dreamproit/uscode huggingface dataset:
54 U.S.C. § 302302 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302302. Program evaluation
(a) When Evaluation Should Occcur.—
Periodically, but not less than every 4 years after the approval of any State program under section 302301 of this title, the Secretary, in consultation with the Council on the appropriate provisions of this division, and in cooperation with the State Historic Preservation Officer, shall evaluate the program to determine whether it is consistent with this division.
(b) Disapproval of Program.—
If, at any time, the Secretary determines that a major aspect of a State program is not consistent with this division, the Secretary shall disapprove the program and suspend in whole or in part any contracts or cooperative agreements with the State and the State Historic Preservation Officer under this division, until the program is consistent with this division, unless the Secretary determines that the program will be made consistent with this division within a reasonable period of time.
(c) Oversight.—
The Secretary, in consultation with State Historic Preservation Officers, shall establish oversight methods to ensure State program consistency and quality without imposing undue review burdens on State Historic Preservation Officers.
(d) State Fiscal Audit and Management System.—
(1) Substitution for comparable federal systems.—
At the discretion of the Secretary, a State system of fiscal audit and management may be substituted for comparable Federal systems so long as the State system—
(A) establishes and maintains substantially similar accountability standards; and
(B) provides for independent professional peer review.
(2) Fiscal audits and review by secretary.—
The Secretary—
(A) may conduct periodic fiscal audits of State programs approved under this subdivision as needed; and
(B) shall ensure that the programs meet applicable accountability standards.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3195.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
302302
16 U.S.C. 470a(b)(2)
Pub. L. 89–665, title I, § 101(b)(2), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2990; Pub. L. 102–575, title XL, § 4004(1), Oct. 30, 1992, 106 Stat. 4753.
54 U.S.C. § 302303 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302303. Responsibilities of State Historic Preservation Officer
(a) In General.—
It shall be the responsibility of the State Historic Preservation Officer to administer the State Historic Preservation Program.
(b) Particular Responsibilities.—
It shall be the responsibility of the State Historic Preservation Officer to—
(1) in cooperation with Federal and State agencies, local governments, and private organizations and individuals, direct and conduct a comprehensive statewide survey of historic property and maintain inventories of the property;
(2) identify and nominate eligible property to the National Register and otherwise administer applications for listing historic property on the National Register;
(3) prepare and implement a comprehensive statewide historic preservation plan;
(4) administer the State program of Federal assistance for historic preservation within the State;
(5) advise and assist, as appropriate, Federal and State agencies and local governments in carrying out their historic preservation responsibilities;
(6) cooperate with the Secretary, the Council, other Federal and State agencies, local governments, and private organizations and individuals to ensure that historic property is taken into consideration at all levels of planning and development;
(7) provide public information, education, and training and technical assistance in historic preservation;
(8) cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified pursuant to chapter 3025;
(9) consult with appropriate Federal agencies in accordance with this division on—
(A) Federal undertakings that may affect historic property; and
(B) the content and sufficiency of any plans developed to protect, manage, or reduce or mitigate harm to that property; and
(10) advise andassist in the evaluation of proposals for rehabilitation projects that may qualify for Federal assistance.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3195.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
302303
16 U.S.C. 470a(b)(3)
Pub. L. 89–665, title I, § 101(b)(3), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2991; Pub. L. 102–575, title XL, § 4004(2), Oct. 30, 1992, 106 Stat. 4754.
In paragraph (6) of subsection (b), the word “private” is added before “oranizations” for consistency with paragraph (1).
54 U.S.C. § 302501 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302501. Definitions
In this chapter:
(1) Designation.—
The term “designation” means the identification and registration of property for protection that meets criteria established 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 property designated pursuant to this chapter.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3197.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
302501
16 U.S.C. 470a(c)(4)
Pub. L. 89–665, title I, § 101(c)(4), as added Pub. L. 102–575, title XL, § 4005, Oct. 30, 1992, 106 Stat. 4755.
54 U.S.C. § 302502 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302502. Certification as part of State program
Any State program approved under this subdivision shall provide a mechanism 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 governments.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3197.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
302502
16 U.S.C. 470a(c)(1) (1st sentence)
Pub. L. 89–665, title I, § 101(c)(1) (1st sentence), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2991.
54 U.S.C. § 302503 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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;
(3) maintains a system for the survey and inventory of historic property that furthers the purposes of chapter 3023;
(4) provides for adequate public participation in the local historic preservation program, including the process of recommending properties 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 government 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3197.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
302503
16 U.S.C. 470a(c)(1) (2d, last sentences)
Pub. L. 89–665, title I, § 101(c)(1) (2d, last sentences), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2991.
In subsection (b), the words “State program approved under section 302302 of this title” are substituted for “approved State program” for clarity.
54 U.S.C. § 302504 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302504. Participation of certified local governments in National 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 Officer shall notify the owner, the applicable chief local elected official, and the local historic preservation commission.
(b) Report.—
The local historic preservation commission, after reasonable 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 Officer, the chief local elected official shall transmit the report of the commission and the recommendation of the local official to the State Historic Preservation Officer.
(c) Recommendation.—
(1) Property nominated to national register.—
Except as provided in paragraph (2), after receipt of the report and recommendation, 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 Preservation 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 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3198.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
302504
16 U.S.C. 470a(c)(2)
Pub. L. 89–665, title I, § 101(c)(2), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2992.
54 U.S.C. § 302505 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302505. Eligibility and responsibility of certified local government
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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3198.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
302505
16 U.S.C. 470a(c)(3)
Pub. L. 89–665, title I, § 101(c)(3), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2992.
The words “or which is making efforts to become so certified” are omitted in paragraph (1) for consistency with section 302902(c)(4) of the new title.
54 U.S.C. § 302701 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302701. Program to assist Indian tribes in preserving historic property
(a) Establishment of Program.—
The Secretary shall establish a program 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 preservation 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 Preservation Officers, and Federal agencies in historic preservation planning and in the identification, evaluation, protection, and interpretation of historic property.
(c) Tribal Values.—
The program under subsection (a) shall be developed 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.
(d) Scope of Tribal Programs.—
The tribal programs implemented by specific tribal organizations may vary in scope, as determined by each Indian tribe’s chief governing authority.
(e) Consultation.—
The Secretary shall consult with Indian tribes, other Federal agencies, State Historic Preservations Officers, and other interested parties concerning the program under subsection (a).
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3199.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
302701
16 U.S.C. 470a(d)(1)
Pub. L. 89–665, title I, § 101(d)(1), as added Pub. L. 102–575, title XL, § 4006(a)(2), Oct. 30, 1992, 106 Stat. 4755.
In subsection (e), the words “and initiate the program under subparagraph (A) by not later than October 1, 1994” are omitted as obsolete.
54 U.S.C. § 302702 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 administer 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 section 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 Secretary 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 addition to the tribal preservation official, may exercise the historic preservation responsibilities in accordance with sections 302302 and 302303 of this title; and
(5) based on satisfaction of the conditions stated in paragraphs (1), (2), (3), and (4), the Secretary approves the plan.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3199.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
302702
16 U.S.C. 470a(d)(2)
Pub. L. 89–665, title I, § 101(d)(2), as added Pub. L. 102–575, title XL, § 4006(a)(2), Oct. 30, 1992, 106 Stat. 4756; Pub. L. 106—208, § 5(a)(1), May 26, 2000, 114 Stat. 318.
54 U.S.C. § 302703 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302703. Apportionment of grant funds
In consultation with interested Indian tribes, other Native American organizations, 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3200.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
302703
16 U.S.C. 470a(d)(3)
Pub. L. 89–665, title I, § 101(d)(3), as added Pub. L. 102–575, title XL, § 4006(a)(2), Oct. 30, 1992, 106 Stat. 4756.
54 U.S.C. § 302704 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 cooperative agreement and this division; and
(3) the contract or cooperative agreement specifies the continuing responsibilities of the Secretary or of the appropriate State Historic Preservation 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 responsibilities; and
(C) the interested public.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3200.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
302704
16 U.S.C. 470a(d)(4)
Pub. L. 89–665, title I, § 101(d)(4), as added Pub. L. 102–575, title XL, § 4006(a)(2), Oct. 30, 1992, 106 Stat. 4757.
54 U.S.C. § 302705 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302705. Agreement for review under tribal historic preservation 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 Preservation Officers, determines that the tribal preservation regulations will afford historic property consideration equivalent to that afforded by the Council’s regulations.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3201.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
302705
16 U.S.C. 470a(d)(5)
Pub. L. 89–665, title I, § 101(d)(5), as added Pub. L. 102–575, title XL, § 4006(a)(2), Oct. 30, 1992, 106 Stat. 4757.
54 U.S.C. § 302706 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302706. Eligibility for inclusion on National Register
(a) In General.—
Property of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization may be determined 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 significance 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 cultural 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 significance of a property in determining whether to nominate the property to the National Register and to carry out the cultural component of the preservation program or plan.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3201.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
302706
16 U.S.C. 470a(d)(6)
Pub. L. 89–665, title I, § 101(d)(6), as added Pub. L. 102–575, title XL, § 4006(a)(2), Oct. 30, 1992, 106 Stat. 4757.
54 U.S.C. § 302901 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302901. Awarding of grants and availability of grant funds
(a) In General.—
No grant may be made under this division unless application for the grant is submitted to the Secretary in accordance with regulations and procedures prescribed by the Secretary.
(b) Grant Not Treated as Taxable Income.—
No grant made pursuant 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 individual States and the National Trust as soon as practicable after execution of a grant agreement. For purposes of administration, grants to individual States and the National Trust each shall be deemed to be one grant and shall be administered by the Service as one grant.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3202.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
302901(a)
16 U.S.C. 470b(a) (1st sentence paragraph (1))
Pub. L. 89–665, title I, § 102(a) (1st sentence paragraph (1)), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, § 201(1), Sept. 28, 1976, 90 Stat. 1319.
302901(b)
16 U.S.C. 470b(a) (last sentence)
Pub. L. 89–665, title I, § 102(a) (last sentence), as added Pub. L. 96–515, title II, § 202(b), Dec. 12, 1980, 94 Stat. 2993; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.
302901(c)
16 U.S.C. 470b(d) (relating to availability)
Pub. L. 89–665, title I, § 102(d) (relating to availability), as added Pub. L. 102–575, title XL, § 4009(3), Oct. 30, 1992, 106 Stat. 4759.
In subsection (b), the words “Notwithstanding any other provision of law” are omitted as unnecessary.