54 U.S.C. § 302504 — Participation of certified local governments in National Register nominations

(a) Notice. Before a State^* can consider nominating a property inside a certified local government's jurisdiction to the Secretary^* for the National Register^*, the State Historic Preservation^* Officer must notify the owner, the top local elected official, and the local historic preservation^* commission.

(b) Report. The local historic preservation commission must give the public a fair chance to comment, then write a report on whether it thinks the property meets National Register criteria. Within 60 days of getting notice from the State Historic Preservation Officer, the top local elected official must send that report, along with the official's own recommendation, back to the Officer.

(c) Recommendation. (1) Nominating the property. Except as described in paragraph (2), once the State Historic Preservation Officer gets the report and recommendation — or if 60 days pass with no report — the State must make the nomination under section 302104 of this title. The State can speed up this process if the certified local government^* agrees. (2) Not nominating the property. If both the local commission and the top elected official recommend against nominating the property, the State Historic Preservation Officer takes no further action — unless someone appeals to the State within 30 days of the Officer receiving that recommendation. If there is an appeal, the State must follow the normal nomination procedure under section 302104. Either way, any report and recommendation made under this section must be included with whatever nomination the State sends to the Secretary.