|
[Main Tabs]
[Table of Contents - 8000]
[Index]
[Previous Page]
[Next Page]
[Search]
8000 - FDIC Miscellaneous Statutes and Regulations
{{2-28-97 p.8822.03}}
NATIONAL HISTORIC PRESERVATION ACT OF 1966
AN ACT
To establish a program for the preservation of additional
historic properties throughout the Nation, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress
assembled,
§ 1. Short title; Congressional findings
(a) This Act 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.
[Codified to 16 U.S.C. 470]
[Source: Section 1 of title I of the Act of October 15, 1966 (Pub.
L. No. 89--665; 80 Stat. 915), effective October 15, 1966, as amended
by section 101[(a)] of the Act of December 12, 1980 (Pub. L. No.
96--515; 94 Stat. 2987), effective December 12,
1980]
§ 2. Declaration of policy
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;
{{2-28-97 p.8822.04}}
(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 3/4ll 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.
[Codified to 16 U.S.C. 470--1]
[Source: Section 2 of title I of the Act of October 15, 1966 (Pub.
L. No. 89--665), effective October 15, 1966, as added by section
101[(a)] of the Act of December 12, 1980 (Pub. L. No. 96--515; 94
Stat. 2987), effective December 12, 1980; as amended by section 4002 of
title XL of the Act of October 30, 1992 (Pub. L. No. 102--575; 106
Stat. 4753), effective October 30,
1992]
§ 101. National Register of Historic Places
(a) Expansion and maintenance of National Register; criteria;
nominations; determinations; appeals; concurrence or objections of
owner.
(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.
(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 the date of the
enactment of the National Historic Preservation Act Amendments of 1980
[enacted Dec. 12, 1980] shall be deemed to be included on the
National Register as of their initial listing for purposes of this Act.
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 [enacted Oct. 15, 1966] 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 Act and the Act of August 21, 1935 (49
Stat. 666); except that in cases of National Historic Landmark
districts for which no boundaries have been established, boundaries
must first be published in the Federal Register.
(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
{{4-30-93 p.8822.05}}
(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), shall nominate
to the Secretary properties which meet the criteria promulgated under
subsection (a) for inclusion on the National Register. Subject to
paragraph (6), any property nominated under this paragraph or under
section 110(a)(2) shall be included on the National Register on the
date forty-five days after receipt by the Secretary of the nomination
and the necessary documentation, unless the Secretary disapproves such
nomination within such forty-five day period or unless an appeal is
filed under paragraph (5).
(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). 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 section 110 of this Act, the Act of
June 27, 1960 (16 U.S.C. 469c), and the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470aa and following) are deposited in
an institution with adequate long-term curatorial capabilities;
(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) and for the allocation of funds pursuant to section 103(c) of
this Act.
{{4-30-93 p.8822.06}}
(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) State Historic Preservation 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
Act, and in cooperation with the State Historic Preservation Officer,
shall evaluate the program to determine whether it is consistent with
this Act.
(B) If, at any time, the Secretary determines that a major aspect
of a State program is not consistent with this Act, 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 Act, until the program is consistent
with this Act, unless the Secretary determines that the program will be
made consistent with this Act 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;
{{4-30-93 p.8822.07}}
(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; and
(H) cooperate with local governments in the development of local
historic preservation programs and assist local governments in becoming
certified pursuant to subsection (c);
(I) consult with appropriate Federal agenices in accordance with
this Act 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 the date of the enactment of the National
Historic Preservation Act Amendments of 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 section 101(b)(1) and (2);
(iii) the State Historic Preservation Officer agrees to carry out
the additional responsibility in a timely and efficient manner
acceptable to the Secretary and the Secretary determines that such
Officer is fully capable of carrying out such responsibility in such
manner;
(iv) the State Historic Preservation Officer agrees to permit the
Secretary to review and revise, as appropriate in the discretion of the
Secretary, decisions made by the Officer pursuant to such contract or
cooperative agreement; and
(v) the Secretary and the State Historic Preservation Officer
agree on the terms of additional financial assistance to the State, if
there is to be any, for the costs of carrying out such
responsibility.
{{4-30-93 p.8822.08}}
(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 State programs. (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 Act and provide for the
transfer, in accordance with section 103(c) of a portion of the grants
received by the States under this Act to such local governments. Any
local government shall be certified to participate under the provisions
of this section if the applicable State Historic Preservation Officer,
and the Secretary, certifies that the local government--
(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);
(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 Act.
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
section 101(a). 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 section 101(a). 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 section 103(c) of this Act, and shall carry out any
responsibilities delegated to it in accordance with such terms and
conditions as the Secretary deems necessary or advisable.
(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
{{12-29-00 p.8822.09}}
(B) "protection" means a local review process under State
or local law for proposed demolition of, changes to, or other action
that may affect historic properties designated pursuant to subsection
(c).
(d)(1)(A) The Secretary shall establishes 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), 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
section 106), and other tribes, if any, whose tribal or aboriginal
lands may be affected by conduct of the tribal preservation program--
(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); 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 section 103(a) with respect to tribal programs that assume
responsibilities under paragraph (2).
(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) on
tribal land, if--
{{12-29-00 p.8822.10}}
(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 with this Act; and
(C) the contract or cooperative agreement specified 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 section 106, if
the Council, after consultation with the tribe and appropriate State
Historic Preservation Officers, determines that the tribal preservation
regulations will afford historic properties consideration equivalent to
those afforded by the Council's regulations.
(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 section 106, a
Federal agency shall consult with any Indian tribe or Native Hawaiian
organization that attaches religious and cultural significance to
properties described in subparagraph (A).
(C) In carrying out his or her responsibilities under subsection
(b)(3), 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) Grants-in-aid. (1) The Secretary shall administer a program of
matching grants to the States for the purposes of carrying out this
Act.
(2) The Secretary may administer grants to the National Trust for
Historic Preservation in the United States, chartered by an Act of
Congress approved October 26, 1949 (63 Stat. 947) consistent with the
purposes of its charter and this Act.
(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 section
108. These grants may be made by the Secretary, in consultation with
the appropriate State Historic Preservation Officer--
(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
{{4-30-01 p.8822.11}}
(iv) to assist persons or small businesses within any historic
district included in the National Register to remain with 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 section 104.
(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 Act 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 (48 U.S.C. 1681 note), the Trusteeship
Agreement for the Trust Territory of the Pacific Islands, and the
Compact of Free Association between the United States and Palau,
approved by 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" (48 U.S.C. 1681
note). The goal of the program shall be to establish historic and
cultural preservation programs that meet the unique needs of each
Micronesian State so that at the termination of the compacts the
programs shall be firmly established. The Secretary may waive or modify
the requirements of this section to conform to the cultural setting of
those nations.
(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 against compensation of intervening parties.
No part of any grant made under this section may be used to
compensate any person intervening in any proceeding under this Act.
(g) Federal agency responsibility guidelines. In consultation
with the Advisory Council on Historic Preservation, the Secretary shall
promulgate guidelines for Federal agency responsibilities under section
110 of this title.
(h) Professional standards of preservation. Within one year
after the date of enactment of the National Historic Preservation Act
Amendments of 1980 [enacted Dec. 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) Availability of information on historic property preservation.
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
{{4-30-01 p.8822.12}}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)(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.
[Codified to 16 U.S.C. 470a]
[Source: Section 101 of title I of the Act of October 15, 1966
(Pub. L. No. 89--665; 80 Stat. 915), effective October 15, 1966, as
amended by section 1(d) of the Act of July 1, 1973 (Pub. L. No. 93--54;
87 Stat. 139), effective July 1, 1973; section 11 of the Act of August
18, 1970 (Pub. L. No. 91--383); section 2 of the Act of October 7, 1976
(Pub. L. No. 94--458; 90 Stat. 1942), effective October 7, 1976;
section 608(a) and (b) of title VI of the Act of March 12, 1980 (Pub.
L. No. 96--205; 94 Stat. 92), effective March 12, 1980; section
201[(a)] of title II of the Act of December 12, 1980 (Pub. L. No.
96--515; 94 Stat. 2988), effective December 12, 1980; sections
4003--4006(a), 4007--4008 of title XL of the Act of October 30, 1992
(Pub. L. No. 102--575; 106 Stat. 4753--4759), effective October 30,
1992; section 6(d)(28) of the Act of November 2, 1994 (Pub. L. No.
103--437; 108 Stat. 4584), effective November 2, 1994; section
814(d)(2)(F) of title VIII of the Act of November 12, 1996 (Pub. L. No.
104--333; 110 Stat. 4196), effective November 12, 1996; sections
5(a)(1)--(4) of the Act of May 26, 2000 (Pub. L. No. 106--208; 114
Stat. 318]
§ 102. Requirements for awarding of grant funds
(a) Grant applications; amounts; reports; conditions. No grant may
be made under this Act--
(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 (78 Stat. 897);
(3) for more than 60 percent of the aggregate cost of carrying
out projects and programs under the administrative control of the State
Historic Preservation Officer as specified in section 101(b)(3) in any
one fiscal year;
(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.
{{4-30-01 p.8822.13}}
(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 Act to the National Trust for Historic
Preservation in the United States.
(c) [Repealed]
(d) 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) 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 section
101(e)(6).
[Codified to 16 U.S.C. 470b]
[Source: Section 102 of title I of the Act of October 15, 1966
(Pub. L. No. 89--665; 80 Stat. 916), effective October 15, 1966, as
amended by section 201(1) of title II of the Act of September 28, 1976
(Pub. L. No. 94--422; 90 Stat. 1319), effective September 28, 1976;
section 202 of title II of the Act of December 12, 1980 (Pub. L. No.
96--515; 94 Stat. 2993), effective December 12, 1980; section 4009 of
title XL of the Act of October 30, 1992 (Pub. L. No. 102--575; 106
Stat. 4759), effective October 30, 1992; section 5(a)(5) of the Act of
May 26, 2000 (Pub. L. No. 106--208; 114 Stat. 318) effective May 26,
2000]
§ 103. Apportionment of grant funds; reapportionment
(a) The amounts appropriated and made available for grants to the
States for the purposes of this Act shall be apportioned among the
States by the Secretary on the basis of needs as determined by him.
(b) The amounts appropriated and made available for grants to the
States for projects and programs under this Act 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 Act. 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) A minimum of 10 per centum of the annual apportionment
distributed by the Secretary to each State for the purposes of carrying
out this Act shall be transferred by the State, pursuant to the
requirements of this Act, to local governments which are certified
under section 101(c) for historic preservation projects or programs of
such local governments. In any year in which the total annual
apportionment to the States exceeds $65,000,000, one half of the excess
shall also be transferred by the States to local governments certified
pursuant to section 101(c).
(d) The Secretary shall establish guidelines for the use and
distribution of funds under subsection (c) 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), nor shall the Secretary
require any State to exceed the 10 per centum minimum distribution to
local governments.
[Codified to 16 U.S.C. 470c]
[Source: Section 103 of title I of the Act of October 15,
1966 (Pub. L. No. 89--665; 80 Stat. 916), effective October 15, 1966,
as amended by section 201(2) of title II of the Act of September 28,
1976 (Pub. L. No. 94--422; 90 Stat. 1319), effective September 28,
1976; section 203 of title II of the Act of December 12, 1980 (Pub. L.
No. 96--515; 94 Stat. 2993),
{{4-30-01 p.8822.14}}effective December 12, 1980; section 4010 of
title XL of the Act of October 30, 1992 (Pub. L. No. 102--575; 106
Stat. 4759), effective October 30, 1992; section 5(a)(6) of the Act of
May 26, 2000 (Pub. L. No. 106--208; 114 Stat. 318), effective May 26,
2001]
§ 104. Loan insurance; conditions on issuance of insurance;
protection of Federal financial interests; assessment of fees
(a) 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) 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) 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
section 108 and subsections (g) and (i) of this section, as in effect
on the date of the enactment of this Act but which has not been
appropriated for any purpose.
(d) 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) 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) 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 title; 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).
(g)(1) In any case in which a historic property is obtained
pursuant to subsection (f), 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.
{{2-29-08 p.8822.15}}
(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 section 108 and subsection (i) of this
section, and shall remain available in such fund until appropriated by
the Congress to carry out the purposes of this Act.
(h) 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 section 108 and subsection
(g) of this section, and shall remain available in such fund until
appropriated by the Congress to carry out purposes of this Act.
(i) 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) 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).
(k) 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.
[Codified to 16 U.S.C. 470d]
[Source: Section 104 of title I of the Act of October 15, 1966
(Pub. L. No. 89--665; 80 Stat. 917), effective October 15, 1966, as
amended by section 204 of title II of the Act of December 12, 1980
(Pub. L. No. 96--515; 94 Stat. 2994]
§ 105. Required record keeping by recipients of assistance
The beneficiary of assistance under this Act 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.
[Codified to 16 U.S.C. 470e]
[Source: Section 105 of title I of the Act of October 15, 1966
(Pub. L. No. 89--665; 80 Stat. 917), effective October 15,
1966]
§ 106. 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 title
II of this Act a reasonable opportunity to comment with regard to such
undertaking.
[Codified to 16 U.S.C. 470f]
[Source: Section 106 of title I of the Act of October 15,
1966 (Pub. L. No. 89--665; 80 Stat. 917), effective October 15, 1966,
as amended by section 201(3) of title II of the Act of September 28,
1976 (Pub. L. No. 94--422; 90 Stat. 1320), effective September 28,
1976]
{{2-29-08 p.8822.16}}
§ 107. White House, United States Supreme Court building, and
United States Capitol not included in program for preservation of
historical properties
Nothing in this Act 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.
[Codified to 16 U.S.C. 470g]
[Source: Section 107 of title I of the Act of October 15, 1966
(Pub. L. No. 89--665; 80 Stat. 917), effective October 15,
1966]
§ 108. Historic Preservation Fund; establishment;
appropriations; source of revenue
To carry out the provisions of this Act, 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 (67 Stat. 462, 469), as amended (43 U.S.C.
1338 [1338]), and/or under the Act of June 4, 1920 (41 Stat. 813), as
amended (30 U.S.C. 191), notwithstanding any provision of law that such
proceeds shall be credited to miscellaneous receipts of the Treasury.
Such moneys shall be used only to carry out the purposes of this Act
and shall be available for expenditure only when appropriated by the
Congress. Any moneys not appropriated shall remain available in the
fund until appropriated for said purposes: Provided, That
appropriations made pursuant to this paragraph may be made without
fiscal year limitation.
[Codified to 16 U.S.C. 470h]
[Source: Section 108 of title I of the Act of October 15, 1966
(Pub. L. No. 89--665; 80 Stat. 917), effective October 15, 1966, as
amended by section 1(a) of the Act of May 9, 1970 (Pub. L. No. 91--243;
84 Stat. 204), effective May 9, 1970; section 1(a) of the Act of July
3, 1973 (Pub. L. No. 93--54; 87 Stat. 139), effective July 3, 1973;
section 201(4) of title II of the Act of September 28, 1976 (Pub. L.
No. 94--422; 90 Stat. 1320), effective September 28, 1976; section 205
of title II of the Act of December 12, 1980 (Pub. L. No. 96--515; 94
Stat. 2995), effective December 12, 1980; the Act of October 9, 1987
(Pub. L. No. 100--127; 101 Stat. 800), effective October 9, 1987;
section 4011 of the title XL of the Act of October 30, 1992 (Pub. L.
No. 102--575; 106 Stat. 4760), effective October 30, 1992; section 2
and 5(a)(7) of the Act of May 26, 2001 (Pub. L. No. 106--208; 114
Stat. 318 and 319), effective May 26, 2001; section 1(c) of the Act of
December 22, 2006 (Pub. L. No. 109--453; 120 Stat. 3367), effective
December 22, 2006]
§ 109. Acceptance and expenditure of privately donated funds by
the Secretary of the Interior
(a) In furtherance of the purposes of this Act, 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 section 101 of this
Act, so long as the project is owned by a State, any unit of local
government or any nonprofit entity.
(b) 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 section 102 of this
Act, but the recipient of such funds shall be permitted to utilize them
to match any grants from the Historic Preservation Fund established by
section 108 of this Act.
(c) 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
{{4-30-01 p.8822.17}}donor, and any funds so transferred shall
be used or expended in accordance with the provisions of this Act.
[Codified to 16 U.S.C. 470h--1]
[Source: Section 109 of title I of the Act of October 15, 1966
(Pub. L. No. 89--665; 80 Stat. 915), effective October 15, 1966, as
added by section 1 of the Act of May 19, 1980 (Pub. L. No. 96--244; 94
Stat. 346), effective May 19, 1980]
§ 110. Preservation of Federally-owned property
(a) Responsibilities of Federal agencies. (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 (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 101(g), any
preservation, as may be necessary to carry out this section.
(2) Each Federal agency shall establish (unless exempted pursuant
to section 214) in consultation with the Secretary, a preservation
program for the identification, evaluation, and nomination to the
National Register of Historic Places, and protection of historic
properties. Such program shall ensure--
(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 section 106 and gives special consideration to the
preservation of such values in the case of properties designated as
having National significance;
(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 section
106--
(i) are consistent with regulations issued by the Council
pursuant to section 211;
(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 section
3(c) of the Native American Grave Protection and Repatriation Act (25
U.S.C. 3002(c)).
(b) Records of altered or demolished property. 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 section 101(a) in the Library of
Congress or with such other appropriate agency as may be designated by
the Secretary, for future use and reference.
(c) Preservation officers. The head of each Federal agency
shall, unless exempted under section 214 designate a qualified official
to be known as the agency's preservation officer' who shall be
responsible for coordinating that agency's activities under this Act.
Each Preservation Officer may, in order to be considered qualified,
satisfactorily complete an appropriate training program established by
the Secretary under section 101(h).
{{4-30-01 p.8822.18}}
(d) Application to other Federal programs. 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 Act and,
give consideration to programs and projects which will further the
purposes of this Act.
(e) Review and approval of plans. 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) Minimization of harm to landmark; comment by Advisory Council.
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) Preservation costs. Each Federal agency may include the
costs of preservation activities of such agency under this Act 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 Act, and
reasonable costs may be charged to Federal licensees and permittees as
a condition to the issuance of such license or permit.
(h) 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 requirements. Nothing in
this Act 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, and nothing in this Act shall be construed to provide any
exemption from any requirement respecting the preparation of such a
statement under such Act.
(j) Waiver of requirements. 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) 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 section 106,
has intentionally significantly adversely affected a historic property
to which the grant would relate, or having legal power to prevent it,
allowed such significant adverse effect to occur, unless the agency,
after consultation with the Council, determines that circumstances
justify granting such assistance despite the adverse effect created or
permitted by the applicant.
(l) With respect to any undertaking
subject to section 106 which adversely affects any property included in
or eligible for inclusion in the National Register, and for which a
Federal agency has not entered into an agreement with the Council, the
head of such agency shall document any decision made pursuant to
section 106. The head of such agency may not delegate his or her
responsibilities pursuant to such section. Where a section 106
memorandum of agreement has been executed with respect to an
undertaking, such memorandum shall govern the undertaking and all of
its parts.
[Codified to 16 U.S.C. 470h--2]
[Source: Section 110 of title I of the Act of
October 15, 1966 (Pub. L. No. 89--665; 80 Stat. 915), effective October
15, 1966, as added by section 206 of title II of the Act of December
12, 1980 (Pub. L. No. 96--515; 94 Stat. 2296), effective December 12,
1980; amended by sections
{{4-30-01 p.8822.19}}4006(b) and 4012 of title XL of the Act of
October 30, 1992 (Pub. L. No. 102--575; 106 Stat. 4757 and 4760),
effective October 30, 1992; section 4 of the Act of May 26, 2000
(Pub. L. No. 106--208; 114 Stat. 318), effective May 26,
2000]
§ 111. Leases of federally-owned historic property; proceeds
from leases; management contracts
(a) 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) The proceeds of any lease under subsection (a) 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) 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.
[Codified to 16 U.S.C. 470h--3]
[Source: Section 111 of title I of the Act of October 15, 1966
(Pub. L. No. 89--665 effective October 15, 1966, as added by section
207 of title II of the Act of December 12, 1980 (Pub. L. No. 96--515;
94 Stat. 2997), effective December 12, 1980; amended by section 4013 of
title XL of the Act of October 30, 1992 (Pub. L. No. 102--575; 106
Stat. 4761), effective October 30,
1992]
SEC. 112 PROFESSIONAL STANDARDS.
(a) IN GENERAL.--Each Federal agency that is responsible
for the protection of historic resources, including archaeological
resources pursuant to this Act 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 Officer
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 the date of enactment of this Act 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.
{{4-30-01 p.8822.20}}
(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 Act 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 of 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 2 (3) and (9) of the Native American
Grave Protection and Repatriation Act (25 U.S.C. 3001 (3) and (9))) 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 3(a)(2) (B) or (C) of the Native
American Grave Protection and Repatriation Act (25 U.S.C. 3002(a)(2)
(B) and (C)), given notice to and consult with such Indian tribe or
Native Hawaiian organization.
[Codified to 16 U.S.C. 470--h4]
[Source: Section 112 of title I of the Act of October 16, 1966
(Pub. L. No. 89--665; 80 Stat. 915), effective October 15, 1966, as
added by section 4014 of title XL of the Act of October 30, 1992 (Publ.
L. No. 102--575; 106 Stat. 4761), effective October 30, 1992; as
amended by section 5(a)(9) of the Act of May 26, 2001 (Pub. L. No.
106--208; 114 Stat. 319), effective May 26,
2001]
SEC. 113. 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) 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 the date of
enactment of this section, the Secretary shall submit to Congress a
report detailing the Secretary's findings and recommendations from the
study described in subsection (a).
(d) AUTHORIZATION.--There are authorized to be
appropriated not more than $500,000 for the study described in
subsection (a), such sums to remain available until expended.
[Codified to 16 U.S.C. 470--h5]
[Source: Section 113 of title I of the Act of October 16,
1966 (Pub. L. No. 89--665; 80 Stat. 915), effective October 15, 1966,
as added by section 4015 of title XL of the Act of October 30, 1992
(Pub. L. No. 102--575; 106 Stat. 4762), effective October 30,
1992]
{{2-29-08 p.8822.21}}
§ 201. Advisory Council on Historic Preservation;
establishment; membership; term; vacancies; designation of Chairman and
Vice Chairman; quorum
(a) Establishment; composition. 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) Substitution. Each member of the Council specified in
paragraphs (2) through (8) (other than (6)) of subsection (a) 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. Each member of the Council appointed under paragraph
(1), and under paragraphs (9) through (11) of subsection (a) shall
serve for a term of four years from the expiration of his predecessor's
term; 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. 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
Act as in effect on the day before the enactment of the National
Historic Preservation Act Amendments of 1980 [enacted Dec. 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 the enactment of the National Historic Preservation Act
Amendments of 1980 [enacted Dec. 12, 1980].
(e) 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.
[Codified to 16 U.S.C. 470i]
[Source: Section 201 of title I of the Act of October 15,
1966 (Pub. L. No. 89--665; 80 Stat. 911), effective October 15, 1966,
as amended by section 1(b)--(e) of the Act of May 9, 1970 (Pub. L. No.
91--243; 84 Stat. 204), effective May 9, 1970; section 1(c) of the Act
of July 1, 1973 (Pub. L. No. 93--54; 87 Stat. 139), effective July 1,
1973; section 201(5) of title II of the Act of September 28, 1976 (Pub.
L. No. 94--422; 90 Stat. 1320), effective September 28, 1976; section
301(a)--(f) of title III of the Act of December 12, 1980 (Pub. L. No.
96--515; 94
{{2-29-08 p.8822.22}}Stat.
2998), effective December 12, 1980; sections 4016 and 4019(b) of title
XL of the Act of October 30, 1992 (Pub. L. No. 102--575; 106 Stat. 4763
and 4765), effective October 30, 1992; sections 509(c)(1) and (2) of
title V of the Act of November 12, 1996 (Pub. L. No. 104-333; 110 Stat.
4157), effective November 12, 1996; section 1(d) of the Act of December
22, 2006 (Pub. L. No. 109--453; 120 Stat. 3367), effective December
22, 2006]
§ 202. Functions of Council; annual report to President and
Congress; recommendations
(a) 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 Act; 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) 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 Act.
[Codified to 16 U.S.C. 470j]
[Source: Section 202 of title II of the Act of October 15, 1966
(Pub. L. No. 89--665; 80 Stat. 918), effective October 15, 1966, as
amended by section 301(g) of title III of the Act of December 12, 1980
(Pub. L. No. 96--515; 94 Stat. 2999), effective December 12,
1960]
§ 203. Cooperation between Council and instrumentalities of the
Executive Branch of the 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 title; 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.
[Codified to 16 U.S.C. 470k]
[Source: Section 203 of title II of the Act of October
15, 1966 (Pub. L. No. 89--665; 80 Stat. 918), effective October 15,
1966]
{{2-29-08 p.8822.23}}
§ 204. Compensation of members of Council
The members of the Council specified in paragraphs (2), (3), and (4)
of section 201(a) [16 USCS § 470i(a)(2), (3), and (4)] shall serve
without additional compensation. The other members of the Council shall
receive $100 per diem when engaged in the performance of the duties of
the Council. All members of the Council shall receive reimbursement for
necessary traveling and subsistence expenses incurred by them in the
performance of the duties of the Council.
[Codified to 16 U.S.C. 470l]
[Source: Section 204 of title II of the Act of October
15, 1966 (Pub. L. No. 89--665; 80 Stat. 918), effective October 15,
1966, as amended by section 1(f) of the Act of May 9, 1970 (Pub. L. No.
91--243; 84 Stat. 204), effective May 9, 1970; section 201(6) of title
II of the Act of September 28, 1976 (Pub. L. No. 94--422; 90 Stat.
1321), effective September 28, 1976; section 301(h) of title III of the
Act of December 12, 1980 (Pub. L. No. 96--515; 94 Stat. 2999),
effective December 12, 1980]
§ 205. 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 section 5332 of title 5, United
States Code: Provided, however, That the Executive Director,
with the concurrence of the Chairman, may appoint and fix the
compensation of not to exceed five employees in the competitive service
at rates not to exceed that now or hereafter prescribed for the highest
rate of grade 17 of the General Schedule under section 5332 of title 5,
United States Code.
(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
the Classification Act of 1949.
(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 section 3109 of title 5,
United States Code.
(f) 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 (5 U.S.C. 5514(b)) shall
apply to the collection of erroneous payments made to or on behalf of a
Council employee and regulations of that agency for the administrative
control of funds (31 U.S.C. 1513(d), 1514) shall apply to
appropriations of the Council. The Council shall not be required to
prescribe such regulations.
{{2-29-08 p.8822.24}}
(g) 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 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 Act.
[Codified to 16 U.S.C. 470m]
[Source: Section 205 of title II of the Act of October
15, 1966 (Pub. L. No. 89--665; 80 Stat. 919), effective October 15,
1966, as amended by section 1(g) of the Act of May 9, 1970 (Pub. L. No.
91--243; 84 Stat. 204), effective May 9, 1970; section 201(7) of title
II of the Act of September 28, 1976 (Pub. L. No. 94--422; 90 Stat.
1321), effective September 28, 1976; section 301(i) and (j) of title
III of the Act of December 12, 1980 (Pub. L. No. 96--515; 94 Stat.
2999), effective December 12, 1980; section 509(c) of title V of the
Act of November 12, 1996 (Pub. L. No. 104-333; 110 Stat. 4158),
effective November 12, 1996; section 109 of title I of the Act of March
10, 2000 (Pub. L. No. 106--176; 114 Stat. 26), effective March 10,
2000; section 1(e) of the Act of December 22, 2006 (Pub. L. No.
109--453; 120 Stat. 3367), effective December 22,
2006]
§ 206. International Centre for Study of
Preservation and Restoration of Cultural Property; United States
participation; Council recommendations; Authorization of appropriations
(a) 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) 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) 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.
[Codified to 16 U.S.C. 470n]
[Source: Section 206 of title II of the Act of October
15, 1966 (Pub. L. No. 89--665), effective October 15, 1966, as added by
section 2 of the Act of May 9, 1970 (Pub. L. No. 91--243; 84 Stat.
204), effective May 9, 1970; section 1(b) of the Act of July 1, 1973
(Pub. L. No. 93--54; 87 Stat. 139), effective July 1, 1973; section
201(8) of title II of the Act of September 28, 1976 (Pub. L. No.
94--422; 90 Stat. 1322), effective September 28, 1976; section 114 of
title I of the Act of March 5, 1980 (Pub. L. No. 96--199; 94 Stat. 71),
effective March 5, 1980]
{{2-29-08 p.8822.25}}
§ 207. Transfer of personnel, property, etc., by Department of
Interior to Council; time limit
So much of the personnel, property, records, and unexpended balances
of appropriations, allocations, and other funds employed, held, used,
programmed, 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 [enacted Sept. 28, 1976].
[Codified to 16 U.S.C. 470o]
[Source: Section 207 of title II of the Act of October
15, 1966 (Pub. L. No. 89--665), effective October 15, 1966, as added by
section 201(9) of title II of the Act of September 28, 1976 (Pub. L.
No. 94--422; 90 Stat. 1322), effective September 28,
1976]
§ 208. 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.
[Codified to 16 U.S.C. 470p]
[Source: Section 208 of title II of the Act of October
15, 1966 (Pub. L. No. 89--665), effective October 15, 1966, as added by
section 201(9) of title II of the Act of September 28, 1976 (Pub. L.
No. 94--422; 90 Stat. 1322), effective September 28,
1976]
§ 209. Operations of Council; exemption
The Council is exempt from the provisions of the Federal Advisory
Committee Act (86 Stat. 770), and the provisions of the Administrative
Procedure Act (80 Stat. 381) shall govern the operations of the
Council.
[Codified to 16 U.S.C. 470q]
[Source: Section 209 of title II of the Act of October
15, 1966 (Pub. L. No. 89--665), effective October 15, 1966, as added by
section 201(9) of title II of the Act of September 28, 1976 (Pub. L.
No. 94--422; 90 Stat. 1322), effective September 28,
1976]
§ 210. Transmittal of legislative recommendations, or
testimony, or comments to President, Office of Management and Budget,
and congressional committees; 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.
[Codified to 16 U.S.C. 470r]
[Source: Section 210 of title II of the Act of October
15, 1966 (Pub. L. No. 89--665), effective October 15, 1966, as added by
section 201(9) of title II of the Act of September 28, 1976 (Pub. L.
No. 94--422; 90 Stat. 1322), effective September 28, 1976; section
301(k) of title III of the Act of December 12, 1980 (Pub. L. No.
96--515; 94 Stat. 2999), effective December 12,
1980]
§ 211. Rules and regulations
The Council is authorized to promulgate such rules and regulations
as it deems necessary to govern the implementation of section 106 of
this Act in its entirety. The Council shall, by regulation, establish
such procedures as may be necessary to provide for participation
by
{{2-29-08 p.8822.26}}local
governments in proceedings and other actions taken by the Council with
respect to undertakings referred to in section 106 [16 USCS § 470f]
which affect such local governments.
[Codified to 16 U.S.C. 470s]
[Source: Section 211 of title II of the Act of
October 15, 1966 (Pub. L. No. 89--665), effective October 15, 1966, as
added by section 201(a) of title II of the Act of September 28, 1976
(Pub. L. No. 94--422; 90 Stat. 1322), effective September 28, 1976, as
amended by section 301(1) of title III of the Act of December 12, 1980
(Pub. L. No. 96--515; 94 Stat. 2999), effective December 12, 1980;
section 4018 of title XL of the Act of October 30, 1992 (Pub. L. No.
102--575; 106 Stat. 4763), effective October 30,
1992]
§ 212. Budget; authorization of appropriations
(a) 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 title.
(b) 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.
[Codified to 16 U.S.C. 470t]
[Source: Section 212 of title II of the Act of October 15, 1966
(Pub. L. No. 89--665), effective October 15, 1966, as added by section
201(9) of title II of the Act of September 28, 1976 (Pub. L. No.
94--422; 90 Stat. 1323), effective September 28, 1976, as amended by
section 614 of title VI of the Act of November 10, 1978 (Pub. L. No.
95--625; 92 Stat. 3521), effective November 10, 1978; section 608(a)(3)
of title VI of the Act of March 12, 1980 (Pub. L. No. 96--205; 94 Stat.
92), effective March 12, 1980; section 2 of the Act of May 19, 1980
(Pub. L. No. 96--244; 94 Stat. 346), effective May 19, 1980; section
302(b) of title III of the Act of December 12, 1980 (Pub. L. No.
96--515; 94 Stat. 3000), effective December 12, 1980; section 1 of the
Act of October 17, 1984 (Pub. L. No. 98--483; 98 Stat. 2258), effective
October 17, 1984; section 1 of the Act of August 3, 1989 (Pub. L. No.
101--70; 103 Stat. 180), effective August 3, 1989; section 4017 of
title XL of the Act of October 30, 1992 (Pub. L. No. 102--575; 106
Stat. 4763), effective October 30, 1992; section 6(d)(29) of the Act of
November 2, 1994 (Pub. L. No. 103--437; 108 Stat. 4584), effective
November 2, 1994; section 509(a) of title V of the Act of November 12,
1996 (Pub. L. No. 104-333; 110 Stat. 4157), effective November 12,
1996; section 3 of the Act of May 26, 2000 (Pub. L. No. 106--208; 114
Stat. 318), effective May 26, 2000; section 1(f) of the Act of December
22, 2006 (Pub. L. No. 109--453; 120 Stat. 3368), effective December
22, 2006]
§ 213. Report by Secretary to Council
To assist the Council in discharging its responsibilities under this
Act, 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.
[Codified to 16 U.S.C. 470u]
[Source: Section 213 of title II of the Act of October 15, 1966,
(Pub. L. No. 89--665), effective October 15, 1966, as added by section
302(a) of title III of the Act of December 12, 1980 (Pub. L. No.
96--515; 94 Stat. 3000), effective December 12,
1980]
§ 214. Exempted Federal programs or undertakings
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 Act when such exemption is determined to be
{{2-29-08 p.8822.27}}consistent with the purposes of this Act,
taking into consideration the magnitude of the exempted undertaking or
program and the likelihood of impairment of historic properties.
[Codified to 16 U.S.C. 470v]
[Source: Section 214 of title II of the Act of October
15, 1966 (Pub. L. No. 89--655), effective October 15, 1966, as added by
section 302(a) of title III of the Act of December 12, 1980 (Pub. L.
No. 96--515; 94 Stat. 3000), effective December 12,
1980]
§ 215. 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
Act.
[Codified to 16 U.S.C. 470v-1]
[Source: Section 215 of title II of the Act of October 15, 1966
(Pub. L. No. 89--655), effective October 15, 1966, as added by section
509(c) of Title V of the Act of November 12, 1996 (Pub. L. No. 104-333;
110 Stat. 4157), effective November 12, 1996]
§ 216. 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 Act. Such cooperative agreements may include provisions that
modify the selection criteria for a grant or assistance program to
further the purposes of this Act 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 Act;
(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 Act 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 Act, including recommendations with
regard to appropriate funding levels.
[Codified to 16 U.S.C. 470v-2]
[Source: Section 216 of title II of the Act of October 15, 1966
(Pub. L. No. 89--655), effective October 15, 1966, as added by section
1(g) of the Act of December 22, 2006 (Pub. L. No. 109--453; 120 Stat.
3368), effective December 22, 2006]
§ 301. Definitions
As used in this Act, the term--
(1) "Agency" means agency as such term is defined in
section 551 of title 5, United States Code.
(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 section 3 of the Alaska Native Claims Settleme
|
