54 U.S.C. § 306102 — Preservation program

(a) Establishment. Every federal agency^* — except for programs or projects exempted under section 304108(c) — must set up a preservation^* program, working with the Secretary^*, to identify, evaluate, and nominate historic property^* to the National Register^*, and to protect it.

(b) Requirements. This program must make sure that: (1) historic property the agency controls gets identified, evaluated, and nominated to the National Register; (2) historic property the agency controls is managed and maintained with its historic, archeological, architectural, and cultural value in mind, in compliance with section 306108, with extra care for property recognized as nationally significant; (3) property the agency doesn't control, but that its actions might affect, gets fully considered during planning; (4) the agency's preservation work is done in consultation with other federal, state^*, and local agencies, Indian tribes, Native Hawaiian^* organizations doing historic preservation^* planning, and the private sector; and (5) the agency's procedures for complying with section 306108 (A) match the regulations the Council^* issues under section 304108(a) and (b); (B) set up a process — developed with State Historic Preservation Officers, local governments, tribes, Native Hawaiian organizations, and the interested public — for identifying and evaluating historic property for the National Register, and for making and carrying out agreements about how adverse effects on that property will be handled; and (C) provide for handling Native American cultural items found on federal or tribal land^* in a way consistent with section 3(c) of the Native American Graves Protection and Repatriation Act.