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LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
SHPO responsibilities
(3) It shall be the responsibility of the State Historic Preservation Officer to administer the State Historic
Preservation Program and to —
(A) in cooperation with Federal and State agencies, local governments, and private organizations and
individuals, direct and conduct a comprehensive statewide survey of historic properties and maintain
inventories of such properties;
(B) identify and nominate eligible properties to the National Register and otherwise administer applica-
tions for listing historic properties on the National Register;
(C) prepare and implement a comprehensive statewide historic preservation plan;
(D) administer the State program of Federal assistance for historic preservation within the State;
(E) advise and assist, as appropriate, Federal and State agencies and local governments in carrying out
their historic preservation responsibilities;
(F) cooperate with the Secretary, the Advisory Council on Historic Preservation, and other Federal and
State agencies, local governments, and organizations and individuals to ensure that historic properties
are taken into consideration at all levels of planning and development;
(G) provide public information, education, and training, and technical assistance in historic preservation;
(H) cooperate with local governments in the development of local historic preservation programs and
assist local governments in becoming certified pursuant to subsection
(c) of this section;
(I) consult with the appropriate Federal agencies in accordance with this Act on —
(i) Federal undertakings that may affect historic properties; and
(ii) the content and sufficiency of any plans developed to protect, manage, or to reduce or mitigate harm
to such properties; and
(J) advise and assist in the evaluation of proposals for rehabilitation projects that may qualify for Federal
assistance.
Arrangements with nonprofit organizations
(4) Any State may carry out all or any part of its responsibilities under this subsection by contract
or cooperative agreement with any qualified nonprofit organization or educational institution.
Approval of existing programs
(5) Any State historic preservation program in effect under prior authority of law may be treated as an
approved program for purposes of this subsection until the earlier of —
(A) the date on which the Secretary approves a program submitted by the State under this subsection, or
(B) three years after October 30, 1992 (the date of the enactment of the National Historic Preservation
Act Amendments of 1992).
Contracts or cooperative agreements with State Historic Preservation Officers
(6) (A) Subject to subparagraphs (C) and (D), the Secretary may enter into contracts or cooperative
agreements with a State Historic Preservation Officer for any State authorizing such Officer to
assist the Secretary in carrying out one or more of the following responsibilities within that State —
(i) Identification and preservation of historic properties.
(ii) Determination of the eligibility of properties for listing on the National Register.
(iii) Preparation of nominations for inclusion on the National Register.
(iv) Maintenance of historical and archaeological data bases.
(v) Evaluation of eligibility for Federal preservation incentives.
Nothing in this paragraph 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.
(B) The Secretary may enter into a contract or cooperative agreement under subparagraph (A) only if
(i) the State Historic Preservation Officer has requested the additional responsibility;
(ii) the Secretary has approved the State historic preservation program pursuant to subsection (b)(1) and
(2) of this section;
(iii) 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 such Officer is fully
capable of carrying out such responsibility in such manner;
(iv) the State Historic Preservation Officer agrees to permit the Secretary to review and revise, as ap-
propriate in the discretion of the Secretary, decisions made by the Officer pursuant to such contract or
cooperative agreement; and
(v) 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 such responsibility.
(C) For each significant program area under the Secretary’s authority, the Secretary shall establish spe-
cific conditions and criteria essential for the assumption by State Historic Preservation Officers of the
Secretary’s duties in each such program.
(D) Nothing in this subsection shall have the effect of diminishing the preservation programs and activi-
ties of the National Park Service.
16 U.S.C. 470a(c) — Certification of local governments
(c) (1) Any State program approved under this section shall provide a mechanism for the certification by
the State Historic Preservation Officer of local governments to carry out the purposes of this Act and
provide for the transfer, in accordance with section 103(c) of this Act [16 U.S.C. 470c(c)], of a portion of the
grants received by the States under this Act, to such local governments.
Any local government shall be certified to participate under the provisions of this section if the appli-
cable State Historic Preservation Officer, and the Secretary, certifies that the local government
(A) enforces appropriate State or local legislation for the designation and protection of historic properties;
(B) has established an adequate and qualified historic preservation review commission by State or
local legislation;
(C) maintains a system for the survey and inventory of historic properties that furthers the purposes of
subsection (b) of this section;
(D) provides for adequate public participation in the local historic preservation program, including the
process of recommending properties for nomination to the National Register; and
(E) satisfactorily performs the responsibilities delegated to it under this Act.
Where there is no approved State program, a local government may be certified by the Secretary if
he determines that such local government meets the requirements of subparagraphs (A) through
(E); and in any such case the Secretary may make grants-in-aid to the local government for purposes
of this section.
Participation of certified local governments in National Register nominations
(2) (A) Before a property within the jurisdiction of the certified local government may be considered
by the State to be nominated to the Secretary for inclusion on the National Register, the State Historic
Preservation Officer shall notify the owner, the applicable chief local elected official, and the local historic
preservation commission.
The commission, after reasonable opportunity for public comment, shall prepare a report as to whether
or not such property, in its opinion, meets the criteria of the National Register.
Within sixty days of notice from the State Historic Preservation Officer, the chief local elected official
shall transmit the report of the commission and his recommendation to the state Historic Preservation
Officer. Except as provided in subparagraph
(B), after receipt of such report and recommendation, or if no such report and recommendation are
received within sixty days, the State shall make the nomination pursuant to subsection
(a) of this subsection. The State may expedite such process with the concurrence of the certified
local government.
(B) If both the commission and the chief local elected official recommend that a property not be
nominated to the National Register, the State Historic Preservation Officer shall take no further ac-
tion, unless within thirty days of the receipt of such recommendation by the State Historic Pres-
ervation Officer an appeal is filed with the State. If such an appeal is filed, the State shall follow
the procedures for making a nomination pursuant to subsection (a) of this section. Any report and
recommendations made under this section shall be included with any nomination submitted by the
State to the Secretary.
(3) Any local government certified under this section or which is making efforts to become so certified
shall be eligible for funds under the provision of section 103 (c) of this Act [16 U.S.C.470c(c)], and shall
carry out any responsibilities delegated to it in accordance with such terms and conditions as the Secre-
tary deems necessary or advisable.
