2011 US Code
Title 16 - Conservation
Chapter 1A - HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES (§§ 461 - 470x-6)
Subchapter II - NATIONAL HISTORIC PRESERVATION (§§ 470 - 470x-6)
Part C - General and Miscellaneous (§§ 470w - 470w-8)
Section 470w - Definitions

As used in this subchapter, the term—

(1) “Agency” means agency as such term is defined in section 551 of title 5.

(2) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and, upon termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the Republic of Palau.

(3) “Local government” means a city, county, parish, township, municipality, or borough, or any other general purpose political subdivision of any State.

(4) “Indian tribe” or “tribe” means an Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation, as those terms are defined in section 1602 of title 43, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(5) “Historic property” or “historic resource” means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion on the National Register, including artifacts, records, and material remains related to such a property or resource.

(6) “National Register” or “Register” means the National Register of Historic Places established under section 470a of this title.

(7) “Undertaking” means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including—

(A) those carried out by or on behalf of the agency;

(B) those carried out with Federal financial assistance;

(C) those requiring a Federal permit license, or approval; and

(D) those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency.

(8) “Preservation” or “historic preservation” includes identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, conservation, and education and training regarding the foregoing activities, or any combination of the foregoing activities.

(9) “Cultural park” means a definable area which is distinguished by historic resources and land related to such resources and which constitutes an interpretive, educational, and recreational resource for the public at large.

(10) “Historic conservation district” means an area which contains (A) historic properties, (B) buildings having similar or related architectural characteristics, (C) cultural cohesiveness, or (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 collegial body established as provided in section 470a(b)(1)(B) of this title—

(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 disciplines: 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 collegial body which is established by State or local legislation as provided in section 470a(c)(1)(B) of this title, 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, architecture, 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 communities.

(15) “Certified local government” means a local government whose local historic preservation program has been certified pursuant to section 470a(c) of this title.

(16) “Council” means the Advisory Council on Historic Preservation established by section 470i of this title.

(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.

(Pub. L. 89–665, title III, §301, as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; amended Pub. L. 102–575, title XL, §4019(a), Oct. 30, 1992, 106 Stat. 4763; Pub. L. 106–208, §5(a)(10), May 26, 2000, 114 Stat. 319.)

2000—Par. (12)(C)(iii). Pub. L. 106–208 substituted semicolon for comma after “Officer”.

1992—Par. (1). Pub. L. 102–575, §4019(a)(1), struck out “, except that in the case of any Federal program exempted under section 470v of this title, the agency administering such program shall not be treated as an agency with respect to such program” after “title 5”.

Par. (2). Pub. L. 102–575, §4019(a)(2), substituted “the Trust Territory of the Pacific Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and, upon termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the Republic of Palau” for “the Trust Territories of the Pacific Islands”.

Par. (4). Pub. L. 102–575, §4019(a)(3), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “ ‘Indian tribe’ means the governing body of any Indian tribe, band, nation, or other group which is recognized as an Indian tribe by the Secretary of the Interior and for which the United States holds land in trust or restricted status for that entity or its members. Such term also includes any Native village corporation, regional corporation, and Native Group established pursuant to the Alaska Native Claims Settlement Act.”

Par. (5). Pub. L. 102–575, §4019(a)(4), substituted “Register, including artifacts, records, and material remains related to such a property or resource.” for “Register; such term includes artifacts, records, and remains which are related to such a district, site, building, structure, or object.”

Par. (7). Pub. L. 102–575, §4019(a)(5), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “ ‘Undertaking’ means any action as described in section 470f of this title.”

Par. (8). Pub. L. 102–575, §4019(a)(6), substituted “maintenance, research, interpretation, conservation, and education and training regarding the foregoing activities,” for “maintenance and reconstruction,”.

Par. (9). Pub. L. 102–575, §4019(a)(7), substituted “definable area” for “definable urban area”.

Par. (10). Pub. L. 102–575, §4019(a)(8), substituted “an area” for “an urban area of one or more neighborhoods and”.

Par. (11). Pub. L. 102–575, §4019(a)(9), inserted “acting through the Director of the National Park Service” after “of the Interior”.

Par. (12)(B). Pub. L. 102–575, §4019(a)(10), substituted “architecture, folklore, cultural anthropology, curation, conservation, and landscape architecture” for “and architecture”.

Par. (13)(A). Pub. L. 102–575, §4019(a)(11), substituted “prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture” for “archaeology”.

Pars. (14) to (18). Pub. L. 102–575, §4019(a)(12), added pars. (14) to (18).

Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1382, provided in part: “That the Trust Territory of the Pacific Islands is a State eligible for Historic Preservation Fund matching grant assistance, in fiscal year 1993 and thereafter, as authorized under 16 U.S.C. 470w(2)”.

For termination of Trust Territory of the Pacific Islands and the Trusteeship Agreement, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.