
(c) REVIEW BY SECRETARY.—The Secretary shall review the nomination 
of the property when an objection has been made and shall determine 
whether or not the property is eligible for inclusion or designation. If the 
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 
VerDate Mar 15 2010 
21:37 Apr 24, 2013
Jkt 029200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6221
E:\BILLS\H1068.RFS
H1068
sroberts on DSK5SPTVN1PROD with BILLS
120 
HR 1068 RFS 
chief elected local official, and the owner or owners of the property of the 
Secretary’s determination. 
§ 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 contributing building in a historic district by a unit of State or local gov-
ernment, may retain the name historically associated with the building or 
structure. 
§ 302107. Regulations 
The Secretary shall promulgate regulations— 
(1) ensuring that significant prehistoric and historic artifacts, and 
associated 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 curatorial capabilities; 
(2) establishing a uniform process and standards for documenting 
historic property by public agencies and private parties for purposes of 
incorporation into, or complementing, the national historical architec-
tural 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 sec-
tion 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 Coun-
cil 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 pro-
VerDate Mar 15 2010 
21:37 Apr 24, 2013
Jkt 029200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6221
E:\BILLS\H1068.RFS
H1068
sroberts on DSK5SPTVN1PROD with BILLS
121 
HR 1068 RFS 
vide that a State program submitted to the Secretary under this chapter 
shall be approved by the Secretary if the Secretary determines that the pro-
gram provides 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 em-
ployment 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 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. 
§ 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 
appropriate 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 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-
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. 
VerDate Mar 15 2010 
21:37 Apr 24, 2013
Jkt 029200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6221
E:\BILLS\H1068.RFS
H1068
sroberts on DSK5SPTVN1PROD with BILLS