The National Historic Preservation Act

Page 85

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

§ 200509. Recordkeeping
(a) IN GENERAL.—A recipient of assistance
under this chapter shall keep such records as the
Secretary shall prescribe, including—
(1) records that disclose—
(A) the amount and disposition of project
undertakings in connection with which assistance under this chapter is given or used;
and
(B) the amount and nature of the portion
of the cost of the project or undertaking
that is supplied by other sources; and

(c) INNOVATION GRANTS.—Not more than 10 percent of the amount made available for grants
under this chapter for a fiscal year shall be used
for innovation grants.
(d) PROGRAM SUPPORT.—Not more than 25 percent of the amount made available under this
chapter to any local government shall be used
for program support.
(e) NO LAND ACQUISITION.—No funds made
available under this chapter shall be used for
the acquisition of land or an interest in land.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3187.)

(2) such other records as will facilitate an effective audit.
(b) ACCESS.—The Secretary and the Comptroller General shall have access for the purpose of
audit and examination to any records of the recipient that are pertinent to assistance received
under this chapter.

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

200511(a) .....

16 U.S.C. 2512(a) (1st
paragraph 1st, 3d,
last sentences).

Pub. L. 95–625, title X,
§ 1013(a) (1st paragraph),
Nov. 10, 1978, 92 Stat. 3544;
Pub. L. 98–454, title VI,
§ 601(a), Oct. 5, 1984, 98
Stat. 1736; Pub. L. 103–322,
title III, § 31505(a), Sept.
13, 1994, 108 Stat. 1889.

200511(b),
(c).
200511(d) .....

16 U.S.C. 2512(a) (1st
paragraph 2d sentence).
16 U.S.C. 2512(b).

200511(e) .....

16 U.S.C. 2513.

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3186.)
HISTORICAL AND REVISION NOTES
Revised
Section
200509 .........

Source (U.S. Code)
16 U.S.C. 2511.

Source (Statutes at Large)
Pub. L. 95–625, title X, § 1012,
Nov. 10, 1978, 92 Stat. 3543.

In subsection (a)(1), the word ‘‘fully’’ is omitted as
unnecessary.
In subsection (b), the words ‘‘or their duly authorized
representatives’’ are omitted as unnecessary. See section 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C.
App., 43 U.S.C. 1451 note) for the Secretary and 31
U.S.C. 711(2) for the Comptroller General.

§ 200510. Inapplicability of matching provisions
Amounts authorized for Guam, American
Samoa, the Virgin Islands, and the Northern
Mariana Islands are not subject to the matching
provisions of this chapter, and may be subject
only to such conditions, reports, plans, and
agreements, if any, as the Secretary may determine.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3186.)
HISTORICAL AND REVISION NOTES
Revised
Section
200510 .........

§ 300101

Pub. L. 95–625, title X,
§ 1013(b), as added Pub. L.
103–322, title III, § 31505(a),
Sept. 13, 1994, 108 Stat.
1890.
Pub. L. 95–625, title X, § 1014,
Nov. 10, 1978, 92 Stat. 3544.

In subsection (a), the text of 16 U.S.C. 2512(a) (1st
paragraph 1st and last sentences) is omitted as obsolete. The words ‘‘in the aggregate’’ are omitted as unnecessary. The words ‘‘amount made available for
grants to all of the States’’ are substituted for ‘‘aggregate amount of funds authorized to be appropriated’’
for clarity and for consistency in the section.
In subsections (b) and (c), the words ‘‘made available
for grants’’ are substituted for ‘‘authorized’’ for clarity
and for consistency in the section.
In subsection (b), the words ‘‘local park and recreation’’ are omitted as unnecessary because of the defined term.

Subtitle III—National Preservation
Programs
DIVISION A—HISTORIC PRESERVATION
SUBDIVISION 1—GENERAL PROVISIONS

Source (U.S. Code)
16 U.S.C. 2512(a)
(last paragraph).

Source (Statutes at Large)
Pub. L. 95–625, title X,
§ 1013(a) (last paragraph),
Nov. 10, 1978, 92 Stat. 3544;
Pub. L. 98–454, title VI,
§ 601(a), Oct. 5, 1984, 98
Stat. 1736; Pub. L. 103–322,
title III, § 31505(a), Sept.
13, 1994, 108 Stat. 1889.

The text of 16 U.S.C. 2512(a) (last paragraph 1st sentence) is omitted as obsolete.

§ 200511. Funding limitations
(a) LIMITATION OF FUNDS.—The amount of
grants made under this chapter for projects in
any one State for any fiscal year shall not be
more than 15 percent of the amount made available for grants to all of the States for that fiscal
year.
(b) RECOVERY ACTION PROGRAM GRANTS.—Not
more than 3 percent of the amount made available for grants under this chapter for a fiscal
year shall be used for recovery action program
grants.

CHAPTER 3001—POLICY
Sec.

300101.

Policy.

§ 300101. Policy
It is the policy of the Federal Government, in
cooperation with other nations and in partnership with States, local governments, Indian
tribes, Native Hawaiian organizations, and private organizations and individuals, to—
(1) use measures, including financial and
technical assistance, to foster conditions
under which our modern society and our historic property can exist in productive harmony and fulfill the social, economic, and
other requirements of present and future generations;
(2) provide leadership in the preservation of
the historic property of the United States and
of the international community of nations and
in the administration of the national preservation program;

§ 300101

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

(3) administer federally owned, administered, or controlled historic property in a spirit of stewardship for the inspiration and benefit of present and future generations;
(4) contribute to the preservation of nonfederally owned historic property and give maximum encouragement to organizations and individuals undertaking preservation by private
means;
(5) encourage the public and private preservation and utilization of all usable elements of
the Nation’s historic built environment; and
(6) assist State and local governments, Indian tribes and Native Hawaiian organizations, and the National Trust to expand and
accelerate their historic preservation programs and activities.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3187.)
HISTORICAL AND REVISION NOTES
Revised
Section
300101 .........

Source (U.S. Code)
16 U.S.C. 470–1.

Source (Statutes at Large)
Pub. L. 89–665, § 2, as added
Pub. L. 96–515, title I,
§ 101(a), Dec. 12, 1980, 94
Stat. 2988; Pub. L. 102–575,
title XL, § 4002, Oct. 30,
1992, 106 Stat. 4753.

The words ‘‘Native Hawaiian organizations’’ are
added for consistency in the section.
In paragraph (2), the words ‘‘in partnership with
States, Indian tribes, Native Hawaiians, and local governments’’ are omitted as unnecessary because the
words are used in the introductory material of this section.
EX. ORD. NO. 11593. PROTECTION AND ENHANCEMENT OF
THE CULTURAL ENVIRONMENT
Ex. Ord. No. 11593, May 13, 1971, 36 F.R. 8921, provided:
By virtue of the authority vested in me as President
of the United States and in furtherance of the purposes
and policies of the National Environmental Policy Act
of 1969 (83 Stat. 852, 42 U.S.C. 4321 et seq.), the National
Historic Preservation Act of 1966 (80 Stat. 915, [former]
16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.], the
Historic Sites Act of 1935 (49 Stat. 666, [former] 16
U.S.C. 461 et seq.) [see 18 U.S.C. 1866(a), 54 U.S.C. 102303,
102304, 320101 et seq.], and the Antiquities Act of 1906 (34
Stat. 225, 16 [former] U.S.C. 431 et seq.) [see 18 U.S.C.
1866(b), 54 U.S.C. 320301(a) to (c), 320302, 320303], it is ordered as follows:
SECTION 1. Policy. The Federal Government shall provide leadership in preserving, restoring and maintaining the historic and cultural environment of the Nation. Agencies of the executive branch of the Government (hereinafter referred to as ‘‘Federal agencies’’)
shall (1) administer the cultural properties under their
control in a spirit of stewardship and trusteeship for future generations, (2) initiate measures necessary to direct their policies, plans and programs in such a way
that federally owned sites, structures, and objects of
historical, architectural or archaeological significance
are preserved, restored and maintained for the inspiration and benefit of the people, and (3), in consultation
with the Advisory Council on Historic Preservation
([former] 16 U.S.C. 470i [see 54 U.S.C. 304101]), institute
procedures to assure that Federal plans and programs
contribute to the preservation and enhancement of
non-federally owned sites, structures and objects of historical, architectural or archaeological significance.
SEC. 2. Responsibilities of Federal agencies. Consonant
with the provisions of the acts cited in the first paragraph of this order, the heads of Federal agencies shall:
(a) no later than July 1, 1973, with the advice of the
Secretary of the Interior, and in cooperation with the
liaison officer for historic preservation for the State or

Page 86

territory involved, locate, inventory, and nominate to
the Secretary of the Interior all sites, buildings, districts, and objects under their jurisdiction or control
that appear to qualify for listing on the National Register of Historic Places.
(b) exercise caution during the interim period until
inventories and evaluations required by subsection (a)
are completed to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished or substantially altered. The agency head shall refer any questionable actions to the Secretary of the Interior for an opinion respecting the property’s eligibility for inclusion on the
National Register of Historic Places. The Secretary
shall consult with the liaison officer for historic preservation for the State or territory involved in arriving at
his opinion. Where, after a reasonable period in which
to review and evaluate the property, the Secretary determines that the property is likely to meet the criteria prescribed for listing on the National Register of
Historic Places, the Federal agency head shall reconsider the proposal in light of national environmental
and preservation policy. Where, after such reconsideration, the Federal agency head proposes to transfer,
sell, demolish or substantially alter the property he
shall not act with respect to the property until the Advisory Council on Historic Preservation shall have been
provided an opportunity to comment on the proposal.
(c) initiate measures to assure that where as a result
of Federal action or assistance a property listed on the
National Register of Historic Places is to be substantially altered or demolished, timely steps be taken to
make or have made records, including measured drawings, photographs and maps, of the property, and that
copy of such records then be deposited in the Library
of Congress as part of the Historic American Buildings
Survey or Historic American Engineering Record for
future use and reference. Agencies may call on the Department of the Interior for advice and technical assistance in the completion of the above records.
(d) initiate measures and procedures to provide for
the maintenance, through preservation, rehabilitation,
or restoration, of federally owned and registered sites
at professional standards prescribed by the Secretary of
the Interior.
(e) submit procedures required pursuant to subsection
(d) to the Secretary of the Interior and to the Advisory
Council on Historic Preservation no later than January
1, 1972, and annually thereafter, for review and comment.
(f) cooperate with purchasers and transferees of a
property listed on the National Register of Historic
Places in the development of viable plans to use such
property in a manner compatible with preservation objectives and which does not result in an unreasonable
economic burden to public or private interests.
SEC. 3. Responsibilities of the Secretary of the Interior.
The Secretary of the Interior shall:
(a) encourage State and local historic preservation
officials to evaluate and survey federally owned historic properties and, where appropriate, to nominate
such properties for listing on the National Register of
Historic Places.
(b) develop criteria and procedures to be applied by
Federal agencies in the reviews and nominations required by section 2(a). Such criteria and procedures
shall be developed in consultation with the affected
agencies.
(c) expedite action upon nominations to the National
Register of Historic Places concerning federally owned
properties proposed for sale, transfer, demolition or
substantial alteration.
(d) encourage State and Territorial liaison officers
for historic preservation to furnish information upon
request to Federal agencies regarding their properties
which have been evaluated with respect to historic, architectural or archaeological significance and which as
a result of such evaluations have not been found suitable for listing on the National Register of Historic
Places.

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TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

(e) develop and make available to Federal agencies
and State and local governments information concerning professional methods and techniques for preserving,
improving, restoring and maintaining historic properties.
(f) advise Federal agencies in the evaluation, identification, preservation, improvement, restoration and
maintenance of historic properties.
(g) review and evaluate the plans of transferees of
surplus Federal properties transferred for historic
monument purposes to assure that the historic character of such properties is preserved in rehabilitation,
restoration, improvement, maintenance and repair of
such properties.
(h) review and comment upon Federal agency procedures submitted pursuant to section 2(e) of this order.
RICHARD NIXON.

CHAPTER 3003—DEFINITIONS
Sec.

300301.
300302.
300303.
300304.
300305.
300306.
300307.
300308.
300309.
300310.
300311.
300312.
300313.
300314.
300315.
300316.
300317.
300318.
300319.
300320.
300321.

Agency.
Certified local government.
Council.
Cultural park.
Historic conservation district.
Historic Preservation Fund.
Historic preservation review commission.
Historic property.
Indian tribe.
Local government.
National Register.
National Trust.
Native Hawaiian.
Native Hawaiian organization.
Preservation or historic preservation.
Secretary.
State.
State historic preservation review board.
Tribal land.
Undertaking.
World Heritage Convention.

§ 300301. Agency
In this division, the term ‘‘agency’’ has the
meaning given the term in section 551 of title 5.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3188.)
HISTORICAL AND REVISION NOTES
Revised
Section
300301 .........

Source (U.S. Code)
16 U.S.C. 470w(1).

Source (Statutes at Large)
Pub. L. 89–665, title III,
§ 301(1), as added Pub. L.
96–515, title V, § 501, Dec.
12, 1980, 94 Stat. 3001; Pub.
L.
102–575,
title
XL,
§ 4019(a)(1), Oct. 30, 1992,
106 Stat. 4763; Pub. L.
106–208, § 5(a)(10), May 26,
2000, 114 Stat. 319.

§ 300303. Council
In this division, the term ‘‘Council’’ means the
Advisory Council on Historic Preservation established by section 304101 of this title.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3188.)
HISTORICAL AND REVISION NOTES
Revised
Section
300303 .........

Source (U.S. Code)
16 U.S.C. 470w(16).

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3188.)
HISTORICAL AND REVISION NOTES
Revised
Section
300302 .........

Source (Statutes at Large)
Pub. L. 89–665, title III,
§ 301(16), as added Pub. L.
102–575, title XL, § 4019(a),
Oct. 30, 1992, 106 Stat. 4764.

§ 300304. Cultural park
In this division, the term ‘‘cultural park’’
means a definable area that—
(A) is distinguished by historic property,
prehistoric property, and land related to that
property; and
(B) constitutes an interpretive, educational,
and recreational resource for the public at
large.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3188.)
HISTORICAL AND REVISION NOTES
Revised
Section
300304 .........

Source (U.S. Code)
16 U.S.C. 470w(9).

Source (Statutes at Large)
Pub. L. 89–665, title III,
§ 301(9), as added Pub. L.
96–515, title V, § 501, Dec.
12, 1980, 94 Stat. 3001; Pub.
L.
102–575,
title
XL,
§ 4019(a)(7), Oct. 30, 1992,
106 Stat. 4764.

§ 300305. Historic conservation district
In this division, the term ‘‘historic conservation district’’ means an area that contains—
(1) historic property;
(2) buildings having similar or related architectural characteristics;
(3) cultural cohesiveness; or
(4) any combination of features described in
paragraphs (1) to (3).
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3188.)
HISTORICAL AND REVISION NOTES
Revised
Section
300305 .........

Source (U.S. Code)
16 U.S.C. 470w(10).

§ 300302. Certified local government
In this division, the term ‘‘certified local government’’ means a local government whose local
historic preservation program is certified pursuant to chapter 3025 of this title.

§ 300306

Source (Statutes at Large)
Pub. L. 89–665, title III,
§ 301(10), as added Pub. L.
96–515, title V, § 501, Dec.
12, 1980, 94 Stat. 3001; Pub.
L.
102–575,
title
XL,
§ 4019(a)(8), Oct. 30, 1992,
106 Stat. 4764.

§ 300306. Historic Preservation Fund
In this division, the term ‘‘Historic Preservation Fund’’ means the Historic Preservation
Fund established under section 303101 of this
title.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3189.)

Source (U.S. Code)

Source (Statutes at Large)

HISTORICAL AND REVISION NOTES
16 U.S.C. 470w(15).

Pub. L. 89–665, title III,
§ 301(15), as added Pub. L.
102–575,
title
XL,
§ 4019(a)(12), Oct. 30, 1992,
106 Stat. 4764.

Revised
Section
300306 .........

Source (U.S. Code)
no source.

Source (Statutes at Large)