54 U.S.C. § 302105 — Owner participation in nomination process
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 251 words · no verdicts yet
Before a property can join the National Register or become a National Historic Landmark, its owner must get a chance to agree or object. If a private owner, or a majority of owners in a district, objects, the property is kept off the Register until the objection is withdrawn.
(a) Regulations. The Secretary* must write rules requiring that, before any property goes on the National Register* or gets designated a National Historic Landmark, the owner gets a fair chance — with a reasonable amount of time — to agree with or object to the nomination. For a historic district, a majority of the individual property owners in the district must get that same chance. The rules must also explain how this works when one property has multiple owners.
(b) When a property is not included or designated. If the owner of a privately owned property objects — or, for a district, if a majority of the private owners object — the property cannot go on the National Register or be designated a National Historic Landmark until the objection is withdrawn.
(c) Review by the Secretary. When an objection is filed, the Secretary must review the nomination and decide whether the property is eligible for inclusion or designation. If the Secretary decides it is eligible, the Secretary must tell the Advisory Council* on Historic Preservation*, the State* Historic Preservation* Officer, the top local elected official, and the property owner(s) about that decision.
The Secretary* shall promulgate regulations requiring that before any property may be included on the National Register* or designated as a National Historic Landmark, the owner of the property, or a majority of the owners of the individual properties within a district in the case of a historic district, shall be given the opportunity (including a reasonable period of time) to concur in, or object to, the nomination of the property for inclusion or designation. The regulations shall include provisions to carry out this section in the case of multiple ownership of a single property.
If the owner of any privately owned property, or a majority of the owners of privately owned properties within the district in the case of a historic district, object to inclusion or designation, the property shall not be included on the National Register or designated as a National Historic Landmark until the objection is withdrawn.
The Secretary shall review the nomination of the property when an objection has been made and shall determine whether or not the property is eligible for inclusion or designation. If the Secretary determines that the property is eligible for inclusion or designation, the Secretary shall inform the Advisory Council* on Historic Preservation*, the appropriate State* Historic Preservation* Officer, the appropriate chief elected local official, and the owner or owners of the property of the Secretary’s determination.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3193.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3193
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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