155 
(1) historic property under the jurisdiction or control of the agency 
is identified, evaluated, and nominated to the National Register; 
(2) historic property under the jurisdiction or control of the agency 
is managed and maintained in a way that considers the preservation of 
their historic, archeological, architectural, and cultural values in compli-
ance with section 306108 of this title and gives special consideration to 
the preservation of those values in the case of property designated as hav-
ing national significance; 
(3) the preservation of property not under the jurisdiction or control 
of the agency but potentially affected by agency actions is given full con-
sideration in planning; 
(4) the agency’s preservation-related activities are carried out in con-
sultation with other Federal, State, and local agencies, Indian tribes, Na-
tive Hawaiian organizations carrying out historic preservation planning 
activities, and the private sector; and 
(5) the agency’s procedures for compliance with section 306108 of this 
title— 
(A) are consistent with regulations promulgated by the Council 
pursuant to section 304108(a) and (b) of this title; 
(B) provide a process for the identification and evaluation of his-
toric property for listing on the National Register and the develop-
ment and implementation of agreements, in consultation with State 
Historic Preservation Officers, local governments, Indian tribes, Na-
tive Hawaiian organizations, and the interested public, as appro-
priate, regarding the means by which adverse effects on historic 
property will be considered; and 
(C) provide for the disposition of Native American cultural items 
from Federal or tribal land in a manner consistent with section 3(c) 
of the Native American Graves Protection and Repatriation Act (25 
U.S.C. 3002(c)). 
§ 306103. Recordation of historic property prior to alteration 
or demolition 
Each Federal agency shall initiate measures to ensure that where, as a re-
sult of Federal action or assistance carried out by the agency, a historic prop-
erty is to be substantially altered or demolished— 
(1) timely steps are taken to make or have made appropriate records; 
and 
(2) the records are deposited, in accordance with section 302107 of this 
title, in the Library of Congress or with such other appropriate agency 
as the Secretary may designate, for future use and reference. 
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§ 306104. Agency Preservation Officer 
The head of each Federal agency (except an agency that is exempted under 
section 304108(c) of this title) shall designate a qualified official as the agen-
cy’s Preservation Officer who shall be responsible for coordinating the agency’s 
activities under this division. Each Preservation Officer may, to be considered 
qualified, satisfactorily complete an appropriate training program established 
by the Secretary under section 306101(c) of this title. 
§ 306105. Agency programs and projects 
Consistent with the agency’s missions and mandates, each Federal agency 
shall carry out agency programs and projects (including those under which 
any Federal assistance is provided or any Federal license, permit, or other 
approval is required) in accordance with the purposes of this division and 
give consideration to programs and projects that will further the purposes of 
this division. 
§ 306106. Review of plans of transferees of surplus federally 
owned historic property 
The Secretary shall review and approve the plans of transferees of surplus 
federally owned historic property not later than 90 days after receipt of the 
plans to ensure that the prehistorical, historical, architectural, or culturally 
significant values will be preserved or enhanced. 
§ 306107. Planning and actions to minimize harm to Na-
tional Historic Landmarks 
Prior to the approval of any Federal undertaking that may directly and 
adversely affect any National Historic Landmark, the head of the responsible 
Federal agency shall to the maximum extent possible undertake such planning 
and actions as may be necessary to minimize harm to the landmark. The 
head of the Federal agency shall afford the Council a reasonable opportunity 
to comment with regard to the undertaking. 
§ 306108. Effect of undertaking on historic property 
The head of any Federal agency having direct or indirect jurisdiction over 
a proposed Federal or federally assisted undertaking in any State and the 
head of any Federal department or independent agency having authority to 
license any undertaking, prior to the approval of the expenditure of any Fed-
eral funds on the undertaking or prior to the issuance of any license, shall 
take into account the effect of the undertaking on any historic property. The 
head of the Federal agency shall afford the Council a reasonable opportunity 
to comment with regard to the undertaking. 
§ 306109. Costs of preservation as eligible project costs 
A Federal agency may include the costs of preservation activities of the 
agency under this division as eligible project costs in all undertakings of the 
agency or assisted by the agency. The eligible project costs may include 
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amounts paid by a Federal agency to a State to be used in carrying out the 
preservation responsibilities of the Federal agency under this division, and 
reasonable costs may be charged to Federal licensees and permittees as a con-
dition to the issuance of the license or permit. 
§ 306110. Annual preservation awards program 
The Secretary shall establish an annual preservation awards program 
under which the Secretary may make monetary awards in amounts of not 
to exceed $1,000 and provide citations for special achievement to officers and 
employees of Federal, State, and certified local governments in recognition of 
their outstanding contributions to the preservation of historic property. The 
program may include the issuance of annual awards by the President to any 
citizen of the United States recommended for the award by the Secretary. 
§ 306111. Environmental impact statement 
Nothing in this division shall be construed to— 
(1) require the preparation of an environmental impact statement 
where the statement would not otherwise be required under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or 
(2) provide any exemption from any requirement respecting the prepa-
ration of an environmental impact statement under that Act. 
§ 306112. Waiver of provisions in event of natural disaster or 
imminent threat to national security 
The Secretary shall promulgate regulations under which the requirements 
of this subchapter (except section 306108) may be waived in whole or in part 
in the event of a major natural disaster or an imminent threat to national 
security. 
§ 306113. Anticipatory demolition 
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 306108 of this title, has inten-
tionally significantly adversely affected a historic property to which the grant 
would relate, or having legal power to prevent it, has allowed the significant 
adverse effect to occur, unless the agency, after consultation with the Council, 
determines that circumstances justify granting the assistance despite the ad-
verse effect created or permitted by the applicant. 
§ 306114. Documentation 
of 
decisions 
respecting 
under-
takings 
With respect to any undertaking subject to section 306108 of this title that 
adversely affects any historic property 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 
306108 of this title. The head of the agency may not delegate the responsi-
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bility to document a decision pursuant to this section. Where an agreement 
pursuant to regulations issued by the Council has been executed with respect 
to an undertaking, the agreement shall govern the undertaking and all of its 
parts. 
Subchapter II—Lease, Exchange, or 
Management of Historic Property 
§ 306121. 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 property that is not needed 
for current or projected agency purposes; and 
(2) may lease 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 a lease under subsection (a) may be retained by the agency 
entering into the lease and used to defray the costs of administration, mainte-
nance, repair, and related expenses incurred by the agency with respect to 
that property or other property that is on the National Register that is owned 
by, or are under the jurisdiction or control of, the agency. Any surplus pro-
ceeds from the leases shall be deposited in the Treasury at the end of the 2d 
fiscal year following the fiscal year in which the proceeds are received. 
§ 306122. 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 
§ 306131. Standards and guidelines 
(a) STANDARDS.— 
(1) IN GENERAL.—Each Federal agency that is responsible for the pro-
tection of historic property (including archeological property) pursuant 
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 Sec-
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