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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
(D) any combination of the foregoing.
(11) «Secretary» means the Secretary of the Interior acting through the Director of the National Park
Service except where otherwise specified.
(12) «State Historic Preservation Review Board» means a board, council, commission, or other similar col-
legial body established as provided in section 101(b)(1)(B) of this Act —
(A) the members of which are appointed by the State Historic Preservation Officer (unless otherwise
provided for by State law),
(B) a majority of the members of which are professionals qualified in the following and related disci-
plines: history, prehistoric and historic archaeology, architectural history, architecture, folklore, cultural
anthropology, curation, conservation, and landscape architecture, and
(C) which has the authority to —
(i) review National Register nominations and appeals from nominations;
(ii) review appropriate documentation submitted in conjunction with the Historic Preservation Fund;
(iii) provide general advice and guidance to the State Historic Preservation Officer; and
(iv) perform such other duties as may be appropriate.
(13) «Historic preservation review commission» means a board, council, commission, or other similar col-
legial body which is established by State or local legislation as provided in section 101(c)(1)(B) of this Act,
and the members of which are appointed, unless otherwise provided by State or local legislation, by the
chief elected official of the jurisdiction concerned from among —
(A) professionals in the disciplines of architecture, history, architectural history, planning, prehistoric and
historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture,
or related disciplines, to the extent such professionals are available in the community concerned, and
(B) such other persons as have demonstrated special interest, experience, or knowledge in history, archi-
tecture, or related disciplines and as will provide for an adequate and qualified commission.
(14) «Tribal lands» means —
(A) all lands within the exterior boundaries of any Indian reservation; and (B) all dependent Indian com-
munities.
(15) «Certified local government» means a local government whose local historic preservation program
has been certified pursuant to section 101(c) of this Act.
(16) «Council» means the Advisory Council on Historic Preservation established by section 201 of this Act.
(17) «Native Hawaiian» means any individual who is a descendant of the aboriginal people who, prior to
1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.
(18) «Native Hawaiian organization» means any organization which —
(A) serves and represents the interests of Native Hawaiians;
(B) has as a primary and stated purpose the provision of services to Native Hawaiians; and
(C) has demonstrated expertise in aspects of historic preservation that are culturally significant to Native
Hawaiians.
The term includes, but is not limited to, the Office of Hawaiian Affairs of the State of Hawaii and Hui
Malama I Na Kupuna O Hawai’i Nei, an organization incorporated under the laws of the State of Hawaii.
Section 302
16 U.S.C. 470w-1 — Authority to expend funds for purposes of this Act
Where appropriate, each Federal agency is authorized to expend funds appropriated for its authorized
programs for the purposes of activities carried out pursuant to this Act, except to the extent appropria-
tions legislation expressly provides otherwise.
Section 303
16 U.S.C. 470w-2(a) — Donations to Secretary; money and personal property
(a) The Secretary is authorized to accept donations and bequests of money and personal property for the
purposes of this Act and shall hold, use, expend, and administer the same for such purposes.
16 U.S.C. 470w-2(b) — Donations of less than fee interests in real property
(b) The Secretary is authorized to accept gifts or donations of less than fee interests in any historic
property where the acceptance of such interests will facilitate the conservation or preservation of such
properties. Nothing in this section or in any provision of this Act shall be construed to affect or impair
any other authority of the Secretary under other provision of law to accept or acquire any property for
conservation or preservation or for any other purpose.
Section 304
16 U.S.C. 470w-3(a) — Confidentiality of the location of sensitive historic resources
(a) The head of a Federal agency or other public official receiving grant assistance pursuant to this Act,
after consultation with the Secretary, shall withhold from disclosure to the public, information about the
location, character, or ownership of a historic resource if the Secretary and the agency determine that
disclosure may —
(1) cause a significant invasion of privacy;
(2) risk harm to the historic resources; or
(3) impede the use of a traditional religious site by practitioners.
16 U.S.C. 470w-3(b) — Access Determi-nation
(b) When the head of a Federal agency or other public official has determined that information should
be withheld from the public pursuant to subsection (a) of this section, the Secretary, in consultation with
such Federal agency head or official, shall determine who may have access to the information for the
purpose of carrying out this Act.
16 U.S.C. 470w-3(c) — Consultation with the Advisory Council
(c) When the information in question has been developed in the course of an agency’s compliance with
section 106 or 110(f) of this Act, the Secretary shall consult with the Council in reaching determinations
under subsections (a) and (b) of this section.
Section 305
16 U.S.C. 470w-4 — Attorneys’ fees
In any civil action brought in any United States district court by any interested person to enforce the
provisions of this Act, if such person substantially prevails in such action, the court may award attorneys’
fees, expert witness fees, and other costs of participating in such action, as the court deems reasonable.
Section 306
16 U.S.C. 470w-5(a) — National Center for the Building Arts
(a) In order to provide a national center to commemorate and encourage the building arts and to pre-
serve and maintain a nationally significant building which exemplifies the great achievements of the
building arts in the United States, the Secretary and the Administrator of the General Services Admin-
istration are authorized and directed to enter into a cooperative agreement with the Committee for a
National Museum of the Building Arts, Incorporated, a nonprofit corporation organized and existing un-
der the laws of the District of Columbia, or its successor, for the operation of a National Museum for the
Building Arts in the Federal Building located in the block bounded by Fourth Street, Fifth Street, F Street,
