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Title 42, The Public Health and WelfareRelease 119-110

§5320 Historic Preservation Requirements

Title 42 › CHAPTER 69 — COMMUNITY DEVELOPMENT › § 5320

Last updated Sep 23, 2026|Official source

Summary

The Secretary of the Interior must write and carry out rules for projects paid under section 5318, explaining how those projects fit with division A of subtitle III and chapter 3125 of title 54. The state historic preservation officer (the state official who checks historic places) must, within 45 days after getting an applicant’s information about properties that might qualify for the National Register, send comments and any needed information to the applicant. The Secretary of the Interior must then decide within 45 days whether those properties are eligible for the National Register. The Advisory Council on Historic Preservation (the federal board that advises on historic sites) must make rules so it can give quick comments under section 306108 of title 54 for properties on or eligible for the National Register that are affected by a section 5318 project.

Full Legal Text

Title 42, §5320

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Regulations
With respect to applications for assistance under section 5318 of this title, the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under section 5318 of this title and their relationship with division A of subtitle III and chapter 3125 of title 54.
(b)Actions by State historic preservation officer and Secretary of the Interior (c) Regulations by Advisory Council on Historic Preservation providing for expeditious action
In prescribing and implementing such regulations with respect to applications submitted under section 5318 of this title which identify any property pursuant to subsection (c)(4)(B) of such section, the Secretary of the Interior shall provide at least that—
(1)the appropriate State historic preservation officer (as determined in accordance with regulations prescribed by the Secretary of the Interior) shall, not later than 45 days after receiving information from the applicant relating to the identification of properties which will be affected by the project for which the application is made and which may meet the criteria established by the Secretary of the Interior for inclusion on the National Register of Historic Places (together with documentation relating to such inclusion), submit his or her comments, together with such other information considered necessary by the officer, to the applicant concerning such properties; and
(2)the Secretary of the Interior shall, not later than 45 days after receiving from the applicant the information described in paragraph (1) and the comments submitted to the applicant in accordance with paragraph (1), make a determination as to whether any of the properties affected by the project for which the application is made is eligible for inclusion on the National Register of Historic Places.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5318 of this title, referred to in subsec. (a), probably should be a reference to section 119 of the Housing and Community Development Act of 1974, Pub. L. 93–383, title I, § 119, as added Pub. L. 95–128, title I, § 110(b), Oct. 12, 1977, 91 Stat. 1125, which is classified to section 5318 of this title.

Amendments

2014—Subsec. (a). Pub. L. 113–287, § 5(k)(4)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: “With respect to applications for assistance under section 5318 of this title, the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement

Regulations

concerning projects funded under section 5318 of this title and their relationship with— “(1) ‘An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes’, approved October 14, 1966, as amended; and “(2) ‘An Act to provide for the preservation of historical and archaeological data (including relics and specimens) which might otherwise be lost as a result of the

Construction

of a dam’, approved June 27, 1960, as amended.” Subsec. (c). Pub. L. 113–287, § 5(k)(4)(B), substituted “section 306108 of title 54” for “section 106 of the Act referred to in subsection (a)(1)”. 1981—Subsec. (b). Pub. L. 97–35 substituted “subsection (c)(4)(B)” for “subsection (c)(7)(B)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–35 effective on

Effective Date

of

Regulations

implementing such

Amendments

, see section 308(c) of Pub. L. 97–35, set out as a note under section 5318 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 5320

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110