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State Historic Preservation Office Mandated Responsibilities
[Examples and other resources are in brackets.]

The National Historic Preservation Act of 1966, as amended (through 2000), Title I, Section 101(b)(3) [16 U.S.C. 470a(b)] — [bold added; contents in brackets added].

[SHPO responsibilities]


Heritage Preservation Services
Historic Preservation Planning Program

(3) It shall be the responsibility of the State Historic Preservation Officer [National Conference of Historic Preservation Officers] 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 [Directory of Colorado State Register Properties] and maintain inventories of such properties [Colorado, Texas] ;

(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 [description];

(D) administer the State program of Federal assistance for historic preservation [HPS/NPS grants, tax incentives] 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 [of Interior], 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 [NPS Technical Preservation Services] in historic preservation;

(H) cooperate with local governments [NPS Certified Local Government Program] in the development of local historic preservation programs and assist local governments in becoming certified pursuant to subsection (c) of this section;

(I) consult with the appropriate Federal agencies [NPS Federal Agency Assistance Program] in accordance with this Act on —

(i) Federal undertakings [Section 106] that may affect historical properties; and

(ii) the content and sufficiency of any plans developed to protect, manage, or to reduce or mitigate harm to such properties [Section 106, ACHP Case Digest]; and

(J) advise and assist in the evaluation of proposals for rehabilitation projects that may qualify for Federal assistance [NPS Federal Historic Preservation Tax Credits; there are also state historic preservation tax credits(NTHP).]

[Arrangements with nonprofit organizations]

(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 [Minnesota's State Historic Preservation Office (SHPO) is part of the Minnesota Historical Society, established in 1849; several other western states have a similar agreement.]

[Approval of existing programs]

(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 October 30, 1992 [the date of the enactment of the National Historic Preservation Act Amendments of 1992].

[Contracts or cooperative agreements with State Historic Preservation Officers]


(A) Subject to subparagraphs (C) and (D), the Secretary may enter into contracts or cooperative agreements with a State Historic Preservation Officer for any State authorizing such Officer to assist the Secretary in carrying out one or more of the following responsibilities within that State —

(i) Identification [Survey] and preservation of historic properties.

(ii) Determination of the eligibility of properties for listing on the National Register.

(iii) Preparation of nominations for inclusion on the National Register.

(iv) Maintenance of historical and archaeological data bases. [National Register Information System database (introduction); individual state surveys.]

(v) Evaluation of eligibility for Federal preservation incentives. [HPS/NPS grants, tax incentives]

Nothing in this paragraph 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.

(B) The Secretary may enter into a contract or cooperative agreement under subparagraph (A) only if —

(i) the State Historic Preservation Officer has requested the additional responsibility;

(ii) the Secretary has approved the State historic preservation program pursuant to subsection (b)(1) and (2) of this section;

(iii) 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 such Officer is fully capable of carrying out such responsibility in such manner;

(iv) 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 such contract or cooperative agreement; and

(v) 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 such responsibility.

(C) For each significant program area under the Secretary's authority, the Secretary shall establish specific conditions and criteria essential for the assumption by State Historic Preservation Officers of the Secretary's duties in each such program.

(D) Nothing in this subsection shall have the effect of diminishing the preservation programs and activities of the National Park Service.

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