54 U.S.C. § 300101 - National Historic Preservation Act of 1966 (NHPA)

§ 200510

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

(2) such other records as will facilitate an effective audit.
(b) ACCESS.—The Secretary and the Comptroller General shall have access for the purpose
of audit and examination to any records of the
recipient that are pertinent to assistance received under this chapter.

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

200511(a) .....

16 U.S.C. 2512(a) (1st
paragraph 1st, 3d,
last sentences).

Pub. L. 95–625, title X,
§ 1013(a) (1st paragraph),
Nov. 10, 1978, 92 Stat. 3544;
Pub. L. 98–454, title VI,
§ 601(a), Oct. 5, 1984, 98
Stat. 1736; Pub. L. 103–322,
title III, § 31505(a), Sept.
13, 1994, 108 Stat. 1889.

200511(b),
(c).
200511(d) .....

16 U.S.C. 2512(a) (1st
paragraph 2d sentence).
16 U.S.C. 2512(b).

200511(e) .....

16 U.S.C. 2513.

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3186.)
HISTORICAL AND REVISION NOTES
Revised
Section
200509 .........

Source (U.S. Code)
16 U.S.C. 2511.

Source (Statutes at Large)
Pub. L. 95–625, title X, § 1012,
Nov. 10, 1978, 92 Stat. 3543.

In subsection (a)(1), the word ‘‘fully’’ is omitted as
unnecessary.
In subsection (b), the words ‘‘or their duly authorized
representatives’’ are omitted as unnecessary. See section 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C.
App., 43 U.S.C. 1451 note) for the Secretary and 31
U.S.C. 711(2) for the Comptroller General.

§ 200510. Inapplicability of matching provisions
Amounts authorized for Guam, American
Samoa, the Virgin Islands, and the Northern
Mariana Islands are not subject to the matching
provisions of this chapter, and may be subject
only to such conditions, reports, plans, and
agreements, if any, as the Secretary may determine.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3186.)
HISTORICAL AND REVISION NOTES
Revised
Section
200510 .........

Page 90

Pub. L. 95–625, title X,
§ 1013(b), as added Pub. L.
103–322, title III, § 31505(a),
Sept. 13, 1994, 108 Stat.
1890.
Pub. L. 95–625, title X, § 1014,
Nov. 10, 1978, 92 Stat. 3544.

In subsection (a), the text of 16 U.S.C. 2512(a) (1st
paragraph 1st and last sentences) is omitted as obsolete. The words ‘‘in the aggregate’’ are omitted as unnecessary. The words ‘‘amount made available for
grants to all of the States’’ are substituted for ‘‘aggregate amount of funds authorized to be appropriated’’
for clarity and for consistency in the section.
In subsections (b) and (c), the words ‘‘made available
for grants’’ are substituted for ‘‘authorized’’ for clarity
and for consistency in the section.
In subsection (b), the words ‘‘local park and recreation’’ are omitted as unnecessary because of the defined term.

Subtitle III—National Preservation
Programs
DIVISION A—HISTORIC PRESERVATION
SUBDIVISION 1—GENERAL PROVISIONS

Source (U.S. Code)

Source (Statutes at Large)

CHAPTER 3001—POLICY
16 U.S.C. 2512(a)
(last paragraph).

Pub. L. 95–625, title X,
§ 1013(a) (last paragraph),
Nov. 10, 1978, 92 Stat. 3544;
Pub. L. 98–454, title VI,
§ 601(a), Oct. 5, 1984, 98
Stat. 1736; Pub. L. 103–322,
title III, § 31505(a), Sept.
13, 1994, 108 Stat. 1889.

The text of 16 U.S.C. 2512(a) (last paragraph 1st sentence) is omitted as obsolete.

§ 200511. Funding limitations
(a) LIMITATION OF FUNDS.—The amount of
grants made under this chapter for projects in
any one State for any fiscal year shall not be
more than 15 percent of the amount made available for grants to all of the States for that fiscal
year.
(b) RECOVERY ACTION PROGRAM GRANTS.—Not
more than 3 percent of the amount made available for grants under this chapter for a fiscal
year shall be used for recovery action program
grants.
(c) INNOVATION GRANTS.—Not more than 10 percent of the amount made available for grants
under this chapter for a fiscal year shall be used
for innovation grants.
(d) PROGRAM SUPPORT.—Not more than 25 percent of the amount made available under this
chapter to any local government shall be used
for program support.
(e) NO LAND ACQUISITION.—No funds made
available under this chapter shall be used for
the acquisition of land or an interest in land.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3187.)

Sec.

300101.

Policy.

§ 300101. Policy
It is the policy of the Federal Government, in
cooperation with other nations and in partnership with States, local governments, Indian
tribes, Native Hawaiian organizations, and private organizations and individuals, to—
(1) use measures, including financial and
technical assistance, to foster conditions
under which our modern society and our historic property can exist in productive harmony and fulfill the social, economic, and
other requirements of present and future generations;
(2) provide leadership in the preservation of
the historic property of the United States and
of the international community of nations and
in the administration of the national preservation program;
(3) administer federally owned, administered, or controlled historic property in a spirit of stewardship for the inspiration and benefit of present and future generations;
(4) contribute to the preservation of nonfederally owned historic property and give maximum encouragement to organizations and individuals undertaking preservation by private
means;
(5) encourage the public and private preservation and utilization of all usable elements of
the Nation’s historic built environment; and

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TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

(6) assist State and local governments, Indian tribes and Native Hawaiian organizations, and the National Trust to expand and
accelerate their historic preservation programs and activities.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3187.)
HISTORICAL AND REVISION NOTES
Revised
Section
300101 .........

Source (U.S. Code)
16 U.S.C. 470–1.

Source (Statutes at Large)
Pub. L. 89–665, § 2, as added
Pub. L. 96–515, title I,
§ 101(a), Dec. 12, 1980, 94
Stat. 2988; Pub. L. 102–575,
title XL, § 4002, Oct. 30,
1992, 106 Stat. 4753.

The words ‘‘Native Hawaiian organizations’’ are
added for consistency in the section.
In paragraph (2), the words ‘‘in partnership with
States, Indian tribes, Native Hawaiians, and local governments’’ are omitted as unnecessary because the
words are used in the introductory material of this section.
Executive Documents
EX. ORD. NO. 11593. PROTECTION AND ENHANCEMENT OF
THE CULTURAL ENVIRONMENT
Ex. Ord. No. 11593, May 13, 1971, 36 F.R. 8921, provided:
By virtue of the authority vested in me as President
of the United States and in furtherance of the purposes
and policies of the National Environmental Policy Act
of 1969 (83 Stat. 852, 42 U.S.C. 4321 et seq.), the National
Historic Preservation Act of 1966 (80 Stat. 915, [former]
16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.], the
Historic Sites Act of 1935 (49 Stat. 666, [former] 16
U.S.C. 461 et seq.) [see 18 U.S.C. 1866(a), 54 U.S.C. 102303,
102304, 320101 et seq.], and the Antiquities Act of 1906 (34
Stat. 225, 16 [former] U.S.C. 431 et seq.) [see 18 U.S.C.
1866(b), 54 U.S.C. 320301(a) to (c), 320302, 320303], it is ordered as follows:
SECTION 1. Policy. The Federal Government shall provide leadership in preserving, restoring and maintaining the historic and cultural environment of the Nation. Agencies of the executive branch of the Government (hereinafter referred to as ‘‘Federal agencies’’)
shall (1) administer the cultural properties under their
control in a spirit of stewardship and trusteeship for future generations, (2) initiate measures necessary to direct their policies, plans and programs in such a way
that federally owned sites, structures, and objects of
historical, architectural or archaeological significance
are preserved, restored and maintained for the inspiration and benefit of the people, and (3), in consultation
with the Advisory Council on Historic Preservation
([former] 16 U.S.C. 470i [see 54 U.S.C. 304101]), institute
procedures to assure that Federal plans and programs
contribute to the preservation and enhancement of
non-federally owned sites, structures and objects of historical, architectural or archaeological significance.
SEC. 2. Responsibilities of Federal agencies. Consonant
with the provisions of the acts cited in the first paragraph of this order, the heads of Federal agencies shall:
(a) no later than July 1, 1973, with the advice of the
Secretary of the Interior, and in cooperation with the
liaison officer for historic preservation for the State or
territory involved, locate, inventory, and nominate to
the Secretary of the Interior all sites, buildings, districts, and objects under their jurisdiction or control
that appear to qualify for listing on the National Register of Historic Places.
(b) exercise caution during the interim period until
inventories and evaluations required by subsection (a)
are completed to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished or substantially altered. The agency head shall refer any questionable actions to the Secretary of the Interior for an opinion re-

§ 300101

specting the property’s eligibility for inclusion on the
National Register of Historic Places. The Secretary
shall consult with the liaison officer for historic preservation for the State or territory involved in arriving at
his opinion. Where, after a reasonable period in which
to review and evaluate the property, the Secretary determines that the property is likely to meet the criteria prescribed for listing on the National Register of
Historic Places, the Federal agency head shall reconsider the proposal in light of national environmental
and preservation policy. Where, after such reconsideration, the Federal agency head proposes to transfer,
sell, demolish or substantially alter the property he
shall not act with respect to the property until the Advisory Council on Historic Preservation shall have been
provided an opportunity to comment on the proposal.
(c) initiate measures to assure that where as a result
of Federal action or assistance a property listed on the
National Register of Historic Places is to be substantially altered or demolished, timely steps be taken to
make or have made records, including measured drawings, photographs and maps, of the property, and that
copy of such records then be deposited in the Library
of Congress as part of the Historic American Buildings
Survey or Historic American Engineering Record for
future use and reference. Agencies may call on the Department of the Interior for advice and technical assistance in the completion of the above records.
(d) initiate measures and procedures to provide for
the maintenance, through preservation, rehabilitation,
or restoration, of federally owned and registered sites
at professional standards prescribed by the Secretary of
the Interior.
(e) submit procedures required pursuant to subsection
(d) to the Secretary of the Interior and to the Advisory
Council on Historic Preservation no later than January
1, 1972, and annually thereafter, for review and comment.
(f) cooperate with purchasers and transferees of a
property listed on the National Register of Historic
Places in the development of viable plans to use such
property in a manner compatible with preservation objectives and which does not result in an unreasonable
economic burden to public or private interests.
SEC. 3. Responsibilities of the Secretary of the Interior.
The Secretary of the Interior shall:
(a) encourage State and local historic preservation
officials to evaluate and survey federally owned historic properties and, where appropriate, to nominate
such properties for listing on the National Register of
Historic Places.
(b) develop criteria and procedures to be applied by
Federal agencies in the reviews and nominations required by section 2(a). Such criteria and procedures
shall be developed in consultation with the affected
agencies.
(c) expedite action upon nominations to the National
Register of Historic Places concerning federally owned
properties proposed for sale, transfer, demolition or
substantial alteration.
(d) encourage State and Territorial liaison officers
for historic preservation to furnish information upon
request to Federal agencies regarding their properties
which have been evaluated with respect to historic, architectural or archaeological significance and which as
a result of such evaluations have not been found suitable for listing on the National Register of Historic
Places.
(e) develop and make available to Federal agencies
and State and local governments information concerning professional methods and techniques for preserving, improving, restoring and maintaining historic
properties.
(f) advise Federal agencies in the evaluation, identification, preservation, improvement, restoration and
maintenance of historic properties.
(g) review and evaluate the plans of transferees of
surplus Federal properties transferred for historic
monument purposes to assure that the historic character of such properties is preserved in rehabilitation,

§ 300101

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

restoration, improvement, maintenance and repair of
such properties.
(h) review and comment upon Federal agency procedures submitted pursuant to section 2(e) of this order.
RICHARD NIXON.
EX. ORD. NO. 13934. BUILDING AND REBUILDING
MONUMENTS TO AMERICAN HEROES
Ex. Ord. No. 13934, July 3, 2020, 85 F.R. 41165, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Purpose. America owes its present greatness to its past sacrifices. Because the past is always at
risk of being forgotten, monuments will always be
needed to honor those who came before. Since the time
of our founding, Americans have raised monuments to
our greatest citizens. In 1784, the legislature of Virginia
commissioned the earliest statue of George Washington, a ‘‘monument of affection and gratitude’’ to a
man who ‘‘unit[ed] to the endowment[s] of the Hero the
virtues of the Patriot’’ and gave to the world ‘‘an Immortal Example of true Glory.’’ I Res. H. Del. (June 24,
1784). In our public parks and plazas, we have erected
statues of great Americans who, through acts of wisdom and daring, built and preserved for us a republic of
ordered liberty.
These statues are silent teachers in solid form of
stone and metal. They preserve the memory of our
American story and stir in us a spirit of responsibility
for the chapters yet unwritten. These works of art call
forth gratitude for the accomplishments and sacrifices
of our exceptional fellow citizens who, despite their
flaws, placed their virtues, their talents, and their lives
in the service of our Nation. These monuments express
our noblest ideals: respect for our ancestors, love of
freedom, and striving for a more perfect union. They
are works of beauty, created as enduring tributes. In
preserving them, we show reverence for our past, we
dignify our present, and we inspire those who are to
come. To build a monument is to ratify our shared national project.
To destroy a monument is to desecrate our common
inheritance. In recent weeks, in the midst of protests
across America, many monuments have been vandalized or destroyed. Some local governments have responded by taking their monuments down. Among others, monuments to Christopher Columbus, George
Washington, Thomas Jefferson, Benjamin Franklin,
Francis Scott Key, Ulysses S. Grant, leaders of the abolitionist movement, the first all-volunteer AfricanAmerican regiment of the Union Army in the Civil
War, and American soldiers killed in the First and Second World Wars have been vandalized, destroyed, or removed.
These statues are not ours alone, to be discarded at
the whim of those inflamed by fashionable political
passions; they belong to generations that have come
before us and to generations yet unborn. My Administration will not abide an assault on our collective national memory. In the face of such acts of destruction,
it is our responsibility as Americans to stand strong
against this violence, and to peacefully transmit our
great national story to future generations through
newly commissioned monuments to American heroes.
SEC. 2. Task Force for Building and Rebuilding Monuments to American Heroes. (a) There is hereby established the Interagency Task Force for Building and Rebuilding Monuments to American Heroes (Task Force).
The Task Force shall be chaired by the Secretary of the
Interior (Secretary), and shall include the following additional members:
(i) the Administrator of General Services (Administrator);
(ii) the Chairperson of the National Endowment for
the Arts (NEA);
(iii) the Chairperson of the National Endowment for
the Humanities (NEH);
(iv) the Chairman of the Advisory Council on Historic
Preservation (ACHP); and

Page 92

(v) any officers or employees of any executive department or agency (agency) designated by the President or
the Secretary.
(b) The Department of the Interior shall provide funding and administrative support as may be necessary for
the performance and functions of the Task Force. The
Secretary shall designate an official of the Department
of the Interior to serve as the Executive Director of the
Task Force, responsible for coordinating its day-to-day
activities.
(c) The Chairpersons of the NEA and NEH and the
Chairman of the ACHP shall establish cross-department initiatives within the NEA, NEH, and ACHP, respectively, to advance the purposes of the Task Force
and this order and to coordinate relevant agency operations with the Task Force.
SEC. 3. National Garden of American Heroes. (a) It shall
be the policy of the United States to establish a statuary park named the National Garden of American Heroes (National Garden).
(b) Within 60 days of the date of this order [July 3,
2020], the Task Force shall submit a report to the President through the Assistant to the President for Domestic Policy that proposes options for the creation of the
National Garden, including potential locations for the
site. In identifying options, the Task Force shall:
(i) strive to open the National Garden expeditiously;
(ii) evaluate the feasibility of creating the National
Garden through a variety of potential avenues, including existing agency authorities and appropriations; and
(iii) consider the availability of authority to encourage and accept the donation or loan of statues by
States, localities, civic organizations, businesses, religious organizations, and individuals, for display at the
National Garden.
(c) In addition to the requirements of subsection 3(b)
of this order, the proposed options for the National
Garden should adhere to the criteria described in subsections (c)(i) through (c)(vi) of this section.
(i) The National Garden should be composed of statues, including statues of John Adams, Susan B. Anthony, Clara Barton, Daniel Boone, Joshua Lawrence
Chamberlain, Henry Clay, Davy Crockett, Frederick
Douglass, Amelia Earhart, Benjamin Franklin, Billy
Graham, Alexander Hamilton, Thomas Jefferson, Martin Luther King, Jr., Abraham Lincoln, Douglas MacArthur, Dolley Madison, James Madison, Christa
McAuliffe, Audie Murphy, George S. Patton, Jr., Ronald Reagan, Jackie Robinson, Betsy Ross, Antonin
Scalia, Harriet Beecher Stowe, Harriet Tubman, Booker T. Washington, George Washington, and Orville and
Wilbur Wright.
(ii) The National Garden should be opened for public
access prior to the 250th anniversary of the proclamation of the Declaration of Independence on July 4, 2026.
(iii) Statues should depict historically significant
Americans, as that term is defined in section 7 of this
order, who have contributed positively to America
throughout our history. Examples include: the Founding Fathers, those who fought for the abolition of slavery or participated in the underground railroad, heroes
of the United States Armed Forces, recipients of the
Congressional Medal of Honor or Presidential Medal of
Freedom, scientists and inventors, entrepreneurs, civil
rights leaders, missionaries and religious leaders, pioneers and explorers, police officers and firefighters
killed or injured in the line of duty, labor leaders, advocates for the poor and disadvantaged, opponents of
national socialism or international socialism, former
Presidents of the United States and other elected officials, judges and justices, astronauts, authors, intellectuals, artists, and teachers. None will have lived perfect lives, but all will be worth honoring, remembering,
and studying.
(iv) All statues in the National Garden should be lifelike or realistic representations of the persons they depict, not abstract or modernist representations.
(v) The National Garden should be located on a site
of natural beauty that enables visitors to enjoy nature,
walk among the statues, and be inspired to learn about

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TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

great figures of America’s history. The site should be
proximate to at least one major population center, and
the site should not cause significant disruption to the
local community.
(vi) As part of its civic education mission, the National Garden should also separately maintain a collection of statues for temporary display at appropriate
sites around the United States that are accessible to
the general public.
SEC. 4. Commissioning of New Statues and Works of Art.
(a) The Task Force shall examine the appropriations
authority of the agencies represented on it in light of
the purpose and policy of this order. Based on its examination of relevant authorities, the Task Force shall
make recommendations for the use of these agencies’
appropriations.
(b) To the extent appropriate and consistent with applicable law and the other provisions of this order,
Task Force agencies that are authorized to provide for
the commissioning of statues or monuments shall, in
expending funds, give priority to projects involving the
commissioning of publicly accessible statues of persons
meeting the criteria described in section 3(b)(iii) of this
order, with particular preference for statues of the
Founding Fathers, former Presidents of the United
States, leading abolitionists, and individuals involved
in the discovery of America.
(c) To the extent appropriate and consistent with applicable law, these agencies shall prioritize projects
that will result in the installation of a statue as described in subsection (b) of this section in a community
where a statue depicting a historically significant
American was removed or destroyed in conjunction
with the events described in section 1 of this order.
(d) After consulting with the Task Force, the Administrator of General Services shall promptly revise and
thereafter operate the General Service Administration’s (GSA’s) Art in Architecture (AIA) Policies and
Procedures, GSA Acquisition Letter V–10–01, and Part
102–77 of title 41, Code of Federal Regulations, to
prioritize the commission of works of art that portray
historically significant Americans or events of American historical significance or illustrate the ideals upon
which our Nation was founded. Priority should be given
to public-facing monuments to former Presidents of the
United States and to individuals and events relating to
the discovery of America, the founding of the United
States, and the abolition of slavery. Such works of art
should be designed to be appreciated by the general
public and by those who use and interact with Federal
buildings. Priority should be given to this policy above
other policies contained in Part 102–77 of title 41, Code
of Federal Regulations, and revisions made pursuant to
this subsection shall be made to supersede any regulatory provisions of AIA that may conflict with or otherwise impede advancing the purposes of this subsection.
(e) When a statue or work of art commissioned pursuant to this section is meant to depict a historically significant American, the statue or work of art shall be a
lifelike or realistic representation of that person, not
an abstract or modernist representation.
SEC. 5. Educational Programming. The Chairperson of
the NEH shall prioritize the allocation of funding to
programs and projects that educate Americans about
the founding documents and founding ideals of the
United States, as appropriate and to the extent consistent with applicable law, including section 956 of
title 20, United States Code. The founding documents
include the Declaration of Independence, the Constitution, and the Federalist Papers. The founding ideals include equality under the law, respect for inalienable individual rights, and representative self-government.
Within 90 days of the conclusion of each Fiscal Year
from 2021 through 2026, the Chairperson shall submit a
report to the President through the Assistant to the
President for Domestic Policy that identifies funding
allocated to programs and projects pursuant to this
section.
SEC. 6. Protection of National Garden and Statues Commissioned Pursuant to this Order. The Attorney General

§ 300302

shall apply section 3 of Executive Order 13933 of June
26, 2020 (Protecting American Monuments, Memorials,
and Statues and Combating Recent Criminal Violence)
[34 U.S.C. 60101 note prec.], with respect to violations of
Federal law regarding the National Garden and all statues commissioned pursuant to this order.
SEC. 7. Definition. The term ‘‘historically significant
American’’ means an individual who was, or became, an
American citizen and was a public figure who made
substantive contributions to America’s public life or
otherwise had a substantive effect on America’s history. The phrase also includes public figures such as
Christopher Columbus, Junipero Serra, and the Marquis de La Fayette, who lived prior to or during the
American Revolution and were not American citizens,
but who made substantive historical contributions to
the discovery, development, or independence of the future United States.
SEC. 8. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
DONALD J. TRUMP.

CHAPTER 3003—DEFINITIONS
Sec.

300301.
300302.
300303.
300304.
300305.
300306.
300307.
300308.
300309.
300310.
300311.
300312.
300313.
300314.
300315.
300316.
300317.
300318.
300319.
300320.
300321.

Agency.
Certified local government.
Council.
Cultural park.
Historic conservation district.
Historic Preservation Fund.
Historic preservation review commission.
Historic property.
Indian tribe.
Local government.
National Register.
National Trust.
Native Hawaiian.
Native Hawaiian organization.
Preservation or historic preservation.
Secretary.
State.
State historic preservation review board.
Tribal land.
Undertaking.
World Heritage Convention.

§ 300301. Agency
In this division, the term ‘‘agency’’ has the
meaning given the term in section 551 of title 5.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3188.)
HISTORICAL AND REVISION NOTES
Revised
Section
300301 .........

Source (U.S. Code)
16 U.S.C. 470w(1).

Source (Statutes at Large)
Pub. L. 89–665, title III,
§ 301(1), as added Pub. L.
96–515, title V, § 501, Dec.
12, 1980, 94 Stat. 3001; Pub.
L.
102–575,
title
XL,
§ 4019(a)(1), Oct. 30, 1992,
106 Stat. 4763; Pub. L.
106–208, § 5(a)(10), May 26,
2000, 114 Stat. 319.

§ 300302. Certified local government
In this division, the term ‘‘certified local government’’ means a local government whose local