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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
Criteria for National Register and National Historic Landmarks and regulations
(2) The Secretary in consultation with national historic and archaeological associations, shall establish
or revise criteria for properties to be included on the National Register and criteria for National Historic
Landmarks, and shall also promulgate or revise regulations as may be necessary for
(A) nominating properties for inclusion in, and removal from, the National Register and the recommen-
dation of properties by certified local governments;
(B) designating properties as National Historic Landmarks and removing such designation;
(C) considering appeals from such recommendations, nomination, removals, and designations (or any
failure or refusal by a nominating authority to nominate or designate);
(D) nominating historic properties for inclusion in theWorld Heritage List in accordance with the terms
of the Convention concerning the Protection of theWorld Cultural and Natural Heritage;
(E) making determinations of eligibility of properties for inclusion on the National Register; and
(F) notifying the owner of a property, any appropriate local governments, and the general public, when
the property is being considered for inclusion on the National Register,for designation as a National
Historic Landmark or for nomination to theWorld Heritage List.
Nominations to the National Register
(3) Subject to the requirements of paragraph (6), any State which is carrying out a program approved
under subsection (b) of this section, shall nominate to the Secretary properties which meet the crite-
ria promulgated under subsection (a) of this section for inclusion on the National Register. Subject to
paragraph (6), any property nominated under this paragraph or under section 110 (a)(2) of this Act shall
be included on the National Register on the date forty-five days after receipt by the Secretary of the
nomination and the necessary documentation, unless the Secretary disapproves such nomination within
such fortyfive day period or unless an appeal is filed under paragraph (5).
Nominations from individuals and local governments
(4) Subject to the requirements of paragraph (6) the Secretary may accept a nomination directly from
any person or local government for inclusion of a property on the National Register only if such prop-
erty is located in a State where there is no program approved under subsection (b) of this section. The
Secretary may include on the National Register any property for which such a nomination is made if he
determines that such property is eligible in accordance with the regulations promulgated under para-
graph (2). Such determinations shall be made within ninety days from the date of nomination unless the
nomination is appealed under paragraph (5).
Appeals of nominations
(5) Any person or local government may appeal to the Secretary a nomination of any historic property for
inclusion on the National Register and may appeal to the Secretary the failure or refusal of a nominating
authority to nominate a property in accordance with this subsection.
Owner participation in nomination process
(6) The Secretary shall promulgate regulations requiring that before any property or district may be
included on the National Register or designated as a National Historic Landmark, the owner or owners of
such property, or a majority of the owners of the properties within the district in the case of an historic
district, shall be given the opportunity (including a reasonable period of time) to concur in, or object to,
the nomination of the property or district for such inclusion or designation.
If the owner or owners of any privately owned property, or a majority of the owners of such properties
within the district in the case of an historic district, object to such inclusion or designation, such property
shall not be included on the National Register or designated as a National Historic Landmark until such
objection is withdrawn.
The Secretary shall review the nomination of the property or district where any such objection has
been made and shall determine whether or not the property or district is eligible for such inclusion or
designation, and if the Secretary determines that such property or district is eligible for such inclusion or
designation, he 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 such prop-
erty, of his determination. The regulations under this paragraph shall include provisions to carry out the
purposes of this paragraph in the case of multiple ownership of a single property.
Regulations for curation, documentation, and local government certification
(7) The Secretary shall promulgate, or revise, regulations —
(A) ensuring that significant prehistoric and historic artifacts, and associated records, subject to section
110 of this Act [16 U.S.C. 470h-2], the Act of June 27, 1960 (16 U.S.C.469c), and the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470aa and following) are deposited in an institution with adequate long-
term curatorial capabilities;
(B) establishing a uniform process and standards for documenting historic properties by public agencies
and private parties for purposes of incorporation into, or complementing, the national historic architec-
tural and engineering records within the Library of Congress; and
(C) certifying local governments, in accordance with subsection (c)(1) of this section and for the alloca-
tion of funds pursuant to section 103 (c) of this Act [16 U.S.C. 470c(c)].
Review threats to eligible and listed properties and recommend action
(8) The Secretary shall, at least once every 4 years, in consultation with the Council and with State His-
toric Preservation Officers, review significant threats to properties included in, or eligible for inclusion on,
the National Register, in order to —
(A) determine the kinds of properties that may be threatened;
(B) ascertain the causes of the threats; and
(C) develop and submit to the President and Congress recommendations for appropriate action.
[16 U.S.C. 470a(b) — State Historic Preservation Programs]
(b) (1) The Secretary, in consultation with the National Conference of State Historic Preservation Officers
and the National Trust for Historic Preservation, shall promulgate or revise regulations for State Historic
Preservation Programs.
Such regulations shall provide that a State program submitted to the Secretary under this section shall
be approved by the Secretary if he determines that the program---
Designation of the State Historic Preservation Officer (SHPO)
(A) provides for the designation and appointment by the Governor of a «State Historic Preservation Of-
ficer» to administer such program in accordance with paragraph (3) and for the employment or appoint-
ment by such officer of such professionally qualified staff as may be necessary for such purposes;
Designation of the State Review Board
(B) provides for an adequate and qualified State historic preservation review board designated by the
State Historic Preservation Officer unless otherwise provided for by State law; and
(C) provides for adequate public participation in the State Historic Preservation Program, including the
process of recommending properties for nomination to the National Register.
Review of State programs
(2) (A) Periodically, but not less than every 4 years after the approval of any State program under this
subsection, the Secretary, in consultation with the Council on the appropriate provisions of this Act, and
in cooperation with the State Historic Preservation Officer, shall evaluate the program to determine
whether it is consistent with this Act.
(B) If, at any time, the Secretary determines that a major aspect of a State program is not consistent with
this Act, the Secretary shall disapprove the program and suspend in whole or in part any contracts or
cooperative agreements with the State and the State Historic Preservation Officer under this Act, until
the program is consistent with this Act, unless the Secretary determines that the program will be made
consistent with this Act within a reasonable period of time.
(C) The Secretary, in consultation with State Historic Preservation Officers, shall establish oversight
methods to ensure State program consistency and quality without imposing undue review burdens on
State Historic Preservation Officers.
(D) At the discretion of the Secretary, a State system of fiscal audit and management may be substituted
for comparable Federal systems so long as the State system—
(i) establishes and maintains substantially similar accountability standards; and
(ii) provides for independent professional peer review.
The Secretary may also conduct periodic fiscal audits of State programs approved under this section as
needed and shall ensure that such programs meet applicable accountability standards.
