U.S. Code » Title 54 » Subtitle Subtitle III— National Preservation Programs › Division DIVISION A— HISTORIC PRESERVATION › Chapter CHAPTER 3021— NATIONAL REGISTER OF HISTORIC PLACES

54 U.S.C. § 302105

Owner participation in nomination process

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(a)Regulations.—The Secretary shall promulgate regulations requiring that before any property may be included on the National Register or designated as a National Historic Landmark, the owner of the property, or a majority of the owners of the individual properties within a district in the case of a historic district, shall be given the opportunity (including a reasonable period of time) to concur in, or object to, the nomination of the property for inclusion or designation. The regulations shall include provisions to carry out this section in the case of multiple ownership of a single property.(b)When Property Shall Not Be Included on National Register or Designated as National Historic Landmark.—If the owner of any privately owned property, or a majority of the owners of privately owned properties within the district in the case of a historic district, object to inclusion or designation, the property shall not be included on the National Register or designated as a National Historic Landmark until the objection is withdrawn.(c)Review by Secretary.—The Secretary shall review the nomination of the property when an objection has been made and shall determine whether or not the property is eligible for inclusion or designation. If the Secretary determines that the property is eligible for inclusion or designation, the Secretary 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 the property of the Secretary’s determination.(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3193.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

302105(a)

16 U.S.C. 470a(a)(6) (1st, last sentences).

Pub. L. 89–665, title I, § 101(a)(6), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2989.

302105(b)

16 U.S.C. 470a(a)(6) (2d sentence).

302105(c)

16 U.S.C. 470a(a)(6) (3d sentence).

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2022–2023 · leading case: Thomas Norton v. Joy Beasley (6th Cir. 2022).
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Thomas Norton v. Joy Beasley (6th Cir. 2022). “6(n); 54 U.S.C. § 302105 (c). Once a property is nominated to the Keeper, it will typically be included in the National Register within 45 days, unless the Keeper disapproves the nomination, an appeal is filed, or a majority of owners object to the listing.”
United Daughters of the Confederacy, N.C. Div. v. City of Winston-Salem (N.C. 2022). “First, plaintiff asserts that the old courthouse was listed on the National Register of Historic Places in 2013 at the recommendation of the County and the North Carolina Department of Cultural and Natural Resources, and that this is significant because 54 U.S.C. § 302105 (a)…”
United Daughters of the Confederacy, N.C. Div. v. City of Winston-Salem (N.C. 2022). “First, plaintiff asserts that the old courthouse was listed on the National Register of Historic Places in 2013 at the recommendation of the County and the North Carolina Department of Cultural and Natural Resources, and that this is significant because 54 U.S.C. § 302105 (a)…”
Scott, Suzie v. St. John's Lutheran Church (W.D. Wis. 2023). “See 54 U.S.C. § 302105 (“If the owner of any privately owned property .”
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