54 U.S.C. § 302304 — Contracts and cooperative agreements
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 403 words · no verdicts yet
States may hire nonprofits or schools to carry out their preservation duties. The Secretary may also let a State's preservation officer take on some of the Secretary's own duties, like reviewing National Register eligibility, if the officer requests it, meets set conditions, and the State's program is already approved.
(a) State*. A State may carry out any part of its responsibilities under this chapter through a contract or cooperative agreement with a qualified nonprofit organization or educational institution.
(b) Secretary*. (1) Authority to assist the Secretary. Subject to paragraphs (3) and (4) below, the Secretary may enter into a contract or cooperative agreement with a State's Historic Preservation* Officer, letting that Officer help the Secretary with one or more of these jobs in that State: (i) identifying and preserving historic property*; (ii) deciding whether property is eligible for the National Register*; (iii) preparing National Register nominations; (iv) keeping historical and archeological databases; and (v) evaluating eligibility for Federal preservation* incentives. Authority to maintain the National Register itself is not affected — nothing here lets a State Historic Preservation Officer, or anyone besides the Secretary, maintain the National Register for properties in any State.
(2) Requirements. The Secretary may only enter into this kind of contract or agreement if: (A) the Officer asked for the extra responsibility; (B) the Secretary already approved that State's preservation program under sections 302301 and 302302 of this title; (C) the Officer agrees to handle the extra responsibility in a timely, efficient way that satisfies the Secretary, and the Secretary decides the Officer can actually do it; (D) the Officer agrees to let the Secretary review and change the Officer's decisions under the contract or agreement, as the Secretary sees fit; and (E) the Secretary and the Officer agree on the terms of any extra financial assistance the State will get to cover the cost.
(3) Setting conditions and criteria. For each major program area under the Secretary's authority, the Secretary must set specific conditions and criteria that a State Historic Preservation Officer must meet before taking over the Secretary's duties in that area.
(4) No reduction in the Service's programs. Nothing in this chapter shrinks the preservation programs and activities of the National Park Service*.
A State may carry out all or any part of its responsibilities under this chapter by contract or cooperative agreement with a qualified nonprofit organization or educational institution.
Subject to paragraphs (3) and (4), the Secretary may enter into contracts or cooperative agreements with a State Historic Preservation* Officer for any State authorizing the Officer to assist the Secretary in carrying out one or more of the following responsibilities within that State:
Identification and preservation* of historic property*.
Determination of the eligibility of property for listing on the National Register*.
Preparation of nominations for inclusion on the National Register.
Maintenance of historical and archeological data bases.
Evaluation of eligibility for Federal preservation incentives.
Nothing in subparagraph (A) shall be construed to provide that any State Historic Preservation Officer or any other person other than the Secretary shall have the authority to maintain the National Register for properties in any State.
The Secretary may enter into a contract or cooperative agreement under paragraph (1) only if—
the State Historic Preservation Officer has requested the additional responsibility;
the Secretary has approved the State historic preservation program pursuant to sections 302301 and 302302 of this title;
the State Historic Preservation Officer agrees to carry out the additional responsibility in a timely and efficient manner acceptable to the Secretary and the Secretary determines that the Officer is fully capable of carrying out the responsibility in that manner;
the State Historic Preservation Officer agrees to permit the Secretary to review and revise, as appropriate in the discretion of the Secretary, decisions made by the Officer pursuant to the contract or cooperative agreement; and
the Secretary and the State Historic Preservation Officer agree on the terms of additional financial assistance to the State, if there is to be any, for the costs of carrying out that responsibility.
For each significant program area under the Secretary’s authority, the Secretary shall establish specific conditions and criteria essential for the assumption by a State Historic Preservation Officer of the Secretary’s duties in each of those programs.
Nothing in this chapter shall have the effect of diminishing the preservation programs and activities of the Service*.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3196.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3196
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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