54 U.S.C. § 300308
Historic property
In this division, the term “historic property” means any prehistoric or historic district, site, building, structure, or object included on, or eligible for inclusion on, the National Register, including artifacts, records, and material remains relating to the district, site, building, structure, or object.
Notes of Decisions
Cited in 19
cases (9 in the last 5 years), 2017–2025 · leading case: Dine Citizens Against Ruining Our Env't v. Bernhardt, 923 F.3d 831 (10th Cir. 2019).
Dine Citizens Against Ruining Our Env't v. Bernhardt, 923 F.3d 831 (10th Cir. 2019). “54 U.S.C. § 300308 . If the agency determines that no historic properties are present within the APE, it reports that finding and the NHPA process ends.”
Ctr. for Bio. Diversity v. Mark Esper, 958 F.3d 895 (9th Cir. 2020). “As to whether a dugong is “property” as the term is used in Section 402, I would hold that it is not, and that “property” protected by Section 402 is limited to a “district, site, building, structure, or object,” 54 U.S.C. § 300308 , or to items that meet the definition of…”
Havasupai Tribe v. Heather Provencio, 906 F.3d 1155 (9th Cir. 2018). “” 54 U.S.C. § 300308 . Based on its review, the Forest Service required mitigation measures to minimize the impact on possible relics buried on the site of the mine.”
Stop B2H Coalition v. Dept. of Energy, 525 P.3d 864 (Or. 2023). “” 54 USC § 300308 ; see 54 USC § 300311 (defining “National Register”).”
Oglala Sioux Tribe v. NRC, 45 F.4th 291 (D.C. Cir. 2022). “54 U.S.C. § 300308 . Before issuing a license, the Commission must “consult with any Indian tribe … that attaches religious and cultural significance to historic properties that may be affected” by the license, giving tribes a “reasonable opportunity” to identify concerns and…”
Havasupai Tribe v. Heather Provencio, 876 F.3d 1242 (9th Cir. 2017). “” 54 U.S.C. § 300308 . Based on its review, the Forest Service required mitigation measures to minimize the impact on possible relics buried on the site of.”
United Keetoowah Band of Cherokee Indians in Okla v. Fed. Commc'ns Comm'n, 933 F.3d 728 (D.C. Cir. 2019). “B § VI (formatting altered); see also 54 U.S.C. §§ 300308 , 302706. A different section of the Collocation Agreement , which did exempt certain collocations of small antennas in historic districts or on historic properties, likewise included numerous conditions to minimize…”
Solenex LLC v. Jewell, 334 F. Supp. 3d 174 (D.C. Cir. 2018). “" 54 U.S.C. §§ 300308 , 306108. This requires that the agency consult with the Advisory Council of Historic Preservation ("ACHP").”
Tohono O'Odham Nation v. United States Dep't of the Interior, 138 F.4th 1189 (9th Cir. 2025). “” 54 U.S.C. § 300308 . To be eligible for inclusion on the National Register, properties must meet the criteria set forth in 36 C.”
Save Our Sound OBX, Inc. v. N.C. Dep't of Transp., 324 F. Supp. 3d 597 (E.D.N.C. 2018). “" 54 U.S.C. § 300308 . "Undertaking means a project, activity or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial…”
Moncrief v. U.S. Dep't of Interior, 339 F. Supp. 3d 1 (D.C. Cir. 2018). “" 54 U.S.C. §§ 300308 , 306108. This requires that the agency consult with the Advisory Council of Historic Preservation and seek its comments.”
Solenex LLC v. Zinke (D.D.C. 2018). “NHPA consultation is usually considered adequate where the acting agency has “visited the site [and] consulted with the preservation authorities” before concluding there will be no adverse impact on the historic property.”
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