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54 U.S.C. § 306102 — Preservation program
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_43b8fda6f703bbcd69c9f1f8
Source file: Laws/federal/codes/united-states-code/title-54/section-306102-preservation-program--2e7d185e1a.md
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Passage SHA-256: c1a90fc8c74462c3698ce0ea17953df9764c1aed3aa0ca268a8343ada556cd2c
Source location: Title 54, Chapter 3061, § 306102; chapter-3061-chapter-3061.md
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**(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 Council pursuant to section 304108(a) and (b) of this title;
(B) provide a process for the identification and evaluation of historic property for listing on the National Register and the development and implementation of agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3002/c&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
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 Federal 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 306108
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Federal law — U.S. Code and appendices · legal_authorities
**(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 regulation
Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 302104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Agency head responsibility.—** — The head of each Federal agency shall assume responsibility for the preservation of historic property that is owned or controlled by the agency.
(2) **Use of available historic property.—** — Prior to acquiring, constructing, or leasing a building for purposes of carrying out agency responsibilities, a Federal agency shall use, to the maximum extent feasible, historic property available to the agency, in accordance with Executive Order No. 13006 ([40 U.S.C. 3306](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3306&num=0&edition=prelim) note).
(3) **Necessary preservation.—** — Each Federal agency shall undertake, consistent with the preservation of historic property, the mission of the agency, and the professional standards established pursuant to subsection (c), any preservation as may be necessary to carry out this chapter.
**(b) Guidelines for Federal Agency Responsibility for Agency-Owned Historic Property.—** In consultation with the Council, the Secretary shall promulgate guidelines for Federal agency responsibilities under this subchapter (except section 306108).
**(c) Professional Standards for Preservation of Federally Owned or Controlled Historic Property.—** The Secretary shall establish, in consultation with the Secretary of Agriculture, the Secretary of Defense, the Smithsonian Institution, and the Administrator of General Services, professional standards for the preservation of historic property in Federal ownership or control.
Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 306101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Native American human remains and objects** The ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, shall be (with priority given in the order listed)—
(1) in the case of Native American human remains and associated funerary objects, in the lineal descendants of the Native American; or
(2) in any case in which such lineal descendants cannot be ascertained, and in the case of unassociated funerary objects, sacred objects, and objects of cultural patrimony—
(A) in the Indian tribe or Native Hawaiian organization on whose tribal land such objects or remains were discovered;
(B) in the Indian tribe or Native Hawaiian organization which has the closest cultural affiliation with such remains or objects and which, upon notice, states a claim for such remains or objects; or
(C) if the cultural affiliation of the objects cannot be reasonably ascertained and if the objects were discovered on Federal land that is recognized by a final judgment of the Indian Claims Commission or the United States Court of Claims as the aboriginal land of some Indian tribe— (1) in the Indian tribe that is recognized as aboriginally occupying the area in which the objects were discovered, if upon notice, such tribe states a claim for such remains or objects, or (2) if it can be shown by a preponderance of the evidence that a different tribe has a stronger cultural relationship with the remains or objects than the tribe or organization specified in paragraph (1), in the Indian tribe that has the strongest demonstrated relationship, if upon notice, such tribe states a claim for such remains or objects.
**(b) Unclaimed Native American human remains and objects** Native American cultural items not c
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3002
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Federal law — U.S. Code and appendices · legal_authorities
Page 531
TITLE 25—INDIANS
§ 3002
The Alaska Native Claims Settlement Act, referred
to in par. (7), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,
which is classified generally to chapter 33 (§ 1601 et seq.)
of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under
section 1601 of Title 43 and Tables.
The Hawaiian Homes Commission Act, 1920, referred
to in par. (15)(C), is act July 9, 1921, ch. 42, 42 Stat. 108,
which was classified generally to sections 691 to 718 of
Title 48, Territories and Insular Possessions, and was
omitted from the Code.
Section 4 of Public Law 86–3, referred to in par.
(15)(C), is section 4 of Pub. L. 86–3, which is set out as
a note preceding section 491 of Title 48.
AMENDMENTS
1992—Par. (13). Pub. L. 102–572 substituted ‘‘United
States Court of Federal Claims’’ for ‘‘United States
Claims Court’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–572 effective Oct. 29, 1992,
see section 911 of Pub. L. 102–572, set out as a note
under section 171 of Title 28, Judiciary and Judicial
Procedure.
SHORT TITLE
Pub. L. 101–601, § 1, Nov. 16, 1990, 104 Stat. 3048, pro-
vided that: ‘‘This Act [enacting this chapter and sec-
tion 1170 of Title 18, Crimes and Criminal Procedure]
may be cited as the ‘Native American Graves Protec-
tion and Repatriation Act’.’’
§ 3002. Ownership
(a) Native American human remains and objects
The ownership or control of Native American
cultural items which are excavated or discov-
ered on Federal or tribal lands after November
16, 1990, shall be (with priority given in the order
listed)—
(1) in the case of Native American human re-
mains and associated funerary objects, in the
lineal descenda
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3002
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 3002. This identifies an authority to review, not proof of applicability.