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Title 54, National Park Service and Related ProgramsRelease 119-110

§302105 Owner Participation in Nomination Process

Title 54 › Subtitle III — National Preservation Programs › CHAPTER 3021 — NATIONAL REGISTER OF HISTORIC PLACES › § 302105

Last updated Sep 22, 2026|Official source

Summary

The Secretary must write rules so that before a private property is put on the National Register or named a National Historic Landmark, the owner—or a majority of owners for a district or a property with multiple owners—gets a reasonable chance to agree or object to the nomination. If the owner or a majority of owners objects, the property cannot be listed or named until the objection is withdrawn. When an objection is filed, the Secretary must review the nomination and decide if the property is eligible. If the Secretary finds it eligible, the Secretary must tell the Advisory Council on Historic Preservation, the State Historic Preservation Officer, the local chief elected official, and the owner(s).

Full Legal Text

Title 54, §302105

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

(a)Regulations.—
The Secretary shall promulgate regulations requiring that before any property may be included on the National Register or designated as a National Historic Landmark, the owner of the property, or a majority of the owners of the individual properties within a district in the case of a historic district, shall be given the opportunity (including a reasonable period of time) to concur in, or object to, the nomination of the property for inclusion or designation. The regulations shall include provisions to carry out this section in the case of multiple ownership of a single property.
(b)When Property Shall Not Be Included on National Register or Designated as National Historic Landmark.—
If the owner of any privately owned property, or a majority of the owners of privately owned properties within the district in the case of a historic district, object to inclusion or designation, the property shall not be included on the National Register or designated as a National Historic Landmark until the objection is withdrawn.
(c)Review by Secretary.—
The Secretary shall review the nomination of the property when an objection has been made and shall determine whether or not the property is eligible for inclusion or designation. If the Secretary determines that the property is eligible for inclusion or designation, the Secretary shall inform the Advisory Council on Historic Preservation, the appropriate State Historic Preservation Officer, the appropriate chief elected local official, and the owner or owners of the property of the Secretary’s determination.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 302105(a)16 U.S.C. 470a(a)(6) (1st, last sentences).Pub. L. 89–665, title I, § 101(a)(6), 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. 2989. 302105(b)16 U.S.C. 470a(a)(6) (2d sentence). 302105(c)16 U.S.C. 470a(a)(6) (3d sentence).

Reference

Citations & Metadata

Citation

54 U.S.C. § 302105

Title 54, National Park Service and Related Programs

Last Updated

Sep 22, 2026

Release point: 119-110