§ 302304 — Contracts And Cooperative Agreements

(a) A State may carry out all or any part of its responsibilities under this chapter by contract or cooperative agreement with a qualified nonprofit organization or educational institution. (A) Subject to paragraphs (3) and (4), the Secretary may enter into contracts or cooperative agreements with a State Historic Preservation Officer for any State authorizing the Officer to assist the Secretary in carrying out one or more of the following responsibilities within that State: (i) Identification and preservation of historic property. (ii) Determination of the eligibility of property for listing on the National Register. (iii) Preparation of nominations for inclusion on the National Register. (iv) Maintenance of historical and archeological data bases. (v) Evaluation of eligibility for Federal preservation incentives. (B) Nothing in subparagraph (A) shall be construed to provide that any State Historic Preservation Officer or any other person other than the Secretary shall have the authority to maintain the National Register for properties in any State. (2) The Secretary may enter into a contract or cooperative agreement under paragraph (1) only if— (A) the State Historic Preservation Officer has requested the additional responsibility; (B) the Secretary has approved the State historic preservation program pursuant to sections 302301 and 302302 of this title; (C) the State Historic Preservation Officer agrees to carry out the additional responsibility in a timely and efficient manner acceptable to the Secretary and the Secretary determines that the Officer is fully capable of carrying out the responsibility in that manner; (D) the State Historic Preservation Officer agrees to permit the Secretary to review and revise, as appropriate in the discretion of the Secretary, decisions made by the Officer pursuant to the contract or cooperative agreement; and (E) the Secretary and the State Historic Preservation Officer agree on the terms of additional financial assistance to the State, if there is to be any, for the costs of carrying out that responsibility. (3) For each significant program area under the Secretary’s authority, the Secretary shall establish specific conditions and criteria essential for the assumption by a State Historic Preservation Officer of the Secretary’s duties in each of those programs. (4) Nothing in this chapter shall have the effect of diminishing the preservation programs and activities of the Service.