Subdivision 1—General Provisions

CHAPTER 3001—POLICY

        

§300101. Policy

It is the policy of the Federal Government, in cooperation with other nations and in partnership with States, local governments, Indian tribes, Native Hawaiian organizations, and private organizations and individuals, to—

(1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our historic property can exist in productive harmony and fulfill the social, economic, and other requirements of present and future generations;

(2) provide leadership in the preservation of the historic property of the United States and of the international community of nations and in the administration of the national preservation program;

(3) administer federally owned, administered, or controlled historic property in a spirit of stewardship for the inspiration and benefit of present and future generations;

(4) contribute to the preservation of nonfederally owned historic property and give maximum encouragement to organizations and individuals undertaking preservation by private means;

(5) encourage the public and private preservation and utilization of all usable elements of the Nation's historic built environment; and

(6) assist State and local governments, Indian tribes and Native Hawaiian organizations, and the National Trust to expand and accelerate their historic preservation programs and activities.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3187.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300101	16 U.S.C. 470–1.	Pub. L. 89–665, §2, as added Pub. L. 96–515, title I, §101(a), Dec. 12, 1980, 94 Stat. 2988; Pub. L. 102–575, title XL, §4002, Oct. 30, 1992, 106 Stat. 4753.

The words "Native Hawaiian organizations" are added for consistency in the section.

In paragraph (2), the words "in partnership with States, Indian tribes, Native Hawaiians, and local governments" are omitted as unnecessary because the words are used in the introductory material of this section.

Executive Documents

Ex. Ord. No. 11593. Protection and Enhancement of the Cultural Environment

Ex. Ord. No. 11593, May 13, 1971, 36 F.R. 8921, provided:

By virtue of the authority vested in me as President of the United States and in furtherance of the purposes and policies of the National Environmental Policy Act of 1969 (83 Stat. 852, 42 U.S.C. 4321 et seq.), the National Historic Preservation Act of 1966 (80 Stat. 915, [former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.], the Historic Sites Act of 1935 (49 Stat. 666, [former] 16 U.S.C. 461 et seq.) [see 18 U.S.C. 1866(a), 54 U.S.C. 102303, 102304, 320101 et seq.], and the Antiquities Act of 1906 (34 Stat. 225, 16 [former] U.S.C. 431 et seq.) [see 18 U.S.C. 1866(b), 54 U.S.C. 320301(a) to (c), 320302, 320303], it is ordered as follows:

Section 1. Policy. The Federal Government shall provide leadership in preserving, restoring and maintaining the historic and cultural environment of the Nation. Agencies of the executive branch of the Government (hereinafter referred to as "Federal agencies") shall (1) administer the cultural properties under their control in a spirit of stewardship and trusteeship for future generations, (2) initiate measures necessary to direct their policies, plans and programs in such a way that federally owned sites, structures, and objects of historical, architectural or archaeological significance are preserved, restored and maintained for the inspiration and benefit of the people, and (3), in consultation with the Advisory Council on Historic Preservation ([former] 16 U.S.C. 470i [see 54 U.S.C. 304101]), institute procedures to assure that Federal plans and programs contribute to the preservation and enhancement of non-federally owned sites, structures and objects of historical, architectural or archaeological significance.

Sec. 2. Responsibilities of Federal agencies. Consonant with the provisions of the acts cited in the first paragraph of this order, the heads of Federal agencies shall:

(a) no later than July 1, 1973, with the advice of the Secretary of the Interior, and in cooperation with the liaison officer for historic preservation for the State or territory involved, locate, inventory, and nominate to the Secretary of the Interior all sites, buildings, districts, and objects under their jurisdiction or control that appear to qualify for listing on the National Register of Historic Places.

(b) exercise caution during the interim period until inventories and evaluations required by subsection (a) are completed to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished or substantially altered. The agency head shall refer any questionable actions to the Secretary of the Interior for an opinion respecting the property's eligibility for inclusion on the National Register of Historic Places. The Secretary shall consult with the liaison officer for historic preservation for the State or territory involved in arriving at his opinion. Where, after a reasonable period in which to review and evaluate the property, the Secretary determines that the property is likely to meet the criteria prescribed for listing on the National Register of Historic Places, the Federal agency head shall reconsider the proposal in light of national environmental and preservation policy. Where, after such reconsideration, the Federal agency head proposes to transfer, sell, demolish or substantially alter the property he shall not act with respect to the property until the Advisory Council on Historic Preservation shall have been provided an opportunity to comment on the proposal.

(c) initiate measures to assure that where as a result of Federal action or assistance a property listed on the National Register of Historic Places is to be substantially altered or demolished, timely steps be taken to make or have made records, including measured drawings, photographs and maps, of the property, and that copy of such records then be deposited in the Library of Congress as part of the Historic American Buildings Survey or Historic American Engineering Record for future use and reference. Agencies may call on the Department of the Interior for advice and technical assistance in the completion of the above records.

(d) initiate measures and procedures to provide for the maintenance, through preservation, rehabilitation, or restoration, of federally owned and registered sites at professional standards prescribed by the Secretary of the Interior.

(e) submit procedures required pursuant to subsection (d) to the Secretary of the Interior and to the Advisory Council on Historic Preservation no later than January 1, 1972, and annually thereafter, for review and comment.

(f) cooperate with purchasers and transferees of a property listed on the National Register of Historic Places in the development of viable plans to use such property in a manner compatible with preservation objectives and which does not result in an unreasonable economic burden to public or private interests.

Sec. 3. Responsibilities of the Secretary of the Interior. The Secretary of the Interior shall:

(a) encourage State and local historic preservation officials to evaluate and survey federally owned historic properties and, where appropriate, to nominate such properties for listing on the National Register of Historic Places.

(b) develop criteria and procedures to be applied by Federal agencies in the reviews and nominations required by section 2(a). Such criteria and procedures shall be developed in consultation with the affected agencies.

(c) expedite action upon nominations to the National Register of Historic Places concerning federally owned properties proposed for sale, transfer, demolition or substantial alteration.

(d) encourage State and Territorial liaison officers for historic preservation to furnish information upon request to Federal agencies regarding their properties which have been evaluated with respect to historic, architectural or archaeological significance and which as a result of such evaluations have not been found suitable for listing on the National Register of Historic Places.

(e) develop and make available to Federal agencies and State and local governments information concerning professional methods and techniques for preserving, improving, restoring and maintaining historic properties.

(f) advise Federal agencies in the evaluation, identification, preservation, improvement, restoration and maintenance of historic properties.

(g) review and evaluate the plans of transferees of surplus Federal properties transferred for historic monument purposes to assure that the historic character of such properties is preserved in rehabilitation, restoration, improvement, maintenance and repair of such properties.

(h) review and comment upon Federal agency procedures submitted pursuant to section 2(e) of this order.

Richard Nixon.      

Executive Order No. 13934

Ex. Ord. No. 13934, July 3, 2020, 85 F.R. 41165, as amended by Ex. Ord. No. 13978, §§3, 4, Jan. 18, 2021, 86 F.R. 6810, 6811, which related to establishing the Interagency Task Force for Building and Rebuilding Monuments to American Heroes and a National Garden of American Heroes, was revoked by Ex. Ord. 14029, §1, May 14, 2021, 86 F.R. 27025.

Executive Order No. 13978

Ex. Ord. No. 13978, Jan. 18, 2021, 86 F.R. 6809, which related to construction of the National Garden of American Heroes, was revoked by Ex. Ord. 14029, §1, May 14, 2021, 86 F.R. 27025.

CHAPTER 3003—DEFINITIONS

        

§300301. Agency

In this division, the term "agency" has the meaning given the term in section 551 of title 5.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3188.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300301	16 U.S.C. 470w(1).	Pub. L. 89–665, title III, §301(1), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a)(1), Oct. 30, 1992, 106 Stat. 4763; Pub. L. 106–208, §5(a)(10), May 26, 2000, 114 Stat. 319.

§300302. Certified local government

In this division, the term "certified local government" means a local government whose local historic preservation program is certified pursuant to chapter 3025 of this title.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3188.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300302	16 U.S.C. 470w(15).	Pub. L. 89–665, title III, §301(15), as added Pub. L. 102–575, title XL, §4019(a)(12), Oct. 30, 1992, 106 Stat. 4764.

§300303. Council

In this division, the term "Council" means the Advisory Council on Historic Preservation established by section 304101 of this title.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3188.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300303	16 U.S.C. 470w(16).	Pub. L. 89–665, title III, §301(16), as added Pub. L. 102–575, title XL, §4019(a), Oct. 30, 1992, 106 Stat. 4764.

§300304. Cultural park

In this division, the term "cultural park" means a definable area that—

(A) is distinguished by historic property, prehistoric property, and land related to that property; and

(B) constitutes an interpretive, educational, and recreational resource for the public at large.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3188.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300304	16 U.S.C. 470w(9).	Pub. L. 89–665, title III, §301(9), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a)(7), Oct. 30, 1992, 106 Stat. 4764.

§300305. Historic conservation district

In this division, the term "historic conservation district" means an area that contains—

(1) historic property;

(2) buildings having similar or related architectural characteristics;

(3) cultural cohesiveness; or

(4) any combination of features described in paragraphs (1) to (3).

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3188.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300305	16 U.S.C. 470w(10).	Pub. L. 89–665, title III, §301(10), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a)(8), Oct. 30, 1992, 106 Stat. 4764.

§300306. Historic Preservation Fund

In this division, the term "Historic Preservation Fund" means the Historic Preservation Fund established under section 303101 of this title.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3189.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300306	no source.

§300307. Historic preservation review commission

In this division, the term "historic preservation review commission" means a board, council, commission, or other similar collegial body—

(1) that is established by State or local legislation as provided in section 302503(a)(2) of this title; and

(2) the members of which are appointed by the chief elected official of a jurisdiction (unless State or local law provides for appointment by another official) from among—

(A) professionals in the disciplines of architecture, history, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines, to the extent that those professionals are available in the community; and

(B) other individuals who have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines and will provide for an adequate and qualified commission.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3189.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300307	16 U.S.C. 470w(13).	Pub. L. 89–665, title III, §301(13), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3002; Pub. L. 102–575, title XL, §4019(a)(11), Oct. 30, 1992, 106 Stat. 4764.

§300308. Historic property

In this division, the term "historic property" means any prehistoric or historic district, site, building, structure, or object included on, or eligible for inclusion on, the National Register, including artifacts, records, and material remains relating to the district, site, building, structure, or object.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3189.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300308	16 U.S.C. 470w(5).	Pub. L. 89–665, title III, §301(5), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a)(4), Oct. 30, 1992, 106 Stat. 4764.

The words "historic resource" are omitted so that a uniform term is used throughout this division.

§300309. Indian tribe

In this division, the term "Indian tribe" means an Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3189.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300309	16 U.S.C. 470w(4).	Pub. L. 89–665, title III, §301(4), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a)(3), Oct. 30, 1992, 106 Stat. 4763.

§300310. Local government

In this division, the term "local government" means a city, county, township, municipality, or borough, or any other general purpose political subdivision of any State.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3189.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300310	16 U.S.C. 470w(3).	Pub. L. 89–665, title III, §301(3), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001.

The word "parish" is omitted as unnecessary because of 1 U.S.C. 2.

§300311. National Register

In this division, the term "National Register" means the National Register of Historic Places maintained under chapter 3021 of this title.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3189.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300311	16 U.S.C. 470w(6).	Pub. L. 89–665, title III, §301(6), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001.

§300312. National Trust

In this division, the term "National Trust" means the National Trust for Historic Preservation in the United States established under section 312102 of this title.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3189.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300312	no source.

§300313. Native Hawaiian

In this division, the term "Native Hawaiian" means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes Hawaii.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3190.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300313	16 U.S.C. 470w(17).	Pub. L. 89–665, title III, §301(17), as added Pub. L. 102–575, title XL, §4019(a)(12), Oct. 30, 1992, 106 Stat. 4764.

§300314. Native Hawaiian organization

(a) In general.—In this division, the term "Native Hawaiian organization" means any organization that—

(1) serves and represents the interests of Native Hawaiians;

(2) has as a primary and stated purpose the provision of services to Native Hawaiians; and

(3) has demonstrated expertise in aspects of historic preservation that are culturally significant to Native Hawaiians.

(b) Inclusions.—In this division, the term "Native Hawaiian organization" includes the Office of Hawaiian Affairs of Hawaii and Hui Malama I Na Kupuna O Hawai'i Nei, an organization incorporated under the laws of the State of Hawaii.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3190.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300314	16 U.S.C. 470w(18).	Pub. L. 89–665, title III, §301(18), as added Pub. L. 102–575, title XL, §4019(a), Oct. 30, 1992, 106 Stat. 4764.

§300315. Preservation or historic preservation

In this division, the term "preservation" or "historic preservation" includes—

(1) identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, and conservation;

(2) education and training regarding the foregoing activities; or

(3) any combination of the foregoing activities.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3190.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300315	16 U.S.C. 470w(8).	Pub. L. 89–665, title III, §301(8), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a)(6), Oct. 30, 1992, 106 Stat. 4764.

§300316. Secretary

In this division, the term "Secretary" means the Secretary acting through the Director.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3190.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300316	16 U.S.C. 470w(11).	Pub. L. 89–665, title III, §301(11), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a)(9), Oct. 30, 1992, 106 Stat. 4764.

§300317. State

In this division, the term "State" means—

(1) a State, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands; and

(2) the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3190.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300317	16 U.S.C. 470w(2).	Pub. L. 89–665, title III, §301(2), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a)(2), Oct. 30, 1992, 106 Stat. 4763.

§300318. State historic preservation review board

In this division, the term "State historic preservation review board" means a board, council, commission, or other similar collegial body established as provided in section 302301(2) of this title—

(1) the members of which are appointed by the State Historic Preservation Officer (unless otherwise provided for by State law);

(2) a majority of the members of which are professionals qualified in history, prehistoric and historic archeology, architectural history, architecture, folklore, cultural anthropology, curation, conservation, landscape architecture, and related disciplines; and

(3) that has the authority to—

(A) review National Register nominations and appeals from nominations;

(B) review appropriate documentation submitted in conjunction with the Historic Preservation Fund;

(C) provide general advice and guidance to the State Historic Preservation Officer; and

(D) perform such other duties as may be appropriate.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3190.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300318	16 U.S.C. 470w(12).	Pub. L. 89–665, title III, §301(12), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a), Oct. 30, 1992, 106 Stat. 4764; Pub. L. 106–208, §5(a)(10), May 26, 2000, 114 Stat. 319.

§300319. Tribal land

In this division, the term "tribal land" means—

(1) all land within the exterior boundaries of any Indian reservation; and

(2) all dependent Indian communities.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3191.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300319	16 U.S.C. 470w(14).	Pub. L. 89–665, title III, §301(14), as added Pub. L. 102–575, title XL, §4019(a)(12), Oct. 30, 1992, 106 Stat. 4764.

§300320. Undertaking

In this division, the term "undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including—

(1) those carried out by or on behalf of the Federal agency;

(2) those carried out with Federal financial assistance;

(3) those requiring a Federal permit, license, or approval; and

(4) those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3191.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300320	16 U.S.C. 470w(7).	Pub. L. 89–665, title III, §301(7), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102–575, title XL, §4019(a)(5), Oct. 30, 1992, 106 Stat. 4764.

§300321. World Heritage Convention

In this division, the term "World Heritage Convention" means the Convention concerning the Protection of the World Cultural and Natural Heritage, done at Paris November 23, 1972 (27 UST 37).

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3191.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
300321	no source.

The words "the Trust Territory of the Pacific Islands . . . and, upon termination of the Trusteeship Agreement for the Trust Territories of the Pacific Islands" are omitted as obsolete. See note at 48 U.S.C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1801 note), the Compact of Free Association between the Government of the United States of America and the Governments of the Marshall Islands and the Federated States of Micronesia (48 U.S.C. 1901 note), and the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note).