Page:United States Statutes at Large Volume 94 Part 3.djvu/347

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PUBLIC LAW 96-515—DEC. 12, 1980

“(3)State Historic Preservation Officer, responsibilities. It shall be the responsibility of the State Historic Preservation Officer to administer the State Historic Preservation Program and to—

“(A) in cooperation with Federal and State agencies, local governments, and private organizations and individuals, direct and conduct a comprehensive statewide survey of historic properties and maintain inventories of such properties;
“(B) identify and nominate eligible properties to the National Register and otherwise administer applications for listing historic properties on the National Register;
“(C) prepare and implement a comprehensive statewide historic preservation plan;
“(D) administer the State program of Federal assistance for historic preservation within the State;
“(E) advise and assist, as appropriate. Federal and State agencies and local governments in carrying out their historic preservation responsibilities;
“(F) cooperate with the Secretary, the Advisory Council on Historic Preservation, and other Federal and State agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development;
“(G) provide public information, education, and training and technical assistance relating to the Federal and State Historic Preservation Programs; and
“(H) cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified pursuant to subsection (c).

“(4) Any State may carry out all or any part of its responsibilities under this subsection by contract or cooperative agreement with any qualified nonprofit organization or educational institution.

“(5) Any State historic preservation program in effect under prior authority of law may be treated as an approved program for purposes of this subsection until the earlier of—

“(A) the date on which the Secretary approves a program submitted by the State under this subsection, or
“(B) three years after the date of the enactment of the National Historic Preservation Act Amendments of 1980.Ante, p. 2987.

“(c)(1)Certification. Any State program approved under this section shall provide a mechanism for the certification by the State Historic Preservation Officer of local governments to carry out the purposes of this Act and provide for the transfer, in accordance with section 103(c),Post, p. 2994. of a portion of the grants received by the States under this Act, to such local governments. Requirements.Any local government shall be certified to participate under the provisions of this section if the applicable State Historic Preservation Officer, and the Secretary, certifies that the local government—

“(A) enforces appropriate State or local legislation for the designation and protection of historic properties;
“(B) has established an adequate and qualified historic preservation review commission by State or local legislation;
“(C) maintains a system for the survey and inventory of historic properties that furthers the purposes of subsection (b);
“(D) provides for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register; and
“(E) satisfactorily performs the responsibilities delegated to it under this Act.