54 U.S.C. § 302104 — Nominations for inclusion on National Register

(a) Nomination by a State^*. Subject to the requirements of section 302107 of this title, any State running a program approved under chapter 3023 of this title must nominate to the Secretary^* any property that meets the criteria set under section 302103 of this title. Subject to section 302107, a property nominated under this subsection, or under section 306102 of this title, goes onto the National Register^* automatically 45 days after the Secretary receives the nomination and the required paperwork — unless the Secretary rejects the nomination within that 45-day window, or someone appeals under subsection (d).

(b) Nomination by a person or local government^*. Subject to section 302107, the Secretary may take a nomination directly from a person or local government only if the property sits in a State that has no program approved under chapter 3023. The Secretary may add the property to the Register if the Secretary decides it is eligible under the regulations issued under section 302103. The Secretary must decide within 90 days of the nomination, unless someone appeals under subsection (d).

(c) Nomination by a Federal agency^*. Subject to section 302107, the regulations under section 302103, and appeals under subsection (d), the Secretary may take a nomination directly from a Federal agency only if all six of these steps happen: (1) the agency sends the completed nomination to the State Historic Preservation^* Officer, who reviews and comments on whether it is adequate, whether the property is significant, and whether it is eligible; (2) within 45 days of getting the nomination, the State Historic Preservation^* Officer must recommend for or against it to the Federal Preservation Officer — missing this deadline counts as a recommendation against the nomination; (3) the top elected officials of the county and city where the property sits are notified and get 45 days to comment; (4) the Federal Preservation Officer sends the nomination to the Keeper of the National Register, but only after confirming that steps (1) through (3) happened, that the nomination is properly documented, and that it is technically and professionally correct — the Federal Preservation Officer may also add an opinion on whether the property meets the National Register criteria; (5) a notice goes in the Federal Register saying the property is being considered for listing, including any comments and the State Historic Preservation Officer's recommendation, and stating whether that Officer responded within the 45-day period; and (6) before the property can be listed, the Secretary must respond in the Federal Register to any State Historic Preservation Officer comments that oppose the nomination.

(d) Appeal. Any person or local government can appeal to the Secretary about (1) a nomination of any property for the National Register, or (2) a nominating authority's failure to nominate a property as this chapter requires.