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

§302304 Contracts and Cooperative Agreements

Title 54 › Subtitle III — National Preservation Programs › CHAPTER 3023 — STATE HISTORIC PRESERVATION PROGRAMS › § 302304

Last updated Sep 22, 2026|Official source

Summary

A State may let a qualified nonprofit group or an educational institution do some or all of the State’s duties under this chapter by contract or cooperative agreement. The Secretary may also make a contract or cooperative agreement with the State Historic Preservation Officer (the State official in charge of historic preservation) to let that officer help with tasks like finding and protecting historic places, deciding if places qualify for the National Register and preparing nominations, keeping historic and archaeological databases, and checking eligibility for Federal preservation benefits. The Secretary still controls the National Register. The agreement can happen only if the officer asks, the Secretary has approved the State program under sections 302301 and 302302, the officer can do the work on time and well, the officer allows the Secretary to review and change the officer’s decisions, and they agree on any extra funding. The Secretary must set rules for each major program area, and nothing here reduces the Service’s preservation programs.

Full Legal Text

Title 54, §302304

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

(a)State.—
A State may carry out all or any part of its responsibilities under this chapter by contract or cooperative agreement with a qualified nonprofit organization or educational institution.
(b)Secretary.—
(1)In general.—
(A)Authority to assist secretary.—
Subject to paragraphs (3) and (4), the Secretary may enter into contracts or cooperative agreements with a State Historic Preservation Officer for any State authorizing the Officer to assist the Secretary in carrying out one or more of the following responsibilities within that State:
(i)Identification and preservation of historic property.
(ii)Determination of the eligibility of property for listing on the National Register.
(iii)Preparation of nominations for inclusion on the National Register.
(iv)Maintenance of historical and archeological data bases.
(v)Evaluation of eligibility for Federal preservation incentives.
(B)Authority to maintain national register.—
Nothing in subparagraph (A) shall be construed to provide that any State Historic Preservation Officer or any other person other than the Secretary shall have the authority to maintain the National Register for properties in any State.
(2)Requirements.—
The Secretary may enter into a contract or cooperative agreement under paragraph (1) only if—
(A)the State Historic Preservation Officer has requested the additional responsibility;
(B)the Secretary has approved the State historic preservation program pursuant to section 302301 and 302302 of this title;
(C)the State Historic Preservation Officer agrees to carry out the additional responsibility in a timely and efficient manner acceptable to the Secretary and the Secretary determines that the Officer is fully capable of carrying out the responsibility in that manner;
(D)the State Historic Preservation Officer agrees to permit the Secretary to review and revise, as appropriate in the discretion of the Secretary, decisions made by the Officer pursuant to the contract or cooperative agreement; and
(E)the Secretary and the State Historic Preservation Officer agree on the terms of additional financial assistance to the State, if there is to be any, for the costs of carrying out that responsibility.
(3)Establish conditions and criteria.—
For each significant program area under the Secretary’s authority, the Secretary shall establish specific conditions and criteria essential for the assumption by a State Historic Preservation Officer of the Secretary’s duties in each of those programs.
(4)Preservation programs and activities not diminished.—
Nothing in this chapter shall have the effect of diminishing the preservation programs and activities of the Service.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30230416 U.S.C. 470a(b)(4).Pub. L. 89–665, title I, § 101(b)(4), 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. 2991. 16 U.S.C. 470a(b)(6).Pub. L. 89–665, title I, § 101(b)(6), as added Pub. L. 102–575, title XL, § 4004(4), Oct. 30, 1992, 106 Stat. 4754.

Reference

Citations & Metadata

Citation

54 U.S.C. § 302304

Title 54, National Park Service and Related Programs

Last Updated

Sep 22, 2026

Release point: 119-110