113 
(e) NO LAND ACQUISITION.—No funds made available under this chapter 
shall be used for the acquisition of land or an interest in land. 
Subtitle III—National Preservation 
Programs 
Division A—Historic Preservation 
Subdivision 1—General Provisions 
Chapter 3001—Policy 
Sec. 
300101.
Policy. 
§ 300101. 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 Hawaiian organizations, and private organizations and individuals, to— 
(1) use measures, including financial and technical assistance, to fos-
ter conditions under which our modern society and our historic prop-
erty 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 property 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 
property in a spirit of stewardship for the inspiration and benefit of 
present and future generations; 
(4) contribute to the preservation of nonfederally owned historic 
property 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. 
Chapter 3003—Definitions 
Sec. 
300301.
Agency. 
300302.
Certified local government. 
300303.
Council. 
300304.
Cultural park. 
300305.
Historic conservation district. 
300306.
Historic Preservation Fund. 
300307.
Historic preservation review commission. 
300308.
Historic property. 
300309.
Indian tribe. 
300310.
Local government. 
300311.
National Register. 
300312.
National Trust. 
300313.
Native Hawaiian. 
300314.
Native Hawaiian organization. 
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300315.
Preservation or historic preservation. 
300316.
Secretary. 
300317.
State. 
300318.
State historic preservation review board. 
300319.
Tribal land. 
300320.
Undertaking. 
300321.
World Heritage Convention. 
§ 300301. Agency 
In this division, the term ‘‘agency’’ has the meaning given the term in 
section 551 of title 5. 
§ 300302. Certified local government 
In this division, the term ‘‘certified local government’’ means a local gov-
ernment whose local historic preservation program is certified pursuant to 
chapter 3025 of this title. 
§ 300303. Council 
In this division, the term ‘‘Council’’ means the Advisory Council on His-
toric Preservation established by section 304101 of this title. 
§ 300304. Cultural park 
In this division, the term ‘‘cultural park’’ means a definable area that— 
(A) is distinguished by historic property, prehistoric property, and 
land related to that property; and 
(B) constitutes an interpretive, educational, and recreational re-
source for the public at large. 
§ 300305. Historic conservation district 
In this division, the term ‘‘historic conservation district’’ means an area 
that contains— 
(1) historic property; 
(2) buildings having similar or related architectural characteristics; 
(3) cultural cohesiveness; or 
(4) any combination of features described in paragraphs (1) to (3). 
§ 300306. Historic Preservation Fund 
In this division, the term ‘‘Historic Preservation Fund’’ means the His-
toric Preservation Fund established under section 303101 of this title. 
§ 300307. Historic preservation review commission 
In this division, the term ‘‘historic preservation review commission’’ 
means a board, council, commission, or other similar collegial body— 
(1) that is established by State or local legislation as provided in sec-
tion 302503(a)(2) of this title; and 
(2) the members of which are appointed by the chief elected official 
of a jurisdiction (unless State or local law provides for appointment by 
another official) from among— 
(A) professionals in the disciplines of architecture, history, ar-
chitectural history, planning, prehistoric and historic archeology, 
folklore, cultural anthropology, curation, conservation, and land-
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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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