Historic Properties

Designation evidence

• NARA authority row: 54 USC 307103 | status: Specified | banner: CUI//SP-HISTP.
• DoD authority row: 54 USC 307103. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: 54 USC 307103 | status: Specified | banner: CUI//SP-HISTP
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Specified, CUI//SP-HISTP. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Specified with banner CUI//SP-HISTP.

Extracted authority meaning

• Page 123 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 307101
• Registry designation context: Specified, CUI//SP-HISTP. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• NARA category scope used with this authority: Related to the location, character, or ownership of historic property.
• DoD category scope used with this authority: Related to the location, character, or ownership of historic property.
• 54 USC 307103 | status: Specified | banner: CUI//SP-HISTP
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-HISTP. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to the location, character, or ownership of historic property.
• Extracted authority condition: Page 123 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 307101 (b) GUIDELINES.—To promote the preservation of historic property eligible for listing on the National Register, the Secretary shall, in con- sultation with the Council, promulgate guide- lines to ensure that Federal, State, and tribal historic preservation programs subject to this division include plans to— (1) provide information to the owners of his- toric property (including architectural, cura- torial, and archeological property) with dem- onstrated or likely research significance, about the need for protection of the historic property, and the available means of protec- tion; (2) encourage owners to preserve historic property intact and in place and offer the own- ers of historic property information on the tax and grant assistance available for the dona- tion of the historic property or of a preserva- tion easement of the historic property; (3) encourage the protection of Native Amer- ican cultural items (within the meaning of section 2 of the Native American Graves Pro- tection and Repatriation Act (25 U.S.C.
• Extracted authority condition: If, within the 60 calendar days, a committee has reported or been discharged from further consideration of such a resolution, the regulation may go into effect not sooner than 90 calendar days of continuous ses- sion of Congress after its promulgation unless disapproved as provided for.
• Extracted authority condition: Access to information (a) A UTHORITYTOWITHHOLDFROMDISCLO- SURE.—The head of a Federal agency, or other public official receiving grant assistance pursu- ant to this division, after consultation with the Secretary, shall withhold from disclosure to the public information about the location, char- acter, or ownership of a historic property if the Secretary and the agency determine that disclo- sure may— (1) cause a significant invasion of privacy; (2) risk harm to the historic property; or (3) impede the use of a traditional religious site by practitioners.
• Extracted authority condition: Definition In this chapter, the term ‘‘Secretary’’ means the Secretary, acting through the American Battlefield Protection Program.

Safeguarding and dissemination controls

• NARA registry control evidence: status Specified; banner marking CUI//SP-HISTP.
• Nara basic or specified: Specified
• Nara authority rows: 54 USC 307103 | status: Specified | banner: CUI//SP-HISTP || 36 CFR 60.6(x) | status: Specified | banner: CUI//SP-HISTP || 36 CFR 800.11(c) | status: Specified | banner: CUI//SP-HISTP
• Nara banner markings: CUI//SP-HISTP
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: Page 123 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 307101 (b) GUIDELINES.—To promote the preservation of historic property eligible for listing on the National Register, the Secretary shall, in con- sultation with the Council, promulgate guide- lines to ensure that Federal, State, and tribal historic preservation programs subject to this division include plans to— (1) provide information to the owners of his- toric property (including architectural, cura- torial, and archeological property) with dem- onstrated or likely research significance, about the need for protection of the historic property, and the available means of protec- tion; (2) encourage owners to preserve historic property intact and in place and offer the own- ers of historic property information on the tax and grant assistance available for the dona- tion of the historic property or of a preserva- tion easement of the historic property; (3) encourage the protection of Native Amer- ican cultural items (within the meaning of section 2 of the Native American Graves Pro- tection and Repatriation Act (25 U.S.C.
• Extracted authority control: 3001)) and of property of religious or cultural impor- tance to Indian tribes, Native Hawaiian orga- nizations, or other Native American groups; and (4) encourage owners that are undertaking archeological excavations to— (A) conduct excavations and analyses that meet standards for federally-sponsored exca- vations established by the Secretary; (B) donate or lend artifacts of research sig- nificance to an appropriate research institu- tion; (C) allow access to artifacts for research purposes; and (D) prior to excavating or disposing of a Native American cultural item in which an Indian tribe or Native Hawaiian organiza- tion may have an interest under subpara- graph (B) or (C) of section 3(a)(2) of the Na- tive American Graves Protection and Repa- triation Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and consult with the Indian tribe or Native Hawaiian organization.
• Extracted authority control: Access to information (a) A UTHORITYTOWITHHOLDFROMDISCLO- SURE.—The head of a Federal agency, or other public official receiving grant assistance pursu- ant to this division, after consultation with the Secretary, shall withhold from disclosure to the public information about the location, char- acter, or ownership of a historic property if the Secretary and the agency determine that disclo- sure may— (1) cause a significant invasion of privacy; (2) risk harm to the historic property; or (3) impede the use of a traditional religious site by practitioners.
• Extracted authority control: Each nomination shall in- clude evidence of such legal protections as may be necessary to ensure preservation of the prop- erty and its environment (including restrictive covenants, easements, or other forms of protec- tion).
• Extracted authority control: Authorization for expenditure of appro- priated funds Where appropriate, each Federal agency may expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this division, except to the ex- tent that appropriations legislation expressly provides otherwise.
• Extracted authority control: In subsection (b)(1), the word ‘‘property’’ is sub- stituted for ‘‘resources’’ for consistency because the de- fined term in the new division is ‘‘property’’.
• Extracted authority control: Attorney’s fees and costs to prevailing parties in civil actions In any civil action brought in any United States district court by any interested person to enforce this division, if the person substantially prevails in the action, the court may award at- torney’s fees, expert witness fees, and other costs of participating in the civil action, as the court considers reasonable.

Designation evidence

• NARA authority row: 36 CFR 60.6(x) | status: Specified | banner: CUI//SP-HISTP.
• Related authority evidence: 36 CFR 60.6(x) | status: Specified | banner: CUI//SP-HISTP

Extracted authority meaning

None listed

Operating conditions

• NARA category scope used with this authority: Related to the location, character, or ownership of historic property.
• 36 CFR 60.6(x) | status: Specified | banner: CUI//SP-HISTP
• NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-HISTP. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to the location, character, or ownership of historic property.

Safeguarding and dissemination controls

• NARA registry control evidence: status Specified; banner marking CUI//SP-HISTP.
• Nara basic or specified: Specified
• Nara authority rows: 54 USC 307103 | status: Specified | banner: CUI//SP-HISTP || 36 CFR 60.6(x) | status: Specified | banner: CUI//SP-HISTP || 36 CFR 800.11(c) | status: Specified | banner: CUI//SP-HISTP
• Nara banner markings: CUI//SP-HISTP
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.

Designation evidence

• NARA authority row: 36 CFR 800.11(c) | status: Specified | banner: CUI//SP-HISTP.
• DoD authority row: 36 CFR 800.11(c). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: 36 CFR 800.11(c) | status: Specified | banner: CUI//SP-HISTP
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Specified, CUI//SP-HISTP. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
• Registry designation for this category is Specified with banner CUI//SP-HISTP.

Extracted authority meaning

• (1) Information from participants. Sec-
• Registry designation context: Specified, CUI//SP-HISTP. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.

Operating conditions

• NARA category scope used with this authority: Related to the location, character, or ownership of historic property.
• DoD category scope used with this authority: Related to the location, character, or ownership of historic property.
• 36 CFR 800.11(c) | status: Specified | banner: CUI//SP-HISTP
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-HISTP. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to the location, character, or ownership of historic property.
• Extracted authority condition: 109 Advisory Council on Historic Preservation § 800.13 (3) Copies or summaries of any views submitted to the agency official con- cerning the adverse effects of the un- dertaking on historic properties and al- ternatives to reduce or avoid those ef- fects; and (4) Any substantive revisions or addi- tions to the documentation provided the Council pursuant to § 800.6(a)(1). § 800.12 Emergency situations.
• Extracted authority condition: Documentation shall in- clude: (1) A description of the undertaking, specifying the Federal involvement, and its area of potential effects, includ- ing photographs, maps, and drawings, as necessary; (2) A description of the steps taken to identify historic properties; (3) A description of the affected his- toric properties, including information on the characteristics that qualify them for the National Register; (4) A description of the undertaking’s effects on historic properties; (5) An explanation of why the criteria of adverse effect were found applicable or inapplicable, including any condi- tions or future actions to avoid, mini- mize or mitigate adverse effects; and (6) Copies or summaries of any views provided by consulting parties and the public.
• Extracted authority condition: When the agency official’s identification ef- forts in accordance with § 800.4 indicate that historic properties are likely to be discovered during implementation of an undertaking and no programmatic agreement has been developed pursuant to paragraph (a)(1) of this section, the agency official shall include in any finding of no adverse effect or memo- randum of agreement a process to re- solve any adverse effects upon such properties.
• Extracted authority condition: An agency official may develop a programmatic agreement pursuant to § 800.14(b) to govern the actions to be taken when historic properties are dis- covered during the implementation of an undertaking.
• Extracted authority condition: 107 Advisory Council on Historic Preservation § 800.11 (1) Information from participants.
• Extracted authority condition: Section 304 of the act provides that the head of a Federal agency or other public official receiv- ing grant assistance pursuant to the act, after consultation with the Sec- retary, shall withhold from public dis- closure information about the location, character, or ownership of a historic property when disclosure may cause a significant invasion of privacy; risk harm to the historic property; or im- pede the use of a traditional religious site by practitioners.

Safeguarding and dissemination controls

• NARA registry control evidence: status Specified; banner marking CUI//SP-HISTP.
• Nara basic or specified: Specified
• Nara authority rows: 54 USC 307103 | status: Specified | banner: CUI//SP-HISTP || 36 CFR 60.6(x) | status: Specified | banner: CUI//SP-HISTP || 36 CFR 800.11(c) | status: Specified | banner: CUI//SP-HISTP
• Nara banner markings: CUI//SP-HISTP
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: When the information in question has been developed in the course of an agency’s compliance with this part, the Secretary shall consult with the Coun- cil in reaching determinations on the withholding and release of information.
• Extracted authority control: Where applicable, those authori- ties shall govern public access to infor- mation developed in the section 106 process and may authorize the agency official to protect the privacy of non- governmental applicants.
• Extracted authority control: Section 304 of the act provides that the head of a Federal agency or other public official receiv- ing grant assistance pursuant to the act, after consultation with the Sec- retary, shall withhold from public dis- closure information about the location, character, or ownership of a historic property when disclosure may cause a significant invasion of privacy; risk harm to the historic property; or im- pede the use of a traditional religious site by practitioners.
• Extracted authority control: Other Federal laws and program requirements may limit public access to information concerning an under- taking and its effects on historic prop- erties.
• Extracted authority control: When the head of a Federal agency or other public offi- cial has determined that information should be withheld from the public pur- suant to these criteria, the Secretary, in consultation with such Federal agency head or official, shall determine who may have access to the informa- tion for the purposes of carrying out the act.