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§ 2051.12. Assistance for adversely affected historic property 
Each Federal agency shall ensure that the agency will not grant a loan, 
loan guarantee, permit, license, or other assistance to an applicant that, 
with intent to avoid the requirements of section 2053.02 of this title, has 
intentionally significantly adversely affected a historic property to which the 
grant would relate, or having legal power to prevent it, has allowed the sig-
nificant adverse effect to occur, unless the agency, after consultation with 
the Council, determines that circumstances justify granting the assistance 
despite the adverse effect created or permitted by the applicant. 
§ 2051.13. Documentation of decisions respecting under-
takings 
With respect to any undertaking subject to section 2053.02 of this title 
that adversely affects any property included in or eligible for inclusion on 
the National Register, and for which a Federal agency has not entered into 
an agreement pursuant to regulations issued by the Council, the head of the 
agency shall document any decision made pursuant to section 2053.02 of 
this title. The head of the agency may not delegate responsibilities pursuant 
to that section. Where a memorandum of agreement under section 2053.02 
of this title has been executed with respect to an undertaking, the memo-
randum shall govern the undertaking and all of its parts. 
Subchapter II—Lease, Exchange, or Management of Historic 
Property 
§ 2051.21. Lease or exchange 
(a) AUTHORITY TO LEASE OR EXCHANGE.—Notwithstanding any other 
provision of law, each Federal agency, after consultation with the Council— 
(1) shall, to the extent practicable, establish and implement alter-
natives (including adaptive use) for historic properties that are not 
needed for current or projected agency purposes; and 
(2) may lease a historic property owned by the agency to any person 
or organization, or exchange any property owned by the agency with 
comparable historic property, if the agency head determines that the 
lease or exchange will adequately ensure the preservation of the historic 
property. 
(b) PROCEEDS OF LEASE.—Notwithstanding any other provision of law, 
the proceeds of any lease under subsection (a) may be retained by the agen-
cy entering into the lease and used to defray the costs of administration, 
maintenance, repair, and related expenses incurred by the agency with re-
spect to that property or other properties that are on the National Register 
that are owned by, or are under the jurisdiction or control of, the agency. 
Any surplus proceeds from the leases shall be deposited in the Treasury at 
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the end of the second fiscal year following the fiscal year in which the pro-
ceeds were received. 
§ 2051.22. Contracts for management of historic property 
The head of any Federal agency having responsibility for the management 
of any historic property may, after consultation with the Council, enter into 
a contract for the management of the property. The contract shall contain 
terms and conditions that the head of the agency considers necessary or ap-
propriate to protect the interests of the United States and ensure adequate 
preservation of the historic property. 
Subchapter III—Protection and Preservation of Resources 
§ 2051.31. Standards and guidelines 
(a) STANDARDS.— 
(1) IN GENERAL.—Each Federal agency that is responsible for the 
protection of historic property (including archaeological property) pur-
suant to this division or any other law shall ensure that— 
(A) all actions taken by employees or contractors of the agency 
meet professional standards under regulations developed by the 
Secretary in consultation with the Council, other affected agencies, 
and the appropriate professional societies of archaeology, architec-
ture, conservation, history, landscape architecture, and planning; 
(B) agency personnel or contractors responsible for historic 
properties meet qualification standards established by the Office of 
Personnel Management in consultation with the Secretary and ap-
propriate professional societies of archaeology, architecture, con-
servation, curation, history, landscape architecture, and planning; 
and 
(C) records and other data, including data produced by histor-
ical research and archaeological surveys and excavations, are per-
manently maintained in appropriate databases and made available 
to potential users pursuant to such regulations as the Secretary 
shall promulgate. 
(2) CONSIDERATIONS.—The standards referred to in paragraph 
(1)(B) shall consider the particular skills and expertise needed for the 
preservation of historic properties and shall be equivalent requirements 
for the disciplines involved. 
(b) GUIDELINES.—To promote the preservation of historic property eligi-
ble for listing on the National Register, the Secretary shall, in consultation 
with the Council, promulgate guidelines to ensure that Federal, State, and 
tribal historic preservation programs subject to this division include plans 
to— 
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(1) provide information to the owners of historic property with dem-
onstrated or likely research significance, about the need for protection 
of the historic property, and the available means of protection; 
(2) encourage owners to preserve historic property intact and in 
place and offer the owners of the historic property information on the 
tax and grant assistance available for the donation of the historic prop-
erty or of a preservation easement of the historic property; 
(3) encourage the protection of Native American cultural items 
(within the meaning of section 2 of the Native American Graves Pro-
tection and Repatriation Act (25 U.S.C. 3001)) and of properties of 
religious or cultural importance to Indian tribes, Native Hawaiians, or 
other Native American groups; and 
(4) encourage owners that are undertaking archaeological exca-
vations to— 
(A) conduct excavations and analyses that meet standards for 
federally-sponsored excavations established by the Secretary; 
(B) donate or lend artifacts of research significance to an ap-
propriate research institution; 
(C) allow access to artifacts for research purposes; and 
(D) prior to excavating or disposing of a Native American cul-
tural item in which an Indian tribe or Native Hawaiian organiza-
tion may have an interest under subparagraph (B) or (C) of sec-
tion 3(a)(2) of the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and 
consult with the Indian tribe or Native Hawaiian organization. 
§ 2051.32. Access to information 
(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of a Fed-
eral agency, or other public official receiving grant assistance pursuant to 
this division, after consultation with the Secretary, shall withhold from dis-
closure to the public information about the location, character, or ownership 
of a historic property if the Secretary and the agency determine that disclo-
sure may— 
(1) cause a significant invasion of privacy; 
(2) risk harm to the historic property; or 
(3) impede the use of a traditional religious site by practitioners. 
(b) ACCESS DETERMINATION.—When the head of a Federal agency or 
other public official determines that information should be withheld from 
the public pursuant to subsection (a), the Secretary, in consultation with 
the Federal agency head or official, shall determine who may have access 
to the information for the purpose of carrying out this division. 
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(c) CONSULTATION WITH COUNCIL.—When information described in sub-
section (a) has been developed in the course of an agency’s compliance with 
section 2051.07 or 2053.02 of this title, the Secretary shall consult with the 
Council in reaching determinations under subsections (a) and (b). 
CHAPTER 2053—UNDERTAKINGS 
Sec. 
2053.01.
Undertakings outside United States. 
2053.02.
Effect of undertakings on historic property. 
§ 2053.01. Undertakings outside United States 
Prior to the approval of any undertaking outside the United States that 
may directly and adversely affect a property that is on the World Heritage 
List or on the applicable country’s equivalent of the National Register, the 
head of a Federal agency having direct or indirect jurisdiction over the un-
dertaking shall take into account the effect of the undertaking on the prop-
erty for purposes of avoiding or mitigating any adverse effect. 
§ 2053.02. Effect of undertakings on historic property 
The head of any Federal agency having direct or indirect jurisdiction over 
a proposed undertaking in any State and the head of any Federal depart-
ment or independent agency having authority to license any undertaking 
shall, prior to the approval of the expenditure of any Federal funds on the 
undertaking or prior to the issuance of any license, as the case may be, take 
into account the effect of the undertaking on any historic property. The 
head of the Federal agency shall afford the Council a reasonable oppor-
tunity to comment with regard to the undertaking. 
CHAPTER 2055—FINANCING 
Subchapter I—Financial Assistance 
Sec. 
2055.01.
Awarding grant funds. 
2055.02.
Grants to National Trust. 
2055.03.
Apportionment of grant funds. 
2055.04.
Loan insurance program for preservation of property included on National Register. 
2055.05.
Recordkeeping. 
Subchapter II—Sources of Funds 
2055.11.
Historic Preservation Fund. 
2055.12.
Acceptance by Secretary of privately donated funds. 
Subchapter I—Financial Assistance 
§ 2055.01. Awarding grant funds 
(a) CONDITIONS.— 
(1) IN GENERAL.—No grant may be made under this division— 
(A) unless application for the grant is submitted to the Sec-
retary in accordance with regulations and procedures prescribed by 
the Secretary; 
(B) 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-
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