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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.
Reguirements 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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section 302104 of this title. Any report and recommendations made 
under this section shall be included with any nomination submitted by 
the State to the Secretary. 
§ 302505. Eligibility and responsibility of certified local gov-
ernment 
Any local government— 
(1) that is certified under this chapter shall be eligible for funds 
under section 302902(c)(4) of this title; and 
(2) that is certified, or making efforts to become certified, under this 
chapter shall carry out any responsibilities delegated to it in accordance 
with such terms and conditions as the Secretary considers necessary or 
advisable. 
Chapter 3027—Historic Preservation Pro-
grams and Authorities for Indian Tribes 
and Native Hawaiian Organizations 
Sec. 
302701.
Program to assist Indian tribes in preserving historic property. 
302702.
Indian tribe to assume functions of State Historic Preservation Officer. 
302703.
Apportionment of grant funds. 
302704.
Contracts and cooperative agreements. 
302705.
Agreement for review under tribal historic preservation regulations. 
302706.
Eligibility for inclusion on National Register. 
§ 302701. Program to assist Indian tribes in preserving his-
toric property 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a pro-
gram and promulgate regulations to assist Indian tribes in preserving their 
historic property. 
(b) COMMUNICATION
AND COOPERATION.—The Secretary shall foster 
communication and cooperation between Indian tribes and State Historic 
Preservation Officers in the administration of the national historic preserva-
tion program to— 
(1) ensure that all types of historic property and all public interests 
in historic property are given due consideration; and 
(2) encourage coordination among Indian tribes, State Historic Pres-
ervation Officers, and Federal agencies in historic preservation plan-
ning and in the identification, evaluation, protection, and interpretation 
of historic property. 
(c) TRIBAL VALUES.—The program under subsection (a) shall be devel-
oped in a manner to ensure that tribal values are taken into account to the 
extent feasible. The Secretary may waive or modify requirements of this 
subdivision to conform to the cultural setting of tribal heritage preservation 
goals and objectives. 
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(d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs implemented by 
specific tribal organizations may vary in scope, as determined by each In-
dian tribe’s chief governing authority. 
(e) CONSULTATION.—The Secretary shall consult with Indian tribes, 
other Federal agencies, State Historic Preservations Officers, and other in-
terested parties concerning the program under subsection (a). 
§ 302702. Indian tribe to assume functions of State Historic 
Preservation Officer 
An Indian tribe may assume all or any part of the functions of a State 
Historic Preservation Officer in accordance with sections 302302 and 
302303 of this title, with respect to tribal land, as those responsibilities may 
be modified for tribal programs through regulations issued by the Secretary, 
if— 
(1) the Indian tribe’s chief governing authority so requests; 
(2) the Indian tribe designates a tribal preservation official to admin-
ister the tribal historic preservation program, through appointment by 
the Indian tribe’s chief governing authority or as a tribal ordinance 
may otherwise provide; 
(3) the tribal preservation official provides the Secretary with a plan 
describing how the functions the tribal preservation official proposes to 
assume will be carried out; 
(4) the Secretary determines, after consulting with the Indian tribe, 
the appropriate State Historic Preservation Officer, the Council (if the 
Indian tribe proposes to assume the functions of the State Historic 
Preservation Officer with respect to review of undertakings under sec-
tion 306108 of this title), and other Indian tribes, if any, whose tribal 
or aboriginal land may be affected by conduct of the tribal preservation 
program, that— 
(A) the tribal preservation program is fully capable of carrying 
out the functions specified in the plan provided under paragraph 
(3); 
(B) the plan defines the remaining responsibilities of the Sec-
retary and the State Historic Preservation Officer; and 
(C) the plan provides, with respect to properties neither owned 
by a member of the Indian tribe nor held in trust by the Secretary 
for the benefit of the Indian tribe, at the request of the owner of 
the properties, that the State Historic Preservation Officer, in ad-
dition to the tribal preservation official, may exercise the historic 
preservation responsibilities in accordance with sections 302302 
and 302303 of this title; and 
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(5) based on satisfaction of the conditions stated in paragraphs (1), 
(2), (3), and (4), the Secretary approves the plan. 
§ 302703. Apportionment of grant funds 
In consultation with interested Indian tribes, other Native American orga-
nizations, and affected State Historic Preservation Officers, the Secretary 
shall establish and implement procedures for carrying out section 
302902(c)(1)(A) of this title with respect to tribal programs that assume 
responsibilities under section 302702 of this title. 
§ 302704. Contracts and cooperative agreements 
At the request of an Indian tribe whose preservation program has been 
approved to assume functions and responsibilities pursuant to section 
302702 of this title, the Secretary shall enter into a contract or cooperative 
agreement with the Indian tribe permitting the assumption by the Indian 
tribe of any part of the responsibilities described in section 302304(b) of 
this title on tribal land, if— 
(1) the Secretary and the Indian tribe agree on additional financial 
assistance, if any, to the Indian tribe for the costs of carrying out those 
authorities; 
(2) the Secretary finds that the tribal historic preservation program 
has been demonstrated to be sufficient to carry out the contract or co-
operative agreement and this division; and 
(3) the contract or cooperative agreement specifies the continuing re-
sponsibilities of the Secretary or of the appropriate State Historic Pres-
ervation Officers and provides for appropriate participation by— 
(A) the Indian tribe’s traditional cultural authorities; 
(B) representatives of other Indian tribes whose traditional land 
is under the jurisdiction of the Indian tribe assuming responsibil-
ities; and 
(C) the interested public. 
§ 302705. Agreement for review under tribal historic preser-
vation regulations 
The Council may enter into an agreement with an Indian tribe to permit 
undertakings on tribal land to be reviewed under tribal historic preservation 
regulations in place of review under regulations promulgated by the Council 
to govern compliance with section 306108 of this title, if the Council, after 
consultation with the Indian tribe and appropriate State Historic Preserva-
tion Officers, determines that the tribal preservation regulations will afford 
historic property consideration equivalent to that afforded by the Council’s 
regulations. 
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§ 302706. Eligibility for inclusion on National Register 
(a) IN GENERAL.—Property of traditional religious and cultural impor-
tance to an Indian tribe or Native Hawaiian organization may be deter-
mined to be eligible for inclusion on the National Register. 
(b) CONSULTATION.—In carrying out its responsibilities under section 
306108 of this title, a Federal agency shall consult with any Indian tribe 
or Native Hawaiian organization that attaches religious and cultural signifi-
cance to property described in subsection (a). 
(c) HAWAII.—In carrying out responsibilities under section 302303 of 
this title, the State Historic Preservation Officer for Hawaii shall— 
(1) consult with Native Hawaiian organizations in assessing the cul-
tural significance of any property in determining whether to nominate 
the property to the National Register; 
(2) consult with Native Hawaiian organizations in developing the 
cultural component of a preservation program or plan for the property; 
and 
(3) enter into a memorandum of understanding or agreement with 
Native Hawaiian organizations for the assessment of the cultural sig-
nificance of a property in determining whether to nominate the prop-
erty to the National Register and to carry out the cultural component 
of the preservation program or plan. 
Chapter 3029—Grants 
Sec. 
302901.
Awarding of grants and availability of grant funds. 
302902.
Grants to States. 
302903.
Grants to National Trust. 
302904.
Direct grants for the preservation of properties included on National Register. 
302905.
Religious property. 
302906.
Grants and loans to Indian tribes and nonprofit organizations representing ethnic 
or minority groups. 
302907.
Grants to Indian tribes and Native Hawaiian organizations. 
302908.
Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, 
and the Republic of Palau. 
302909.
Prohibited use of grant amounts. 
302910.
Recordkeeping. 
§ 302901. Awarding of grants and availability of grant funds 
(a) IN GENERAL.—No grant may be made under this division unless ap-
plication for the grant is submitted to the Secretary in accordance with reg-
ulations and procedures prescribed by the Secretary. 
(b) GRANT NOT TREATED AS TAXABLE INCOME.—No grant made pursu-
ant to this division shall be treated as taxable income for purposes of the 
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq). 
(c) AVAILABILITY.—The Secretary shall make funding available to indi-
vidual States and the National Trust as soon as practicable after execution 
of a grant agreement. For purposes of administration, grants to individual 
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States and the National Trust each shall be deemed to be one grant and 
shall be administered by the Service as one grant. 
§ 302902. Grants to States 
(a) IN GENERAL.—The Secretary shall administer a program of matching 
grants to the States for the purposes of carrying out this division. 
(b) CONDITIONS.— 
(1) In general.—No grant may be made under this division— 
(A) 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-
sive statewide outdoor recreation plan prepared pursuant to chap-
ter 2003 of this title; 
(B) unless the grantee has agreed to make reports, in such form 
and containing such information, as the Secretary may from time 
to time require; 
(C) unless the grantee has agreed to assume, after completion 
of the project, the total cost of the continued maintenance, repair, 
and administration of the property in a manner satisfactory to the 
Secretary; or 
(D) until the grantee has complied with such further terms and 
conditions as the Secretary may consider necessary or advisable. 
(2) WAIVER.—The Secretary may waive the requirements of sub-
paragraphs (A) and (C) of paragraph (1) for any grant under this divi-
sion to the National Trust. 
(3) AMOUNT LIMITATION.— 
(A) IN GENERAL.—No grant may be made under this division 
for more than 60 percent of the aggregate costs of carrying out 
projects and programs under the administrative control of the 
State Historic Preservation Officer as specified in section 302303 
of this title in any one fiscal year. 
(B) SOURCE OF STATE SHARE OF COSTS.—Except as permitted 
by other law, the State share of the costs referred to in subpara-
graph (A) shall be contributed by non-Federal sources. 
(4) RESTRICTION ON USE OF REAL PROPERTY TO MEET NON-FED-
ERAL SHARE OF COST OF PROJECT.—No State shall be permitted to 
utilize the value of real property obtained before October 15, 1966, in 
meeting the non-Federal share of the cost of a project for which a 
grant is made under this division. 
(c) APPORTIONMENT OF GRANT AMOUNTS 
(1) BASES FOR APPORTIONMENT.—The amounts appropriated and 
made available for grants to the States— 
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(A) for the purposes of this division shall be apportioned among 
the States by the Secretary on the basis of needs as determined 
by the Secretary; and 
(B) for projects and programs under this division for each fiscal 
year shall be apportioned among the States as the Secretary deter-
mines to be appropriate. 
(2) NOTIFICATION.—The Secretary shall notify each State of its ap-
portionment under paragraph (1)(B) within 30 days after the date of 
enactment of legislation appropriating funds under this division. 
(3) REAPPORTIONMENT.—Any amount of any apportionment that 
has not been paid or obligated by the Secretary during the fiscal year 
in which the notification is given or during the 2 fiscal years after that 
fiscal year shall be reapportioned by the Secretary in accordance with 
paragraph (1)(B). The Secretary shall analyze and revise as necessary 
the method of apportionment. The method and any revision shall be 
published by the Secretary in the Federal Register. 
(4) TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS.— 
Not less than 10 percent of the annual apportionment distributed by 
the Secretary to each State for the purposes of carrying out this divi-
sion shall be transferred by the State, pursuant to the requirements of 
this division, to certified local governments for historic preservation 
projects or programs of the certified local governments. In any year in 
which the total annual apportionment to the States exceeds 
$65,000,000, 50 percent of the excess shall also be transferred by the 
States to certified local governments. 
(5) GUIDELINES FOR USE AND DISTRIBUTION OF FUNDS TO CER-
TIFIED LOCAL GOVERNMENTS.—The Secretary shall establish guide-
lines for the use and distribution of funds under paragraph (4) to en-
sure that no certified local government receives a disproportionate 
share of the funds available, and may include a maximum or minimum 
limitation on the amount of funds distributed to any single certified 
local government. The guidelines shall not limit the ability of any State 
to distribute more than 10 percent of its annual apportionment under 
paragraph (4), nor shall the Secretary require any State to exceed the 
10 percent minimum distribution to certified local governments. 
(d) ADMINISTRATIVE COSTS.—The total direct and indirect administra-
tive costs charged for carrying out State projects and programs shall not 
exceed 25 percent of the aggregate costs (except in the case of a grant to 
the Federated States of Micronesia, the Republic of the Marshall Islands, 
or the Republic of Palau). 
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