120 
201101.
Findings. 
201102.
Declaration of policy. 
201103.
Definitions. 
§ 201101. Findings 
Congress finds that— 
(1) the spirit and direction of the Nation are founded on and re-
flected in its historic heritage; 
(2) the historical and cultural foundations of the Nation should be 
preserved as a living part of our community life and development in 
order to give a sense of orientation to the American people; 
(3) historic properties significant to the Nation’s heritage are being 
lost or substantially altered, often inadvertently, with increasing fre-
quency; 
(4) the preservation of this irreplaceable heritage is in the public in-
terest so that its vital legacy of cultural, educational, aesthetic, inspira-
tional, economic, and energy benefits will be maintained and enriched 
for future generations of Americans; 
(5) in the face of ever-increasing extensions of urban centers, high-
ways, and residential, commercial, and industrial developments, the 
governmental and nongovernmental historic preservation programs and 
activities as of December 12, 1980, were inadequate to ensure future 
generations a genuine opportunity to appreciate and enjoy the rich her-
itage of our Nation; 
(6) the increased knowledge of our historic properties, the establish-
ment of better means of identifying and administering them, and the 
encouragement of their preservation will improve the planning and exe-
cution of Federal and federally assisted projects and will assist eco-
nomic growth and development; and 
(7) although the major burdens of historic preservation have been 
borne and major efforts initiated by private agencies and individuals, 
and both should continue to play a vital role, it is nevertheless nec-
essary and appropriate for the Federal Government to accelerate its 
historic preservation programs and activities, to give maximum encour-
agement to agencies and individuals undertaking preservation by pri-
vate means, and to assist State and local governments and the National 
Trust to expand and accelerate their historic preservation programs 
and activities. 
§ 201102. Declaration of policy 
It is the policy of the Federal Government, in cooperation with other na-
tions and in partnership with States, local governments, Indian tribes, Na-
tive Hawaiians, and private organizations and individuals, to— 
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(1) use measures, including financial and technical assistance, to fos-
ter conditions under which our modern society and our historic prop-
erties can exist in productive harmony and fulfill the social, economic, 
and other requirements of present and future generations; 
(2) provide leadership in the preservation of the historic properties 
of the United States and of the international community of nations and 
in the administration of the national preservation program; 
(3) administer federally owned, administered, or controlled historic 
properties in a spirit of stewardship for the inspiration and benefit of 
present and future generations; 
(4) contribute to the preservation of nonfederally owned historic 
properties and give maximum encouragement to organizations and indi-
viduals undertaking preservation by private means; 
(5) encourage the public and private preservation and utilization of 
all usable elements of the Nation’s historic built environment; and 
(6) assist State and local governments, Indian tribes and Native Ha-
waiian organizations, and the National Trust to expand and accelerate 
their historic preservation programs and activities. 
§ 201103. Definitions 
In this division: 
(1) AGENCY.—The term ‘‘agency’’ has the meaning given the term 
in section 551 of title 5. 
(2) CERTIFIED LOCAL GOVERNMENT.—The term ‘‘certified local gov-
ernment’’ means a local government whose local historic preservation 
program is certified pursuant to chapter 2027 of this title. 
(3) COUNCIL.—The term ‘‘Council’’ means the Advisory Council on 
Historic Preservation established by section 204101 of this title. 
(4) CULTURAL PARK.—The term ‘‘cultural park’’ means a definable 
area that— 
(A) is distinguished by historic properties and land related to 
those properties; and 
(B) constitutes an interpretive, educational, and recreational re-
source for the public at large. 
(5) HISTORIC CONSERVATION DISTRICT.—The term ‘‘historic con-
servation district’’ means an area that contains— 
(A) historic properties; 
(B) buildings having similar or related architectural characteris-
tics; 
(C) cultural cohesiveness; or 
(D) any combination of features described in subparagraphs (A) 
to (C). 
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(6) HISTORIC PRESERVATION FUND.—The term ‘‘Historic Preserva-
tion Fund’’ means the Historic Preservation Fund established under 
section 205511 of this title. 
(7) HISTORIC PRESERVATION REVIEW COMMISSION.—The term ‘‘his-
toric preservation review commission’’ means a board, council, commis-
sion, or other similar collegial body— 
(A) that is established by State or local legislation as provided 
in section 202702(a)(2) of this title; and 
(B) the members of which are appointed by the chief elected of-
ficial of a jurisdiction (unless State or local law provides for ap-
pointment by another official) from among— 
(i) professionals in the disciplines of architecture, history, 
architectural history, planning, prehistoric and historic ar-
chaeology, folklore, cultural anthropology, curation, conserva-
tion, and landscape architecture, or related disciplines, to the 
extent that those professionals are available in the commu-
nity; and 
(ii) other individuals who have demonstrated special inter-
est, experience, or knowledge in history, architecture, or re-
lated disciplines and will provide for an adequate and quali-
fied commission. 
(8) HISTORIC PROPERTY.—The term ‘‘historic property’’ means any 
prehistoric or historic property included on, or eligible for inclusion on, 
the National Register. 
(9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means an Indian tribe, 
band, nation, or other organized group or community, including a Na-
tive village, Regional Corporation or Village Corporation (as those 
terms are defined in section 3 of the Alaska Native Claims Settlement 
Act (16 U.S.C. 1602)), that is recognized as eligible for the special pro-
grams and services provided by the United States to Indians because 
of their status as Indians. 
(10) LOCAL GOVERNMENT.—The term ‘‘local government’’ means a 
city, county, parish, township, municipality, or borough, or any other 
general purpose political subdivision of any State. 
(11) NATIONAL REGISTER.—The term ‘‘National Register’’ means 
the National Register of Historic Places maintained under chapter 
2023 of this title. 
(12) NATIVE HAWAIIAN.—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 con-
stitutes Hawaii. 
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(13) NATIVE HAWAIIAN ORGANIZATION.— 
(A) IN GENERAL.—The term ‘‘Native Hawaiian organization’’ 
means any organization that— 
(i) serves and represents the interests of Native Hawaiians; 
(ii) has as a primary and stated purpose the provision of 
services to Native Hawaiians; and 
(iii) has demonstrated expertise in aspects of historic pres-
ervation that are culturally significant to Native Hawaiians. 
(B) INCLUSIONS.—The term ‘‘Native Hawaiian organization’’ 
includes the Office of Hawaiian Affairs of Hawaii and Hui 
Malama I Na Kupuna O Hawai’i Nei, an organization incor-
porated under the laws of Hawaii. 
(14) PRESERVATION OR HISTORIC PRESERVATION.—The term ‘‘pres-
ervation’’ or ‘‘historic preservation’’ includes— 
(A) identification, evaluation, recordation, documentation, 
curation, acquisition, protection, management, rehabilitation, res-
toration, stabilization, maintenance, research, interpretation, and 
conservation; 
(B) education and training regarding the foregoing activities; or 
(C) any combination of the foregoing activities. 
(15) PROPERTY.— 
(A) IN GENERAL.—The term ‘‘property’’ means a district, site, 
building, structure, or object. 
(B) INCLUSIONS.—The term ‘‘property’’ includes artifacts, 
records, and material remains that are related to a district, site, 
building, structure, or object. 
(16) STATE.—The term ‘‘State’’ means a State, the District of Co-
lumbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, the 
Northern Mariana Islands, the Marshall Islands, the Federated States 
of Micronesia, and Palau. 
(17) STATE HISTORIC PRESERVATION REVIEW BOARD.—The term 
‘‘State historic preservation review board’’ means a board, council, 
commission, or other similar collegial body established as provided in 
section 202501(2) of this title— 
(A) the members of which are appointed by the State Historic 
Preservation Officer (unless otherwise provided for by State law); 
(B) a majority of the members of which are professionals quali-
fied in history, prehistoric and historic archaeology, architectural 
history, architecture, folklore, cultural anthropology, curation, con-
servation, landscape architecture, and related disciplines; and 
(C) that has the authority to— 
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