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Title 54 — National Park Service and Related ProgramsRelease 119-73not60

§302105 Owner Participation in Nomination Process

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

Last updated Apr 5, 2026|Official source

Summary

Before a property can be put on the National Register or named a National Historic Landmark, the owner—or for a historic district, a majority of the owners—must be given a reasonable chance to agree or object to the nomination. If the owner or the majority objects, the property cannot be listed or designated while the objection stands. The Secretary must review any nomination that is objected to and decide if the property is eligible. If the Secretary says it is eligible, the Secretary must notify the Advisory Council on Historic Preservation, the State Historic Preservation Officer, the chief elected local official, and the owner(s).

Full Legal Text

Title 54, §302105

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

(a)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)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shall not be included on the National Register or designated as a National Historic Landmark until the objection is withdrawn.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)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

Apr 5, 2026

Release point: 119-73not60