§306102 Preservation Program

Summary

Each Federal agency must set up, with the Secretary, a preservation program to find, study, nominate to the National Register, and protect historic property, unless the program is exempt under section 304108(c). The program must make sure the agency identifies and evaluates historic property it controls and manages it to protect historic, archeological, architectural, and cultural values, giving extra care to nationally significant sites. It must also consider effects on historic places the agency does not control, work with Federal, State, and local agencies, Indian tribes, Native Hawaiian organizations, and the private sector, and follow Council rules under sections 304108(a) and (b). The program must include a clear process for listing properties, for making agreements about avoiding harm in consultation with State Historic Preservation Officers, local governments, tribes, Native Hawaiian organizations, and the public, and must handle Native American cultural items from Federal or tribal land consistent with section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)).