- “(v) Evaluation of eligibility for Federal preservation 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 section 101(b)(1) and (2);
- “(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.”.
SEC. 4005. CERTIFICATION OF LOCAL GOVERNMENTS.
Section 101(c) of the National Historic Preservation Act (16 U.S.C. 470a(c)) is amended by adding at the end thereof the following new paragraph:
“(4) For me purposes of this section the term—
- “(A) ‘designation’ means the identification and registration of properties for protection that meet criteria established by the State or the locality for significant historic and prehistoric resources within the jurisdiction of a local government; and
- “(B) ‘protection’ means a local review process under State or local law for proposed demolition of, changes to, or other action that may affect historic properties designated pursuant to subsection (c).”.
SEC. 4006. TRIBAL HISTORIC PRESERVATION PROGRAMS.
(a) Revision of Existing Law.—Section 101 of the National Historic Preservation Act (16 U.S.C. 470a) is amended as follows—
- (1) Redesignate subsections (d), (e), (f), (g), and (h) as subsections (e), (f), (g), (h), and (i), respectively.
- (2) Insert after subsection (c) the following new subsection:
