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

§304108 Regulations, procedures, and guidelines

Title 54 › Subtitle Subtitle III— - National Preservation Programs › Chapter CHAPTER 3041— - ADVISORY COUNCIL ON HISTORIC PRESERVATION › § 304108

Last updated Apr 6, 2026|Official source

Summary

The Council can make rules it needs to carry out section 306108. It must set up procedures so local governments can take part in Council actions about projects that affect them. With the Secretary’s agreement, the Council can make rules or guidance to excuse federal programs or projects from some or all requirements of this law if the exemption fits the law’s goals and after considering the project’s size and the chance it will harm historic places.

Full Legal Text

Title 54, §304108

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

(a)The Council may promulgate regulations as it considers necessary to govern the implementation of section 306108 of this title in its entirety.
(b)The Council shall by regulation establish such procedures as may be necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section 306108 of this title that affect the local governments.
(c)The Council, with the concurrence of the Secretary, shall promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from any or all of the requirements of this division when the exemption is determined to be consistent with the purposes of this division, taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic property.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 304108(a), (b)16 U.S.C. 470s.Pub. L. 89–665, title II, § 211, as added Pub. L. 94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat. 1322; Pub. L. 96–515, title III, § 301(l), Dec. 12, 1980, 94 Stat. 2999; Pub. L. 102–575, title XL, § 4018, Oct. 30, 1992, 106 Stat. 4763. 304108(c)16 U.S.C. 470v.Pub. L. 89–665, title II, § 214, as added Pub. L. 96–515, title III, § 302(a), Dec. 12, 1980, 94 Stat. 3000.

Reference

Citations & Metadata

Citation

54 U.S.C. § 304108

Title 54 — National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73