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54 U.S.C. § 302102 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302102. Inclusion of properties on National Register
(a) In General.—
A property that meets the criteria for National Historic Landmarks established pursuant to section 302103 of this title shall be designated as a National Historic Landmark and included on the National Register, subject to the requirements of section 302107 of this title.
(b) Historic Property on National Register on December 12, 1980.—
All historic property included on the National Register on December 12, 1980, shall be deemed to be included on the National Register as of their initial listing for purposes of this division.
(c) Historic Property Listed in Federal Register of February 6, 1979, or Prior to December 12, 1980, as National Historic Landmarks.—
All historic property listed in the Federal Register of February 6, 1979, or prior to December 12, 1980, as National Historic Landmarks are declared by Congress to be National Historic Landmarks of national historic significance as of their initial listing in the Federal Register for purposes of this division and chapter 3201 of this title, except that in the case of a National Historic Landmark district for which no boundaries had been established as of December 12, 1980, boundaries shall first be published in the Federal Register.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3191.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
302102
16 U.S.C. 470a(a)(1)(B).
Pub. L. 89–665, title I, § 101(a)(1)(B), 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. 2988; Pub. L. 103–437, § 6(d)(29), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(2)(F), Nov. 12, 1996, 110 Stat. 4196.
In subsection (c), the words “had been established as of December 12, 1980” are substituted for “have been established” for clarity.
54 U.S.C. § 302103 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302103. Criteria and regulations relating to National Register, National Historic Landmarks, and World Heritage List
The Secretary, in consultation with national historical and archeological associations, shall—
(1) establish criteria for properties to be included on the National Register and criteria for National Historic Landmarks; and
(2) promulgate regulations for—
(A) nominating properties for inclusion on, and removal from, the National Register and the recommendation of properties by certified local governments;
(B) designating properties as National Historic Landmarks and removing that designation;
(C) considering appeals from recommendations, nominations, removals, and designations (or any failure or refusal by a nominating authority to nominate or designate);
(D) nominating historic property for inclusion in the World Heritage List in accordance with the World Heritage Convention;
(E) making determinations of eligibility of properties for inclusion on the National Register; and
(F) notifying the owner of a property, any appropriate local governments, and the general public, when the property is being considered for inclusion on the National Register, for designation as a National Historic Landmark, or for nomination to the World Heritage List.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3192.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
302103
16 U.S.C. 470a(a)(2).
Pub. L. 89–665, title I, § 101(a)(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. 2988.
The words “or revise” are omitted as being included in “establish” and “promulgate”.
54 U.S.C. § 302104 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302104. Nominations for inclusion on National Register
(a) Nomination by State.—
Subject to the requirements of section 302107 of this title, any State that is carrying out a program approved under chapter 3023 shall nominate to the Secretary property that meets the criteria promulgated under section 302103 of this title for inclusion on the National Register. Subject to section 302107 of this title, any property nominated under this subsection or under section 306102 of this title shall be included on the National Register on the date that is 45 days after receipt by the Secretary of the nomination and the necessary documentation, unless the Secretary disapproves the nomination within the 45-day period or unless an appeal is filed under subsection (c).
(b) Nomination by Person or Local Government.—
Subject to the requirements of section 302107 of this title, the Secretary may accept a nomination directly from any person or local government for inclusion of a property on the National Register only if the property is located in a State where there is no program approved under chapter 3023 of this title. The Secretary may include on the National Register any property for which such a nomination is made if the Secretary determines that the property is eligible in accordance with the regulations promulgated under section 302103 of this title. The determination shall be made within 90 days from the date of the nomination unless the nomination is appealed under subsection (c).
(c) Appeal.—
Any person or local government may appeal to the Secretary—
(1) a nomination of any property for inclusion on the National Register; and
(2) the failure of a nominating authority to nominate a property in accordance with this chapter.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3192.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
302104
16 U.S.C. 470a(a)(3) through (5).
Pub. L. 89–665, title I, § 101(a)(3) through (5), 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. 2989.
In subsection (c)(1), the word “historic” is omitted because a historic property already is eligible for inclusion on the National Register and would not have to be nominated for inclusion.
In subsection (c)(2), the words “or refusal” are omitted as unnecessary.
54 U.S.C. § 302105 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302105. Owner participation in nomination process
(a) Regulations.—
The Secretary shall promulgate regulations requiring that before any property may be included on the National Register or designated as a National Historic Landmark, the owner of the property, or a majority of the owners of the individual properties within a district in the case of a historic district, shall be given the opportunity (including a reasonable period of time) to concur in, or object to, the nomination of the property for inclusion or designation. The regulations shall include provisions to carry out this section in the case of multiple ownership of a single property.
(b) When Property Shall Not Be Included on National Register or Designated as National Historic Landmark.—
If the owner of any privately owned property, or a majority of the owners of privately owned properties within the district in the case of a historic district, object to inclusion or designation, the property shall not be included on the National Register or designated as a National Historic Landmark until the objection is withdrawn.
(c) Review by Secretary.—
The Secretary shall review the nomination of the property when an objection has been made and shall determine whether or not the property is eligible for inclusion or designation. If the Secretary determines that the property is eligible for inclusion or designation, the Secretary shall inform the Advisory Council on Historic Preservation, the appropriate State Historic Preservation Officer, the appropriate chief elected local official, and the owner or owners of the property of the Secretary’s determination.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3193.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
302105(a)
16 U.S.C. 470a(a)(6) (1st, last sentences).
Pub. L. 89–665, title I, § 101(a)(6), 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. 2989.
302105(b)
16 U.S.C. 470a(a)(6) (2d sentence).
302105(c)
16 U.S.C. 470a(a)(6) (3d sentence).
54 U.S.C. § 302106 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302106. Retention of name
Notwithstanding section 43(c) of the Act of July 5, 1946 (known as the Trademark Act of 1946) (15 U.S.C. 1125(c)), buildings and structures on or eligible for inclusion on the National Register (either individually or as part of a historic district), or designated as an individual landmark or as a contributing building in a historic district by a unit of State or local government, may retain the name historically associated with the building or structure.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3193.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
302106
16 U.S.C. 470a(a)(1)(A) (last sentence).
Pub. L. 89–665, title I, § 101(a)(1)(A) (last sentence), as added Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3007], Nov. 29, 1999, 113 Stat. 1536, 1501A–551.
54 U.S.C. § 302107 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302107. Regulations
The Secretary shall promulgate regulations—
(1) ensuring that significant prehistoric and historic artifacts, and associated records, subject to subchapter I of chapter 3061, chapter 3125, or the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) are deposited in an institution with adequate long-term curatorial capabilities;
(2) establishing a uniform process and standards for documenting historic property by public agencies and private parties for purposes of incorporation into, or complementing, the national historical architectural and engineering records in the Library of Congress; and
(3) certifying local governments, in accordance with sections 302502 and 302503 of this title, and for the transfer of funds pursuant to section 302902(c)(4) of this title.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3194.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
302107
16 U.S.C. 470a(a)(7).
Pub. L. 89–665, title I, § 101(a)(7), 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.
In paragraph (3), the word “transfer” is substituted for “allocation” for consistency with section 302902(c)(4) of the new title.
heading: References in Text
text: The Archaeological Resources Protection Act of 1979, referred to in par. (1), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§ 470aa et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 470aa of Title 16 and Tables.
54 U.S.C. § 302108 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302108. Review of threats to historic property
At least once every 4 years, the Secretary, in consultation with the Council and with State Historic Preservation Officers, shall review significant threats to historic property to—
(1) determine the kinds of historic property that may be threatened;
(2) ascertain the causes of the threats; and
(3) develop and submit to the President and Congress recommendations for appropriate action.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3194.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
302108
16 U.S.C. 470a(a)(8).
Pub. L. 89–665, title I, § 101(a)(8), as added Pub. L. 102–575, title XL, § 4003, Oct. 30, 1992, 106 Stat. 4753.
54 U.S.C. § 302301 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302301. Regulations
The Secretary, in consultation with the National Conference of State Historic Preservation Officers and the National Trust, shall promulgate regulations for State Historic Preservation Programs. The regulations shall provide that a State program submitted to the Secretary under this chapter shall be approved by the Secretary if the Secretary determines that the program provides for—
(1) the designation and appointment by the chief elected official of the State of a State Historic Preservation Officer to administer the program in accordance with section 302303 of this title and for the employment or appointment by the officer of such professionally qualified staff as may be necessary for those purposes;
(2) an adequate and qualified State historic preservation review board designated by the State Historic Preservation Officer unless otherwise provided for by State law; and
(3) adequate public participation in the State Historic Preservation Program, including the process of recommending properties for nomination to the National Register.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3194.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
302301
16 U.S.C. 470a(b)(1).
Pub. L. 89–665, title I, § 101(b)(1), 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.
Before paragraph (1), the words “or revise” are omitted as unnecessary.
In paragraph (1), the words “chief elected official” are substituted for “Governor” for clarity because the definition of “State” in section 300316 of the new title includes entities in which the chief elected official is not the Governor.
54 U.S.C. § 302302 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 302302. Program evaluation
(a) When Evaluation Should Occcur 1.—
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
Revised
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 and assist 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 “organizations” 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.)
text: Historical and Revision Notes
Revised
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.)
text: Historical and Revision Notes
Revised
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.)
text: Historical and Revision Notes
Revised
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.