(b) Historic Property on National Register on December 12, 1980.—All historic property included on the National Register on December 12, 1980, shall be deemed to be included on the National Register as of their initial listing for purposes of this division.
(c) Historic Property Listed in Federal Register of February 6, 1979, or Prior to December 12, 1980, as National Historic Landmarks.—All historic property listed in the Federal Register of February 6, 1979, or prior to December 12, 1980, as National Historic Landmarks are declared by Congress to be National Historic Landmarks of national historic significance as of their initial listing in the Federal Register for purposes of this division and chapter 3201 of this title, except that in the case of a National Historic Landmark district for which no boundaries had been established as of December 12, 1980, boundaries shall first be published in the Federal Register.
§ 302103. Criteria and regulations relating to National Register, National Historic Landmarks, and World Heritage List
The Secretary, in consultation with national historical and archeological associations, shall—
- (1) establish criteria for properties to be included on the National Register and criteria for National Historic Landmarks; and
- (2) promulgate regulations for—
- (A) nominating properties for inclusion on, and removal from, the National Register and the recommendation of properties by certified local governments;
- (B) designating properties as National Historic Landmarks and removing that designation;
- (C) considering appeals from recommendations, nominations, removals, and designations (or any failure or refusal by a nominating authority to nominate or designate);
- (D) nominating historic property for inclusion in the World Heritage List in accordance with the World Heritage Convention;
- (E) making determinations of eligibility of properties for inclusion on the National Register; and
- (F) notifying the owner of a property, any appropriate local governments, and the general public, when the property is being considered for inclusion on the National Register, for designation as a National Historic Landmark, or for nomination to the World Heritage List.
§ 302104. Nominations for inclusion on National Register
(a) Nomination by State.—Subject to the requirements of section 302107 of this title, any State that is carrying out a program approved under chapter 3023 shall nominate to the Secretary property that meets the criteria promulgated under section 302103 of this title for inclusion on the National Register. Subject to section 302107 of this title, any property nominated under this subsection or under section 306102 of this title shall be included on the National Register on the date that is 45 days after receipt by the Secretary of the nomination and the necessary documentation, unless the Secretary disapproves the nomination within the 45-day period or unless an appeal is filed under subsection (c).
