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scape architecture, or related disciplines, to the extent that those 
professionals are available in the community; and 
(B) other individuals who have demonstrated special interest, 
experience, or knowledge in history, architecture, or related dis-
ciplines and will provide for an adequate and qualified commission. 
§ 300308. Historic property 
In this division, the term ‘‘historic property’’ means any prehistoric or 
historic dustruct, site, building, structure, or object included on, or eligible 
for inclusion on, the National Register, including artifacts, records, and ma-
terial remains relating to the district, site, building, structure, or object. 
§ 300309. Indian tribe 
In this division, the term ‘‘Indian tribe’’ means an Indian tribe, band, na-
tion, or other organized group or community, including a Native village, Re-
gional Corporation or Village Corporation (as those terms are defined in 
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), 
that is recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians. 
§ 300310. Local government 
In this division, the term ‘‘local government’’ means a city, county, town-
ship, municipality, or borough, or any other general purpose political sub-
division of any State. 
§ 300311. National Register 
In this division, the term ‘‘National Register’’ means the National Reg-
ister of Historic Places maintained under chapter 3021 of this title. 
§ 300312. National Trust 
In this division, the term ‘‘National Trust’’ means the National Trust for 
Historic Preservation in the United States established under section 312102 
of this title. 
§ 300313. Native Hawaiian 
In this division, the term ‘‘Native Hawaiian’’ means any individual who 
is a descendant of the aboriginal people who, prior to 1778, occupied and 
exercised sovereignty in the area that now constitutes Hawaii. 
§ 300314. Native Hawaiian organization 
(a) IN GENERAL.—In this division, the term ‘‘Native Hawaiian organiza-
tion’’ means any organization that— 
(1) serves and represents the interests of Native Hawaiians; 
(2) has as a primary and stated purpose the provision of services to 
Native Hawaiians; and 
(3) has demonstrated expertise in aspects of historic preservation 
that are culturally significant to Native Hawaiians. 
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(b) INCLUSIONS.—In this division, the term ‘‘Native Hawaiian organiza-
tion’’ includes the Office of Hawaiian Affairs of Hawaii and Hui Malama 
I Na Kupuna O Hawai’i Nei, an organization incorporated under the laws 
of the State of Hawaii. 
§ 300315. Preservation or historic preservation 
In this division, the term ‘‘preservation’’ or ‘‘historic preservation’’ in-
cludes— 
(1) identification, evaluation, recordation, documentation, curation, 
acquisition, protection, management, rehabilitation, restoration, sta-
bilization, maintenance, research, interpretation, and conservation; 
(2) education and training regarding the foregoing activities; or 
(3) any combination of the foregoing activities. 
§ 300316. Secretary 
In this division, the term ‘‘Secretary’’ means the Secretary acting through 
the Director. 
§ 300317. State 
In this division, the term ‘‘State’’ means— 
(1) a State, the District of Columbia, Puerto Rico, Guam, American 
Samoa, the Virgin Islands, and the Northern Mariana Islands; and 
(2) the Republic of the Marshall Islands, the Federated States of Mi-
cronesia, and the Republic of Palau. 
§ 300318. State historic preservation review board 
In this division, the term ‘‘State historic preservation review board’’ 
means a board, council, commission, or other similar collegial body estab-
lished as provided in section 302301(2) of this title— 
(1) the members of which are appointed by the State Historic Pres-
ervation Officer (unless otherwise provided for by State law); 
(2) a majority of the members of which are professionals qualified 
in history, prehistoric and historic archeology, architectural history, ar-
chitecture, folklore, cultural anthropology, curation, conservation, land-
scape architecture, and related disciplines; and 
(3) that has the authority to— 
(A) review National Register nominations and appeals from 
nominations; 
(B) review appropriate documentation submitted in conjunction 
with the Historic Preservation Fund; 
(C) provide general advice and guidance to the State Historic 
Preservation Officer; and 
(D) perform such other duties as may be appropriate. 
§ 300319. Tribal land 
In this division, the term ‘‘tribal land’’ means— 
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(1) all land within the exterior boundaries of any Indian reservation; 
and 
(2) all dependent Indian communities. 
§ 300320. Undertaking 
In this division, the term ‘‘undertaking’’ means a project, activity, or pro-
gram funded in whole or in part under the direct or indirect jurisdiction 
of a Federal agency, including— 
(1) those carried out by or on behalf of the Federal agency; 
(2) those carried out with Federal financial assistance; 
(3) those requiring a Federal permit, license, or approval; and 
(4) those subject to State or local regulation administered pursuant 
to a delegation or approval by a Federal agency. 
§ 300321. World Heritage Convention 
In this division, the term ‘‘World Heritage Convention’’ means the Con-
vention concerning the Protection of the World Cultural and Natural Herit-
age, done at Paris November 23, 1972 (27 UST 37). 
Subdivision 2—Historic Preservation 
Program 
Chapter 3021—National Register of 
Historic Places 
Sec. 
302101.
Maintenance by Secretary. 
302102.
Inclusion of properties on National Register. 
302103.
Criteria and regulations relating to National Register, National Historic Landmarks, 
and World Heritage List. 
302104.
Nominations for inclusion on National Register. 
302105.
Owner participation in nomination process. 
302106.
Retention of name. 
302107.
Regulations. 
302108.
Review of threats to historic property. 
§ 302101. Maintenance by Secretary 
The Secretary may expand and maintain a National Register of Historic 
Places composed of districts, sites, buildings, structures, and objects signifi-
cant in American history, architecture, archeology, engineering, and culture. 
§ 302102. Inclusion of properties on National Register 
(a) IN GENERAL.—A property that meets the criteria for National His-
toric Landmarks established pursuant to section 302103 of this title shall 
be designated as a National Historic Landmark and included on the Na-
tional Register, subject to the requirements of section 302107 of this title. 
(b) HISTORIC PROPERTY ON NATIONAL REGISTER ON DECEMBER 12, 
1980.—All historic property included on the National Register on December 
12, 1980, shall be deemed to be included on the National Register as of 
their initial listing for purposes of this division. 
(c) HISTORIC PROPERTY LISTED IN FEDERAL REGISTER OF FEBRUARY 
6, 1979, OR PRIOR
TO DECEMBER 12, 1980, AS NATIONAL HISTORIC 
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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-
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