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Title 54 — National Park Service and Related ProgramsRelease 119-73

§302504 Participation of certified local governments in National Register nominations

Title 54 › Subtitle Subtitle III— - National Preservation Programs › Chapter CHAPTER 3025— - CERTIFICATION OF LOCAL GOVERNMENTS › § 302504

Last updated Apr 6, 2026|Official source

Summary

Before a property in a certified local government's area can be nominated to the National Register, the State Historic Preservation Officer must notify owner, chief local official, and preservation commission. After public comment, the commission must report if it meets Register criteria. Within 60 days of notice, the chief official must send report and recommendation to State. If none arrive in 60 days, State proceeds. State may speed the process with local agreement. If both commission and chief official oppose nomination, State stops unless an appeal is filed within 30 days. Reports and recommendations must be included with any nomination to the Secretary.

Full Legal Text

Title 54, §302504

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)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)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)(1)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. The State may expedite the process with the concurrence of the certified local government.
(2)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 nomination pursuant to section 302104 of this title. Any report and recommendations made under this section shall be included with any nomination submitted by the State to the Secretary.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30250416 U.S.C. 470a(c)(2).Pub. L. 89–665, title I, § 101(c)(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. 2992.

Reference

Citations & Metadata

Citation

54 U.S.C. § 302504

Title 54 — National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73