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1) Those Acts of Congress and Executive orders that create historic areas of the National Park System administered by the National Park Service, all or portions of which may be determined to be of historic significance consistent with the intent of Congress;

2) Properties declared by the Secretary of the Interior to be of national significance and designated as National Historic Landmarks;

3) Nominations prepared under approved State Historic Preservation Programs, submitted by the State Historic Preservation officer and approved by the National Park Service (the nominations may be generated by the State Historic Preservation Program itself, or by any citizen or group within the State that wishes to make a nomination);

4) Nominations from any person or local government (only if such property is located in a State with no approved State Historic Preservation Program) approved by the National Park Service; and

5) Nominations of Federal properties prepared by Federal agencies, submitted by the Federal Preservation Officer, and approved by the National Park Service.

The most relevant process for the purposes of the Native Hawaiians Study Commission are those involving the State Historic Preservation Programs and Federal agencies. On the State level, the State Historic Preservation Plan details the implementation of the registration process in Hawaii and recent problems in that process:

The Registration of Hawaii's historic properties commenced in 1971 when the Hawaii Historic Places Review Board was formed. The Review Board is comprised of professionals in the fields of archaeology, history, architecture, sociology and Hawaiiana...

In 1980, 579 sites were removed from the State Register because of a procedural error in notifying the property owners. Although the sites on State property have been placed back on the Register, very few privately owned sites have been resubmitted. Many extremely valuable archaeological sites are not on the Register because [the Department of Land and Natural Resources'] staff is limited in size, and the review of development projects is its highest priority. 38/

State Nomination Process: For any State, the State Historic Preservation Officer has the responsibility for making the first determination of which properties meet the criteria for evaluations. To ensure high professional standards, the National Park Service requires that each State

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