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54 U.S.C. § 302301 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302303&num=0&edition=prelim) 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 302301

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Stable record: federal_law:legal_authorities:record_usc_1db3a1cff4bc6cc60c2322eb
Source file: Laws/federal/codes/united-states-code/title-54/section-302301-regulations--9af97c6d61.md
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Passage SHA-256: c4ea282c5078d01a5d751419abcbaeff7df1102141601ba601dbcfe09725c74b

Source location: Title 54, Chapter 3023, § 302301; chapter-3023-chapter-3023.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302303&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 302303

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 302302 — Program evaluation

**(a) When Evaluation Should Occcur 11 So in original. Probably should be “Occur”..—** Periodically, but not less than every 4 years after the approval of any State program under [section 302301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302301&num=0&edition=prelim), 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 secret

Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 302302

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