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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
Definitions
(4) For the purposes of this section the term—
(A) «designation» means the identification and registration of properties for protection that meet cri-
teria established by the State or the locality for significant historic and prehistoric resources within the
jurisdiction of a local government; and
(B) «protection» means a local review process under State or local law for proposed demolition of,
changes to, or other action that may affect historic properties designated pursuant to this subsection.
[16 U.S.C. 470a(d) — Establish program and regulations to assist Indian tribes]
(d) (1) (A) The Secretary shall establish a program and promulgate regulations to assist Indian tribes in
preserving their particular historic properties. The Secretary shall foster communication and coopera-
tion between Indian tribes and State Historic Preservation Officers in the administration of the national
historic preservation program to ensure that all types of historic properties and all public interests in
such properties are given due consideration, and to encourage coordination among Indian tribes, State
Historic Preservation Officers, and Federal agencies in historic preservation planning and in the identifi-
cation, evaluation, protection, and interpretation of historic properties.
(B) The program under subparagraph
(A) shall be developed in such a manner as to ensure that tribal values are taken into account to the ex-
tent feasible. The Secretary may waive or modify requirements of this section to conform to the cultural
setting of tribal heritage preservation goals and objectives.
The tribal programs implemented by specific tribal organizations may vary in scope, as determined by
each tribe’s chief governing authority.
(C) The Secretary shall consult with Indian tribes,other Federal agencies,State Historic PreservationOfficers,and
other interested parties and initiate the programunder subparagraph (A) by not later thanOctober 1,1994.
Indian Tribes may assume State Historic Preservation Officer functions
(2) A tribe may assume all or any part of the functions of a State Historic Preservation Officer in accor-
dance with subsections (b)(2) and (b)(3) of this section, with respect to tribal lands, as such responsibili-
ties may be modified for tribal programs through regulations issued by the Secretary if —
(A) the tribe’s chief governing authority so requests;
(B) the tribe designates a tribal preservation official to administer the tribal historic preservation
program, through appointment by the tribe’s chief governing authority or as a tribal ordinance may
otherwise provide;
(C) the tribal preservation official provides the Secretary with a plan describing how the functions the
tribal preservation official proposes to assume will be carried out;
(D) the Secretary determines, after consultation with the tribe, the appropriate State Historic Preserva-
tion Officer, the Council (if the tribe proposes to assume the functions of the State Historic Preservation
Officer with respect to review of undertakings under section 106 of this Act), and other tribes, if any,
whose tribal or aboriginal lands may be affected by conduct of the tribal preservation program—
(i) that the tribal preservation program is fully capable of carrying out the functions specified in the plan
provided under subparagraph (C);
(ii) that the plan defines the remaining responsibilities of the Secretary and the State Historic Preserva-
tion Officer; and
(iii) that the plan provides, with respect to properties neither owned by a member of the tribe nor held in
trust by the Secretary for the benefit of the tribe, at the request of the owner thereof, the State Historic
Preservation Officer, in addition to the tribal preservation official, may exercise the historic preservation
responsibilities in accordance with subsections
(b)(2) and (b)(3) of this section; and (E) based on satisfaction of the conditions stated in subparagraphs
(A), (B), (C), and (D), the Secretary approves the plan.
(3) In consultation with interested Indian tribes, other Native American organizations and affected State
Historic Preservation Officers, the Secretary shall establish and implement procedures for carrying out sec-
tion 103(a) of this Act with respect to tribal programs that assume responsibilities under paragraph (2).
(4) At the request of a tribe whose preservation program has been approved to assume functions and
responsibilities pursuant to paragraph
(2), the Secretary shall enter into contracts or cooperative agreements with such tribe permitting the
assumption by the tribe of any part of the responsibilities referred to in subsection (b)(6) of this section
on tribal land, if—
(A) the Secretary and the tribe agree on additional financial assistance, if any, to the tribe for the costs of
carrying out such authorities;
(B) the Secretary finds that the tribal historic preservation program has been demonstrated to be suf-
ficient to carry out the contract or cooperative agreement and this Act; and
(C) the contract or cooperative agreement specifies the continuing responsibilities of the Secretary or of
the appropriate State Historic Preservation Officers and provides for appropriate participation by
(i) the tribe’s traditional cultural authorities;
(ii) representatives of other tribes whose traditional lands are under the jurisdiction of the tribe assum-
ing responsibilities; and
(iii) the interested public.
(5) The Council may enter into an agreement with an Indian tribe to permit undertakings on tribal
land to be reviewed under tribal historic preservation regulations in place of review under regulations
promulgated by the Council to govern compliance with section 106 of this Act, if the Council, after con-
sultation with the tribe and appropriate State Historic Preservation Officers, determines that the tribal
preservation regulations will afford historic properties consideration equivalent to those afforded by the
Council’s regulations.
Traditional religious and cultural properties may be eligible for listing in the National Register
(6) (A) Properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian
organization may be determined to be eligible for inclusion on the National Register.
(B) In carrying out its responsibilities under section 106 of this Act, a Federal agency shall consult with
any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to
properties described in subparagraph (A).
(C) In carrying out his or her responsibilities under subsection (b)(3) of this section, the State Historic
Preservation Officer for the State of Hawaii shall —
(i) consult with Native Hawaiian organizations in assessing the cultural significance of any property in
determining whether to nominate such property to the National Register;
(ii) consult with Native Hawaiian organizations in developing the cultural component of a preservation
program or plan for such property; and
(iii) enter into a memorandum of understanding or agreement with Native Hawaiian organizations
for the assessment of the cultural significance of a property in determining whether to nominate
such property to the National Register and to carry out the cultural component of such preservation
program or plan.
16 U.S.C. 470a(e) — Grants to States
(e) (1) The Secretary shall administer a program of matching grants to the States for the purposes of car-
rying out this Act.
Grants to the National Trust
(2) The Secretary may administer grants to the National Trust for Historic Preservation in the United
States, chartered by Act of Congress approved October 26, 1949 (63 Stat. 927) [16 U.S.C. 468], consistent
with the purposes of its charter and this Act.
Direct grants for threatened National Historic Landmarks, demonstration projects, training, and displace-
ment prevention
(3) (A) In addition to the programs under paragraphs (1) and (2), the Secretary shall administer a program
of direct grants for the preservation of properties included on the National Register. Funds to support
such program annually shall not exceed 10 per centum of the amount appropriated annually for the
fund established under section 108 of this Act. These grants may be made by the Secretary, in consulta-
tion with the appropriate State Historic Preservation Officer —
(i) for the preservation of National Historic Landmarks which are threatened with demolition or impair-
ment and for the preservation of historic properties of World Heritage significance,
(ii) for demonstration projects which will provide information concerning professional methods and
techniques having application to historic properties,
(iii) for the training and development of skilled labor in trades and crafts, and in analysis and curation,
relating to historic preservation, and
