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

§302504 Participation of Certified Local Governments in National Register Nominations

Title 54 › Subtitle III — National Preservation Programs › CHAPTER 3025 — CERTIFICATION OF LOCAL GOVERNMENTS › § 302504

Last updated Sep 22, 2026|Official source

Summary

The state historic official must tell the property owner, the local chief elected official, and the local historic preservation commission before the state considers the property for the National Register. The local commission, after letting the public comment, must write a short report saying if the property meets the Register’s rules. The chief local official must send that report and their recommendation to the state within 60 days of the notice. After getting the report, the state will nominate the property unless both the commission and the chief official say do not nominate. If both say no, the state stops unless someone files an appeal within 30 days. If an appeal is filed, the state follows the normal nomination steps. Any local report and recommendation must be included with the state’s nomination to the Secretary.

Full Legal Text

Title 54, §302504

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

(a)Notice.—
Before a property within the jurisdiction of a certified local government may be considered by a State to be nominated to the Secretary for inclusion on the National Register, the State Historic Preservation Officer shall notify the owner, the applicable chief local elected official, and the local historic preservation commission.
(b)Report.—
The local historic preservation commission, after reasonable opportunity for public comment, shall prepare a report as to whether the property, in the Commission’s opinion, meets the criteria of the National Register. Within 60 days of notice from the State Historic Preservation Officer, the chief local elected official shall transmit the report of the commission and the recommendation of the local official to the State Historic Preservation Officer.
(c)Recommendation.—
(1)Property nominated to national register.—
Except as provided in paragraph (2), after receipt of the report and recommendation, or if no report and recommendation are received within 60 days, the State shall make the nomination pursuant to section 302104 of this title. The State may expedite the process with the concurrence of the certified local government.
(2)Property not nominated to national register.—
If both the commission and the chief local elected official recommend that a property not be nominated to the National Register, the State Historic Preservation Officer shall take no further action, unless, within 30 days of the receipt of the recommendation by the State Historic Preservation Officer, an appeal is filed with the State. If an appeal is filed, the State shall follow the procedures for making a nomination pursuant to section 302104 of this title. Any report and recommendations made under this section shall be included with any nomination submitted by the State to the Secretary.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30250416 U.S.C. 470a(c)(2).Pub. L. 89–665, title I, § 101(c)(2), 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. 2992.

Reference

Citations & Metadata

Citation

54 U.S.C. § 302504

Title 54, National Park Service and Related Programs

Last Updated

Sep 22, 2026

Release point: 119-110