Title 54, National Park Service and Related ProgramsRelease 119-102
§306114 Documentation of Decisions Respecting Undertakings
Title 54 › Subtitle III — National Preservation Programs › CHAPTER 3061 — PROGRAM RESPONSIBILITIES AND AUTHORITIES › SUBCHAPTER I — IN GENERAL › § 306114
Summary
When a federal project covered by the review rules would harm a historic property and no Council agreement exists, the agency head must write down the decision and cannot give that job to someone else. If a Council agreement does exist for the project, the agreement controls the whole project.
Full Legal Text
Title 54, §306114
National Park Service and Related Programs, Source: USLM XML via OLRC
With respect to any undertaking subject to section 306108 of this title that adversely affects any historic property for which a Federal agency has not entered into an agreement pursuant to regulations issued by the Council, the head of the agency shall document any decision made pursuant to section 306108 of this title. The head of the agency may not delegate the responsibility to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been executed with respect to an undertaking, the agreement shall govern the undertaking and all of its parts.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 30611416 U.S.C. 470h–2(l).Pub. L. 89–665, title I, § 110(l), as added Pub. L. 102–575, title XL, § 4012(3), Oct. 30, 1992, 106 Stat. 4761; Pub. L. 106–208, § 5(a)(8), May 26, 2000, 114 Stat. 319. The words “historic property” are substituted for “property included in or eligible for inclusion in the National Register” because of the definition of “historic property” in section 300308 of the new title. The words “to document a decision pursuant to this section” are substituted for “pursuant to such section” for clarity. The language was not intended to limit agency authority to delegate responsibilities under section 106 of the National Historic Preservation Act (Public Law 89–665, 80 Stat. 917). The words “agreement pursuant to
Regulations
issued by the Council” are substituted for “a section 106 memorandum”, and the word “agreement” is substituted for “memorandum”, for clarity and for consistency in the new section.
Reference
Citations & Metadata
Citation
54 U.S.C. § 306114
Title 54, National Park Service and Related Programs
Last Updated
Aug 21, 2026
Release point: 119-102