---
kind: "section"
citation: "54 U.S.C. § 302105"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "302105"
heading: "Owner participation in nomination process"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/302105"
units:
  - "Subtitle III — National Preservation Programs"
  - "Division A — Historic Preservation"
  - "Subdivision 2 — Historic Preservation Program"
  - "Chapter 3021 — National Register of Historic Places"
---

# §302105. Owner participation in nomination process

- (a) **Regulations.—** The [Secretary](/usc/54/308101.md?p=1) shall promulgate regulations requiring that before any property may be included on the National Register or designated as a National [Historic](/usc/54/308601.md?p=2) Landmark, the owner of the property, or a majority of the owners of the individual properties within a district in the case of a [historic](/usc/54/308601.md?p=2) district, shall be given the opportunity (including a reasonable period of time) to concur in, or object to, the nomination of the property for inclusion or [designation](/usc/54/302501.md?p=1). The regulations shall include provisions to carry out this section in the case of multiple ownership of a single property.
- (b) **When Property Shall Not Be Included on National Register or Designated as National Historic Landmark.—** If the owner of any privately owned property, or a majority of the owners of privately owned properties within the district in the case of a [historic](/usc/54/308601.md?p=2) district, object to inclusion or [designation](/usc/54/302501.md?p=1), the property shall not be included on the National Register or designated as a National [Historic](/usc/54/308601.md?p=2) Landmark until the objection is withdrawn.
- (c) **Review by Secretary.—** The [Secretary](/usc/54/308101.md?p=1) shall review the nomination of the property when an objection has been made and shall determine whether or not the property is eligible for inclusion or [designation](/usc/54/302501.md?p=1). If the [Secretary](/usc/54/308101.md?p=1) determines that the property is eligible for inclusion or [designation](/usc/54/302501.md?p=1), the [Secretary](/usc/54/308101.md?p=1) shall inform the Advisory [Council](/usc/54/311101.md?p=1) on [Historic](/usc/54/308601.md?p=2) Preservation, the appropriate [State Historic Preservation Officer](/usc/54/308702.md?p=4), the appropriate chief elected local official, and the owner or owners of the property of the [Secretary](/usc/54/308101.md?p=1)’s determination.

## Source credit

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3193.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 302105(a) | 16 U.S.C. 470a(a)(6) (1st, last sentences). | Pub. L. 89–665, title I, § 101(a)(6), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2989. |
| 302105(b) | 16 U.S.C. 470a(a)(6) (2d sentence). |  |
| 302105(c) | 16 U.S.C. 470a(a)(6) (3d sentence). |  |