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54 U.S.C. § 302104 — Nominations for inclusion on National Register

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

54 U.S.C. § 302104 — Nominations for inclusion on National Register

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Stable record: federal_law:legal_authorities:record_usc_1f1403ccbdece84e01b41db4
Source file: Laws/federal/codes/united-states-code/title-54/section-302104-nominations-for-inclusion-on-national-register--4685aa4def.md
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Source location: Title 54, Chapter 3021, § 302104; chapter-3021-chapter-3021.md

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**(a) Nomination by State.—** Subject to the requirements of [section 302107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302107&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302103&num=0&edition=prelim) for inclusion on the National Register. Subject to [section 302107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302107&num=0&edition=prelim), any property nominated under this subsection or under [section 306102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306102&num=0&edition=prelim) 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 (d). **(b) Nomination by Person or Local Government.—** Subject to the requirements of [section 302107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302107&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302103&num=0&edition=prelim). The determination shall be made within 90 days from the date of the nomination unless the nomination is appealed under subsection (d). **(c) Nomination by Federal Agency.—** Subject to the requirements of [section 302107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302107&num=0&edition=prelim), the regulations promulgated under [section 302103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302103&num=0&edition=prelim), and appeal under subsection (d) of this section, the Secretary may accept a nomination directly by a Federal agency for inclusion of property on the National Register only if— (1) completed nominations are sent to the State Historic Preservation Officer for review and comment regarding the adequacy of the nomination, the significance of the property and its eligibility for the National Register; (2) within 45 days of receiving the completed nomination, the State Historic Preservation Officer has made a recommendation regarding the nomination to the Federal Preservation Officer, except that failure to meet this deadline shall constitute a recommendation to not support the nomination; (3) the chief elected officials of the county (or equivalent governmental unit) and municipal political jurisdiction in which the property is located are notified and given 45 days in which to comment; (4) the Federal Preservation Officer forwards it to the Keeper of the National Register of Historic Places after determining that all procedural requirements have been met, including those in paragraphs (1) through (3) above; the nomination is adequately documented; the nomination is technically and professionally correct and sufficient; and may include an opinion as to whether the property meets the National Register criteria for evaluation; (5) notice is provided in the Federal Register that the nominated property is being considered for listing on the National Register that includes any comments and the recommendation of the State Historic Preservation Officer and a declaration whether the State Historic Preservation Officer has responded within the 45 day-period of review provided in paragraph (2); and (6) the Secretary addresses in the Federal Register any comments from the State Historic Preservation Officer that do not support the nomination of the property on the National Register before the property is included in the National Register. **(d) 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.

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

54 U.S.C. § 306102 — Preservation program

**(a) Establishment.—** Each Federal agency shall establish (except for programs or undertakings exempted pursuant to [section 304108(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section304108/c&num=0&edition=prelim)), in consultation with the Secretary, a preservation program for the identification, evaluation, and nomination to the National Register, and protection, of historic property. **(b) Requirements.—** The program shall ensure that— (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 compliance with [section 306108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim) and gives special consideration to the preservation of those values in the case of property designated as having 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 consideration in planning; (4) the agency’s preservation-related activities are carried out in consultation with other Federal, State, and local agencies, Indian tribes, Native 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim)— (A) are consistent with regulations promulgated by the Cou

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

54 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302902/c/4&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 302107

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

54 U.S.C. § 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 302103

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

54 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302104&num=0&edition=prelim). 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 nomi

Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 302504

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