---
kind: "section"
citation: "54 U.S.C. § 302304"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "302304"
heading: "Contracts and cooperative agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/302304"
units:
  - "Subtitle III — National Preservation Programs"
  - "Division A — Historic Preservation"
  - "Subdivision 2 — Historic Preservation Program"
  - "Chapter 3023 — State Historic Preservation Programs"
---

# §302304. Contracts and cooperative agreements

- (a) **State.—** 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.
- (b) **Secretary.—**
  - (1) **In general.—**
    - (A) **Authority to assist secretary.—** Subject to paragraphs [(3)](#b-3) and [(4)](#b-4), the [Secretary](/usc/54/308101.md?p=1) may enter into contracts or cooperative agreements with a [State Historic Preservation Officer](/usc/54/308702.md?p=4) for any State authorizing the Officer to assist the [Secretary](/usc/54/308101.md?p=1) in carrying out one or more of the following responsibilities within that State:
      - (i) Identification and preservation of [historic property](/usc/54/308901.md?p=3).
      - (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) **Authority to maintain national register.—** Nothing in [subparagraph (A)](#b-1-A) shall be construed to provide that any [State Historic Preservation Officer](/usc/54/308702.md?p=4) or any other person other than the [Secretary](/usc/54/308101.md?p=1) shall have the authority to maintain the National Register for properties in any State.
  - (2) **Requirements.—** The [Secretary](/usc/54/308101.md?p=1) may enter into a contract or cooperative agreement under [paragraph (1)](#b-1) only if—
    - (A) the [State Historic Preservation Officer](/usc/54/308702.md?p=4) has requested the additional responsibility;
    - (B) the [Secretary](/usc/54/308101.md?p=1) has approved the State [historic](/usc/54/308601.md?p=2) preservation [program](/usc/54/308601.md?p=3) pursuant to sections [302301](/usc/54/302301.md) and [302302](/usc/54/302302.md) of this title;
    - (C) the [State Historic Preservation Officer](/usc/54/308702.md?p=4) agrees to carry out the additional responsibility in a timely and efficient manner acceptable to the [Secretary](/usc/54/308101.md?p=1) and the [Secretary](/usc/54/308101.md?p=1) determines that the Officer is fully capable of carrying out the responsibility in that manner;
    - (D) the [State Historic Preservation Officer](/usc/54/308702.md?p=4) agrees to permit the [Secretary](/usc/54/308101.md?p=1) to review and revise, as appropriate in the discretion of the [Secretary](/usc/54/308101.md?p=1), decisions made by the Officer pursuant to the contract or cooperative agreement; and
    - (E) the [Secretary](/usc/54/308101.md?p=1) and the [State Historic Preservation Officer](/usc/54/308702.md?p=4) 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) **Establish conditions and criteria.—** For each significant [program](/usc/54/308601.md?p=3) area under the [Secretary](/usc/54/308101.md?p=1)’s authority, the [Secretary](/usc/54/308101.md?p=1) shall establish specific conditions and criteria essential for the assumption by a [State Historic Preservation Officer](/usc/54/308702.md?p=4) of the [Secretary](/usc/54/308101.md?p=1)’s duties in each of those [programs](/usc/54/308601.md?p=3).
  - (4) **Preservation programs and activities not diminished.—** Nothing in this chapter shall have the effect of diminishing the preservation [programs](/usc/54/308601.md?p=3) and activities of the [Service](/usc/54/100102.md?p=4).

## Source credit

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3196.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 302304 | 16 U.S.C. 470a(b)(4). | Pub. L. 89–665, title I, § 101(b)(4), 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. 2991. |
|  | 16 U.S.C. 470a(b)(6). | Pub. L. 89–665, title I, § 101(b)(6), as added Pub. L. 102–575, title XL, § 4004(4), Oct. 30, 1992, 106 Stat. 4754. |