1. (a) Nomination by State.— Subject to the requirements of section 302107 of this title, any State that is carrying out a program approved under chapter 3023 shall nominate to the Secretary property that meets the criteria promulgated under section 302103 of this title for inclusion on the National Register. Subject to section 302107 of this title, any property nominated under this subsection or under section 306102 of this title shall be included on the National Register on the date that is 45 days after receipt by the Secretary of the nomination and the necessary documentation, unless the Secretary disapproves the nomination within the 45-day period or unless an appeal is filed under subsection (c).
2. (b) Nomination by Person or Local Government.— Subject to the requirements of section 302107 of this title, the Secretary may accept a nomination directly from any person or local government for inclusion of a property on the National Register only if the property is located in a State where there is no program approved under chapter 3023 of this title. The Secretary may include on the National Register any property for which such a nomination is made if the Secretary determines that the property is eligible in accordance with the regulations promulgated under section 302103 of this title. The determination shall be made within 90 days from the date of the nomination unless the nomination is appealed under subsection (c).

3. (c) Appeal.— Any person or local government may appeal to the Secretary—

   1. (1) a nomination of any property for inclusion on the National Register; and
   2. (2) the failure of a nominating authority to nominate a property in accordance with this chapter.

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3192.)

In subsection (c)(1), the word “historic” is omitted because a historic property already is eligible for inclusion on the National Register and would not have to be nominated for inclusion.

In subsection (c)(2), the words “or refusal” are omitted as unnecessary.