US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 5320

Historic preservation requirements

(a)

Regulations

1

1 See References in Text note below.
1With respect to applications for assistance under section 5318  of this title, the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under section 5318  of this title and their relationship with division A of subtitle III and chapter 3125 of title 54.

(b)

Actions by State historic preservation officer and Secretary of the Interior

section 5318 of this titleIn prescribing and implementing such regulations with respect to applications submitted under which identify any property pursuant to subsection (c)(4)(B) of such section, the Secretary of the Interior shall provide at least that—
(1)
the appropriate State historic preservation officer (as determined in accordance with regulations prescribed by the Secretary of the Interior) shall, not later than 45 days after receiving information from the applicant relating to the identification of properties which will be affected by the project for which the application is made and which may meet the criteria established by the Secretary of the Interior for inclusion on the National Register of Historic Places (together with documentation relating to such inclusion), submit his or her comments, together with such other information considered necessary by the officer, to the applicant concerning such properties; and
(2)
the Secretary of the Interior shall, not later than 45 days after receiving from the applicant the information described in paragraph (1) and the comments submitted to the applicant in accordance with paragraph (1), make a determination as to whether any of the properties affected by the project for which the application is made is eligible for inclusion on the National Register of Historic Places.
(c)

Regulations by Advisory Council on Historic Preservation providing for expeditious action

section 306108 of title 54section 5318 of this titleThe Advisory Council on Historic Preservation shall prescribe regulations providing for expeditious action by the Council in making its comments under in the case of properties which are included on, or eligible for inclusion on, the National Register of Historic Places and which are affected by a project for which an application is made under .

Pub. L. 93–383, title I, § 121Pub. L. 96–399, title I, § 110(c)94 Stat. 1620Pub. L. 97–35, title III, § 308(b)95 Stat. 396Pub. L. 113–287, § 5(k)(4)128 Stat. 3270(, as added , , ; amended , , ; , , .)

Editorial Notes

References in Text

Section 5318 of this titlePub. L. 93–383, title I, § 119Pub. L. 95–128, title I, § 110(b)91 Stat. 1125section 5318 of this title, referred to in subsec. (a), probably should be a reference to section 119 of the Housing and Community Development Act of 1974, , as added , , , which is classified to .

Amendments

Pub. L. 113–287, § 5(k)(4)(A)section 5318 of this titlesection 5318 of this title2014—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, text read as follows: “With respect to applications for assistance under , the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under and their relationship with—

“(1) ‘An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes’, approved , as amended; and

“(2) ‘An Act to provide for the preservation of historical and archaeological data (including relics and specimens) which might otherwise be lost as a result of the construction of a dam’, approved , as amended.”

Pub. L. 113–287, § 5(k)(4)(B)section 306108 of title 54Subsec. (c). , substituted “” for “section 106 of the Act referred to in subsection (a)(1)”.

Pub. L. 97–351981—Subsec. (b). substituted “subsection (c)(4)(B)” for “subsection (c)(7)(B)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Pub. L. 97–35section 308(c) of Pub. L. 97–35section 5318 of this titleAmendment by effective on effective date of regulations implementing such amendments, see , set out as a note under .