§302304 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

A State can hire a qualified nonprofit group or an educational institution to do some or all of its duties under this chapter. The Secretary may also agree with a State Historic Preservation Officer to let that officer help the Secretary in the State with tasks like finding and protecting historic places, deciding if places can go on the National Register, preparing nominations for the Register, keeping history and archaeology databases, and checking eligibility for federal preservation benefits. Only the Secretary can maintain the National Register. The Secretary can make such an agreement only if the State officer asks for it, the State program is approved under sections 302301 and 302302, the officer agrees to do the work on time and well and the Secretary is satisfied they can, the officer lets the Secretary review and change its decisions, and they agree on any extra funding. For each major program, the Secretary must set the rules a State officer must meet to take over duties. Nothing here reduces the preservation programs or activities of the Service.

Title 54, §302304

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

(a)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)(1)(A)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)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)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)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)Nothing in this chapter shall have the effect of diminishing the preservation programs and activities of the Service.

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.

§302304 Contracts and Cooperative Agreements

Summary

Title 54, §302304

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata