---
kind: "section"
citation: "54 U.S.C. § 302702"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "302702"
heading: "Indian tribe to assume functions of State Historic Preservation Officer"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/302702"
units:
  - "Subtitle III — National Preservation Programs"
  - "Division A — Historic Preservation"
  - "Subdivision 2 — Historic Preservation Program"
  - "Chapter 3027 — Historic Preservation Programs and Authorities for Indian Tribes and Native Hawaiian Organizations"
---

# §302702. Indian tribe to assume functions of State Historic Preservation Officer


An Indian tribe may assume all or any part of the functions of a [State Historic Preservation Officer](/usc/54/308702.md?p=4) in accordance with sections [302302](/usc/54/302302.md) and [302303](/usc/54/302303.md) of this title, with respect to tribal land, as those responsibilities may be modified for tribal [programs](/usc/54/308601.md?p=3) through regulations issued by the [Secretary](/usc/54/308101.md?p=1), if—

- (1) the Indian tribe’s chief governing authority so requests;
- (2) the Indian tribe designates a tribal preservation official to administer the tribal [historic](/usc/54/308601.md?p=2) preservation [program](/usc/54/308601.md?p=3), through appointment by the Indian tribe’s chief governing authority or as a tribal ordinance may otherwise provide;
- (3) the tribal preservation official provides the [Secretary](/usc/54/308101.md?p=1) with a plan describing how the functions the tribal preservation official proposes to assume will be carried out;
- (4) the [Secretary](/usc/54/308101.md?p=1) determines, after consulting with the Indian tribe, the appropriate [State Historic Preservation Officer](/usc/54/308702.md?p=4), the [Council](/usc/54/311101.md?p=1) (if the Indian tribe proposes to assume the functions of the [State Historic Preservation Officer](/usc/54/308702.md?p=4) with respect to review of undertakings under [section 306108 of this title](/usc/54/306108.md)), and other Indian tribes, if any, whose tribal or aboriginal land may be affected by conduct of the tribal preservation [program](/usc/54/308601.md?p=3), that—
  - (A) the tribal preservation [program](/usc/54/308601.md?p=3) is fully capable of carrying out the functions specified in the plan provided under [paragraph (3)](#3);
  - (B) the plan defines the remaining responsibilities of the [Secretary](/usc/54/308101.md?p=1) and the [State Historic Preservation Officer](/usc/54/308702.md?p=4); and
  - (C) the plan provides, with respect to properties neither owned by a member of the Indian tribe nor held in trust by the [Secretary](/usc/54/308101.md?p=1) for the benefit of the Indian tribe, at the request of the owner of the properties, that the [State Historic Preservation Officer](/usc/54/308702.md?p=4), in addition to the tribal preservation official, may exercise the [historic](/usc/54/308601.md?p=2) preservation responsibilities in accordance with sections [302302](/usc/54/302302.md) and [302303](/usc/54/302303.md) of this title; and
- (5) based on satisfaction of the conditions stated in paragraphs [(1)](#1), [(2)](#2), [(3)](#3), and [(4)](#4), the [Secretary](/usc/54/308101.md?p=1) approves the plan.

## Source credit

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3199.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 302702 | 16 U.S.C. 470a(d)(2) | Pub. L. 89–665, title I, § 101(d)(2), as added Pub. L. 102–575, title XL, § 4006(a)(2), Oct. 30, 1992, 106 Stat. 4756; Pub. L. 106—208, § 5(a)(1), May 26, 2000, 114 Stat. 318. |