CHAPTER 1A —HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—NATIONAL HISTORIC PRESERVATION
Part A—Programs
Part B—Advisory Council on Historic Preservation
Part C—General and Miscellaneous
Part D—National Center for Preservation Technology and Training
SUBCHAPTER I—GENERAL PROVISIONS
§461. Declaration of national policy
It is declared that it is a national policy to preserve for public use historic sites, buildings, and objects of national significance for the inspiration and benefit of the people of the United States.
(Aug. 21, 1935, ch. 593, §1,
Short Title of 2006 Amendment
Short Title of 2005 Amendment
Short Title of 2000 Amendment
Short Title of 1998 Amendment
Short Title
Act Aug. 21, 1935, ch. 593,
For other historic sites included within this title, see General Index.
| Cowpens National Battlefield Site, South Carolina.—Act Mar. 4, 1929, ch. 699, |
| Fort Necessity National Battlefield Site, Pennsylvania.—Act Mar. 4, 1931, ch. 504, |
| Shenandoah Valley Battlefields National Historic District, Virginia.— |
| Washita Battlefield National Historic Site, Oklahoma.— |
| Ohio & Erie National Heritage Canalway, Ohio [formerly Ohio & Erie Canal National Heritage Corridor].— |
| America's Agricultural Heritage Partnership, Iowa.— |
| Champlain Valley National Heritage Partnership, New York and Vermont.— |
| Great Basin National Heritage Route, Nevada and Utah.— |
Historic Confinement Sites
"SECTION 1. PRESERVATION OF HISTORIC CONFINEMENT SITES.
"(a)
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(A) Jerome, depicted in Figure 7.1 of the Site Document.
"(B) Rohwer, depicted in Figure 11.2 of the Site Document.
"(C) Topaz, depicted in Figure 12.2 of the Site Document.
"(D) Honouliuli, located on the southern part of the Island of Oahu, Hawaii, and within the land area bounded by H1 to the south, Route 750 (Kunia Road) to the east, the Honouliuli Forest Reserve to the west, and Kunia town and Schofield Barracks to the north.
"(E) Heart Mountain, depicted in Figure 6.3 of the Site Document.
"(3)
"(d)
"(e)
"SEC. 2. DEFINITIONS.
"For purposes of this Act the following definitions apply:
"(1)
"(B) other historically significant locations, as determined by the Secretary, where Japanese Americans were detained during World War II.
"(2)
"(3)
"SEC. 3. PRIVATE PROPERTY PROTECTION.
"No Federal funds made available to carry out this Act may be used to acquire any real property or any interest in any real property without the written consent of the owner or owners of that property or interest in property.
"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to the Secretary $38,000,000 to carry out this Act. Such sums shall remain available until expended."
Crossroads of the West Historic District
Route 66 Corridor
Chesapeake Bay Initiative
Charleston, Arkansas, National Commemorative Site
"(a) The Congress finds that—
"(1) the 1954 U.S. Supreme Court decision of Brown v. Board of Education, which mandated an end to the segregation of public schools, was one of the most significant Court decisions in the history of the United States;
"(2) the Charleston Public School District in Charleston, Arkansas, in September, 1954, became the first previously-segregated public school district in the former Confederacy to integrate following the Brown decision;
"(3) the orderly and peaceful integration of the public schools in Charleston served as a model and inspiration in the development of the Civil Rights movement in the United States, particularly with respect to public education; and
"(4) notwithstanding the important role of the Charleston School District in the successful implementation of integrated public schools, the role of the district has not been adequately commemorated and interpreted for the benefit and understanding of the nation.
"(b) The Charleston Public School complex in Charleston, Arkansas is hereby designated as the 'Charleston National Commemorative Site' in commemoration of the Charleston schools' role as the first public school district in the South to integrate following the 1954 United States Supreme Court decision, Brown v. Board of Education.
"(c) The Secretary, after consultation with the Charleston Public School District, shall establish an appropriate commemorative monument and interpretive exhibit at the Charleston National Commemorative Site to commemorate the 1954 integration of Charleston's public schools."
Vancouver National Historic Reserve
Great Falls Historic District, New Jersey
Aleutian World War II National Historic Area
Maine Acadian Culture Preservation Act
Southwestern Pennsylvania Heritage Preservation Commission
Historic Resources of Camden, South Carolina
"(b) Beginning October 1, 1982, there are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [this note], but not to exceed $250,000."
Ebey's Landing National Historical Reserve
"(a) [Establishment, area of reserve] There is hereby established the Ebey's Landing National Historical Reserve (hereinafter referred to as the 'reserve'), in order to preserve and protect a rural community which provides an unbroken historical record from nineteenth century exploration and settlement in Puget Sound to the present time, and to commemorate—
"(1) the first thorough exploration of the Puget Sound area, by Captain George Vancouver, in 1792;
"(2) settlement by Colonel Isaac Neff Ebey who led the first permanent settlers to Whidbey Island, quickly became an important figure in Washington Territory, and ultimately was killed by Haidahs from the Queen Charlotte Islands during a period of Indian unrest in 1857;
"(3) early active settlement during the years of the Donation Land Law (1850–1855) [Sept. 27, 1850, ch. 76,
"(4) the growth since 1883 of the historic town of Coupeville.
The reserve shall include the area of approximately eight thousand acres identified as the Central Whidbey Island Historic District.
"(b) [Comprehensive plan; transmittal to Congress] (1) To achieve the purpose of this section, the Secretary, in cooperation with the appropriate State and local units of general government, shall formulate a comprehensive plan for the protection, preservation, and interpretation of the reserve. The plan shall identify those areas or zones within the reserve which would most appropriately be devoted to—
"(A) public use and development;
"(B) historic and natural preservation; and
"(C) private use subject to appropriate local zoning ordinances designed to protect the historical rural setting.
"(2) Within eighteen months following the date of enactment of this section [Nov. 10, 1978], the Secretary shall transmit the plan to the President of the Senate and the Speaker of the House of Representatives.
"(c) [Cooperative agreement; land use controls; transfer of management and administration; assistance; grants, limitation of amount] At such time as the State or appropriate units of local government having jurisdiction over land use within the reserve have enacted such zoning ordinances or other land use controls which in the judgment of the Secretary will protect and preserve the historic and natural features of the area in accordance with the comprehensive plan, the Secretary may, pursuant to cooperative agreement—
"(1) transfer management and administration over all or any part of the property acquired under subsection (d) of this section to the State or appropriate units of local government;
"(2) provide technical assistance to such State or unit of local government in the management, protection, and interpretation of the reserve; and
"(3) make periodic grants, which shall be supplemental to any other funds to which the grantee may be entitled under any other provision of law, to such State or local unit of government for the annual costs of operation and maintenance, including but not limited to, salaries of personnel and the protection, preservation, and rehabilitation of the reserve except that no such grant may exceed 50 per centum of the estimated annual cost, as determined by the Secretary, of such operation and maintenance.
"(d) [Acquisition of property; administration by Secretary] The Secretary is authorized to acquire such lands and interests as he determines are necessary to accomplish the purposes of this section by donation, purchase with donated or appropriated funds, or exchange, except that the Secretary may not acquire the fee simple title to any land without the consent of the owner. The Secretary shall, in addition, give prompt and careful consideration to any offer made by an individual owning property within the historic district to sell such property, if such individual notifies the Secretary that the continued ownership of such property is causing, or would result in, undue hardship.
"Lands and interests therein so acquired shall, so long as responsibility for management and administration remains with the United States, be administered by the Secretary subject to the provisions of the Act of August 25, 1916 (
"(e) [Management inconsistencies; notification; modifications; withdrawal; management by Secretary] If, after the transfer of management and administration of any lands pursuant to subsection (c) of this section, the Secretary determines that the reserve is not being managed in a manner consistent with the purposes of this section, he shall so notify the appropriate officers of the State or local unit of government to which such transfer was made and provide for a ninety-day period in which the transferee may make such modifications in applicable laws, ordinances, rules, and procedures as will be consistent with such purposes. If, upon the expiration of such ninety-day period, the Secretary determines that such modifications have not been made or are inadequate, he shall withdraw the management and administration from the transferee and he shall manage such lands in accordance with the provisions of this section.
"(f) [Authorization of appropriations] There is hereby authorized to be appropriated not to exceed $5,000,000 to carry out the provisions of this section."
Saint Paul's Church, Eastchester
"(a) [Acquisition of property] In order to preserve and protect Saint Paul's Church, Eastchester, in Mount Vernon, New York, for the benefit of present and future generations, the Secretary may accept any gift or bequest of any property or structure which comprises such church and any other real or personal property located within the square bounded by South Columbus Avenue, South Third Avenue, Edison Avenue, and South Fulton Avenue, in Mount Vernon, New York, including the cemetery located within such square and any real property located within such square which was at any time a part of the old village green, now in Mount Vernon, New York.
"(b) [Administration; repairs; cooperative agreements: management protection, development and interpretation] Any property acquired under subsection (a) shall be administered by the Secretary acting through the National Park Service, in accordance with this section and provisions of law generally applicable to units of the National Park System, including the Act approved August 25, 1916 (
Lowell Historic Canal District, Lowell, Massachusetts
"
"
"(1) the Secretary of the Interior, the Secretary of Housing and Urban Development, the Secretary of Transportation, and the Secretary of Commerce, all ex officio; and
"(2) five members appointed by the Secretary of the Interior, one of whom shall be the Director of the National Park Service, two of whom shall be appointed from recommendations submitted by the manager of the city of Lowell, and two of whom shall be appointed from recommendations submitted by the Governor of the Commonwealth of Massachusetts. The members appointed pursuant to this paragraph shall have knowledge and experience in one or more of the fields of history, architecture, the arts, recreation planning, city planning, or government.
"(b) Each member of the Commission specified in paragraph (1) of subsection (a) and the Director of the National Park Service may designate an alternate official to serve in his stead. Members appointed pursuant to paragraph (2) of subsection (a) who are officers or employees of the Federal Government, the city of Lowell, or the Commonwealth of Massachusetts, shall serve without compensation as such. Other members, when engaged in activities of the Commission, shall be entitled to compensation at the rate of not to exceed $100 per diem. All members of the Commission shall receive reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the Commission.
"
"(b) The Commission shall have power to appoint and fix the compensation of such additional personnel as may be necessary to carry out its duties, without regard to the provisions of the civil service laws and the Classification Act of 1949 [see
"(c) The Commission may also procure, without regard to the civil service laws and the Classification Act of 1949 [see
"(d) The members of the Commission specified in paragraph (1) of section 2(a) shall provide the Commission, on a reimbursable basis, with such facilities and services under their jurisdiction and control as may be needed by the Commission to carry out its duties, to the extent that such facilities and services are requested by the Commission and are otherwise available for that purpose. To the extent of available appropriations, the Commission may obtain, by purchase, rental, donation, or otherwise, such additional property, facilities, and services as may be needed to carry out its duties. Upon the termination of the Commission all property, personal and real, and unexpended funds shall be transferred to the Department of the Interior.
"
"
"
"(1) acquire lands and interests therein within the Lowell Historic Canal District by purchase, lease, donation, or exchange;
"(2) hold, maintain, use, develop, or operate buildings, facilities, and any other properties;
"(3) sell, lease, or otherwise dispose of real or personal property as necessary to carry out the plan;
"(4) enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, the Commonwealth of Massachusetts, and any governmental unit within its boundaries, or any person, firm, association, or corporation as may be necessary;
"(5) establish (through covenants, regulations, agreements, or otherwise) such restrictions, standards, and requirements as are necessary to assure development, maintenance, use, and protection of the Lowell Historic Canal District in accordance with the plan; and
"(6) borrow money from the Treasury of the United States in such amounts as may be authorized in appropriation Acts on the basis of obligations issued by the Commission in accordance with terms and conditions approved by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any such obligations of the Commission.
"
"
Proc. No. 3339. Establishment of Key Largo Coral Reef Preserve
Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, provided:
WHEREAS there is situated seaward from the coast of Key Largo, Florida, an undersea coral reef formation which is part of the only living coral reef formation along the coast of North America; and
WHEREAS this unique coral formation and its associated marine life are of great scientific interest and value to students of the sea; and
WHEREAS this coral reef is considered to be one of the most beautiful formations of its kind in the world; and
WHEREAS the reef is being subjected to commercial exploitation and is in danger of destruction; and
WHEREAS it is in the public interest to preserve this formation of great scientific and esthetic importance for the benefit and enjoyment of the people; and
WHEREAS a portion of this reef lies inside the three-mile limit in the area relinquished to the State of Florida by the United States through the Submerged Lands Act, approved May 22, 1953 (
WHEREAS the United States and the State of Florida are desirous of cooperating for the purpose of preserving the scenic and scientific values of this area unimpaired for the benefit of future generations; and
WHEREAS by the terms of the Outer Continental Shelf Lands Act the United States has jurisdiction over the lands of the outer Continental Shelf and has the exclusive right to dispose of the natural resources of the sea bed and subsoil thereof; and
WHEREAS section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of
WHEREAS section 5 of the Outer Continental Shelf Lands Act [
NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes of the United States, particularly section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of
That portion of the outer Continental Shelf situated seaward of a line three geographic miles from Key Largo, Monroe County, Florida, lying and being within the following described area:
Beginning at a point on the 60-foot depth curve (10-fathom line) as delineated on Coast and Geodetic Survey Chart 1249 (approximate Latitude 25°17′36″ N., Longitude 80°10′00″ W.), 200 yards southeast of Flashing White Light—Whistle Buoy "2"; thence northwesterly approximately 7,000 yards through Whistle Buoy "2" to Can Buoy "21" (approximate Latitude 25°20′06″ N., Longitude 80°12′36″ W.) southeast of Old Rhodes Key; thence southwesterly about 6,900 yards to Can Buoy "25"; thence southwesterly approximately 5,500 yards to Can Buoy "27"; thence southwesterly approximately 5,000 yards to Flashing Green Light "31BH" in Hawk Channel southeast of Point Elizabeth; thence southwesterly approximately 10,650 yards to Black Day Beacon "33" in Hawk Channel east of Point Willie; thence southwesterly approximately 9,800 yards to Flashing White Light "35" on Mosquito Bank east of Point Charles; thence southwesterly approximately 5,400 yards to Black Day Beacon "37" (approximate Latitude 25°02′25″ N., Longitude 80°25′36″ W.), southeast of Rodriguez Key; thence southeasterly approximately 7,100 yards (pass 600 yards southwest of Flashing Light "2" at Molasses Reef) to the 60-foot depth curve (10-fathom line) 800 yards due south of said light at Molasses Reef (approximate Latitude 25°00′18″ N., Longitude 80°22′30″ W.); thence northeasterly with the 60-foot depth curve and 10-fathom line (passing easterly of French Reef, Dixie Shoal, The Elbow, and Carysfort Reef) approximately 21 miles to the point of beginning.
I call upon all persons to join in the effort to protect and preserve this natural wonder for the benefit of future generations.
The Secretary of the Interior is requested to prescribe rules and regulations governing the protection and conservation of the coral and other mineral resources in this area and to cooperate with the State of Florida and its conservation agencies in the preservation of the reef.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.
DONE at the City of Washington this fifteenth day of March in the year of our Lord nineteen hundred and sixty, and of the Independence of the United States of America the one hundred and eighty-fourth.
[
Dwight D. Eisenhower.
§462. Administration by Secretary of the Interior; powers and duties enumerated
The Secretary of the Interior (hereinafter in
(a) Secure, collate, and preserve drawings, plans, photographs, and other data of historic and archaeologic sites, buildings, and objects.
(b) Make a survey of historic and archaeologic sites, buildings, and objects for the purpose of determining which possess exceptional value as commemorating or illustrating the history of the United States.
(c) Make necessary investigations and researches in the United States relating to particular sites, buildings, or objects to obtain true and accurate historical and archaeological facts and information concerning the same.
(d) For the purpose of
(e) Contract and make cooperative agreements with States, municipal subdivisions, corporations, associations, or individuals, with proper bond where deemed advisable, to protect, preserve, maintain, or operate any historic or archaeologic building, site, object, or property used in connection therewith for public use, regardless as to whether the title thereto is in the United States: Provided, That no contract or cooperative agreement shall be made or entered into which will obligate the general fund of the Treasury unless or until Congress has appropriated money for such purpose.
(f) Restore, reconstruct, rehabilitate, preserve, and maintain historic or prehistoric sites, buildings, objects, and properties of national historical or archaeological significance and where deemed desirable establish and maintain museums in connection therewith.
(g) Erect and maintain tablets to mark or commemorate historic or prehistoric places and events of national historical or archaeological significance.
(h) Operate and manage historic and archaeologic sites, buildings, and properties acquired under the provisions of
(i) When the Secretary determines that it would be administratively burdensome to restore, reconstruct, operate, or maintain any particular historic or archaeologic site, building, or property donated to the United States through the National Park Service, he may cause the same to be done by organizing a corporation for that purpose under the laws of the District of Columbia or any State.
(j) Develop an educational program and service for the purpose of making available to the public facts and information pertaining to American historic and archaeologic sites, buildings, and properties of national significance. Reasonable charges may be made for the dissemination of any such facts or information.
(k) Perform any and all acts, and make such rules and regulations not inconsistent with
(Aug. 21, 1935, ch. 593, §2,
Amendments
1965—Subsec. (h).
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Financial Assistance for Maintenance and Protection of Folger Library and Corcoran Gallery of Art; Limitation on Contract Authority
"(b) Authority to enter into contracts or cooperative agreements, to incur obligations, or to make payments under this Act [
§463. National Park System Advisory Board
(a) Establishment; composition; duties
There is hereby established a National Park System Advisory Board, whose purpose shall be to advise the Director of the National Park Service on matters relating to the National Park Service, the National Park System, and programs administered by the National Park Service. The Board shall advise the Director on matters submitted to the Board by the Director as well as any other issues identified by the Board. Members of the Board shall be appointed on a staggered term basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. The Board shall be comprised of no more than 12 persons, appointed from among citizens of the United States having a demonstrated commitment to the mission of the National Park Service. Board members shall be selected to represent various geographic regions, including each of the administrative regions of the National Park Service. At least 6 of the members shall have outstanding expertise in 1 or more of the following fields: history, archeology, anthropology, historical or landscape architecture, biology, ecology, geology, marine science, or social science. At least 4 of the members shall have outstanding expertise and prior experience in the management of national or State parks or protected areas, or national or cultural resources management. The remaining members shall have outstanding expertise in 1 or more of the areas described above or in another professional or scientific discipline, such as financial management, recreation use management, land use planning or business management, important to the mission of the National Park Service. At least 1 individual shall be a locally elected official from an area adjacent to a park. The Board shall hold its first meeting by no later than 60 days after the date on which all members of the Advisory Board who are to be appointed have been appointed. Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. The Board may adopt such rules as may be necessary to establish its procedures and to govern the manner of its operations, organization, and personnel. All members of the Board shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Board while away from home or their regular place of business, in accordance with sub
(b) Staff; applicability of Federal law
(1) The Secretary is authorized to hire 2 full-time staffers to meet the needs of the Advisory Board.
(2) Service of an individual as a member of the Board shall not be considered as service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Board, or as an employee of the Board, shall not be considered service in an appointive or elective position in the Government for purposes of
(c) Authority of Board
(1) Upon request of the Director, the Board is authorized to—
(A) hold such hearings and sit and act at such times,
(B) take such testimony,
(C) have such printing and binding done,
(D) enter into such contracts and other arrangements.2
(E) make such expenditures, and
(F) take such other actions, as the Board may deem advisable. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.
(2) The Board may establish committees or subcommittees. Any such subcommittees or committees shall be chaired by a voting member of the Board.
(d) Federal Advisory Committee Act
The provisions of the Federal Advisory Committee Act shall apply to the Board established under this section with the exception of section 14(b).
(e) Cooperation of Federal agencies; use of mails
(1) The Board is authorized to secure directly from any office, department, agency, establishment, or instrumentality of the Federal Government such information as the Board may require for the purpose of this section, and each such officer, department, agency, establishment, or instrumentality is authorized and directed to furnish, to the extent permitted by law, such information, suggestions, estimates, and statistics directly to the Board, upon request made by a member of the Board.
(2) Upon the request of the Board, the head of any Federal department, agency, or instrumentality is authorized to make any of the facilities and services of such department, agency, or instrumentality to 3 the Board, on a nonreimbursable basis, to assist the Board in carrying out its duties under this section.
(3) The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies in the United States.
(f) Termination
The National Park System Advisory Board shall continue to exist until January 1, 2010. The provisions of section 14(b) of the Federal Advisory Committee Act (the Act of October 6, 1972;
(g) National Park Service Advisory Council
There is hereby established the National Park Service Advisory Council (hereafter in this section referred to as the "advisory council") which shall provide advice and counsel to the National Park System Advisory Board. Membership on the advisory council shall be limited to those individuals whose term on the advisory board has expired. Such individuals may serve as long as they remain active except that not more than 12 members may serve on the advisory council at any one time. Members of the advisory council shall not have a vote on the National Park System Advisory Board. Members of the advisory council shall receive no salary but may be paid expenses incidental to travel when engaged in discharging their duties as members. Initially, the Secretary shall choose 12 former members of the Advisory Board to constitute the advisory council. In so doing, the Secretary shall consider their professional expertise and demonstrated commitment to the National Park System and to the Advisory Board.
(Aug. 21, 1935, ch. 593, §3,
References in Text
The Federal Advisory Committee Act, referred to in subsecs. (d) and (f), is
Amendments
2009—Subsec. (f).
2007—Subsec. (f).
2005—Subsec. (f).
1996—Subsec. (a).
Subsecs. (b) to (e).
Subsec. (f).
Subsec. (g).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
1978—Subsec. (a).
1976—
Effective Date of 2005 Amendment
Effective Date of 1996 Amendment
Authorization of Appropriations
New York City National Shrines Advisory Board
Act Aug. 11, 1955, ch. 779, §§1, 2,
Federal Hall National Memorial
Act Aug. 11, 1955, ch. 779, §3,
1 So in original. Probably should be subchapter "I".
2 So in original. The period probably should be a comma.
3 So in original. Probably should be "available to".
§464. Cooperation with governmental and private agencies
(a) 1 Authorization
The Secretary, in administering
(b) Advisory committees
When deemed necessary, technical advisory committees may be established to act in an advisory capacity in connection with the restoration or reconstruction of any historic or prehistoric building or structure.
(c) Employment of assistance
Such professional and technical assistance may be employed, and such service may be established as may be required to accomplish the purposes of
(Aug. 21, 1935, ch. 593, §4,
Codification
In subsec. (c), provisions that authorized employment of professional and technical assistance "without regard to the civil-service laws" were omitted as such employment is subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, §1,
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
1 Subsection designation "(a)" supplied.
§465. Jurisdiction of States in acquired lands
Nothing in
(Aug. 21, 1935, ch. 593, §5,
§466. Requirement for specific authorization
(a) In general
Except as provided in subsection (b) of this section, notwithstanding any other provision of law, no funds appropriated or otherwise made available to the Secretary of the Interior to carry out
(1) unless the appropriation of such funds has been specifically authorized by law enacted on or after October 30, 1992; or
(2) in excess of the amount prescribed by law enacted on or after October 30, 1992.
(b) Savings provision
Nothing in this section shall prohibit or limit the expenditure or obligation of any funds appropriated prior to January 1, 1993.
(c) Authorization of appropriations
Except as provided by subsection (a) of this section, there is authorized to be appropriated for carrying out the purposes of
(Aug. 21, 1935, ch. 593, §6,
Codification
October 30, 1992, referred to in subsec. (a), was in the original "the date of enactment of this section" and "such date", which were translated as meaning the date of enactment of
Amendments
1992—
§467. Conflict of laws
The provisions of
(Aug. 21, 1935, ch. 593, §7,
§467a. Repealed. Pub. L. 96–586, §4(a)(1), (b), Dec. 23, 1980, 94 Stat. 3386
Section,
Effective Date of Repeal
For effective date of repeal, see
Repeals, Redesignations, Conveyances, Etc., Involving Mar-A-Lago National Historic Site
"(a)(1) Effective upon the conveyance or transfer authorized in subsection b, the Act of October 21, 1972, entitled 'An Act to provide for the administration of the Mar-A-Lago National Historic Site, in Palm Beach, Florida' [
"(2) The order of designation of the Mar-A-Lago National Historic Site, dated January 16, 1969, is repealed and the site described therein is hereby designated as the Mar-A-Lago National Historic Landmark.
"(b) The Secretary of the Interior shall, within one hundred and twenty days of the date of enactment of this Act [Dec. 23, 1980], take such measures, consistent with the terms and conditions of the deed of conveyance from Marjorie M. Post to the United States of America, dated December 18, 1972, as may be necessary to transfer the property described in the order of designation of the Mar-A-Lago National Historic Site to the Majorie [sic] Merriweather Post Foundation of the District of Columbia (a charitable foundation organized under the District of Columbia Nonprofit Corporation Act).
"(c) The Secretary is authorized upon conveyance, to make appropriate adjustments in the funds available for the administration and management of the property, including but not limited to, return of unobligated donated funds to the trustees of the Marjorie Merriweather Post Foundation of the District of Columbia, and reprogram existing appropriations to related functions and activities of the National Park Service."
§467a–1. Repealed. Pub. L. 96–586, §4(a)(1), (b), Dec. 23, 1980, 94 Stat. 3386
Section,
Effective Date of Repeal
For effective date of repeal, see
§467b. Survey by Secretary of the Interior of sites for commemoration of former Presidents of the United States
(a) Authority to conduct survey
The Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to conduct a survey of sites which he deems exhibit qualities most appropriate for the commemoration of each former President of the United States. The survey may include sites associated with the deeds, leadership, or lifework of a former President, and it may identify sites or structures historically unrelated to a former President but which may be suitable as a memorial to honor such President.
(b) Preparation and transmittal to Congressional committees of reports on individual sites and structures
The Secretary shall, from time to time, prepare and transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate reports on individual sites and structures identified in the survey referred to in subsection (a) of this section, together with his recommendation as to whether such site or structure is suitable for establishment as a national historic site or national memorial to commemorate a former President. Each such report shall include pertinent information with respect to the need for acquisition of lands and interests therein, the development of facilities, and the operation and maintenance of the site or structure and the estimated cost thereof. If during the six-month period following the transmittal of a report pursuant to this subsection neither Committee has by vote of a majority of its members disapproved a recommendation of the Secretary that a site or structure is suitable for establishment as a national historic site, the Secretary may thereafter by appropriate order establish the same as a national historic site, including the lands and interests therein identified in the report accompanying his recommendation. The Secretary may acquire the lands and interests therein by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, and he shall administer the site in accordance with
(c) Prohibited statutory constructions
Nothing in this section shall be construed as diminishing the authority of the Secretary under
(d) Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.
(
Amendments
1994—Subsec. (b).
§468. National Trust for Historic Preservation in the United States; creation; purpose
In order to further the policy enunciated in
(Oct. 26, 1949, ch. 755, §1,
Reservation of Rights
Act Oct. 26, 1949, ch. 755, §7,
§468a. Principal office of National Trust Commission
The National Trust shall have its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be an inhabitant and resident thereof. The National Trust may establish offices in such other place or places as it may deem necessary or appropriate in the conduct of its business.
(Oct. 26, 1949, ch. 755, §2,
§468b. Administration of National Trust; composition of board of trustees; terms of office; compensation; expenses
The affairs of the National Trust shall be under the general direction of a board of trustees composed as follows: The Attorney General of the United States; the Secretary of the Interior; and the Director of the National Gallery of Art, ex officio; and not less than six general trustees who shall be citizens of the United States, to be chosen as hereinafter provided. The Attorney General, and the Secretary of the Interior, when it appears desirable in the interest of the conduct of the business of the board and to such extent as they deem it advisable, may, by written notice to the National Trust, designate any officer of their respective departments to act for them in the discharge of their duties as a member of the board of trustees. The number of general trustees shall be fixed by the Board of Trustees of the National Trust and shall be chosen by the members of the National Trust from its members at any regular meeting of said National Trust. The respective terms of office of the general trustees shall be as prescribed by said board of trustees but in no case shall exceed a period of five years from the date of election. A successor to a general trustee shall be chosen in the same manner and shall have a term expiring five years from the date of the expiration of the term for which his predecessor was chosen, except that a successor chosen to fill a vacancy occurring prior to the expiration of such term shall be chosen only for the remainder of that term. The chairman of the board of trustees shall be elected by a majority vote of the members of the board. No compensation shall be paid to the members of the board of trustees for their services as such members, but they shall be reimbursed for travel and actual expenses necessarily incurred by them in attending board meetings and performing other official duties on behalf of the National Trust at the direction of the board.
(Oct. 26, 1949, ch. 755, §3,
Amendments
1953—Act July 28, 1953, provided that the general trustees be elected by members of the trust rather than by the National Council for Historic Sites and Buildings.
§468c. Powers and duties of National Trust
To the extent necessary to enable it to carry out the functions vested in it by
(a) To have succession until dissolved by Act of Congress, in which event title to the properties of the National Trust, both real and personal, shall, insofar as consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the National Trust, pass to and become vested in the United States of America.
(b) To sue and be sued in its corporate name.
(c) To adopt, alter, and use a corporate seal which shall be judicially noticed.
(d) To adopt a constitution and to make such bylaws, rules, and regulations, not inconsistent with the laws of the United States or of any State, as it deems necessary for the administration of its functions under
(e) To accept, hold, and administer gifts and bequests of money, securities, or other personal property of whatsoever character, absolutely or on trust, for the purposes for which the National Trust is created. Unless otherwise restricted by the terms of the gift or bequest, the National Trust is authorized to sell, exchange, or otherwise dispose of and to invest or reinvest in such investments as it may determine from time to time the moneys, securities, or other property given or bequeathed to it. The principal of such corporate funds, together with the income therefrom and all other revenues received by it from any source whatsoever, shall be placed in such depositories as the National Trust shall determine and shall be subject to expenditure by the National Trust for its corporate purposes.
(f) To acquire by gift, devise, purchase, or otherwise, absolutely or on trust, and to hold and, unless otherwise restricted by the terms of the gift or devise, to encumber, convey, or otherwise dispose of, any real property, or any estate or interest therein (except property within the exterior boundaries of national parks and national monuments), as may be necessary and proper in carrying into effect the purposes of the National Trust.
(g) To contract and make cooperative agreements with Federal, State, or municipal departments or agencies, corporations, associations, or individuals, under such terms and conditions as it deems advisable, respecting the protection, preservation, maintenance, or operation of any historic site, building, object, or property used in connection therewith for public use, regardless of whether the National Trust has acquired title to such properties, or any interest therein.
(h) To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its corporate purposes, which instruments shall include such concession contracts, leases, or permits for the use of lands, buildings, or other property deemed desirable either to accommodate the public or to facilitate administration.
(i) To appoint and prescribe the duties of such officers, agents, and employees as may be necessary to carry out its functions, and to fix and pay such compensation to them for their services as the National Trust may determine.
(j) And generally to do any and all lawful acts necessary or appropriate to carry out the purposes for which the National Trust is created.
(Oct. 26, 1949, ch. 755, §4,
§468d. Consultation with Advisory Board on National Parks, Historic Sites, Buildings, and Monuments
In carrying out its functions under
(Oct. 26, 1949, ch. 755, §5,
Change of Name
The Advisory Board on National Parks, Historic Sites, Buildings, and Monuments was renamed the National Park System Advisory Board by
§468e. Repealed. Pub. L. 86–533, §1(19), June 29, 1960, 74 Stat. 248
Section, act Oct. 26, 1949, ch. 755, §6,
§469. Preservation of historical and archeological data threatened by dam construction or alterations of terrain
It is the purpose of
(
Amendments
1974—
§469a. Notice of dam construction to be given Secretary of the Interior by United States agencies
Before any agency of the United States shall undertake the construction of a dam, or issue a license to any private individual or corporation for the construction of a dam, it shall give written notice to the Secretary of the Interior (hereafter referred to as the Secretary) setting forth the site of the proposed dam and the approximate area to be flooded and otherwise changed if such construction is undertaken: Provided, That with respect to any flood water retarding dam which provides less than five thousand acre-feet of detention capacity and with respect to any other type of dam which creates a reservoir of less than forty surface acres the provisions of this section shall apply only when the constructing agency, in its preliminary surveys, finds, or is presented with evidence that historical or archeological materials exist or may be present in the proposed reservoir area.
(
Amendments
1974—
Transfer of Functions
Enforcement functions of Secretary or other official in Department of the Interior related to compliance with system activities requiring coordination and approval under
§469a–1. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction projects; notice to Secretary of the Interior; survey; recovery, preservation, and protection of data
(a) Notification and request for preservation of data
Whenever any Federal agency finds, or is notified, in writing, by an appropriate historical or archeological authority, that its activities in connection with any Federal construction project or federally licensed project, activity, or program may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, such agency shall notify the Secretary, in writing, and shall provide the Secretary with appropriate information concerning the project, program, or activity. Such agency may request the Secretary to undertake the recovery, protection, and preservation of such data (including preliminary survey, or other investigation as needed, and analysis and publication of the reports resulting from such investigation), or it may, with funds appropriated for such project, program, or activity, undertake such activities. Copies of reports of any investigations made pursuant to this section shall be submitted to the Secretary, who shall make them available to the public for inspection and review.
(b) Survey of site; preservation of data; compensation
Whenever any Federal agency provides financial assistance by loan, grant, or otherwise to any private person, association, or public entity, the Secretary, if he determines that significant scientific, prehistorical, historical, or archeological data might be irrevocably lost or destroyed, may with funds appropriated expressly for this purpose conduct, with the consent of all persons, associations, or public entities having a legal interest in the property involved, a survey of the affected site and undertake the recovery, protection, and preservation of such data (including analysis and publication). The Secretary shall, unless otherwise mutually agreed to in writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or any nonfederally owned lands.
(
Prior Provisions
A prior section 3 of
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under
§469a–2. Survey by Secretary of the Interior; recovery and preservation of data; compensation for delays in construction and for temporary loss of use of land
(a) Survey conducted; preservation of data
The Secretary, upon notification, in writing, by any Federal or State agency or appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data is being or may be irrevocably lost or destroyed by any Federal or federally assisted or licensed project, activity, or program, shall, if he determines that such data is significant and is being or may be irrevocably lost or destroyed and after reasonable notice to the agency responsible for funding or licensing such project, activity, or program, conduct or cause to be conducted a survey and other investigation of the areas which are or may be affected and recover and preserve such data (including analysis and publication) which, in his opinion, are not being, but should be, recovered and preserved in the public interest.
(b) Emergency projects
No survey or recovery work shall be required pursuant to this section which, in the determination of the head of the responsible agency, would impede Federal or federally assisted or licensed projects or activities undertaken in connection with any emergency, including projects or activities undertaken in anticipation of, or as a result of, a natural disaster.
(c) Initiation of survey
The Secretary shall initiate the survey or recovery effort within sixty days after notification to him pursuant to subsection (a) of this section or within such time as may be agreed upon with the head of the agency responsible for funding or licensing the project, activity, or program in all other cases.
(d) Compensation by Secretary
The Secretary shall, unless otherwise mutually agreed to in writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or nonfederally owned land.
(
Prior Provisions
A prior section 4 of
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under
§469a–3. Progress reports by Secretary of the Interior on surveys and work undertaken as result of surveys; disposition of relics and specimens recovered; coordination of survey and recovery activities; annual report
(a) Progress reports to funding or licensing agency
The Secretary shall keep the agency responsible for funding or licensing the project notified at all times of the progress of any survey made under
(b) Disposition of relics and specimens
The Secretary shall consult with any interested Federal and State agencies, educational and scientific organizations, and private institutions and qualified individuals, with a view to determining the ownership of and the most appropriate repository for any relics and specimens recovered as a result of any work performed as provided for in this section.
(c) Coordination of activities; annual report
The Secretary shall coordinate all Federal survey and recovery activities authorized under
(
Amendments
1996—Subsec. (c).
1994—Subsec. (c).
1980—Subsec. (c).
1974—Subsec. (a).
Subsec. (b).
Subsec. (c).
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under
§469b. Administration; contracts or agreements; services of experts, consultants, or organizations; acceptance of funds
In the administration of
(1) enter into contracts or make cooperative agreements with any Federal or State agency, any educational or scientific organization, or any institution, corporation, association, or qualified individual; and
(2) obtain the services of experts and consultants or organizations thereof in accordance with
(3) accept and utilize funds made available for salvage archeological purposes by any private person or corporation or transferred to him by any Federal agency.
(
Amendments
1974—Par. (2).
Par. (3).
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under
§469c. Assistance to Secretary of the Interior by Federal agencies responsible for construction projects; authorization of appropriations
(a) Assistance of Federal agencies
To carry out the purposes of
(b) Authorization of appropriations for preservation of data
For the purposes of
(c) Authorization of appropriations for surveys and investigations
For the purposes of
(d) Availability of appropriations
Beginning fiscal year 1979, sums appropriated for purposes of this section shall remain available until expended.
(
Amendments
1978—Subsec. (b).
Subsec. (c).
Subsec. (d).
1974—Subsec. (a).
Subsecs. (b), (c).
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other official in Department of the Interior and Secretary or other official in Department of Agriculture to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under
§469c–1. "State" defined
As used in
(
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
§469c–2. Costs for identification, surveys, evaluation and data recovery with respect to historic properties
Notwithstanding
(1) identification, surveys, and evaluation carried out with respect to historic properties within project areas may be treated for purposes of any law or rule of law as planning costs of the project and not as costs of mitigation;
(2) reasonable costs for identification, surveys, evaluation, and data recovery carried out with respect to historic properties within project areas may be charged to Federal licensees and permittees as a condition to the issuance of such license or permit; and
(3) Federal agencies, with the concurrence of the Secretary and after notification of the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, are authorized to waive, in appropriate cases, the 1 per centum limitation contained in
(
Amendments
1994—Par. (3).
§469d. Ice Age National Scientific Reserve; statement of purpose
It is the purpose of
(
§469e. Plan for continental glaciation
(a) Federal funds
To implement the purpose of
(b) Copies to Congress; establishment; boundaries
When the comprehensive plan is completed and the Secretary is satisfied that State legislation exists for the preservation of the nationally significant features of the reserve, open to the people of the entire Nation, he shall transmit copies thereof to the President of the Senate and the Speaker of the House of Representatives and may, ninety days thereafter and after consulting with the Governor of the State of Wisconsin, publish notice in the Federal Register of the establishment of the Ice Age National Scientific Reserve and of the boundaries thereof, which boundaries shall comprise lands owned or to be acquired by the State and local governments of Wisconsin in the following areas:
(1) Eastern area (portions of the northern unit of the Kettle Moraine State Forest and Campbellsport drumlin area);
(2) Central area (portions of Devil's Lake State Park);
(3) Northwestern area (portions of Chippewa County);
(4) Related areas (other areas in the State of Wisconsin which the Secretary and the Governor of Wisconsin agree upon as significant examples of continental glaciation).
(c) Inclusion and exclusion of other areas
Any area outside of the national forests that the Secretary and the Governor of Wisconsin agree has significant examples of continental glaciation but is not described in the original notice may be included in the reserve by the Secretary after notice to the President of the Senate and the Speaker of the House of Representatives and publication in the Federal Register, as hereinbefore provided, and any area that they consider to be no longer desirable as a part of the reserve may be excluded from it by the Secretary in the same manner.
(
§469f. Repealed. Pub. L. 91–483, §1(1), Oct. 21, 1970, 84 Stat. 1083
Section,
§469g. Ice Age National Scientific Reserve; recommendations for Federal and State participation in financing public facilities and services
The comprehensive plan presented by the Secretary to the President of the Senate and the Speaker of the House of Representatives may include such recommendations, if any, as he and the Governor of the State of Wisconsin may wish to make with respect to Federal and State participation in the financing of appropriate interpretive and other public facilities and services within the reserve including facilities and services to be furnished by such private organizations as the Ice Age Park and Trail Foundation, a nonprofit corporation.
(
Amendments
1970—
§469h. Comprehensive plan for Reserve Development
(a) Technical assistance
The Secretary is authorized to provide technical assistance to the State of Wisconsin for planning and development of the reserve in accordance with the comprehensive plan.
(b) Additional grants
In addition to grants made pursuant to the Land and Water Conservation Fund Act of 1965 [
(c) Costs of maintenance
The Secretary, pursuant to an agreement with the State of Wisconsin, may pay up to 50 per centum of the annual cost of management, protection, maintenance, and rehabilitation of the reserve.
(d) Termination of Federal contributions
Whenever the Secretary determines that appropriate management and protection set down in the comprehensive plan are not being afforded the nationally significant values within the reserve or that funds are not being provided on the prescribed matching basis by the State of Wisconsin or other non-Federal sources, he may terminate contributions under
(
References in Text
The Land and Water Conservation Fund Act of 1965, referred to in subsec. (b), is
Amendments
1980—Subsec. (b).
1970—
§469i. Repealed. Pub. L. 91–483, §1(4), Oct. 21, 1970, 84 Stat. 1083
Section,
§469j. Commission for the Preservation of America's Heritage Abroad
(a) Purpose
Because the fabric of a society is strengthened by visible reminders of the historical roots of the society, it is in the national interest of the United States to encourage the preservation and protection of the cemeteries, monuments, and historic buildings associated with the foreign heritage of United States citizens.
(b) Establishment
There is established a commission to be known as the Commission for the Preservation of America's Heritage Abroad (hereafter in this section referred to as the "Commission").
(c) Duties
The Commission shall—
(1) identify and publish a list of those cemeteries, monuments, and historic buildings located abroad which are associated with the foreign heritage of United States citizens from eastern and central Europe, particularly those cemeteries, monuments, and buildings which are in danger of deterioration or destruction;
(2) encourage the preservation and protection of such cemeteries, monuments, and historic buildings by obtaining, in cooperation with the Department of State, assurances from foreign governments that the cemeteries, monuments, and buildings will be preserved and protected; and
(3) prepare and disseminate reports on the condition of and the progress toward preserving and protecting such cemeteries, monuments, and historic buildings.
(d) Membership
(1) The Commission shall consist of 21 members appointed by the President, 7 of whom shall be appointed after consultation with the Speaker of the House of Representatives and 7 of whom shall be appointed after consultation with the President pro tempore of the Senate.
(2)(A) Except as provided in subparagraphs (B) and (C), members of the Commission shall be appointed for terms of 3 years.
(B) Of the members first appointed after consultation with the Speaker of the House of Representatives, 5 shall be appointed for a term of 2 years. Of the members first appointed after consultation with the President pro tempore of the Senate, 5 shall be appointed for 2 years.
(C) A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the member's predecessor was appointed.
(D) A member may retain membership on the Commission until the member's successor has been appointed.
(3) The President shall designate the Chairman of the Commission from among its members.
(e) Meetings
The Commission shall meet at least once every six months.
(f) Compensation and per diem
(1) Members of the Commission shall receive no pay on account of their service on the Commission.
(2) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under
(g) Authorities
(1) The Commission or any member it authorizes may, for the purposes of carrying out this section, hold such hearings, sit and act at such times and places, request such attendance, take such testimony, and receive such evidence, as the Commission considers appropriate.
(2) The Commission may appoint such personnel (subject to the provisions of title 5 which govern appointments in the competitive service) and may fix the pay of such personnel (subject to the provisions of
(3) The Commission may procure temporary and intermittent services to the same extent as is authorized by
(4) Upon request of the Commission, the head of any Federal department or agency, including the Secretary of State, may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this section.
(5) The Commission may secure directly from any department or agency of the United States, including the Department of State, any information necessary to enable it to carry out this section. Upon the request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.
(6) The Commission may accept, use, and dispose of gifts or donations of money or property.
(7) The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.
(8) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
(h) Reports
The Commission shall transmit an annual report to the President and to each House of Congress as soon as practicable after the end of each fiscal year. Each report shall include a detailed statement of the activities and accomplishments of the Commission during the preceding fiscal year and any recommendations by the Commission for legislation and administrative actions.
(
References in Text
The General Schedule, referred to in subsec. (g)(2), is set out under
Amendments
1998—Subsec. (e).
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (h) of this section relating to transmittal of annual report to Congress, see section 3003 of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§469k. Repealed. Pub. L. 104–333, div. I, title VI, §604(e)(1), Nov. 12, 1996, 110 Stat. 4173 ; Pub. L. 107–359, §3(4)(A), Dec. 17, 2002, 116 Stat. 3016
Section,
Short Title of 2002 Amendment
§469k–1. American Battlefield Protection Program
(a) Purpose
The purpose of this section is to assist citizens, public and private institutions, and governments at all levels in planning, interpreting, and protecting sites where historic battles were fought on American soil during the armed conflicts that shaped the growth and development of the United States, in order that present and future generations may learn and gain inspiration from the ground where Americans made their ultimate sacrifice.
(b) Preservation assistance
(1) In general
Using the established national historic preservation program to the extent practicable, the Secretary of the Interior, acting through the American Battlefield Protection Program, shall encourage, support, assist, recognize, and work in partnership with citizens, Federal, State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations in identifying, researching, evaluating, interpreting, and protecting historic battlefields and associated sites on a National, State, and local level.
(2) Financial assistance
To carry out paragraph (1), the Secretary may use a cooperative agreement, grant, contract, or other generally adopted means of providing financial assistance.
(3) Authorization of appropriations
There are authorized to be appropriated $3,000,000 annually to carry out this subsection, to remain available until expended.
(c) Battlefield acquisition grant program
(1) Definitions
In this subsection:
(A) Battlefield Report
The term "Battlefield Report" means the document entitled "Report on the Nation's Civil War Battlefields", prepared by the Civil War Sites Advisory Commission, and dated July 1993.
(B) Eligible entity
The term "eligible entity" means a State or local government.
(C) Eligible site
The term "eligible site" means a site—
(i) that is not within the exterior boundaries of a unit of the National Park System; and
(ii) that is identified in the Battlefield Report.
(D) Secretary
The term "Secretary" means the Secretary of the Interior, acting through the American Battlefield Protection Program.
(2) Establishment
The Secretary shall establish a battlefield acquisition grant program under which the Secretary may provide grants to eligible entities to pay the Federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those eligible sites.
(3) Nonprofit partners
An eligible entity may acquire an interest in an eligible site using a grant under this subsection in partnership with a nonprofit organization.
(4) Non-Federal share
The non-Federal share of the total cost of acquiring an interest in an eligible site under this subsection shall be not less than 50 percent.
(5) Limitation on land use
An interest in an eligible site acquired under this subsection shall be subject to
(6) Authorization of appropriations
There is authorized to be appropriated to the Secretary to provide grants under this subsection $10,000,000 for each of fiscal years 2009 through 2013.
(
§469l. Findings and purposes
(a) Findings
The Congress finds the following:
(1) The Underground Railroad, which flourished from the end of the 18th century to the end of the Civil War, was one of the most significant expressions of the American civil rights movement during its evolution over more than three centuries.
(2) The Underground Railroad bridged the divides of race, religion, sectional differences, and nationality; spanned State lines and international borders; and joined the American ideals of liberty and freedom expressed in the Declaration of Independence and the Constitution to the extraordinary actions of ordinary men and women working in common purpose to free a people.
(3) Pursuant to title VI of
(4) The Underground Railroad Advisory Committee found that—
(A) although a few elements of the Underground Railroad story are represented in existing National Park Service units and other sites, many sites are in imminent danger of being lost or destroyed, and many important resource types are not adequately represented and protected;
(B) there are many important sites which have high potential for preservation and visitor use in 29 States, the District of Columbia, and the Virgin Islands;
(C) no single site or route completely reflects and characterizes the Underground Railroad, since its story and associated resources involve networks and regions of the country rather than individual sites and trails; and
(D) establishment of a variety of partnerships between the Federal Government and other levels of government and the private sector would be most appropriate for the protection and interpretation of the Underground Railroad.
(5) The National Park Service can play a vital role in facilitating the national commemoration of the Underground Railroad.
(6) The story and significance of the Underground Railroad can best engage the American people through a national program of the National Park Service that links historic buildings, structures, and sites; routes, geographic areas, and corridors; interpretive centers, museums, and institutions; and programs, activities, community projects, exhibits, and multimedia materials, in a manner that is both unified and flexible.
(b) Purposes
The purposes of
(1) To recognize the importance of the Underground Railroad, the sacrifices made by those who used the Underground Railroad in search of freedom from tyranny and oppression, and the sacrifices made by the people who helped them.
(2) To authorize the National Park Service to coordinate and facilitate Federal and non-Federal activities to commemorate, honor, and interpret the history of the Underground Railroad, its significance as a crucial element in the evolution of the national civil rights movement, and its relevance in fostering the spirit of racial harmony and national reconciliation.
(
§469l–1. National Underground Railroad Network to Freedom program
(a) In general
The Secretary of the Interior (in
(1) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information;
(2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c) of this section; and
(3) create and adopt an official, uniform symbol or device for the national network and issue regulations for its use.
(b) Elements
The national network shall encompass the following elements:
(1) All units and programs of the National Park Service determined by the Secretary to pertain to the Underground Railroad.
(2) Other Federal, State, local, and privately owned properties pertaining to the Underground Railroad that have a verifiable connection to the Underground Railroad and that are included on, or determined by the Secretary to be eligible for inclusion on, the National Register of Historic Places.
(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to the Underground Railroad.
(c) Cooperative agreements and memoranda of understanding
To achieve the purposes of
(1) the heads of other Federal agencies, States, localities, regional governmental bodies, and private entities; and
(2) in cooperation with the Secretary of State, the governments of Canada, Mexico, and any appropriate country in the Caribbean.
(
Amendments
2008—Subsec. (d).
Effective Date of 2008 Amendment
§469l–2. Preservation of historic sites or structures
(a) Authority to make grants
The Secretary of the Interior may make grants in accordance with this section for the preservation and restoration of historic buildings or structures associated with the Underground Railroad, and for related research and documentation to sites, programs, or facilities that have been included in the national network.
(b) Grant conditions
Any grant made under this section shall provide that—
(1) no change or alteration may be made in property for which the grant is used except with the agreement of the property owner and the Secretary;
(2) the Secretary shall have the right of access at reasonable times to the public portions of such property for interpretive and other purposes; and
(3) conversion, use, or disposal of such property for purposes contrary to the purposes of
(c) Matching requirement
The Secretary may obligate funds made available for a grant under this section only if the grantee agrees to match, from funds derived from non-Federal sources, the amount of the grant with an amount that is equal to or greater than the grant. The Secretary may waive the requirement of the preceding sentence with respect to a grant if the Secretary determines that an extreme emergency exists or that such a waiver is in the public interest to assure the preservation of historically significant resources.
(
Amendments
2008—Subsec. (d).
Effective Date of 2008 Amendment
Amendment by
National Underground Railroad Freedom Center
"(1)
"(A) the National Underground Railroad Freedom Center (hereinafter 'Freedom Center') is a nonprofit organization incorporated under the laws of the State of Ohio in 1995;
"(B) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through development of a national cultural institution in Cincinnati, Ohio, that will house an interpretive center, including museum, educational, and research facilities, all dedicated to communicating to the public the importance of the quest for human freedom which provided the foundation for the historic and inspiring story of the Underground Railroad;
"(C) the city of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom Center;
"(D) the Freedom Center will be a national center linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and to a constituency that reaches across the United States, Canada, Mexico, the Caribbean and beyond; and
"(E) the Freedom Center has reached an agreement with the National Park Service to pursue a range of historical and educational cooperative activities related to the Underground Railroad, including but not limited to assisting the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act [
"(2)
"(A) to promote preservation and public awareness of the history of the Underground Railroad;
"(B) to assist the Freedom Center in the development of its programs and facilities in Cincinnati, Ohio; and
"(C) to assist the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (
§469l–3. Authorization of appropriations
(a) Amounts
There are authorized to be appropriated to carry out
(1) $2,000,000 is to be used for the purposes of
(2) $500,000 is to be used for the purposes of
(b) Restrictions
No amounts may be appropriated for the purposes of
(
Effective Date
Section effective at the beginning of the fiscal year immediately following May 8, 2008, see section 361(b) of
§469m. Women's Rights National Historical Park
(a) Omitted
(b) National Women's Rights History Project National Registry
(1) In general
The Secretary of the Interior (referred to in this section as the "Secretary") may make annual grants to State historic preservation offices for not more than 5 years to assist the State historic preservation offices in surveying, evaluating, and nominating to the National Register of Historic Places women's rights history properties.
(2) Eligibility
In making grants under paragraph (1), the Secretary shall give priority to grants relating to properties associated with the multiple facets of the women's rights movement, such as politics, economics, education, religion, and social and family rights.
(3) Updates
The Secretary shall ensure that the National Register travel itinerary website entitled "Places Where Women Made History" is updated to contain—
(A) the results of the inventory conducted under paragraph (1); and
(B) any links to websites related to places on the inventory.
(4) Cost-sharing requirement
The Federal share of the cost of any activity carried out using any assistance made available under this subsection shall be 50 percent.
(5) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $1,000,000 for each of fiscal years 2009 through 2013.
(c) National Women's Rights History Project Partnerships Network
(1) Grants
The Secretary may make matching grants and give technical assistance for development of a network of governmental and nongovernmental entities (referred to in this subsection as the "network"), the purpose of which is to provide interpretive and educational program development of national women's rights history, including historic preservation.
(2) Management of network
(A) In general
The Secretary shall, through a competitive process, designate a nongovernmental managing network to manage the network.
(B) Coordination
The nongovernmental managing entity designated under subparagraph (A) shall work in partnership with the Director of the National Park Service and State historic preservation offices to coordinate operation of the network.
(3) Cost-sharing requirement
(A) In general
The Federal share of the cost of any activity carried out using any assistance made available under this subsection shall be 50 percent.
(B) State historic preservation offices
Matching grants for historic preservation specific to the network may be made available through State historic preservation offices.
(4) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $1,000,000 for each of fiscal years 2009 through 2013.
(
Codification
Section is comprised of section 7111 of
§469n. Preserve America Program
(a) Purpose
The purpose of this section is to authorize the Preserve America Program, including—
(1) the Preserve America grant program within the Department of the Interior;
(2) the recognition programs administered by the Advisory Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in partnership with State, tribal, and local governments and the private sector, to support and promote the preservation of historic resources.
(b) Definitions
In this section:
(1) Council
The term "Council" means the Advisory Council on Historic Preservation.
(2) Heritage tourism
The term "heritage tourism" means the conduct of activities to attract and accommodate visitors to a site or area based on the unique or special aspects of the history, landscape (including trail systems), and culture of the site or area.
(3) Program
The term "program" means the Preserve America Program established under subsection (c)(1).
(4) Secretary
The term "Secretary" means the Secretary of the Interior.
(c) Establishment
(1) In general
There is established in the Department of the Interior the Preserve America Program, under which the Secretary, in partnership with the Council, may provide competitive grants to States, local governments (including local governments in the process of applying for designation as Preserve America Communities under subsection (d)), Indian tribes, communities designated as Preserve America Communities under subsection (d), State historic preservation offices, and tribal historic preservation offices to support preservation efforts through heritage tourism, education, and historic preservation planning activities.
(2) Eligible projects
(A) In general
The following projects shall be eligible for a grant under this section:
(i) A project for the conduct of—
(I) research on, and documentation of, the history of a community; and
(II) surveys of the historic resources of a community.
(ii) An education and interpretation project that conveys the history of a community or site.
(iii) A planning project (other than building rehabilitation) that advances economic development using heritage tourism and historic preservation.
(iv) A training project that provides opportunities for professional development in areas that would aid a community in using and promoting its historic resources.
(v) A project to support heritage tourism in a Preserve America Community designated under subsection (d).
(vi) Other nonconstruction projects that identify or promote historic properties or provide for the education of the public about historic properties that are consistent with the purposes of this section.
(B) Limitation
In providing grants under this section, the Secretary shall only provide 1 grant to each eligible project selected for a grant.
(3) Preference
In providing grants under this section, the Secretary may give preference to projects that carry out the purposes of both the program and the Save America's Treasures Program.
(4) Consultation and notification
(A) Consultation
The Secretary shall consult with the Council in preparing the list of projects to be provided grants for a fiscal year under the program.
(B) Notification
Not later than 30 days before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year.
(5) Cost-sharing requirement
(A) In general
The non-Federal share of the cost of carrying out a project provided a grant under this section shall be not less than 50 percent of the total cost of the project.
(B) Form of non-Federal share
The non-Federal share required under subparagraph (A) shall be in the form of—
(i) cash; or
(ii) donated supplies and related services, the value of which shall be determined by the Secretary.
(C) Requirement
The Secretary shall ensure that each applicant for a grant has the capacity to secure, and a feasible plan for securing, the non-Federal share for an eligible project required under subparagraph (A) before a grant is provided to the eligible project under the program.
(d) Designation of Preserve America Communities
(1) Application
To be considered for designation as a Preserve America Community, a community, tribal area, or neighborhood shall submit to the Council an application containing such information as the Council may require.
(2) Criteria
To be designated as a Preserve America Community under the program, a community, tribal area, or neighborhood that submits an application under paragraph (1) shall, as determined by the Council, in consultation with the Secretary, meet criteria required by the Council and, in addition, consider—
(A) protection and celebration of the heritage of the community, tribal area, or neighborhood;
(B) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; and
(C) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs.
(3) Local governments previously certified for historic preservation activities
The Council shall establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under
(4) Guidelines
The Council, in consultation with the Secretary, shall establish any guidelines that are necessary to carry out this subsection.
(e) Regulations
The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out this section.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section $25,000,000 for each fiscal year, to remain available until expended.
(
§469o. Save America's Treasures Program
(a) Purpose
The purpose of this section is to authorize within the Department of the Interior the Save America's Treasures Program, to be carried out by the Director of the National Park Service, in partnership with—
(1) the National Endowment for the Arts;
(2) the National Endowment for the Humanities;
(3) the Institute of Museum and Library Services;
(4) the National Trust for Historic Preservation;
(5) the National Conference of State Historic Preservation Officers;
(6) the National Association of Tribal Historic Preservation Officers; and
(7) the President's Committee on the Arts and the Humanities.
(b) Definitions
In this section:
(1) Collection
The term "collection" means a collection of intellectual and cultural artifacts, including documents, sculpture, and works of art.
(2) Eligible entity
The term "eligible entity" means a Federal entity, State, local, or tribal government, educational institution, or nonprofit organization.
(3) Historic property
The term "historic property" has the meaning given the term in
(4) Nationally significant
The term "nationally significant" means a collection or historic property that meets the applicable criteria for national significance, in accordance with regulations promulgated by the Secretary pursuant to
(5) Program
The term "program" means the Save America's Treasures Program established under subsection (c)(1).
(6) Secretary
The term "Secretary" means the Secretary of the Interior, acting through the Director of the National Park Service.
(c) Establishment
(1) In general
There is established in the Department of the Interior the Save America's Treasures program, under which the amounts made available to the Secretary under subsection (e) shall be used by the Secretary, in consultation with the organizations described in subsection (a), subject to paragraph (6)(A)(ii), to provide grants to eligible entities for projects to preserve nationally significant collections and historic properties.
(2) Determination of grants
Of the amounts made available for grants under subsection (e), not less than 50 percent shall be made available for grants for projects to preserve collections and historic properties, to be distributed through a competitive grant process administered by the Secretary, subject to the eligibility criteria established under paragraph (5).
(3) Applications for grants
To be considered for a competitive grant under the program an eligible entity shall submit to the Secretary an application containing such information as the Secretary may require.
(4) Collections and historic properties eligible for competitive grants
(A) In general
A collection or historic property shall be provided a competitive grant under the program only if the Secretary determines that the collection or historic property is—
(i) nationally significant; and
(ii) threatened or endangered.
(B) Eligible collections
A determination by the Secretary regarding the national significance of collections under subparagraph (A)(i) shall be made in consultation with the organizations described in subsection (a), as appropriate.
(C) Eligible historic properties
To be eligible for a competitive grant under the program, a historic property shall, as of the date of the grant application—
(i) be listed in the National Register of Historic Places at the national level of significance; or
(ii) be designated as a National Historic Landmark.
(5) Selection criteria for grants
(A) In general
The Secretary shall not provide a grant under this section to a project for an eligible collection or historic property unless the project—
(i) eliminates or substantially mitigates the threat of destruction or deterioration of the eligible collection or historic property;
(ii) has a clear public benefit; and
(iii) is able to be completed on schedule and within the budget described in the grant application.
(B) Preference
In providing grants under this section, the Secretary may give preference to projects that carry out the purposes of both the program and the Preserve America Program.
(C) Limitation
In providing grants under this section, the Secretary shall only provide 1 grant to each eligible project selected for a grant.
(6) Consultation and notification by Secretary
(A) Consultation
(i) In general
Subject to clause (ii), the Secretary shall consult with the organizations described in subsection (a) in preparing the list of projects to be provided grants for a fiscal year by the Secretary under the program.
(ii) Limitation
If an entity described in clause (i) has submitted an application for a grant under the program, the entity shall be recused by the Secretary from the consultation requirements under that clause and paragraph (1).
(B) Notification
Not later than 30 days before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year.
(7) Cost-sharing requirement
(A) In general
The non-Federal share of the cost of carrying out a project provided a grant under this section shall be not less than 50 percent of the total cost of the project.
(B) Form of non-Federal share
The non-Federal share required under subparagraph (A) shall be in the form of—
(i) cash; or
(ii) donated supplies or related services, the value of which shall be determined by the Secretary.
(C) Requirement
The Secretary shall ensure that each applicant for a grant has the capacity and a feasible plan for securing the non-Federal share for an eligible project required under subparagraph (A) before a grant is provided to the eligible project under the program.
(d) Regulations
The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out this section.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year, to remain available until expended.
(
SUBCHAPTER II—NATIONAL HISTORIC PRESERVATION
§470. Short title; Congressional finding and declaration of policy
(a) This subchapter may be cited as the "National Historic Preservation Act".
(b) The Congress finds and declares that—
(1) the spirit and direction of the Nation are founded upon and reflected in its historic heritage;
(2) the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people;
(3) historic properties significant to the Nation's heritage are being lost or substantially altered, often inadvertently, with increasing frequency;
(4) the preservation of this irreplaceable heritage is in the public interest so that its vital legacy of cultural, educational, aesthetic, inspirational, economic, and energy benefits will be maintained and enriched for future generations of Americans;
(5) in the face of ever-increasing extensions of urban centers, highways, and residential, commercial, and industrial developments, the present governmental and nongovernmental historic preservation programs and activities are inadequate to insure future generations a genuine opportunity to appreciate and enjoy the rich heritage of our Nation;
(6) the increased knowledge of our historic resources, the establishment of better means of identifying and administering them, and the encouragement of their preservation will improve the planning and execution of Federal and federally assisted projects and will assist economic growth and development; and
(7) although the major burdens of historic preservation have been borne and major efforts initiated by private agencies and individuals, and both should continue to play a vital role, it is nevertheless necessary and appropriate for the Federal Government to accelerate its historic preservation programs and activities, to give maximum encouragement to agencies and individuals undertaking preservation by private means, and to assist State and local governments and the National Trust for Historic Preservation in the United States to expand and accelerate their historic preservation programs and activities.
(
Amendments
1980—
Short Title of 2006 Amendment
Short Title of 2000 Amendments
Short Title of 1992 Amendment
Short Title of 1980 Amendment
Ex. Ord. No. 11593. Protection and Enhancement of the Cultural Environment
Ex. Ord. No. 11593, May 13, 1971, 36 F.R. 8921, provided:
By virtue of the authority vested in me as President of the United States and in furtherance of the purposes and policies of the National Environmental Policy Act of 1969 (
(a) no later than July 1, 1973, with the advice of the Secretary of the Interior, and in cooperation with the liaison officer for historic preservation for the State or territory involved, locate, inventory, and nominate to the Secretary of the Interior all sites, buildings, districts, and objects under their jurisdiction or control that appear to qualify for listing on the National Register of Historic Places.
(b) exercise caution during the interim period until inventories and evaluations required by subsection (a) are completed to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished or substantially altered. The agency head shall refer any questionable actions to the Secretary of the Interior for an opinion respecting the property's eligibility for inclusion on the National Register of Historic Places. The Secretary shall consult with the liaison officer for historic preservation for the State or territory involved in arriving at his opinion. Where, after a reasonable period in which to review and evaluate the property, the Secretary determines that the property is likely to meet the criteria prescribed for listing on the National Register of Historic Places, the Federal agency head shall reconsider the proposal in light of national environmental and preservation policy. Where, after such reconsideration, the Federal agency head proposes to transfer, sell, demolish or substantially alter the property he shall not act with respect to the property until the Advisory Council on Historic Preservation shall have been provided an opportunity to comment on the proposal.
(c) initiate measures to assure that where as a result of Federal action or assistance a property listed on the National Register of Historic Places is to be substantially altered or demolished, timely steps be taken to make or have made records, including measured drawings, photographs and maps, of the property, and that copy of such records then be deposited in the Library of Congress as part of the Historic American Buildings Survey or Historic American Engineering Record for future use and reference. Agencies may call on the Department of the Interior for advice and technical assistance in the completion of the above records.
(d) initiate measures and procedures to provide for the maintenance, through preservation, rehabilitation, or restoration, of federally owned and registered sites at professional standards prescribed by the Secretary of the Interior.
(e) submit procedures required pursuant to subsection (d) to the Secretary of the Interior and to the Advisory Council on Historic Preservation no later than January 1, 1972, and annually thereafter, for review and comment.
(f) cooperate with purchasers and transferees of a property listed on the National Register of Historic Places in the development of viable plans to use such property in a manner compatible with preservation objectives and which does not result in an unreasonable economic burden to public or private interests.
(a) encourage State and local historic preservation officials to evaluate and survey federally owned historic properties and, where appropriate, to nominate such properties for listing on the National Register of Historic Places.
(b) develop criteria and procedures to be applied by Federal agencies in the reviews and nominations required by section 2(a). Such criteria and procedures shall be developed in consultation with the affected agencies.
(c) expedite action upon nominations to the National Register of Historic Places concerning federally owned properties proposed for sale, transfer, demolition or substantial alteration.
(d) encourage State and Territorial liaison officers for historic preservation to furnish information upon request to Federal agencies regarding their properties which have been evaluated with respect to historic, architectural or archaeological significance and which as a result of such evaluations have not been found suitable for listing on the National Register of Historic Places.
(e) develop and make available to Federal agencies and State and local governments information concerning professional methods and techniques for preserving, improving, restoring and maintaining historic properties.
(f) advise Federal agencies in the evaluation, identification, preservation, improvement, restoration and maintenance of historic properties.
(g) review and evaluate the plans of transferees of surplus Federal properties transferred for historic monument purposes to assure that the historic character of such properties is preserved in rehabilitation, restoration, improvement, maintenance and repair of such properties.
(h) review and comment upon Federal agency procedures submitted pursuant to section 2(e) of this order.
Richard Nixon.
§470–1. Declaration of policy of the Federal Government
It shall be the policy of the Federal Government, in cooperation with other nations and in partnership with the States, local governments, Indian tribes, and private organizations and individuals to—
(1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony and fulfill the social, economic, and other requirements of present and future generations;
(2) provide leadership in the preservation of the prehistoric and historic resources of the United States and of the international community of nations and in the administration of the national preservation program in partnership with States, Indian tribes, Native Hawaiians, and local governments;
(3) administer federally owned, administered, or controlled prehistoric and historic resources in a spirit of stewardship for the inspiration and benefit of present and future generations;
(4) contribute to the preservation of nonfederally owned prehistoric and historic resources and give maximum encouragement to organizations and individuals undertaking preservation by private means;
(5) encourage the public and private preservation and utilization of all usable elements of the Nation's historic built environment; and
(6) assist State and local governments, Indian tribes and Native Hawaiian organizations and the National Trust for Historic Preservation in the United States to expand and accelerate their historic preservation programs and activities.
(
Amendments
1992—Par. (2).
Par. (6).
Part A—Programs
§470a. Historic preservation program
(a) National Register of Historic Places; designation of properties as historic landmarks; properties deemed included; criteria; nomination of properties by States, local governments or individuals; regulations; review of threats to properties
(1)(A) The Secretary of the Interior is authorized to expand and maintain a National Register of Historic Places composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. Notwithstanding
(B) Properties meeting the criteria for National Historic Landmarks established pursuant to paragraph (2) shall be designated as "National Historic Landmarks" and included on the National Register, subject to the requirements of paragraph (6). All historic properties included on the National Register on December 12, 1980, shall be deemed to be included on the National Register as of their initial listing for purposes of this subchapter. All historic properties listed in the Federal Register of February 6, 1979, as "National Historic Landmarks" or thereafter prior to the effective date of this Act are declared by Congress to be National Historic Landmarks of national historic significance as of their initial listing as such in the Federal Register for purposes of this subchapter and
(2) The Secretary in consultation with national historical and archaeological associations, shall establish or revise criteria for properties to be included on the National Register and criteria for National Historic Landmarks, and shall also promulgate or revise regulations as may be necessary for—
(A) nominating properties for inclusion in, and removal from, the National Register and the recommendation of properties by certified local governments;
(B) designating properties as National Historic Landmarks and removing such designation;
(C) considering appeals from such recommendations, nominations, removals, and designations (or any failure or refusal by a nominating authority to nominate or designate);
(D) nominating historic properties for inclusion in the World Heritage List in accordance with the terms of the Convention concerning the Protection of the World Cultural and Natural Heritage;
(E) making determinations of eligibility of properties for inclusion on the National Register; and
(F) notifying the owner of a property, any appropriate local governments, and the general public, when the property is being considered for inclusion on the National Register, for designation as a National Historic Landmark or for nomination to the World Heritage List.
(3) Subject to the requirements of paragraph (6), any State which is carrying out a program approved under subsection (b) of this section, shall nominate to the Secretary properties which meet the criteria promulgated under subsection (a) of this section for inclusion on the National Register. Subject to paragraph (6), any property nominated under this paragraph or under
(4) Subject to the requirements of paragraph (6) the Secretary may accept a nomination directly from any person or local government for inclusion of a property on the National Register only if such property is located in a State where there is no program approved under subsection (b) of this section. The Secretary may include on the National Register any property for which such a nomination is made if he determines that such property is eligible in accordance with the regulations promulgated under paragraph (2). Such determination shall be made within ninety days from the date of the nomination unless the nomination is appealed under paragraph (5).
(5) Any person or local government may appeal to the Secretary a nomination of any historic property for inclusion on the National Register and may appeal to the Secretary the failure or refusal of a nominating authority to nominate a property in accordance with this subsection.
(6) The Secretary shall promulgate regulations requiring that before any property or district may be included on the National Register or designated as a National Historic Landmark, the owner or owners of such property, or a majority of the owners of the properties within the district in the case of an historic district, shall be given the opportunity (including a reasonable period of time) to concur in, or object to, the nomination of the property or district for such inclusion or designation. If the owner or owners of any privately owned property, or a majority of the owners of such properties within the district in the case of an historic district, object to such inclusion or designation, such property shall not be included on the National Register or designated as a National Historic Landmark until such objection is withdrawn. The Secretary shall review the nomination of the property or district where any such objection has been made and shall determine whether or not the property or district is eligible for such inclusion or designation, and if the Secretary determines that such property or district is eligible for such inclusion or designation, he shall inform the Advisory Council on Historic Preservation, the appropriate State Historic Preservation Officer, the appropriate chief elected local official and the owner or owners of such property, of his determination. The regulations under this paragraph shall include provisions to carry out the purposes of this paragraph in the case of multiple ownership of a single property.
(7) The Secretary shall promulgate, or revise, regulations—
(A) ensuring that significant prehistoric and historic artifacts, and associated records, subject to
(B) establishing a uniform process and standards for documenting historic properties by public agencies and private parties for purposes of incorporation into, or complementing, the national historical architectural and engineering records within the Library of Congress; and
(C) certifying local governments, in accordance with subsection (c)(1) of this section and for the allocation of funds pursuant to
(8) The Secretary shall, at least once every 4 years, in consultation with the Council and with State Historic Preservation Officers, review significant threats to properties included in, or eligible for inclusion on, the National Register, in order to—
(A) determine the kinds of properties that may be threatened;
(B) ascertain the causes of the threats; and
(C) develop and submit to the President and Congress recommendations for appropriate action.
(b) Regulations for State Historic Preservation Programs; periodic evaluations and fiscal audits of State programs; administration of State programs; contracts and cooperative agreements with nonprofit or educational institutions and State Historic Preservation Officers; treatment of State programs as approved programs
(1) The Secretary, in consultation with the National Conference of State Historic Preservation Officers and the National Trust for Historic Preservation, shall promulgate or revise regulations for State Historic Preservation Programs. Such regulations shall provide that a State program submitted to the Secretary under this section shall be approved by the Secretary if he determines that the program—
(A) provides for the designation and appointment by the Governor of a "State Historic Preservation Officer" to administer such program in accordance with paragraph (3) and for the employment or appointment by such officer of such professionally qualified staff as may be necessary for such purposes;
(B) provides for an adequate and qualified State historic preservation review board designated by the State Historic Preservation Officer unless otherwise provided for by State law; and
(C) provides for adequate public participation in the State Historic Preservation Program, including the process of recommending properties for nomination to the National Register.
(2)(A) Periodically, but not less than every 4 years after the approval of any State program under this subsection, the Secretary, in consultation with the Council on the appropriate provisions of this subchapter, and in cooperation with the State Historic Preservation Officer, shall evaluate the program to determine whether it is consistent with this subchapter.
(B) If, at any time, the Secretary determines that a major aspect of a State program is not consistent with this subchapter, the Secretary shall disapprove the program and suspend in whole or in part any contracts or cooperative agreements with the State and the State Historic Preservation Officer under this subchapter, until the program is consistent with this subchapter, unless the Secretary determines that the program will be made consistent with this subchapter within a reasonable period of time.
(C) The Secretary, in consultation with State Historic Preservation Officers, shall establish oversight methods to ensure State program consistency and quality without imposing undue review burdens on State Historic Preservation Officers.
(D) At the discretion of the Secretary, a State system of fiscal audit and management may be substituted for comparable Federal systems so long as the State system—
(i) establishes and maintains substantially similar accountability standards; and
(ii) provides for independent professional peer review.
The Secretary may also conduct periodic fiscal audits of State programs approved under this section as needed and shall ensure that such programs meet applicable accountability standards.
(3) It shall be the responsibility of the State Historic Preservation Officer to administer the State Historic Preservation Program and to—
(A) in cooperation with Federal and State agencies, local governments, and private organizations and individuals, direct and conduct a comprehensive statewide survey of historic properties and maintain inventories of such properties;
(B) identify and nominate eligible properties to the National Register and otherwise administer applications for listing historic properties on the National Register;
(C) prepare and implement a comprehensive statewide historic preservation plan;
(D) administer the State program of Federal assistance for historic preservation within the State;
(E) advise and assist, as appropriate, Federal and State agencies and local governments in carrying out their historic preservation responsibilities;
(F) cooperate with the Secretary, the Advisory Council on Historic Preservation, and other Federal and State agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development;
(G) provide public information, education, and training and technical assistance in historic preservation;
(H) cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified pursuant to subsection (c) of this section;
(I) consult with appropriate Federal agencies in accordance with this subchapter on—
(i) Federal undertakings that may affect historic properties; and
(ii) the content and sufficiency of any plans developed to protect, manage, or reduce or mitigate harm to such properties; and
(J) advise and assist in the evaluation of proposals for rehabilitation projects that may qualify for Federal assistance.
(4) Any State may carry out all or any part of its responsibilities under this subsection by contract or cooperative agreement with any qualified nonprofit organization or educational institution.
(5) Any State historic preservation program in effect under prior authority of law may be treated as an approved program for purposes of this subsection until the earlier of—
(A) the date on which the Secretary approves a program submitted by the State under this subsection, or
(B) three years after October 30, 1992.
(6)(A) Subject to subparagraphs (C) and (D), the Secretary may enter into contracts or cooperative agreements with a State Historic Preservation Officer for any State authorizing such Officer to assist the Secretary in carrying out one or more of the following responsibilities within that State—
(i) Identification and preservation of historic properties.
(ii) Determination of the eligibility of properties for listing on the National Register.
(iii) Preparation of nominations for inclusion on the National Register.
(iv) Maintenance of historical and archaeological data bases.
(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 subsection (b)(1) and (2) of this section;
(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.
(c) Certification of local governments by State Historic Preservation Officer; transfer of portion of grants; certification by Secretary; nomination of properties by local governments for inclusion on National Register
(1) Any State program approved under this section shall provide a mechanism for the certification by the State Historic Preservation Officer of local governments to carry out the purposes of this subchapter and provide for the transfer, in accordance with
(A) enforces appropriate State or local legislation for the designation and protection of historic properties;
(B) has established an adequate and qualified historic preservation review commission by State or local legislation;
(C) maintains a system for the survey and inventory of historic properties that furthers the purposes of subsection (b) of this section;
(D) provides for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register; and
(E) satisfactorily performs the responsibilities delegated to it under this subchapter.
Where there is no approved State program, a local government may be certified by the Secretary if he determines that such local government meets the requirements of subparagraphs (A) through (E); and in any such case the Secretary may make grants-in-aid to the local government for purposes of this section.
(2)(A) Before a property within the jurisdiction of the certified local government may be considered by the State to be nominated to the Secretary for inclusion on the National Register, the State Historic Preservation Officer shall notify the owner, the applicable chief local elected official, and the local historic preservation commission. The commission, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within sixty days of notice from the State Historic Preservation Officer, the chief local elected official shall transmit the report of the commission and his recommendation to the State Historic Preservation Officer. Except as provided in subparagraph (B), after receipt of such report and recommendation, or if no such report and recommendation are received within sixty days, the State shall make the nomination pursuant to subsection (a) of this section. The State may expedite such process with the concurrence of the certified local government.
(B) If both the commission and the chief local elected official recommend that a property not be nominated to the National Register, the State Historic Preservation Officer shall take no further action, unless within thirty days of the receipt of such recommendation by the State Historic Preservation Officer an appeal is filed with the State. If such an appeal is filed, the State shall follow the procedures for making a nomination pursuant to subsection (a) of this section. Any report and recommendations made under this section shall be included with any nomination submitted by the State to the Secretary.
(3) Any local government certified under this section or which is making efforts to become so certified shall be eligible for funds under the provisions of
(4) For the 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 this subsection.
(d) Historic properties of Indian tribes
(1)(A) The Secretary shall establish a program and promulgate regulations to assist Indian tribes in preserving their particular historic properties. The Secretary shall foster communication and cooperation between Indian tribes and State Historic Preservation Officers in the administration of the national historic preservation program to ensure that all types of historic properties and all public interests in such properties are given due consideration, and to encourage coordination among Indian tribes, State Historic Preservation Officers, and Federal agencies in historic preservation planning and in the identification, evaluation, protection, and interpretation of historic properties.
(B) The program under subparagraph (A) shall be developed in such a manner as to ensure that tribal values are taken into account to the extent feasible. The Secretary may waive or modify requirements of this section to conform to the cultural setting of tribal heritage preservation goals and objectives. The tribal programs implemented by specific tribal organizations may vary in scope, as determined by each tribe's chief governing authority.
(C) The Secretary shall consult with Indian tribes, other Federal agencies, State Historic Preservation Officers, and other interested parties and initiate the program under subparagraph (A) by not later than October 1, 1994.
(2) A tribe may assume all or any part of the functions of a State Historic Preservation Officer in accordance with subsections (b)(2) and (b)(3) of this section, with respect to tribal lands, as such responsibilities may be modified for tribal programs through regulations issued by the Secretary, if—
(A) the tribe's chief governing authority so requests;
(B) the tribe designates a tribal preservation official to administer the tribal historic preservation program, through appointment by the tribe's chief governing authority or as a tribal ordinance may otherwise provide;
(C) the tribal preservation official provides the Secretary with a plan describing how the functions the tribal preservation official proposes to assume will be carried out;
(D) the Secretary determines, after consulting with the tribe, the appropriate State Historic Preservation Officer, the Council (if the tribe proposes to assume the functions of the State Historic Preservation Officer with respect to review of undertakings under
(i) that the tribal preservation program is fully capable of carrying out the functions specified in the plan provided under subparagraph (C);
(ii) that the plan defines the remaining responsibilities of the Secretary and the State Historic Preservation Officer; and
(iii) that the plan provides, with respect to properties neither owned by a member of the tribe nor held in trust by the Secretary for the benefit of the tribe, at the request of the owner thereof, the State Historic Preservation Officer, in addition to the tribal preservation official, may exercise the historic preservation responsibilities in accordance with subsections (b)(2) and (b)(3) of this section; and
(E) based on satisfaction of the conditions stated in subparagraphs (A), (B), (C), and (D), the Secretary approves the plan.
(3) In consultation with interested Indian tribes, other Native American organizations and affected State Historic Preservation Officers, the Secretary shall establish and implement procedures for carrying out
(4) At the request of a tribe whose preservation program has been approved to assume functions and responsibilities pursuant to paragraph (2), the Secretary shall enter into contracts or cooperative agreements with such tribe permitting the assumption by the tribe of any part of the responsibilities referred to in subsection (b)(6) of this section on tribal land, if—
(A) the Secretary and the tribe agree on additional financial assistance, if any, to the tribe for the costs of carrying out such authorities;
(B) the Secretary finds that the tribal historic preservation program has been demonstrated to be sufficient to carry out the contract or cooperative agreement and this subchapter; and
(C) the contract or cooperative agreement specifies the continuing responsibilities of the Secretary or of the appropriate State Historic Preservation Officers and provides for appropriate participation by—
(i) the tribe's traditional cultural authorities;
(ii) representatives of other tribes whose traditional lands are under the jurisdiction of the tribe assuming responsibilities; and
(iii) the interested public.
(5) The Council may enter into an agreement with an Indian tribe to permit undertakings on tribal land to be reviewed under tribal historic preservation regulations in place of review under regulations promulgated by the Council to govern compliance with
(6)(A) Properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization may be determined to be eligible for inclusion on the National Register.
(B) In carrying out its responsibilities under
(C) In carrying out his or her responsibilities under subsection (b)(3) of this section, the State Historic Preservation Officer for the State of Hawaii shall—
(i) consult with Native Hawaiian organizations in assessing the cultural significance of any property in determining whether to nominate such property to the National Register;
(ii) consult with Native Hawaiian organizations in developing the cultural component of a preservation program or plan for such property; and
(iii) enter into a memorandum of understanding or agreement with Native Hawaiian organizations for the assessment of the cultural significance of a property in determining whether to nominate such property to the National Register and to carry out the cultural component of such preservation program or plan.
(e) Matching grants to States; grants to National Trust for Historic Preservation in the United States; program of direct grants for preservation of properties included on National Register; grants or loans to Indian tribes and ethnic or minority groups for preservation of cultural heritage; grants for religious properties; direct grants to Indian tribes, Native Hawaiian organizations, and Micronesian States
(1) The Secretary shall administer a program of matching grants to the States for the purposes of carrying out this subchapter.
(2) The Secretary may administer grants to the National Trust for Historic Preservation in the United States, chartered by
(3)(A) In addition to the programs under paragraphs (1) and (2), the Secretary shall administer a program of direct grants for the preservation of properties included on the National Register. Funds to support such program annually shall not exceed 10 per centum of the amount appropriated annually for the fund established under
(i) for the preservation of National Historic Landmarks which are threatened with demolition or impairment and for the preservation of historic properties of World Heritage significance,
(ii) for demonstration projects which will provide information concerning professional methods and techniques having application to historic properties,
(iii) for the training and development of skilled labor in trades and crafts, and in analysis and curation, relating to historic preservation, and
(iv) to assist persons or small businesses within any historic district included in the National Register to remain within the district.
(B) The Secretary may also, in consultation with the appropriate State Historic Preservation Officer, make grants or loans or both under this section to Indian tribes and to nonprofit organizations representing ethnic or minority groups for the preservation of their cultural heritage.
(C) Grants may be made under subparagraph (A)(i) and (iv) only to the extent that the project cannot be carried out in as effective a manner through the use of an insured loan under
(4) Grants may be made under this subsection for the preservation, stabilization, restoration, or rehabilitation of religious properties listed in the National Register of Historic Places, provided that the purpose of the grant is secular, does not promote religion, and seeks to protect those qualities that are historically significant. Nothing in this paragraph shall be construed to authorize the use of any funds made available under this section for the acquisition of any property referred to in the preceding sentence.
(5) The Secretary shall administer a program of direct grants to Indian tribes and Native Hawaiian organizations for the purpose of carrying out this subchapter as it pertains to Indian tribes and Native Hawaiian organizations. Matching fund requirements may be modified. Federal funds available to a tribe or Native Hawaiian organization may be used as matching funds for the purposes of the tribe's or organization's conducting its responsibilities pursuant to this section.
(6)(A) As part of the program of matching grant assistance from the Historic Preservation Fund to States, the Secretary shall administer a program of direct grants to the Federated States of Micronesia, the Republic of the Marshall Islands, the Trust Territory of the Pacific Islands, and upon termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the Republic of Palau (referred to as the Micronesian States) in furtherance of the Compact of Free Association between the United States and the Federated States of Micronesia and the Marshall Islands, approved by the Compact of Free Association Act of 1985 [
(B) The amounts to be made available to the Micronesian States shall be allocated by the Secretary on the basis of needs as determined by the Secretary. Matching funds may be waived or modified.
(f) Prohibition of use of funds for compensation of intervenors in preservation program
No part of any grant made under this section may be used to compensate any person intervening in any proceeding under this subchapter.
(g) Guidelines for Federal agency responsibility for agency-owned historic properties
In consultation with the Advisory Council on Historic Preservation, the Secretary shall promulgate guidelines for Federal agency responsibilities under
(h) Professional standards for preservation of federally owned or controlled historic properties
Within one year after December 12, 1980, the Secretary shall establish, in consultation with the Secretaries of Agriculture and Defense, the Smithsonian Institution, and the Administrator of the General Services Administration, professional standards for the preservation of historic properties in Federal ownership or control.
(i) Dissemination of information concerning professional methods and techniques for preservation of historic properties
The Secretary shall develop and make available to Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations pursuant to the World Heritage Convention, training in, and information concerning, professional methods and techniques for the preservation of historic properties and for the administration of the historic preservation program at the Federal, State, and local level. The Secretary shall also develop mechanisms to provide information concerning historic preservation to the general public including students.
(j) Preservation education and training program
(1) The Secretary shall, in consultation with the Council and other appropriate Federal, tribal, Native Hawaiian, and non-Federal organizations, develop and implement a comprehensive preservation education and training program.
(2) The education and training program described in paragraph (1) shall include—
(A) new standards and increased preservation training opportunities for Federal workers involved in preservation-related functions;
(B) increased preservation training opportunities for other Federal, State, tribal and local government workers, and students;
(C) technical or financial assistance, or both, to historically black colleges and universities, to tribal colleges, and to colleges with a high enrollment of Native Americans or Native Hawaiians, to establish preservation training and degree programs; and
(D) coordination of the following activities, where appropriate, with the National Center for Preservation Technology and Training—
(i) distribution of information on preservation technologies;
(ii) provision of training and skill development in trades, crafts, and disciplines related to historic preservation in Federal training and development programs; and
(iii) support for research, analysis, conservation, curation, interpretation, and display related to preservation.
(
References in Text
The effective date of this Act, referred to in subsec. (a)(1)(B), probably means the effective date of the National Historic Preservation Act Amendments of 1980,
Act of June 27, 1960 (
The Archaeological Resources Protection Act of 1979 (
The Compact of Free Association Act of 1985, referred to in subsec. (e)(6)(A), is
The Joint Resolution entitled "Joint Resolution to approve the 'Compact of Free Association' between the United States and Government of Palau, and for other purposes", referred to in subsec. (e)(6)(A), is
Amendments
2000—Subsec. (d)(2)(D)(ii).
Subsec. (e)(2).
Subsec. (e)(3)(A)(iii).
Subsec. (j)(2)(C).
1999—Subsec. (a)(1)(A).
1996—Subsec. (a)(1)(B).
1994—Subsec. (a)(1)(B).
1992—Subsec. (a)(8).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(5)(B).
Subsec. (b)(6).
Subsec. (c)(4).
Subsec. (d).
Subsec. (e).
Subsecs. (f) to (i).
Subsec. (j).
1980—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (h).
1976—Subsec. (a)(4).
1973—Subsec. (b)(1).
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands and the Trusteeship Agreement, see note set out preceding
St. Augustine 450th Commemoration Commission
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A)
"(B)
"(b)
"(1)
"(2)
"(A)
"(i) 3 members shall be appointed by the Secretary, after considering the recommendations of the St. Augustine City Commission;
"(ii) 3 members shall be appointed by the Secretary, after considering the recommendations of the Governor;
"(iii) 1 member shall be an employee of the National Park Service having experience relevant to the historical resources relating to the city of St. Augustine and the commemoration, to be appointed by the Secretary;
"(iv) 1 member shall be appointed by the Secretary, taking into consideration the recommendations of the Mayor of the city of St. Augustine;
"(v) 1 member shall be appointed by the Secretary, after considering the recommendations of the Chancellor of the University System of Florida; and
"(vi) 5 members shall be individuals who are residents of the State who have an interest in, support for, and expertise appropriate to the commemoration, to be appointed by the Secretary, taking into consideration the recommendations of Members of Congress.
"(B)
"(C)
"(i)
"(ii)
"(I)
"(II)
"(iii)
"(3)
"(A) plan, develop, and carry out programs and activities appropriate for the commemoration;
"(B) facilitate activities relating to the commemoration throughout the United States;
"(C) encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand understanding and appreciation of the significance of the founding and continuing history of St. Augustine;
"(D) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration;
"(E) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, St. Augustine;
"(F) ensure that the commemoration provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs; and
"(G) help ensure that the observances of the foundation of St. Augustine are inclusive and appropriately recognize the experiences and heritage of all individuals present when St. Augustine was founded.
"(c)
"(1)
"(2)
"(A) at least 3 times each year; or
"(B) at the call of the Chairperson or the majority of the members of the Commission.
"(3)
"(4)
"(A)
"(B)
"(5)
"(d)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(6)
"(A) provide grants in amounts not to exceed $20,000 per grant to communities and nonprofit organizations for use in developing programs to assist in the commemoration;
"(B) provide grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of St. Augustine; and
"(C) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration.
"(e)
"(1)
"(A)
"(B)
"(2)
"(3)
"(A)
"(B)
"(4)
"(A)
"(B)
"(5)
"(A)
"(i)
"(ii)
"(B)
"(i) accept the services of personnel detailed from the State; and
"(ii) reimburse the State for services of detailed personnel.
"(6)
"(7)
"(8)
"(A)
"(B)
"(9) FACA
"(10)
"(f)
"(1)
"(2)
"(A) a summary of the activities of the Commission;
"(B) a final accounting of funds received and expended by the Commission; and
"(C) the findings and recommendations of the Commission.
"(g)
"(1)
"(2)
"(h)
"(1)
"(2)
Recovery of Fees for Review Services for Historic Preservation Tax Certification
Women's Progress Commemoration
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Women's Progress Commemoration Act'.
"SEC. 2. DECLARATION.
"Congress declares that—
"(1) the original Seneca Falls Convention, held in upstate New York in July 1848, convened to consider the social conditions and civil rights of women at that time;
"(2) the convention marked the beginning of an admirable and courageous struggle for equal rights for women;
"(3) the 150th Anniversary of the convention provides an excellent opportunity to examine the history of the women's movement; and
"(4) a Federal Commission should be established for the important task of ensuring the historic preservation of sites that have been instrumental in American women's history, creating a living legacy for generations to come.
"SEC. 3. ESTABLISHMENT OF COMMISSION.
"(a)
"(b)
"(1)
"(A) 3 shall be appointed by the President;
"(B) 3 shall be appointed by the Speaker of the House of Representatives;
"(C) 3 shall be appointed by the minority leader of the House of Representatives;
"(D) 3 shall be appointed by the majority leader of the Senate; and
"(E) 3 shall be appointed by the minority leader of the Senate.
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(4)
"(c)
"(1)
"(2)
"(d)
"(e)
"SEC. 4. DUTIES OF THE COMMISSION.
"Not later than 1 year after the initial meeting of the Commission, the Commission, in cooperation with the Secretary of the Interior and other appropriate Federal, State, and local public and private entities, shall prepare and submit to the Secretary of the Interior a report that—
"(1) identifies sites of historical significance to the women's movement; and
"(2) recommends actions, under the National Historic Preservation Act (
"SEC. 5. POWERS OF THE COMMISSION.
"(a)
"(b)
"SEC. 6. COMMISSION PERSONNEL MATTERS.
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(d)
"SEC. 7. FUNDING.
"(a)
"(b)
"SEC. 8. TERMINATION.
"The Commission shall terminate on the date that is 30 days after the date on which the Commission submits to the Secretary of the Interior the report under section 4(b) [sic].
"SEC. 9. REPORTS TO CONGRESS.
"Not later than 2 years and not later than 5 years after the date on which the Commission submits to the Secretary of the Interior the report under section 4, the Secretary of the Interior shall submit to Congress a report describing the actions that have been taken to preserve the sites identified in the Commission report as being of historical significance."
Historically Black Colleges and Universities Historic Building Restoration and Preservation
"(a)
"(b)
"(1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and
"(2) reasonable public access to the property with respect to which the grant is made will be permitted by the grantee for interpretive and educational purposes.
"(c)
"(1)
"(2)
"(3)
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
Recommendations of Historic Properties for Preservation
Secretarial Report
Section 4025 of
Preservation and Conservation of Intangible Aspects of American Cultural Heritage; Report to President and Congress
Section 502 of
Coordinated System of Cultural Parks and Historic Conservation Districts; Comprehensive Study and Formulation of Recommendations; Report to President and Congress
Section 506 of
Fire in Historic Properties; Protective Measures; Report to President and Congress
Section 507 of
§470a–1. World Heritage Convention
(a) United States participation
The Secretary of the Interior shall direct and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage, approved by the Senate on October 26, 1973, in cooperation with the Secretary of State, the Smithsonian Institution, and the Advisory Council on Historic Preservation. Whenever possible, expenditures incurred in carrying out activities in cooperation with other nations and international organizations shall be paid for in such excess currency of the country or area where the expense is incurred as may be available to the United States.
(b) Nomination of property to World Heritage Committee
The Secretary of the Interior shall periodically nominate properties he determines are of international significance to the World Heritage Committee on behalf of the United States. No property may be so nominated unless it has previously been determined to be of national significance. Each such nomination shall include evidence of such legal protections as may be necessary to ensure preservation of the property and its environment (including restrictive covenants, easements, or other forms of protection). Before making any such nomination, the Secretary shall notify the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate.
(c) Nomination of non-Federal property to World Heritage Committee
No non-Federal property may be nominated by the Secretary of the Interior to the World Heritage Committee for inclusion on the World Heritage List unless the owner of the property concurs in writing to such nomination.
(
Codification
Section was enacted as part of the National Historic Preservation Act Amendments of 1980, and not as part of the National Historic Preservation Act,
Amendments
1994—Subsec. (b).
§470a–2. Federal undertakings outside United States; mitigation of adverse effects
Prior to the approval of any Federal undertaking outside the United States which may directly and adversely affect a property which is on the World Heritage List or on the applicable country's equivalent of the National Register, the head of a Federal agency having direct or indirect jurisdiction over such undertaking shall take into account the effect of the undertaking on such property for purposes of avoiding or mitigating any adverse effects.
(
Codification
Section was enacted as part of the National Historic Preservation Act Amendments of 1980, and not as part of the National Historic Preservation Act,
§470b. Requirements for awarding of grant funds
(a) Grant applications; amounts; reports; conditions
No grant may be made under this subchapter—
(1) unless application therefor is submitted to the Secretary in accordance with regulations and procedures prescribed by him;
(2) unless the application is in accordance with the comprehensive statewide historic preservation plan which has been approved by the Secretary after considering its relationship to the comprehensive statewide outdoor recreation plan prepared pursuant to the Land and Water Conservation Fund Act of 1965 (
(3) for more than 60 percent of the aggregate costs of carrying out projects and programs under the administrative control of the State Historic Preservation Officer as specified in
(4) unless the grantee has agreed to make such reports, in such form and containing such information as the Secretary may from time to time require;
(5) unless the grantee has agreed to assume, after completion of the project, the total cost of the continued maintenance, repair, and administration of the property in a manner satisfactory to the Secretary; and
(6) until the grantee has complied with such further terms and conditions as the Secretary may deem necessary or advisable.
Except as permitted by other law, the State share of the costs referred to in paragraph (3) shall be contributed by non-Federal sources. Notwithstanding any other provision of law, no grant made pursuant to this subchapter shall be treated as taxable income for purposes of title 26.
(b) Waiver
The Secretary may in his discretion waive the requirements of subsection (a), paragraphs (2) and (5) of this section for any grant under this subchapter to the National Trust for Historic Preservation in the United States.
(c) Repealed. Pub. L. 96–515, title II, §202(c), Dec. 12, 1980, 94 Stat. 2993
(d) 1 Remaining cost of project
No State shall be permitted to utilize the value of real property obtained before October 15, 1966, in meeting the remaining cost of a project for which a grant is made under this subchapter.
(d) 1 Availability
The Secretary shall make funding available to individual States and the National Trust for Historic Preservation as soon as practicable after execution of a grant agreement. For purposes of administration, grants to individual States and the National Trust each shall be considered to be one grant and shall be administered by the National Park Service as such.
(e) Administrative costs
The total administrative costs, direct and indirect, charged for carrying out State projects and programs may not exceed 25 percent of the aggregate costs except in the case of grants under
(
References in Text
The Land and Water Conservation Fund Act of 1965, referred to in subsec. (a)(2), is
Amendments
2000—Subsec. (a)(3).
1992—Subsec. (a)(3).
Subsec. (b).
Subsecs. (d), (e).
1986—Subsec. (a).
1980—Subsec. (a).
Subsec. (c).
1976—
1 So in original. Two subsecs. (d) have been enacted.
§470b–1. Grants to National Trust for Historic Preservation
(a) Authority of Secretary of Housing and Urban Development; renovation or restoration costs; terms and conditions; amounts
The Secretary of Housing and Urban Development is authorized to make grants to the National Trust for Historic Preservation, on such terms and conditions and in such amounts (not exceeding $90,000 with respect to any one structure) as he deems appropriate, to cover the costs incurred by such Trust in renovating or restoring structures which it considers to be of historic or architectural value and which it has accepted and will maintain (after such renovation or restoration) for historic purposes.
(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for the grants to be made under subsection (a) of this section.
(
Codification
Section was enacted as part of the Demonstration Cities and Metropolitan Development Act of 1966, and not as part of the National Historic Preservation Act,
§470c. Apportionment of grant funds
(a) Basis for apportionment
The amounts appropriated and made available for grants to the States for the purposes of this subchapter shall be apportioned among the States by the Secretary on the basis of needs as determined by him.
(b) Basis; notification to State; reapportionment
The amounts appropriated and made available for grants to the States for projects and programs under this subchapter for each fiscal year shall be apportioned among the States as the Secretary determines to be appropriate.
The Secretary shall notify each State of its apportionment under this subsection within thirty days following the date of enactment of legislation appropriating funds under this subchapter. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given, and for two fiscal years thereafter, shall be reapportioned by the Secretary in accordance with this subsection. The Secretary shall analyze and revise as necessary the method of apportionment. Such method and any revision thereof shall be published by the Secretary in the Federal Register.
(c) Transfer of funds to local governments
A minimum of 10 per centum of the annual apportionment distributed by the Secretary to each State for the purposes of carrying out this subchapter shall be transferred by the State, pursuant to the requirements of this subchapter, to local governments which are certified under
(d) Guidelines for use and distribution of funds to local governments
The Secretary shall establish guidelines for the use and distribution of funds under subsection (c) of this section to insure that no local government receives a disproportionate share of the funds available, and may include a maximum or minimum limitation on the amount of funds distributed to any single local government. The guidelines shall not limit the ability of any State to distribute more than 10 per centum of its annual apportionment under subsection (c) of this section, nor shall the Secretary require any State to exceed the 10 per centum minimum distribution to local governments.
(
Amendments
2000—Subsec. (a).
1992—Subsec. (a).
Subsec. (b).
1980—Subsec. (b).
Subsecs. (c), (d).
1976—Subsec. (a).
§470d. Loan insurance program for preservation of property included on National Register
(a) Establishment
The Secretary shall establish and maintain a program by which he may, upon application of a private lender, insure loans (including loans made in accordance with a mortgage) made by such lender to finance any project for the preservation of a property included on the National Register.
(b) Loan qualifications
A loan may be insured under this section only if—
(1) the loan is made by a private lender approved by the Secretary as financially sound and able to service the loan properly;
(2) the amount of the loan, and interest rate charged with respect to the loan, do not exceed such amount, and such a rate, as is established by the Secretary, by rule;
(3) the Secretary has consulted the appropriate State Historic Preservation Officer concerning the preservation of the historic property;
(4) the Secretary has determined that the loan is adequately secured and there is reasonable assurance of repayment;
(5) the repayment period of the loan does not exceed the lesser of forty years or the expected life of the asset financed;
(6) the amount insured with respect to such loan does not exceed 90 per centum of the loss sustained by the lender with respect to the loan; and
(7) the loan, the borrower, and the historic property to be preserved meet other terms and conditions as may be prescribed by the Secretary, by rule, especially terms and conditions relating to the nature and quality of the preservation work.
The Secretary shall consult with the Secretary of the Treasury regarding the interest rate of loans insured under this section.
(c) Limitation on amount of unpaid principal balance of loans
The aggregate unpaid principal balance of loans insured under this section and outstanding at any one time may not exceed the amount which has been covered into the Historic Preservation Fund pursuant to
(d) Assignability of insurance contracts; contract as obligation of United States; contestability
Any contract of insurance executed by the Secretary under this section may be assignable, shall be an obligation supported by the full faith and credit of the United States, and shall be incontestable except for fraud or misrepresentation of which the holder had actual knowledge at the time it became a holder.
(e) Conditions and methods of payment as result of loss
The Secretary shall specify, by rule and in each contract entered into under this section, the conditions and method of payment to a private lender as a result of losses incurred by the lender on any loan insured under this section.
(f) Protection of financial interests of Federal Government
In entering into any contract to insure a loan under this section, the Secretary shall take steps to assure adequate protection of the financial interests of the Federal Government. The Secretary may—
(1) in connection with any foreclosure proceeding, obtain, on behalf of the Federal Government, the property securing a loan insured under this part; and
(2) operate or lease such property for such period as may be necessary to protect the interest of the Federal Government and to carry out subsection (g) of this section.
(g) Conveyance to governmental or nongovernmental entity of property acquired by foreclosure
(1) In any case in which a historic property is obtained pursuant to subsection (f) of this section, the Secretary shall attempt to convey such property to any governmental or nongovernmental entity under such conditions as will ensure the property's continued preservation and use; except that if, after a reasonable time, the Secretary, in consultation with the Advisory Council on Historic Preservation, determines that there is no feasible and prudent means to convey such property and to ensure its continued preservation and use, then the Secretary may convey the property at the fair market value of its interest in such property to any entity without restriction.
(2) Any funds obtained by the Secretary in connection with the conveyance of any property pursuant to paragraph (1) shall be covered into the historic preservation fund, in addition to the amounts covered into such fund pursuant to
(h) Assessment of fees in connection with loans
The Secretary may assess appropriate and reasonable fees in connection with insuring loans under this section. Any such fees shall be covered into the Historic Preservation Fund, in addition to the amounts covered into such fund pursuant to
(i) Treatment of loans as non-Federal funds
Notwithstanding any other provision of law, any loan insured under this section shall be treated as non-Federal funds for the purposes of satisfying any requirement of any other provision of law under which Federal funds to be used for any project or activity are conditioned upon the use of non-Federal funds by the recipient for payment of any portion of the costs of such project or activity.
(j) Authorization of appropriations for payment of losses
Effective after the fiscal year 1981 there are authorized to be appropriated, such sums as may be necessary to cover payments incurred pursuant to subsection (e) of this section.
(k) Eligibility of debt obligation for purchase, etc., by Federal Financing Bank
No debt obligation which is made or committed to be made, or which is insured or committed to be insured, by the Secretary under this section shall be eligible for purchase by, or commitment to purchase by, or sale or issuance to, the Federal Financing Bank.
(
Codification
In subsec. (c), "December 12, 1980" substituted for "the date of enactment of this Act". "This Act" probably meant the National Historic Preservation Act Amendments of 1980 (
Amendments
1980—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (k).
Transfer of Functions
Enforcement functions of Secretary or other official in Department of the Interior and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with historic preservation under
1 So in original. Probably should be "subsections (g) and (h)".
2 So in original. Probably should be "subsection (h)".
§470e. Recordkeeping; recipients of assistance; audit
The beneficiary of assistance under this subchapter shall keep such records as the Secretary shall prescribe, including records which fully disclose the disposition by the beneficiary of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(
§470f. Effect of Federal undertakings upon property listed in National Register; comment by Advisory Council on Historic Preservation
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under part B of this subchapter a reasonable opportunity to comment with regard to such undertaking.
(
Amendments
1976—
Transfer of Functions
Enforcement functions of Secretary or other official in Department of the Interior and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with historic preservation under
Reporting Requirements of Advisory Council on Historic Preservation
§470g. White House, United States Supreme Court building, and United States Capitol not included in program for preservation of historical properties
Nothing in this subchapter shall be construed to be applicable to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds.
(
§470h. Historic Preservation Fund; establishment; appropriations; source of revenue
To carry out the provisions of this subchapter, there is hereby established the Historic Preservation Fund (hereafter referred to as the "fund") in the Treasury of the United States.
There shall be covered into such fund $24,400,000 for fiscal year 1977, $100,000,000 for fiscal year 1978, $100,000,000 for fiscal year 1979, $150,000,000 for fiscal year 1980, and $150,000,000 for fiscal year 1981, and $150,000,000 for each of fiscal years 1982 through 2015, from revenues due and payable to the United States under the Outer Continental Shelf Lands Act (
(
References in Text
The Outer Continental Shelf Lands Act, referred to in second par., is act Aug. 7, 1953, ch. 345,
Codification
"
Amendments
2006—
2000—
1992—
1987—
1980—
1976—
1973—
1970—
Review of Operation of Historic Preservation Fund and National Historic Preservation Program; Report to President and Congress
§470h–1. Acceptance of privately donated funds by Secretary
(a) Authorization; use of funds
In furtherance of the purposes of this subchapter, the Secretary may accept the donation of funds which may be expended by him for projects to acquire, restore, preserve, or recover data from any district, building, structure, site, or object which is listed on the National Register of Historic Places established pursuant to
(b) Consideration of factors respecting expenditure of funds
In expending said funds, the Secretary shall give due consideration to the following factors: the national significance of the project; its historical value to the community; the imminence of its destruction or loss; and the expressed intentions of the donor. Funds expended under this subsection shall be made available without regard to the matching requirements established by
(c) Transfer of unobligated funds
The Secretary is hereby authorized to transfer unobligated funds previously donated to the Secretary for the purposes of the National Park Service, with the consent of the donor, and any funds so transferred shall be used or expended in accordance with the provisions of this subchapter.
(
§470h–2. Historic properties owned or controlled by Federal agencies
(a) Responsibilities of Federal agencies; program for identification, evaluation, nomination, and protection
(1) The heads of all Federal agencies shall assume responsibility for the preservation of historic properties which are owned or controlled by such agency. Prior to acquiring, constructing, or leasing buildings for purposes of carrying out agency responsibilities, each Federal agency shall use, to the maximum extent feasible, historic properties available to the agency, in accordance with Executive Order No. 13006, issued May 21, 1996 (61 Fed. Reg. 26071). Each agency shall undertake, consistent with the preservation of such properties and the mission of the agency and the professional standards established pursuant to section 470a(g) 1 of this title, any preservation, as may be necessary to carry out this section.
(2) Each Federal agency shall establish (unless exempted pursuant to
(A) that historic properties under the jurisdiction or control of the agency, are identified, evaluated, and nominated to the National Register;
(B) that such properties under the jurisdiction or control of the agency as are listed in or may be eligible for the National Register are managed and maintained in a way that considers the preservation of their historic, archaeological, architectural, and cultural values in compliance with
(C) that the preservation of properties not under the jurisdiction or control of the agency, but subject to be potentially affected by agency actions are given full consideration in planning;
(D) that the agency's preservation-related activities are carried out in consultation with other Federal, State, and local agencies, Indian tribes, Native Hawaiian organizations carrying out historic preservation planning activities, and with the private sector; and
(E) that the agency's procedures for compliance with
(i) are consistent with regulations issued by the Council pursuant to
(ii) provide a process for the identification and evaluation of historic properties for listing in the National Register and the development and implementation of agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, regarding the means by which adverse effects on such properties will be considered; and
(iii) provide for the disposition of Native American cultural items from Federal or tribal land in a manner consistent with
(b) Records on historic properties to be altered or demolished; deposit in Library of Congress or other appropriate agency
Each Federal agency shall initiate measures to assure that where, as a result of Federal action or assistance carried out by such agency, an historic property is to be substantially altered or demolished, timely steps are taken to make or have made appropriate records, and that such records then be deposited, in accordance with
(c) Agency Preservation Officer; responsibilities; qualifications
The head of each Federal agency shall, unless exempted under
(d) Agency programs and projects
Consistent with the agency's missions and mandates, all Federal agencies shall carry out agency programs and projects (including those under which any Federal assistance is provided or any Federal license, permit, or other approval is required) in accordance with the purposes of this subchapter and, give consideration to programs and projects which will further the purposes of this subchapter.
(e) Review of plans of transferees of surplus federally owned historic properties
The Secretary shall review and approve the plans of transferees of surplus federally owned historic properties not later than ninety days after his receipt of such plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced.
(f) Planning and actions to minimize harm to National Historic Landmarks
Prior to the approval of any Federal undertaking which may directly and adversely affect any National Historic Landmark, the head of the responsible Federal agency shall, to the maximum extent possible, undertake such planning and actions as may be necessary to minimize harm to such landmark, and shall afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on the undertaking.
(g) Costs of preservation as eligible project costs
Each Federal agency may include the costs of preservation activities of such agency under this subchapter as eligible project costs in all undertakings of such agency or assisted by such agency. The eligible project costs may also include amounts paid by a Federal agency to any State to be used in carrying out such preservation responsibilities of the Federal agency under this subchapter, and reasonable costs may be charged to Federal licensees and permittees as a condition to the issuance of such license or permit.
(h) Annual preservation awards program
The Secretary shall establish an annual preservation awards program under which he may make monetary awards in amounts of not to exceed $1,000 and provide citations for special achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic resources. Such program may include the issuance of annual awards by the President of the United States to any citizen of the United States recommended for such award by the Secretary.
(i) Environmental impact statement
Nothing in this subchapter shall be construed to require the preparation of an environmental impact statement where such a statement would not otherwise be required under the National Environmental Policy Act of 1969 [
(j) Waiver of provisions in event of natural disaster or imminent threat to national security
The Secretary shall promulgate regulations under which the requirements of this section may be waived in whole or in part in the event of a major natural disaster or an imminent threat to the national security.
(k) Assistance for adversely affected historic property
Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the requirements of
(l) Documentation of decisions respecting undertakings
With respect to any undertaking subject to
(
References in Text
Executive Order No. 13006, referred to in subsec. (a)(1), is set out as a note under
The National Environmental Policy Act of 1969, referred to in subsec. (i), is
Amendments
2004—Subsec. (l).
2000—Subsec. (a)(1).
Subsec. (l).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
Subsecs. (k), (l).
Ex. Ord. No. 13287. Preserve America
Ex. Ord. No. 13287, Mar. 3, 2003, 68 F.R. 10635, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Historic Preservation Act (
(b) No later than September 30, 2004, each agency with real property management responsibilities shall review its regulations, management policies, and operating procedures for compliance with sections 110 and 111 of the NHPA (
(c) Each agency with real property management responsibilities shall, by September 30, 2005, and every third year thereafter, prepare a report on its progress in identifying, protecting, and using historic properties in its ownership and make the report available to the Council and the Secretary. The Council shall incorporate this data into a report on the state of the Federal Government's historic properties and their contribution to local economic development and submit this report to the President by February 15, 2006, and every third year thereafter.
(d) Agencies may use existing information gathering and reporting systems to fulfill the assessment and reporting requirements of subsections 3(a)–(c) of this order. To assist agencies, the Council, in consultation with the Secretary, shall, by September 30, 2003, prepare advisory guidelines for agencies to use at their discretion.
(e) No later than June 30, 2003, the head of each agency shall designate a senior policy level official to have policy oversight responsibility for the agency's historic preservation program and notify the Council and the Secretary of the designation. This senior official shall be an assistant secretary, deputy assistant secretary, or the equivalent, as appropriate to the agency organization. This official, or a subordinate employee reporting directly to the official, shall serve as the agency's Federal Preservation Officer in accordance with section 110(c) of the NHPA. The senior official shall ensure that the Federal Preservation Officer is qualified consistent with guidelines established by the Secretary for that position and has access to adequate expertise and support to carry out the duties of the position.
(b) Where consistent with agency missions and the Secretary of the Interior's Standards for Archeology and Historic Preservation, and where appropriate, agencies shall cooperate with communities to increase opportunities for public benefit from, and access to, Federally owned historic properties.
(c) The Council is directed to use its existing authority to encourage and accept donations of money, equipment, and other resources from public and private parties to assist other agencies in the preservation of historic properties in Federal ownership to fulfill the goals of the NHPA and this order.
(d) The National Park Service, working with the Council and in consultation with other agencies, shall make available existing materials and information for education, training, and awareness of historic property stewardship to ensure that all Federal personnel have access to information and can develop the skills necessary to continue the productive use of Federally owned historic properties while meeting their stewardship responsibilities.
(e) The Council, in consultation with the National Park Service and other agencies, shall encourage and recognize exceptional achievement by such agencies in meeting the goals of the NHPA and this order. By March 31, 2004, the Council shall submit to the President and the heads of agencies recommendations to further stimulate initiative, creativity, and efficiency in the Federal stewardship of historic properties.
(a) To the extent permitted by law and within existing resources, the Secretary of Commerce, working with the Council and other agencies, shall assist States, Indian tribes, and local communities in promoting the use of historic properties for heritage tourism and related economic development in a manner that contributes to the long-term preservation and productive use of those properties. Such assistance shall include efforts to strengthen and improve heritage tourism activities throughout the country as they relate to Federally owned historic properties and significant natural assets on Federal lands.
(b) Where consistent with agency missions and governing law, and where appropriate, agencies shall use historic properties in their ownership in conjunction with State, tribal, and local tourism programs to foster viable economic partnerships, including, but not limited to, cooperation and coordination with tourism officials and others with interests in the properties.
Nothing in this order shall be construed to require any agency to take any action or disclose any information that would conflict with or compromise national and homeland security goals, policies, programs, or activities.
George W. Bush.
1 So in original. Probably should be 470a(h).
2 So in original. Probably should be 470a(i).
§470h–3. Lease or exchange of historic property
(a) Authorization; consultation with Council
Notwithstanding any other provision of law, any Federal agency after consultation with the Council, shall, to the extent practicable, establish and implement alternatives for historic properties, including adaptive use, that are not needed for current or projected agency purposes, and may lease an historic property owned by the agency to any person or organization, or exchange any property owned by the agency with comparable historic property, if the agency head determines that the lease or exchange will adequately insure the preservation of the historic property.
(b) Proceeds of lease for administration, etc., of property; deposit of surplus proceeds into Treasury
The proceeds of any lease under subsection (a) of this section may, notwithstanding any other provision of law, be retained by the agency entering into such lease and used to defray the costs of administration, maintenance, repair, and related expenses incurred by the agency with respect to such property or other properties which are on the National Register which are owned by, or are under the jurisdiction or control of, such agency. Any surplus proceeds from such leases shall be deposited into the Treasury of the United States at the end of the second fiscal year following the fiscal year in which such proceeds were received.
(c) Contracts for management of historic property
The head of any Federal agency having responsibility for the management of any historic property may, after consultation with the Advisory Council on Historic Preservation, enter into contracts for the management of such property. Any such contract shall contain such terms and conditions as the head of such agency deems necessary or appropriate to protect the interests of the United States and insure adequate preservation of the historic property.
(
Amendments
1992—Subsec. (a).
Historic Lease Process Simplification
§470h–4. Professional standards
(a) In general
Each Federal agency that is responsible for the protection of historic resources, including archaeological resources pursuant to this subchapter or any other law shall ensure each of the following—
(1)(A) All actions taken by employees or contractors of such agency shall meet professional standards under regulations developed by the Secretary in consultation with the Council, other affected agencies, and the appropriate professional societies of the disciplines involved, specifically archaeology, architecture, conservation, history, landscape architecture, and planning.
(B) Agency personnel or contractors responsible for historic resources shall meet qualification standards established by the Office of Personnel Management in consultation with the Secretary and appropriate professional societies of the disciplines involved. The Office of Personnel Management shall revise qualification standards within 2 years after October 30, 1992, for the disciplines involved, specifically archaeology, architecture, conservation, curation, history, landscape architecture, and planning. Such standards shall consider the particular skills and expertise needed for the preservation of historic resources and shall be equivalent requirements for the disciplines involved.
(2) Records and other data, including data produced by historical research and archaeological surveys and excavations are permanently maintained in appropriate data bases and made available to potential users pursuant to such regulations as the Secretary shall promulgate.
(b) Guidelines
In order to promote the preservation of historic resources on properties eligible for listing in the National Register, the Secretary shall, in consultation with the Council, promulgate guidelines to ensure that Federal, State, and tribal historic preservation programs subject to this subchapter include plans to—
(1) provide information to the owners of properties containing historic (including architectural, curatorial, and archaeological) resources with demonstrated or likely research significance, about the need for protection of such resources, and the available means of protection;
(2) encourage owners to preserve such resources intact and in place and offer the owners of such resources information on the tax and grant assistance available for the donation of the resources or of a preservation easement of the resources;
(3) encourage the protection of Native American cultural items (within the meaning of section 3001(3) and (9) of title 25) and of properties of religious or cultural importance to Indian tribes, Native Hawaiians, or other Native American groups; and
(4) encourage owners who are undertaking archaeological excavations to—
(A) conduct excavations and analyses that meet standards for federally-sponsored excavations established by the Secretary;
(B) donate or lend artifacts of research significance to an appropriate research institution;
(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 organization may have an interest under section 3002(a)(2)(B) or (C) of title 25, given 1 notice to and consult with such Indian tribe or Native Hawaiian organization.
(
Codification
October 30, 1992, referred to in subsec. (a)(1)(B), was in the original "the date of enactment of this Act" which was translated as meaning the date of enactment of
Amendments
2000—Subsec. (b)(3).
1 So in original. Probably should be "give".
§470h–5. Interstate and international traffic in antiquities
(a) Study
In order to help control illegal interstate and international traffic in antiquities, including archaeological, curatorial, and architectural objects, and historical documents of all kinds, the Secretary shall study and report on the suitability and feasibility of alternatives for controlling illegal interstate and international traffic in antiquities.
(b) Consultation
In conducting the study described in subsection (a) of this section the Secretary shall consult with the Council and other Federal agencies that conduct, cause to be conducted, or permit archaeological surveys or excavations or that have responsibilities for other kinds of antiquities and with State Historic Preservation Officers, archaeological, architectural, historical, conservation, and curatorial organizations, Indian tribes, Native Hawaiian organizations, and other Native American organizations, international organizations and other interested persons.
(c) Report
Not later than 18 months after October 30, 1992, the Secretary shall submit to Congress a report detailing the Secretary's findings and recommendations from the study described in subsection (a) of this section.
(d) Authorization
There are authorized to be appropriated not more than $500,000 for the study described in subsection (a) of this section, such sums to remain available until expended.
(
Part B—Advisory Council on Historic Preservation
§470i. Advisory Council on Historic Preservation
(a) Establishment; membership; Chairman
There is established as an independent agency of the United States Government an Advisory Council on Historic Preservation which shall be composed of the following members:
(1) a Chairman appointed by the President selected from the general public;
(2) the Secretary of the Interior;
(3) the Architect of the Capitol;
(4) the Secretary of Agriculture and the heads of seven other agencies of the United States (other than the Department of the Interior) the activities of which affect historic preservation, designated by the President;
(5) one Governor appointed by the President;
(6) one mayor appointed by the President;
(7) the President of the National Conference of State Historic Preservation Officers;
(8) the Chairman of the National Trust for Historic Preservation;
(9) four experts in the field of historic preservation appointed by the President from the disciplines of architecture, history, archeology, and other appropriate disciplines;
(10) three at-large members from the general public, appointed by the President; and
(11) one member of an Indian tribe or Native Hawaiian organization who represents the interests of the tribe or organization of which he or she is a member, appointed by the President.
(b) Designation of substitutes
Each member of the Council specified in paragraphs (2) through (8) other than (6) of subsection (a) of this section may designate another officer of his department, agency, or organization to serve on the Council in his stead, except that, in the case of paragraphs (2) and (4), no such officer other than an Assistant Secretary or an officer having major department-wide or agency-wide responsibilities may be so designated.
(c) Term of office
Each member of the Council appointed under paragraph (1), and under paragraphs (9) through (11) of subsection (a) of this section shall serve for a term of four years from the expiration of his predecessor's term; except that the members first appointed under that paragraph shall serve for terms of one to four years, as designated by the President at the time of appointment, in such manner as to insure that the terms of not more than two of them will expire in any one year. The members appointed under paragraphs (5) and (6) shall serve for the term of their elected office but not in excess of four years. An appointed member may not serve more than two terms. An appointed member whose term has expired shall serve until that member's successor has been appointed.
(d) Vacancies; term of office of members already appointed
A vacancy in the Council shall not affect its powers, but shall be filled, not later than sixty days after such vacancy commences, in the same manner as the original appointment (and for the balance of any unexpired terms). The members of the Advisory Council on Historic Preservation appointed by the President under this subchapter as in effect on the day before December 12, 1980, shall remain in office until all members of the Council, as specified in this section, have been appointed. The members first appointed under this section shall be appointed not later than one hundred and eighty days after December 12, 1980.
(e) Designation of Vice Chairman
The President shall designate a Vice Chairman, from the members appointed under paragraph (5), (6), (9), or (10). The Vice Chairman may act in place of the Chairman during the absence or disability of the Chairman or when the office is vacant.
(f) Quorum
12 members of the Council shall constitute a quorum.
(
Amendments
2006—Subsec. (a)(4).
Subsec. (b).
Subsec. (f).
1996—Subsec. (a)(4).
Subsec. (c).
1992—Subsec. (a).
Subsec. (a)(11).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1976—Subsec. (a)(9) to (18).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1973—Subsec. (g).
1970—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (f).
§470j. Functions of Council; annual report to President and Congress; recommendations
(a) Duties
The Council shall—
(1) advise the President and the Congress on matters relating to historic preservation; recommend measures to coordinate activities of Federal, State, and local agencies and private institutions and individuals relating to historic preservation; and advise on the dissemination of information pertaining to such activities;
(2) encourage, in cooperation with the National Trust for Historic Preservation and appropriate private agencies, public interest and participation in historic preservation;
(3) recommend the conduct of studies in such areas as the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State and local governments and the effects of tax policies at all levels of government on historic preservation;
(4) advise as to guidelines for the assistance of State and local governments in drafting legislation relating to historic preservation;
(5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field of historic preservation;
(6) review the policies and programs of Federal agencies and recommend to such agencies methods to improve the effectiveness, coordination, and consistency of those policies and programs with the policies and programs carried out under this subchapter; and
(7) inform and educate Federal agencies, State and local governments, Indian tribes, other nations and international organizations and private groups and individuals as to the Council's authorized activities.
(b) Annual report
The Council shall submit annually a comprehensive report of its activities and the results of its studies to the President and the Congress and shall from time to time submit such additional and special reports as it deems advisable. Each report shall propose such legislative enactments and other actions as, in the judgment of the Council, are necessary and appropriate to carry out its recommendations and shall provide the Council's assessment of current and emerging problems in the field of historic preservation and an evaluation of the effectiveness of the programs of Federal agencies, State and local governments, and the private sector in carrying out the purposes of this subchapter.
(
Amendments
1980—Subsec. (a)(6), (7).
Subsec. (b).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to submittal to Congress, annually, of a comprehensive report of activities and results of studies, see section 3003 of
Relationship of Federal Tax Laws to Historic Preservation; Report to President and Congress
Section 503 of
§470k. Cooperation between Council and instrumentalities of executive branch of Federal Government
The Council is authorized to secure directly from any department, bureau, agency, board, commission, office, independent establishment or instrumentality of the executive branch of the Federal Government information, suggestions, estimates, and statistics for the purpose of this part; and each such department, bureau, agency, board, commission, office, independent establishment or instrumentality is authorized to furnish such information, suggestions, estimates, and statistics to the extent permitted by law and within available funds.
(
§470l. Compensation of members of Council
The members of the Council specified in paragraphs (2), (3), and (4) of
(
Amendments
1980—
1976—
1970—
§470m. Administration
(a) Executive Director of Council; appointment; functions and duties
There shall be an Executive Director of the Council who shall be appointed in the competitive service by the Chairman with the concurrence of the Council. The Executive Director shall report directly to the Council and perform such functions and duties as the Council may prescribe.
(b) General Counsel; appointment; functions and duties
The Council shall have a General Counsel, who shall be appointed by the Executive Director. The General Counsel shall report directly to the Executive Director and serve as the Council's legal advisor. The Executive Director shall appoint such other attorneys as may be necessary to assist the General Counsel, represent the Council in courts of law whenever appropriate, including enforcement of agreements with Federal agencies to which the Council is a party, assist the Department of Justice in handling litigation concerning the Council in courts of law, and perform such other legal duties and functions as the Executive Director and the Council may direct.
(c) Appointment and compensation of officers and employees
The Executive Director of the Council may appoint and fix the compensation of such officers and employees in the competitive service as are necessary to perform the functions of the Council at rates not to exceed that now or hereafter prescribed for the highest rate for grade 15 of the General Schedule under
(d) Appointment and compensation of additional personnel
The Executive Director shall have power to appoint and fix the compensation of such additional personnel as may be necessary to carry out its duties, without regard to the provisions of the civil service laws and
(e) Expert and consultant services; procurement
The Executive Director of the Council is authorized to procure expert and consultant services in accordance with the provisions of
(f) Financial and administrative services
Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Department of the Interior or, at the discretion of the Council, such other agency or private entity that reaches an agreement with the Council, for which payments shall be made in advance or by reimbursement from funds of the Council in such amounts as may be agreed upon by the Chairman of the Council and the head of the agency or, in the case of a private entity, the authorized representative of the private entity that will provide the services. When a Federal agency affords such services, the regulations of that agency for the collection of indebtedness of personnel resulting from erroneous payments (
(g) Use of funds, personnel, facilities, and services of Federal agencies
Any Federal agency may provide the Council, with or without reimbursement as may be agreed upon by the Chairman and the agency, with such funds, personnel, facilities and services under its jurisdiction and control as may be needed by the Council to carry out its duties, to the extent that such funds, personnel, facilities, and services are requested by the Council and are otherwise available for that purpose. Any funds provided to the Council pursuant to this subsection must be expended by the end of the fiscal year following the fiscal year in which the funds are received by the Council. To the extent of available appropriations, the Council may obtain by purchase, rental, donation, or otherwise, such additional property 1 facilities, and services as may be needed to carry out its duties and may also receive donations of moneys for such purpose, and the Executive Director is authorized, in his discretion, to accept, hold, use, expend, and administer the same for the purposes of this subchapter.
(
Codification
In subsec. (d), "
Amendments
2006—Subsec. (f).
2000—Subsec. (g).
1996—Subsec. (g).
1980—Subsec. (b).
Subsec. (g).
1976—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1970—Subsec. (d).
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
1 So in original. Probably should be followed by a comma.
§470n. International Centre for Study of Preservation and Restoration of Cultural Property
(a) Authorization of participation
The participation of the United States as a member in the International Centre for the Study of the Preservation and Restoration of Cultural Property is hereby authorized.
(b) Official delegation
The Council shall recommend to the Secretary of State, after consultation with the Smithsonian Institution and other public and private organizations concerned with the technical problems of preservation, the members of the official delegation which will participate in the activities of the Centre on behalf of the United States. The Secretary of State shall appoint the members of the official delegation from the persons recommended to him by the Council.
(c) Authorization of appropriations and payments
For the purposes of this section there is authorized to be appropriated an amount equal to the assessment for United States membership in the Centre for fiscal years 1979, 1980, 1981, and 1982: Provided, That no appropriation is authorized and no payment shall be made to the Centre in excess of 25 per centum of the total annual assessment of such organization. Authorization for payment of such assessments shall begin in fiscal year 1981, but shall include earlier costs.
(
Amendments
2000—Subsec. (c).
1980—Subsec. (c).
1976—Subsec. (c).
1973—Subsec. (c).
§470o. Transfer of personnel, property, etc., by Department of the Interior to Council; time limit
So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, programed, or available or to be made available by the Department of the Interior in connection with the functions of the Council, as the Director of the Office of Management and Budget shall determine, shall be transferred from the Department to the Council within 60 days of the effective date of this Act.
(
References in Text
The effective date of this Act, referred to in text, probably means the effective date of
§470p. Rights, benefits, and privileges of transferred employees
Any employee in the competitive service of the United States transferred to the Council under the provisions of this section shall retain all the rights, benefits, and privileges pertaining thereto held prior to such transfer.
(
§470q. Operations of Council; exemption
The Council is exempt from the provisions of the Federal Advisory Committee Act (
(
References in Text
The Federal Advisory Committee Act (
Codification
"Subchapter II of
§470r. Transmittal of legislative recommendations, or testimony, or comments, to any officer or agency of the United States prior to submission thereof to Congress; prohibition
No officer or agency of the United States shall have any authority to require the Council to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. In instances in which the Council voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the Council shall include a description of such actions in its legislative recommendations, testimony, or comments on legislation which it transmits to the Congress.
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Amendments
1980—
§470s. Rules and regulations; participation by local governments
The Council is authorized to promulgate such rules and regulations as it deems necessary to govern the implementation of
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Amendments
1992—
1980—
§470t. Budget; authorization of appropriations
(a) Time of submission; related department; authorized appropriations
The Council shall submit its budget annually as a related agency of the Department of the Interior. There are authorized to be appropriated such amounts as may be necessary to carry out this part.
(b) Transmittal of copies to Congressional committees
Whenever the Council submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit copies of that estimate or request to the House and Senate Appropriations Committees and the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources.
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Amendments
2006—Subsec. (a).
2000—Subsec. (a).
1996—Subsec. (a).
1994—Subsec. (b).
1992—Subsec. (a).
1989—Subsec. (a).
1984—Subsec. (a).
1980—Subsec. (a).
Subsec. (b).
1978—Subsec. (a).
§470u. Report by Secretary to Council
To assist the Council in discharging its responsibilities under this subchapter, the Secretary at the request of the Chairman, shall provide a report to the Council detailing the significance of any historic property, describing the effects of any proposed undertaking on the affected property, and recommending measures to avoid, minimize, or mitigate adverse effects.
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§470v. Exemption for Federal programs or undertakings; regulations
The Council, with the concurrence of the Secretary, shall promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from any or all of the requirements of this subchapter when such exemption is determined to be consistent with the purposes of this subchapter, taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic properties.
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§470v–1. Reimbursements from State and local agencies
Subject to applicable conflict of interest laws, the Council may receive reimbursements from State and local agencies and others pursuant to agreements executed in furtherance of the purposes of this subchapter.
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§470v–2. Effectiveness of Federal grant and assistance programs
(a) Cooperative agreements
The Council may enter into a cooperative agreement with any Federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of the administration of such program in meeting the purposes and policies of this subchapter. Such cooperative agreements may include provisions that modify the selection criteria for a grant or assistance program to further the purposes of this subchapter or that allow the Council to participate in the selection of recipients, if such provisions are not inconsistent with the grant or assistance program's statutory authorization and purpose.
(b) Review of grant and assistance programs
The Council may—
(1) review the operation of any Federal grant or assistance program to evaluate the effectiveness of such program in meeting the purposes and policies of this subchapter;
(2) make recommendations to the head of any Federal agency that administers such program to further the consistency of the program with the purposes and policies of the subchapter and to improve its effectiveness in carrying out those purposes and policies; and
(3) make recommendations to the President and Congress regarding the effectiveness of Federal grant and assistance programs in meeting the purposes and policies of this subchapter, including recommendations with regard to appropriate funding levels.
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Part C—General and Miscellaneous
§470w. Definitions
As used in this subchapter, the term—
(1) "Agency" means agency as such term is defined in
(2) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and, upon termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the Republic of Palau.
(3) "Local government" means a city, county, parish, township, municipality, or borough, or any other general purpose political subdivision of any State.
(4) "Indian tribe" or "tribe" means an Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation, as those terms are defined in
(5) "Historic property" or "historic resource" means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion on the National Register, including artifacts, records, and material remains related to such a property or resource.
(6) "National Register" or "Register" means the National Register of Historic Places established under
(7) "Undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including—
(A) those carried out by or on behalf of the agency;
(B) those carried out with Federal financial assistance;
(C) those requiring a Federal permit license, or approval; and
(D) those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency.
(8) "Preservation" or "historic preservation" includes identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, conservation, and education and training regarding the foregoing activities, or any combination of the foregoing activities.
(9) "Cultural park" means a definable area which is distinguished by historic resources and land related to such resources and which constitutes an interpretive, educational, and recreational resource for the public at large.
(10) "Historic conservation district" means an area which contains (A) historic properties, (B) buildings having similar or related architectural characteristics, (C) cultural cohesiveness, or (D) any combination of the foregoing.
(11) "Secretary" means the Secretary of the Interior acting through the Director of the National Park Service except where otherwise specified.
(12) "State historic preservation review board" means a board, council, commission, or other similar collegial body established as provided in
(A) the members of which are appointed by the State Historic Preservation Officer (unless otherwise provided for by State law),
(B) a majority of the members of which are professionals qualified in the following and related disciplines: history, prehistoric and historic archaeology, architectural history, architecture, folklore, cultural anthropology, curation, conservation, and landscape architecture, and
(C) which has the authority to—
(i) review National Register nominations and appeals from nominations;
(ii) review appropriate documentation submitted in conjunction with the Historic Preservation Fund;
(iii) provide general advice and guidance to the State Historic Preservation Officer; and
(iv) perform such other duties as may be appropriate.
(13) "Historic preservation review commission" means a board, council, commission, or other similar collegial body which is established by State or local legislation as provided in
(A) professionals in the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines, to the extent such professionals are available in the community concerned, and
(B) such other persons as have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines and as will provide for an adequate and qualified commission.
(14) "Tribal lands" means—
(A) all lands within the exterior boundaries of any Indian reservation; and
(B) all dependent Indian communities.
(15) "Certified local government" means a local government whose local historic preservation program has been certified pursuant to
(16) "Council" means the Advisory Council on Historic Preservation established by
(17) "Native Hawaiian" means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.
(18) "Native Hawaiian organization" means any organization which—
(A) serves and represents the interests of Native Hawaiians;
(B) has as a primary and stated purpose the provision of services to Native Hawaiians; and
(C) has demonstrated expertise in aspects of historic preservation that are culturally significant to Native Hawaiians.
The term includes, but is not limited to, the Office of Hawaiian Affairs of the State of Hawaii and Hui Malama I Na Kupuna O Hawai'i Nei, an organization incorporated under the laws of the State of Hawaii.
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Amendments
2000—Par. (12)(C)(iii).
1992—Par. (1).
Par. (2).
Par. (4).
Par. (5).
Par. (7).
Par. (8).
Par. (9).
Par. (10).
Par. (11).
Par. (12)(B).
Par. (13)(A).
Pars. (14) to (18).
Historic Preservation Fund Matching Grant Assistance
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands and the Trusteeship Agreement, see note set out preceding
§470w–1. Authorization for expenditure of appropriated funds
Where appropriate, each Federal agency is authorized to expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this subchapter, except to the extent appropriations legislation expressly provides otherwise.
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§470w–2. Donations and bequests of money, personal property and less than fee interests in historic property
(a) The Secretary is authorized to accept donations and bequests of money and personal property for the purposes of this subchapter and shall hold, use, expend, and administer the same for such purposes.
(b) The Secretary is authorized to accept gifts or donations of less than fee interests in any historic property where the acceptance of such interests will facilitate the conservation or preservation of such properties. Nothing in this section or in any provision of this subchapter shall be construed to affect or impair any other authority of the Secretary under other provision of law to accept or acquire any property for conservation or preservation or for any other purpose.
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§470w–3. Access to information
(a) Authority to withhold from disclosure
The head of a Federal agency or other public official receiving grant assistance pursuant to this subchapter, after consultation with the Secretary, shall withhold from disclosure to the public, information about the location, character, or ownership of a historic resource if the Secretary and the agency determine that disclosure may—
(1) cause a significant invasion of privacy;
(2) risk harm to the historic resources; or
(3) impede the use of a traditional religious site by practitioners.
(b) Access determination
When the head of a Federal agency or other public official has determined that information should be withheld from the public pursuant to subsection (a) of this section, the Secretary, in consultation with such Federal agency head or official, shall determine who may have access to the information for the purpose of carrying out this subchapter.
(c) Consultation with Council
When the information in question has been developed in the course of an agency's compliance with
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Amendments
1992—
§470w–4. Attorneys' 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 the provisions of this subchapter, if such person substantially prevails in such action, the court may award attorneys' fees, expert witness fees, and other costs of participating in such action, as the court deems reasonable.
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§470w–5. National Museum for the Building Arts
(a) Cooperative agreement between Secretary, Administrator of General Services Administration and Committee for National Museum of the Building Arts; purposes
In order to provide a national center to commemorate and encourage the building arts and to preserve and maintain a nationally significant building which exemplifies the great achievements of the building arts in the United States, the Secretary and the Administrator of the General Services Administration are authorized and directed to enter into a cooperative agreement with the Committee for a National Museum of the Building Arts, Incorporated, a nonprofit corporation organized and existing under the laws of the District of Columbia, or its successor, for the operation of a National Museum for the Building Arts in the Federal Building located in the block bounded by Fourth Street, Fifth Street, F Street, and G Street, Northwest in Washington, District of Columbia. Such museum shall—
(1) collect and disseminate information concerning the building arts, including the establishment of a national reference center for current and historic documents, publications, and research relating to the building arts;
(2) foster educational programs relating to the history, practice and contribution to society of the building arts, including promotion of imaginative educational approaches to enhance understanding and appreciation of all facets of the building arts;
(3) publicly display temporary and permanent exhibits illustrating, interpreting and demonstrating the building arts;
(4) sponsor or conduct research and study into the history of the building arts and their role in shaping our civilization; and
(5) encourage contributions to the building arts.
(b) Provisions of cooperative agreement
The cooperative agreement referred to in subsection (a) of this section shall include provisions which—
(1) make the site available to the Committee referred to in subsection (a) of this section without charge;
(2) provide, subject to available appropriations, such maintenance, security, information, janitorial and other services as may be necessary to assure the preservation and operation of the site; and
(3) prescribe reasonable terms and conditions by which the Committee can fulfill its responsibilities under this subchapter.
(c) Matching grants-in-aid to Committee; limitation on amounts
The Secretary is authorized and directed to provide matching grants-in-aid to the Committee referred to in subsection (a) of this section for its programs related to historic preservation. The Committee shall match such grants-in-aid in a manner and with such funds and services as shall be satisfactory to the Secretary, except that no more than $500,000 may be provided to the Committee in any one fiscal year.
(d) Renovation of site
The renovation of the site shall be carried out by the Administrator with the advice of the Secretary. Such renovation shall, as far as practicable—
(1) be commenced immediately,
(2) preserve, enhance, and restore the distinctive and historically authentic architectural character of the site consistent with the needs of a national museum of the building arts and other compatible use, and
(3) retain the availability of the central court of the building, or portions thereof, for appropriate public activities.
(e) Annual Committee report to Secretary and Administrator
The Committee shall submit an annual report to the Secretary and the Administrator concerning its activities under this section and shall provide the Secretary and the Administrator with such other information as the Secretary may, from time to time, deem necessary or advisable.
(f) "Building arts" defined
For purposes of this section, the term "building arts" includes, but shall not be limited to, all practical and scholarly aspects of prehistoric, historic, and contemporary architecture, archaeology, construction, building technology and skills, landscape architecture, preservation and conservation, building and construction, engineering, urban and community design and renewal, city and regional planning, and related professions, skills, trades, and crafts.
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§470w–6. Effective date of regulations
(a) Effective date of final regulations
No final regulation of the Secretary shall become effective prior to the expiration of thirty calendar days after it is published in the Federal Register during which either or both Houses of Congress are in session.
(b) Disapproval of regulation by resolution of Congress
The regulation shall not become effective if, within ninety calendar days of continuous session of Congress after the date of promulgation, both Houses of Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows: "That Congress disapproves the regulation promulgated by the Secretary dealing with the matter of , which regulation was transmitted to Congress on ," the blank spaces therein being appropriately filled.
(c) Failure of Congress to adopt resolution of disapproval of regulation
If at the end of sixty calendar days of continuous session of Congress after the date of promulgation of a regulation, no committee of either House of Congress has reported or been discharged from further consideration of a concurrent resolution disapproving the regulation, and neither House has adopted such a resolution, the regulation may go into effect immediately. If, within such sixty calendar days, such a committee has reported or been discharged from further consideration of such a resolution, the regulation may go into effect not sooner than ninety calendar days of continuous session of Congress after its promulgation unless disapproved as provided for.
(d) Sessions of Congress
For the purposes of this section—
(1) continuity of session is broken only by an adjournment sine die; and
(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of sixty and ninety calendar days of continuous session of Congress.
(e) Congressional inaction or rejection of resolution of disapproval not deemed approval of regulation
Congressional inaction on or rejection of a resolution of disapproval shall not be deemed an expression of approval of such regulation.
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Amendments
2000—Subsec. (a).
Subsec. (b).
Subsec.(c).
Subsecs. (d) to (f).
1996—Subsec. (a).
Subsec. (b).
1994—Subsecs. (a), (b).
§470w–7. Historic lighthouse preservation
(a) In general
In order to provide a national historic light station program, the Secretary shall—
(1) collect and disseminate information concerning historic light stations, including historic lighthouses and associated structures;
(2) foster educational programs relating to the history, practice, and contribution to society of historic light stations;
(3) sponsor or conduct research and study into the history of light stations;
(4) maintain a listing of historic light stations; and
(5) assess the effectiveness of the program established by this section regarding the conveyance of historic light stations.
(b) Conveyance of historic light stations
(1) Process and policy
Not later than 1 year after October 24, 2000, the Secretary and the Administrator shall establish a process and policies for identifying, and selecting, an eligible entity to which a historic light station could be conveyed for education, park, recreation, cultural, or historic preservation purposes, and to monitor the use of such light station by the eligible entity.
(2) Application review
The Secretary shall review all applications for the conveyance of a historic light station, when the agency with administrative jurisdiction over the historic light station has determined the property to be "excess property" as that term is defined in
(3) Conveyance of historic light stations
(A) Except as provided in subparagraph (B), the Administrator shall convey, by quitclaim deed, without consideration, all right, title, and interest of the United States in and to the historic light station, subject to the conditions set forth in subsection (c) of this section after the Secretary's selection of an eligible entity. The conveyance of a historic light station under this section shall not be subject to the provisions of the McKinney-Vento Homeless Assistance Act (
(B)(i) Historic light stations located within the exterior boundaries of a unit of the National Park System or a refuge within the National Wildlife Refuge System shall be conveyed or sold only with the approval of the Secretary.
(ii) If the Secretary approves the conveyance of a historic light station referenced in this paragraph, such conveyance shall be subject to the conditions set forth in subsection (c) of this section and any other terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge.
(iii) If the Secretary approves the sale of a historic light station referenced in this paragraph, such sale shall be subject to the conditions set forth in subparagraphs (A) through (D) and (H) of subsection (c)(1) of this section and subsection (c)(2) of this section and any other terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge.
(iv) For those historic light stations referenced in this paragraph, the Secretary is encouraged to enter into cooperative agreements with appropriate eligible entities, as provided in this subchapter, to the extent such cooperative agreements are consistent with the Secretary's responsibilities to manage and administer the park unit or wildlife refuge, as appropriate.
(c) Terms of conveyance
(1) In general
The conveyance of a historic light station shall be made subject to any conditions, including the reservation of easements and other rights on behalf of the United States, the Administrator considers necessary to ensure that—
(A) the Federal aids to navigation located at the historic light station in operation on the date of conveyance remain the personal property of the United States and continue to be operated and maintained by the United States for as long as needed for navigational purposes;
(B) there is reserved to the United States the right to remove, replace, or install any Federal aid to navigation located at the historic light station as may be necessary for navigational purposes;
(C) the eligible entity to which the historic light station is conveyed under this section shall not interfere or allow interference in any manner with any Federal aid to navigation, nor hinder activities required for the operation and maintenance of any Federal aid to navigation, without the express written permission of the head of the agency responsible for maintaining the Federal aid to navigation;
(D) the eligible entity to which the historic light station is conveyed under this section shall, at its own cost and expense, use and maintain the historic light station in accordance with this subchapter, the Secretary of the Interior's Standards for the Treatment of Historic Properties, 36 CFR part 68, and other applicable laws, and any proposed changes to the historic light station shall be reviewed and approved by the Secretary in consultation with the State Historic Preservation Officer of the State in which the historic light station is located, for consistency with 36 CFR part 800.5(a)(2)(vii), and the Secretary of the Interior's Standards for Rehabilitation, 36 CFR part 67.7;
(E) the eligible entity to which the historic light station is conveyed under this section shall make the historic light station available for education, park, recreation, cultural or historic preservation purposes for the general public at reasonable times and under reasonable conditions;
(F) the eligible entity to which the historic light station is conveyed shall not sell, convey, assign, exchange, or encumber the historic light station, any part thereof, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including but not limited to any lens or lanterns, unless such sale, conveyance, assignment, exchange or encumbrance is approved by the Secretary;
(G) the eligible entity to which the historic light station is conveyed shall not conduct any commercial activities at the historic light station, any part thereof, or in connection with any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, in any manner, unless such commercial activities are approved by the Secretary; and
(H) the United States shall have the right, at any time, to enter the historic light station conveyed under this section without notice, for purposes of operating, maintaining, and inspecting any aid to navigation and for the purpose of ensuring compliance with this subsection, to the extent that it is not possible to provide advance notice.
(2) Maintenance of aid to navigation
Any eligible entity to which a historic light station is conveyed under this section shall not be required to maintain any Federal aid to navigation associated with a historic light station, except any private aids to navigation permitted under
(3) Reversion
In addition to any term or condition established pursuant to this subsection, the conveyance of a historic light station shall include a condition that the historic light station, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including but not limited to any lens or lanterns, at the option of the Administrator, shall revert to the United States and be placed under the administrative control of the Administrator, if—
(A) the historic light station, any part thereof, or any associated historic artifact ceases to be available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions which shall be set forth in the eligible entity's application;
(B) the historic light station or any part thereof ceases to be maintained in a manner that ensures its present or future use as a site for a Federal aid to navigation;
(C) the historic light station, any part thereof, or any associated historic artifact ceases to be maintained in compliance with this subchapter, the Secretary of the Interior's Standards for the Treatment of Historic Properties, 36 CFR part 68, and other applicable laws;
(D) the eligible entity to which the historic light station is conveyed, sells, conveys, assigns, exchanges, or encumbers the historic light station, any part thereof, or any associated historic artifact, without approval of the Secretary;
(E) the eligible entity to which the historic light station is conveyed, conducts any commercial activities at the historic light station, any part thereof, or in conjunction with any associated historic artifact, without approval of the Secretary; or
(F) at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic light station or any part thereof is needed for national security purposes.
(4) Light stations originally conveyed under other authority
Upon receiving notice of an executed or intended conveyance by an owner who—
(A) received from the Federal Government under authority other than this subchapter an historic light station in which the United States retains a reversionary or other interest; and
(B) is conveying it to another person by sale, gift, or any other manner,
the Secretary shall review the terms of the executed or proposed conveyance to ensure that any new owner is capable of or is complying with any and all conditions of the original conveyance. The Secretary may require the parties to the conveyance and relevant Federal agencies to provide such information as is necessary to complete this review. If the Secretary determines that the new owner has not or is unable to comply with those conditions, the Secretary shall immediately advise the Administrator, who shall invoke any reversionary interest or take such other action as may be necessary to protect the interests of the United States.
(d) Description of property
(1) In general
The Administrator shall prepare the legal description of any historic light station conveyed under this section. The Administrator, in consultation with the Commandant, United States Coast Guard, and the Secretary, may retain all right, title, and interest of the United States in and to any historical artifact, including any lens or lantern, that is associated with the historic light station and located at the light station at the time of conveyance. Wherever possible, such historical artifacts should be used in interpreting that station. In cases where there is no method for preserving lenses and other artifacts and equipment in situ, priority should be given to preservation or museum entities most closely associated with the station, if they meet loan requirements.
(2) Artifacts
Artifacts associated with, but not located at, the historic light station at the time of conveyance shall remain the personal property of the United States under the administrative control of the Commandant, United States Coast Guard.
(3) Covenants
All conditions placed with the quitclaim deed of title to the historic light station shall be construed as covenants running with the land.
(4) Submerged lands
No submerged lands shall be conveyed under this section.
(e) Definitions
For purposes of this section:
(1) Administrator
The term "Administrator" shall mean the Administrator of General Services.
(2) Historic light station
The term "historic light station" includes the light tower, lighthouse, keepers dwelling, garages, storage sheds, oil house, fog signal building, boat house, barn, pumphouse, tramhouse support structures, piers, walkways, underlying and appurtenant land and related real property and improvements associated therewith; provided that the "historic light station" shall be included in or eligible for inclusion in the National Register of Historic Places.
(3) Eligible entity
The term "eligible entity" shall mean:
(A) any department or agency of the Federal Government; or
(B) any department or agency of the State in which the historic light station is located, the local government of the community in which the historic light station is located, nonprofit corporation, educational agency, or community development organization that—
(i) has agreed to comply with the conditions set forth in subsection (c) of this section and to have such conditions recorded with the deed of title to the historic light station; and
(ii) is financially able to maintain the historic light station in accordance with the conditions set forth in subsection (c) of this section.
(4) Federal aid to navigation
The term "Federal aid to navigation" shall mean any device, operated and maintained by the United States, external to a vessel or aircraft, intended to assist a navigator to determine position or safe course, or to warn of dangers or obstructions to navigation, and shall include, but not be limited to, a light, lens, lantern, antenna, sound signal, camera, sensor, electronic navigation equipment, power source, or other associated equipment.
(5) Secretary
The term "Secretary" means the Secretary of the Interior.
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References in Text
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (b)(3)(A), is
Section 416(d) of the Coast Guard Authorization Act of 1998, referred to in subsec. (b)(3)(A), is section 416(d) of
Codification
In subsec. (b)(2), "
Amendments
2004—Subsec. (c)(4).
2000—Subsec. (b)(3)(A).
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
§470w–8. Historic light station sales
(a) In general
In the event no applicants are approved for the conveyance of a historic light station pursuant to
(b) Net sale proceeds
Net sale proceeds from the disposal of a historic light station—
(1) located on public domain lands shall be transferred to the National Maritime Heritage Grant 1 Program, established by the National Maritime Heritage Act of 1994 (
(2) under the administrative control of the Coast Guard shall be credited to the Coast Guard's Operating Expenses appropriation account, and shall be available for obligation and expenditure for the maintenance of light stations remaining under the administrative control of the Coast Guard, such funds to remain available until expended and shall be available in addition to funds available in the Operating Expense appropriation for this purpose.
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References in Text
The National Maritime Heritage Act of 1994, referred to in subsec. (b)(1), is
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
1 So in original. Probably should be "Grants".
Part D—National Center for Preservation Technology and Training
§470x. Findings
The Congress finds and declares that, given the complexity of technical problems encountered in preserving historic properties and the lack of adequate distribution of technical information to preserve such properties, a national initiative to coordinate and promote research, distribute information, and provide training about preservation skills and technologies would be beneficial.
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§470x–1. Definitions
For the purposes of this part—
(1) The term "Board" means the National Preservation Technology and Training Board established pursuant to
(2) The term "Center" means the National Center for Preservation Technology and Training established pursuant to
(3) The term "Secretary" means the Secretary of the Interior.
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§470x–2. Establishment of National Center
(a) Establishment
There is hereby established within the Department of the Interior a National Center for Preservation Technology and Training. The Center shall be located at Northwestern State University of Louisiana in Natchitoches, Louisiana.
(b) Purposes
The purposes of the Center shall be to—
(1) develop and distribute preservation and conservation skills and technologies for the identification, evaluation, conservation, and interpretation of prehistoric and historic resources;
(2) develop and facilitate training for Federal, State and local resource preservation professionals, cultural resource managers, maintenance personnel, and others working in the preservation field;
(3) take steps to apply preservation technology benefits from ongoing research by other agencies and institutions;
(4) facilitate the transfer of preservation technology among Federal agencies, State and local governments, universities, international organizations, and the private sector; and
(5) cooperate with related international organizations including, but not limited to the International Council on Monuments and Sites, the International Center for the Study of Preservation and Restoration of Cultural Property, and the International Council on Museums.
(c) Programs
Such purposes shall be carried out through research, professional training, technical assistance, and programs for public awareness, and through a program of grants established under
(d) Executive Director
The Center shall be headed by an Executive Director with demonstrated expertise in historic preservation appointed by the Secretary with advice of the Board.
(e) Assistance from Secretary
The Secretary shall provide the Center assistance in obtaining such personnel, equipment, and facilities as may be needed by the Center to carry out its activities.
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§470x–3. Preservation Technology and Training Board
(a) Establishment
There is established a Preservation Technology and Training Board.
(b) Duties
The Board shall—
(1) provide leadership, policy advice, and professional oversight to the Center;
(2) advise the Secretary on priorities and the allocation of grants among the activities of the Center; and
(3) submit an annual report to the President and the Congress.
(c) Membership
The Board shall be comprised of—
(1) the Secretary, or the Secretary's designee;
(2) 6 members appointed by the Secretary who shall represent appropriate Federal, State, and local agencies, State and local historic preservation commissions, and other public and international organizations; and
(3) 6 members appointed by the Secretary on the basis of outstanding professional qualifications who represent major organizations in the fields of archaeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education.
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Amendments
2000—Subsec. (c)(2).
§470x–4. Preservation grants
(a) In general
The Secretary, in consultation with the Board, shall provide preservation technology and training grants to eligible applicants with a demonstrated institutional capability and commitment to the purposes of the Center, in order to ensure an effective and efficient system of research, information distribution and skills training in all the related historic preservation fields.
(b) Grant requirements
(1) Grants provided under this section shall be allocated in such a fashion to reflect the diversity of the historic preservation fields and shall be geographically distributed.
(2) No grant recipient may receive more than 10 percent of the grants allocated under this section within any year.
(3) The total administrative costs, direct and indirect, charged for carrying out grants under this section may not exceed 25 percent of the aggregate costs.
(c) Eligible applicants
Eligible applicants may include Federal and non-Federal laboratories, accredited museums, universities, nonprofit organizations; offices, units, and Cooperative Park Study Units of the National Park System, State Historic Preservation Offices, tribal preservation offices, and Native Hawaiian organizations.
(d) Standards
All such grants shall be awarded in accordance with accepted professional standards and methods, including peer review of projects.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section such sums as may be necessary.
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§470x–5. General provisions
(a) Acceptance of grants and transfers
The Center may accept—
(1) grants and donations from private individuals, groups, organizations, corporations, foundations, and other entities; and
(2) transfers of funds from other Federal agencies.
(b) Contracts and cooperative agreements
Subject to appropriations, the Center may enter into contracts and cooperative agreements with Federal, State, local, and tribal governments, Native Hawaiian organizations, educational institutions, and other public entities to carry out the Center's responsibilities under this part.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for the establishment, operation, and maintenance of the Center. Funds for the Center shall be in addition to existing National Park Service programs, centers, and offices.
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§470x–6. National Park Service preservation
In order to improve the use of existing National Park Service resources, the Secretary shall fully utilize and further develop the National Park Service preservation (including conservation) centers and regional offices. The Secretary shall improve the coordination of such centers and offices within the National Park Service, and shall, where appropriate, coordinate their activities with the Center and with other appropriate parties.
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