Public Law 102-575, National Historic Preservation Act of 1966

National Historic Preservation Act of 1966 (16USC470)

National Historic Preservation Act of 1966
as amended through 1992
Public Law 102-575

AN ACT to Establish a Program for the Preservation of Additional Historic Properties
throughout the Nation, and for Other Purposes, Approved October 15, 1966 (Public Law
89-665; 80 STAT.915; 16 U.S.C. 470) as amended by Public Law 91-243, Public Law 9354, Public Law 94-422, Public Law 94-458, Public Law 96-199, Public Law 96-244, Public
Law 96-515, Public Law 98-483, Public Law 99-514, Public Law 100-127, and Public Law
102-575).
Italics indicates new text.
Strikeout indicates text removed.

Section 1 (16 U.S.C. 470)
(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;

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National Historic Preservation Act of 1966 (16USC470)

(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.

Section 2 (16 U.S.C. 470-1)
It shall be the policy of the Federal Government, in cooperation with other nations and in
partnership with the States, local governments, Indian tribes, and private organizations
and individuals to(1) use measures, including financial and technical assistance, to foster
conditions under which our modern society and our prehistoric and
historic resources can exist in productive harmony and fulfill the social,
economic, and other requirements of present and future generations;
(2) provide leadership in the preservation of the prehistoric and historic
resources of the United States and of the international community of
nations and in the administration of the national preservation program
in partnership with States, Indian tribes, Native Hawaiians, and local
governments;
(3) administer federally owned, administered, or controlled prehistoric
and historic resources in a spirit of stewardship for the inspiration and
benefit of present and future generations;

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National Historic Preservation Act of 1966 (16USC470)

(4) contribute to the preservation of nonfederally owned prehistoric and
historic resources and give maximum encouragement to organizations
and individuals undertaking preservation by private means;
(5) encourage the public and private preservation and utilization of all
usable elements of the Nation's historic built environment; and
(6) assist State and local governments, Indian tribes and Native
Hawaiian organizations and the National Trust for Historic Preservation
in the United States to expand and accelerate their historic preservation
programs and activities.

TITLE I
Section 101 (16 U.S.C. 470a)
(a) (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, archaeology, 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 enactment of the National Historic Preservation Act
Amendments of 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 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 and submitted to the Committee
on Energy and Natural Resources of the United States Senate and
to the Committee on Interior and Insular Affairs of the United
States House of Representatives.

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National Historic Preservation Act of 1966 (16USC470)

(2) The Secretary in consultation with national historic 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, nomination,
removals, and designations (or any failure or refusal by a
nominating authority to nominate or designate);
(D) nominating historic properties for inclusion in the World
Heritage List in accordance with the terms of the Convention
concerning the Protection of the World Cultural and Natural
Heritage;
(E) making determinations of eligibility of properties for inclusion
on the National Register; and
(F) notifying the owner of a property, and 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.
Section 101(a), continued
(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

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National Historic Preservation Act of 1966 (16USC470)

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 determinations shall be made within ninety
days from the date of 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

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Section 101(a), continued
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 historic 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.
(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) (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

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(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
Section 101(b), continued
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
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National Historic Preservation Act of 1966 (16USC470)

governments, and private organizations and individuals, direct
and conduct a comprehensive statewide survey of historic
properties and maintain inventories of such properties;
(B) identify and nominate eligible properties to the National
Register and otherwise administer applications for listing historic
properties on the National Register;
(C) prepare and implement a comprehensive statewide historic
preservation plan;
(D) administer the State program of Federal assistance for
historic preservation within the State;
(E) advise and assist, as appropriate, Federal and State agencies
and local governments in carrying out their historic preservation
responsibilities;
(F) cooperate with the Secretary, the Advisory Council on Historic
Preservation, and other Federal and State agencies, local
governments, and organizations and individuals to ensure that
historic properties are taken into consideration at all levels of
planning and development;
(G) provide public information, education and training, and
technical assistance in historic preservation;
(H) cooperate with local governments in the development of local
historic preservation programs and assist local governments in
becoming certified pursuant to subsection (c);
(I) consult with the appropriate Federal agencies 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 to reduce or
mitigate harm to such properties; and
Section 101(b), continued
(J) advise and assist in the evaluation of proposals for
rehabilitation projects that may qualify for Federal assistance.
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National Historic Preservation Act of 1966 (16USC470)

(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-

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National Historic Preservation Act of 1966 (16USC470)

(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.
(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.
Section 101(b), continued
(D) Nothing in this subsection shall have the effect of diminishing
the preservation programs and activities of the National Park
Service.
(c) (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
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(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

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National Historic Preservation Act of 1966 (16USC470)

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
Section 101(c), continued
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
provision 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
(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 establish a program and
promulgate regulations to assist Indian tribes in preserving their
particular historic properties. The Secretary shall foster
communication and cooperation between Indian tribes and State
Historic Preservation Officers in the administration of the national
historic preservation program to ensure that all types of historic
properties and all public interests in such properties are given
due consideration, and to encourage coordination among Indian
tribes, State Historic Preservation Officers, and Federal agencies
in historic preservation planning and in the identification,
evaluation, protection, and interpretation of historic properties.
(B) The program under subparagraph (A) shall be developed in
such a manner as to ensure that tribal values are taken into
account to the extent feasible. The Secretary may waive or
modify requirements of this section to conform to the cultural
setting of tribal heritage preservation goals and objectives. The
tribal programs implemented by specific tribal organizations may
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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;
Section 101(d), continued
(D) the Secretary determines, after consultation 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;
(iii) that the plan provides, with respect to properties
neither owned by a member of the tribe nor held in
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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(A) the Secretary and the tribe agree on additional financial
assistance, if any, to the tribe for the costs of carrying out such
authorities;
(B) the Secretary finds that the tribal historic preservation
program has been demonstrated to be sufficient to carry out the
contract or cooperative agreement and this Act; and
(C) the contract or cooperative agreement specifies the
continuing responsibilities of the Secretary or of the appropriate
State Historic Preservation Officers and provides for appropriate
participation by(i) the tribe's traditional cultural authorities;
(ii) representatives of other tribes whose traditional
lands are under the jurisdiction of the tribe assuming
responsibilities; and
(iii) the interested public.

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(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.
Section 101(d), continued
(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) (1) The Secretary shall administer a program of matching grants to
the States for the purposes of carrying out this Act.

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(2) The Secretary shall administer a program of matching grants-in-aid
to the National Trust for Historic Preservation in the United States,
chartered by Act of Congress approved October 26, 1949 (63 Stat.
947), for the purposes of carrying out the responsibilities of the
National Trust.
(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,
Section 101(e), continued
(iv) to assist persons or small businesses within any
historic district included in the National Register to
remain within the district.
(B) The Secretary may also, in consultation with the appropriate
State Historic Preservation Officer, make grants or loans or both
under this section to Indian tribes and to nonprofit organizations
representing ethnic or minority groups for the preservation of
their cultural heritage.
(C) Grants may be made under subparagraph (A)(i) and (iv) only
to the extent that the project cannot be carried out in as effective
a manner through the use of an insured loan under section 104.
(4) Grants may be made under this subsection for the preservation,

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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 a 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.

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National Historic Preservation Act of 1966 (16USC470)

Section 101, continued
(f) No part of any grant made under this section may be used to compensate any person
intervening in any proceeding under this Act.
(g) 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) Within one year after the date of enactment of the National Historic Preservation Act
Amendments of 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) The Secretary shall develop and make available to Federal agencies, State and local
governments, private organizations and individuals, and other nations and international
organizations pursuant to the World Heritage Convention, training in, and information
concerning professional methods and techniques for the preservation of historic properties
and for the administration of the historic preservation program at the Federal, State, and
local level. The Secretary shall also develop mechanisms to provide information
concerning historic preservation to the general public including students.
(j) (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;
(D) coordination of the following activities, where appropriate,
with the National Center for Preservation Technology and
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National Historic Preservation Act of 1966 (16USC470)

(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.

(Section 102 16 U.S.C. 470b)
(a) No grant may be made under this Act(1) unless application therefore 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 costs 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.
Except as permitted by other law, the State share of the costs referred to in paragraph
(3) shall be contributed by non-Federal sources.
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National Historic Preservation Act of 1966 (16USC470)

Notwithstanding any other provision of law, no grant made pursuant to this Act shall be
treated as taxable income for purposes of the Internal Revenue Code of 1986.
(b) 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) No State shall be permitted to utilize the value of real property obtained before the
date of approval of this Act in meeting the remaining cost of a project for which a grant is
made under this Act.
(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.

Section 102(d), continued
(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).

Section 103 (16 U.S.C. 470c)
(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
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National Historic Preservation Act of 1966 (16USC470)

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.

Section 104 (16 U.S.C. 470d)
(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 ifSection 104(b), continued
(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

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National Historic Preservation Act of 1966 (16USC470)

(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 subsection (g) and (i) of this
section, as in effect on the date of the enactment of the 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
Section 104(g), continued
Council on Historic Preservation, determines that there is no feasible
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National Historic Preservation Act of 1966 (16USC470)

and prudent means to convey such property and to ensure its
continued preservation and use, then the Secretary may convey the
property at the fair market value of its interest in such property to any
entity without restriction.
(2) Any funds obtained by the Secretary in connection with the
conveyance of any property pursuant to paragraph (1) shall be covered
into the historic preservation fund, in addition to the amounts covered
into such fund pursuant to 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 the 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.

Section 105 (16 U.S.C. 470e)
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.

Section 106 (16 U.S.C. 470f)
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
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National Historic Preservation Act of 1966 (16USC470)

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.

Section 107 (16 U.S.C. 470g)
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.

Section 108 (16 U.S.C. 470h-2)
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, $150,000,000 for fiscal year 1981, and $150,000,000 for each of fiscal
years 1982 through 1997, 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. 338) 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 our 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.

Section 109 (16 U.S.C. 470h-1)
(a) In furtherance of the purposes of sections 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
Section 109(b), continued

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National Historic Preservation Act of 1966 (16USC470)

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 purposes of the National Park Service, with the consent of the donor,
and any funds so transferred shall be used or expended in accordance with the provisions
of this Act.

Section 110 (16 U.S.C. 470h-2)
(a) (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. 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
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National Historic Preservation Act of 1966 (16USC470)

out in consultation with other Federal, State, and local agencies,
Indian tribes, Native Hawaiian
Section 110(a), continued
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) 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) 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).
(d) Consistent with the agency's mission 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

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National Historic Preservation Act of 1966 (16USC470)

the purposes of this Act and, give consideration to programs and projects which will
further the purposes of this Act.
(e) 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) 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) 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
Section 110(g), continued
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) The Secretary shall establish an annual preservation awards program under which he
may make monetary awards in amounts not to exceed $1,000 and provide citations for
special achievements 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) 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 is this Act shall be construed to
provide any exemption from any requirement respecting the preparation of such a
statement under such Act.
(j) 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

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National Historic Preservation Act of 1966 (16USC470)

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.

Section 111 (16 U.S.C. 470h-3)
(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
Section 111(a), continued
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 historic property.

Section 112

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National Historic Preservation Act of 1966 (16USC470)

(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
Office of Personnel Management in consultation with the
Secretary and appropriate professional societies of the disciplines
involved. The Office of Personnel Management shall revise
qualification standards within 2 years after 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.
(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
Section 112(b), continued
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 on the tax and
grant assistance available for the donation of the resources or of a
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National Historic Preservation Act of 1966 (16USC470)

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.

Section 113
(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
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National Historic Preservation Act of 1966 (16USC470)

Secretary shall submit to Congress a report detailing the Secretary's findings and
recommendations from the study described in subsection (a).
Section 113, continued
(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.

TITLE II
Section 201 (16 U.S.C. 470i)
(a) 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 four other agencies of
the United States (other than the Department of the Interior), the
activities of which affect historic preservation, appointed 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, archaeology, and
other appropriate disciplines;

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National Historic Preservation Act of 1966 (16USC470)

(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) Each member of the Council specified in paragraphs (2) through (8) (other than (5)
and (6)) 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) Each member of the Council appointed under paragraph (1), and under paragraphs (9)
and (10) of subsection (a) shall serve for a term of four years from the expiration of his
predecessor's term; except that the members first appointed under that paragraph shall
serve for terms of one to four years, as designated by the President at the time of
appointment, in such manner as to insure that the terms of not more than two of them
will expire in any one year. The members appointed under paragraphs (5) and (6) shall
serve for the term of their elected office but not in excess of four years. An appointed
member whose term has expired shall serve until that member's successor has been
appointed.
Section 201, continued
(d) 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 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.
(e) The President shall designate a Vice Chairman, from the members appointed under
paragraphs (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) Nine members of the Council shall constitute a quorum.

Section 202 (16 U.S.C. 470j)
(a) The Council shall-

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National Historic Preservation Act of 1966 (16USC470)

(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
Section 202(b), continued
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.

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Section 203 (16 U.S.C. 470k)
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 or instrumentality is authorized to furnish
such information, suggestions, estimates, and statistics to the extent permitted by law
and within available funds.

Section 204 (16 U.S.C. 470l)
The members of the Council specified in paragraphs (2),(3), and (4) of section 201 (a)
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.

Section 205 (16 U.S.C. 470m)
(a) 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) 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) 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.
Section 205, continued

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National Historic Preservation Act of 1966 (16USC470)

(d) 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) 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, 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 Secretary of the Interior; Provided, That the regulations
of the Department of the Interior for the collection of indebtedness of personnel resulting
from erroneous payments (5 U.S.C. 46e) shall apply to the collection of erroneous
payments made to or on behalf of a Council employee, and regulations of said Secretary
for the administrative control of funds (31 U.S.C. 665 (g)) shall apply to appropriations of
the Council: And provided further, That the Council shall not be required to prescribe such
regulations.
(g) The members of the Council specified in paragraphs (2) through (4) of section 201(a)
shall provide the Council, with or without reimbursement as may be agreed upon by the
Chairman and the members, with such funds, personnel, facilities, and services under
their 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. 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.

Section 206 (16 U.S.C. 470n)
(a) The participation of the United States as a member of 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.
Section 206, continued

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National Historic Preservation Act of 1966 (16USC470)

(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 assessment shall begin in fiscal year
1981, but shall include earlier costs.

Section 207 (16 U.S.C. 470o)
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.

Section 208 (16 U.S.C. 470p)
Any employee in the competitive service of the United States transferred to the Council
under the provisions of this section shall retain all rights, benefits, and privileges
pertaining thereto held prior to such transfer.

Section 209 (16 U.S.C. 470q)
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.

Section 210 (16 U.S.C. 470r)
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.

Section 211 (16 U.S.C. 470s)
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 local governments in proceedings and other actions taken by the Council with respect
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National Historic Preservation Act of 1966 (16USC470)

to undertakings referred to in section 106 which affect such local governments.

Section 212 (16 U.S.C. 470t)
(a) The Council shall submit its budget annually as a related agency of the Department of
the Interior. To carry out the provisions of this title, there is authorized to be appropriated
not more than $2,500,000 for each of the fiscal years 1985 through 1989. There are
authorized to be appropriated for purposes of this title not to exceed $5,000,000 for each
of the fiscal years 1993 through 1996.
(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 Interior and Insular Affairs and the Senate committee on Energy and Natural
Resources.

Section 213 (16 U.S.C. 470u)
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.

Section 214 (16 U.S.C. 470v)
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 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.

TITLE III
Section 301 (16 U.S.C. 470w)
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,

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National Historic Preservation Act of 1966 (16USC470)

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 Settlement Act
(43 U.S.C. 1602), which is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians.
(5) "Historic property" or "historic resource" means any prehistoric or
historic district, site, building, structure, or object included in, or eligible
for inclusion on the National Register, including artifacts, records, and
material remains related to such a property or resource.
(6) "National Register" or "Register" means the National Register of
Historic Places established under section 101.
(7) "Undertaking" means a project, activity, or program funded in
whole or in part under the direct or indirect jurisdiction of a Federal
agency, including(A) those carried out by or on behalf of the agency;
(B) those carried out with Federal financial assistance;
(C) those requiring a Federal permit, license, or approval; and
(D) those subject to State or local regulation administered
pursuant to a delegation or approval by a Federal agency.
Section 301, continued
(8) "Preservation" or "historic preservation" includes identification,
evaluation, recordation, documentation, curation, acquisition,
protection, management, rehabilitation, restoration, stabilization,
maintenance, research, interpretation, conservation, and education and
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National Historic Preservation Act of 1966 (16USC470)

training regarding the foregoing activities or any combination of the
foregoing activities.
(9) "Cultural park" means a definable area which is distinguished by
historic resources and land related to such resources and which
constitutes an interpretive, educational, and recreational resource for
the public at large.
(10) "Historic conservation district" means an area which contains(A) historic properties,
(B) buildings having similar or related architectural characteristics,
(C) cultural cohesiveness, or
(D) any combination of the foregoing.
(11) "Secretary" means the Secretary of the Interior acting through the
Director of the National Park Service except where otherwise specified.
(12) "State Historic Preservation Review Board" means a board,
council, commission, or other similar collegial body established as
provided in section 101 (b)(1)(B)(A) the members of which are appointed by the State Historic
Preservation Officer (unless otherwise provided for by State law),
(B) a majority of the members of which are professionals
qualified in the following and related disciplines: history,
prehistoric and historic archaeology, architectural history,
architecture, folklore, cultural anthropology, curation,
conservation, and landscape architecture; and
(C) which has the authority to(i) review National Register nominations and appeals
from nominations;
(ii) review appropriate documentation submitted in
conjunction with the Historic Preservation Fund;
(iii) provide general advice and guidance to the State
Historic Preservation Officer, and
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National Historic Preservation Act of 1966 (16USC470)

(iv) perform such other duties as may be appropriate.
(13) "Historic preservation review commission" means a board, council,
commission, or other similar collegial body which is established by
State or local legislation as provided in section 101 (c)(1)(B), and the
members of which are appointed, unless otherwise provided by State or
local legislation, by the chief elected official of the jurisdiction
concerned from among(A) professionals in the disciplines of architecture, history,
architectural history, planning, prehistoric and historic
archaeology, folklore, cultural anthropology, curation,
conservation, and landscape architecture or related disciplines, to
the extent such professionals are available in the community
concerned, and
Section 301, continued
(B) such other persons as have demonstrated special interest,
experience, or knowledge in history, architecture, or related
disciplines and as will provide for an adequate and qualified
commission.
(14) "Tribal lands" means(A) all lands within the exterior boundaries of any Indian
reservation; and
(B) all dependent Indian communities.
(15) "Certified local government" means a local government whose
local historic preservation program has been certified pursuant to
section 101(c).
(16) "Council" means the Advisory Council on Historic Preservation
established by section 201.
(17) "Native Hawaiian" means any individual who is a descendant of the
aboriginal people who, prior to 1778, occupied and exercised
sovereignty in the area that now constitutes the State of Hawaii.
(18) "Native Hawaiian organization" means any organization which(A) serves and represents the interests of Native Hawaiians;
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National Historic Preservation Act of 1966 (16USC470)

(B) has as a primary and stated purpose the provision of services
to Native Hawaiians; and
(C) has demonstrated expertise in aspects of historic preservation
that are culturally significant to Native Hawaiians.
The term includes, but is not limited to, the Office of Hawaiian Affairs of
the State of Hawaii and Hui Malama I Na Kapuna O Hawai'i Nei, an
organization incorporated under the laws of the State of Hawaii.

Section 302 (16 U.S.C. 470w-1)
Where appropriate, each Federal agency is authorized to expend funds appropriated for its
authorized programs for the purposes of activities carried out pursuant to this Act, except
to the extent appropriations legislation expressly provides otherwise.

Section 303 (16 U.S.C. 470w-2)
(a) The Secretary is authorized to accept donations and bequests of money and personal
property for the purposes of this Act and shall hold, use, expend, and administer the
same for such purposes.
(b) The Secretary is authorized to accept gifts or donations of less than fee interests in
any historic property where the acceptance of such interests will facilitate the
conservation or preservation of such properties. Nothing in this section or in any provision
of this Act shall be construed to affect or impair any other authority of the Secretary
under other provision of law to accept or acquire any property for conservation or
preservation or for any other purpose.

Section 304 (16 U.S.C. 4702-3)

(a) Authority to Withhold from Disclosure.-The head of a Federal agency or other public
official receiving grant assistance pursuant to this Act, after consultation with the
Secretary, shall withhold from disclosure to the public, information about the location,
character, or ownership of a historic resource if the Secretary and the agency determine
that disclosure may(1) cause a significant invasion of privacy;

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National Historic Preservation Act of 1966 (16USC470)

(2) risk harm to the historic resource; or
(3) impede the use of a traditional religious site by practitioners.
(b) Access Determination.-When the head of a Federal agency or other public official has
determined that information should be withheld from the public pursuant to subsection
(a), the Secretary, in consultation with such Federal agency head or official, shall
determine who may have access to the information for the purpose of carrying out this
Act.
(c) Consultation with Council.-When the information in question has been developed in
the course of an agency's compliance with section 106 or 110(f), the Secretary shall
consult with the Council in reaching determinations under subsections (a) and (b).

Section 305 (16 U.S.C. 470w-4)
In any civil action brought in any United States district court by any interested person to
enforce the provisions of this Act, if such person substantially prevails in such action, the
court may award attorneys' fees, expert witness fees, and other costs of participating in
such action, as the court deems reasonable.

Section 306 (16 U.S.C. 470w-5)
(a) In order to provide a national center to commemorate and encourage the building arts
and to preserve and maintain a nationally significant building which exemplifies the great
achievements of the building arts in the United States, the Secretary and the
Administrator of the General Services Administration are authorized and directed to enter
into a cooperative agreement with the Committee for a National Museum of the Building
Arts, Incorporated, a nonprofit corporation organized and existing under the laws of the
District of Columbia, or its successor, for the operation of a National Museum for the
Building Arts in the Federal Building located in the block bounded by Fourth Street, Fifth
Street, F Street, and G Street, Northwest in Washington, District of Columbia. Such
museum shallSection 306(a), continued
(1) collect and disseminate information concerning the building arts,
including the establishment of a national reference center for current
and historic documents, publications, and research relating to the
building arts;
(2) foster educational programs relating to the history, practice and
contribution to society of the building arts, including promotion of
imaginative educational approaches to enhance understanding and
appreciation of all facets of the building arts;
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National Historic Preservation Act of 1966 (16USC470)

(3) publicly display temporary and permanent exhibits illustrating,
interpreting and demonstrating the building arts;
(4) sponsor or conduct research and study into the history of the
building arts and their role in shaping our civilization; and
(5) encourage contributions to the building arts.
(b) The cooperative agreement referred to in subsection (a) shall include provisions which(1) make the site available to the Committee referred to in subsection
(a) without charge;
(2) provide, subject to available appropriations, such maintenance,
security, information, janitorial and other services as may be necessary
to assure the preservation and operation of the site; and
(3) prescribe reasonable terms and conditions by which the Committee
can fulfill its responsibilities under this Act.
(c) The Secretary is authorized and directed to provide matching grants-in-aid to the
Committee referred to in subsection (a) for its programs related to historic preservation.
The Committee shall match such grants-in-aid in a manner and with such funds and
services as shall be satisfactory to the Secretary, except that no more than $500,000 may
be provided to the Committee in any one fiscal year.
(d) The renovation of the site shall be carried out by the Administrator with the advice of
the Secretary. Such renovation shall, as far as practicable(1) be commenced immediately,
(2) preserve, enhance, and restore the distinctive and historically
authentic architectural character of the site consistent with the needs of
a national museum of the building arts and other compatible use, and
(3) retain the availability of the central court of the building, or portions
thereof, for appropriate public activities.
(e) The Committee shall submit an annual report to the Secretary and the Administrator
concerning its activities under this section and shall provide the Secretary and the
Administrator with such other information as the Secretary may, from time to time, deem
necessary or advisable.
(f) For purposes of this section, the term "building arts" includes, but shall not be limited
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National Historic Preservation Act of 1966 (16USC470)

to, all practical and scholarly aspects of prehistoric, historic, and contemporary
architecture, archaeology, construction, building technology and skills, landscape
architecture, preservation and conservation,
Section 306(f), continued
building and construction, engineering, urban and community design and renewal, city
and regional planning, and related professions, skills, trades and crafts.

Section 307 (16 U.S.C. 470w-6)
(a) At least thirty days prior to publishing in the Federal Register any proposed regulation
required by this Act, the Secretary shall transmit a copy of the regulation to the
Committee on Interior and Insular Affairs of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate. The Secretary also shall
transmit to such committees a copy of any final regulation prior to its publication in the
Federal Register. Except as provided in subsection (b) of this section, no final regulation
of the Secretary shall become effective prior to the expiration of thirty calendar days after
it is published in the Federal Register during which either or both Houses of Congress are
in session.
(b) In the case of an emergency, a final regulation of the Secretary may become effective
without regard to the last sentence of subsection (a) if the Secretary notified in writing
the Committee on Interior and Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural Resources of the United States
Senate setting forth the reasons why it is necessary to make the regulation effective prior
to the expiration of the thirty-day period.
(c) Except as provided in subsection (b), the regulation shall not become effective if,
within ninety calendar days of continuous session of Congress after the date of
promulgation, both Houses of Congress adopt a concurrent resolution, the matter after
the resolving clause of which is as follows: "That Congress disapproves the regulation
promulgated by the Secretary dealing with the matter of_______, which regulation was
transmitted to Congress on_______," the blank spaces therein being appropriately filled.
(d) If at the end of sixty calendar days of continuous session of Congress after the date of
promulgation of a regulation, no committee of either House of Congress has reported or
been discharged from further consideration of a concurrent resolution disapproving the
regulation, and neither House has adopted such a resolution, the regulation may go into
effect immediately. If, within such sixty calendar days, such a committee has reported or
been discharged form further consideration of such a resolution, the regulation may go
into effect not sooner than ninety calendar days of continuous session of Congress after
its promulgation unless disapproved as provided for.
(e) For the purposes of this section-

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National Historic Preservation Act of 1966 (16USC470)

(1) continuity of session is broken only by an adjournment sine die; and
(2) the days on which either House is not in session because of an
adjournment of more than three days to a day certain are excluded in
the computation of sixty and ninety calendar days of continuous session
of Congress.
(f) Congressional inaction on or rejection of a resolution of disapproval shall not be
deemed an expression of approval of such regulation.

TITLE IV
Section 401
The Congress finds and declares that, given the complexity of technical problems
encountered in preserving historic properties and the lack of adequate distribution of
technical information to preserve such properties, a national initiative to coordinate and
promote research, distribute information, and provide training about preservation skills
and technologies would be beneficial.

Section 402
For the purposes of this title(1) The term "Board" means the National Preservation Technology and
Training Board established pursuant to section 404.
(2) The term "Center" means the National Center for Preservation
Technology and Training established pursuant to section 403.
(3) The term "Secretary" means the Secretary of the Interior.

Section 403
(a) Establishment.-There is hereby established within the Department of the Interior a
National Center for Preservation Technology and Training. The Center shall be located at
Northwestern State University of Louisiana in Nachitoches, Louisiana.
(b) Purposes.-The purposes of the Center shall be to(1) develop and distribute preservation and conservation skills and
technologies for the identification, evaluation, conservation, and
interpretation of prehistoric and historic resources;

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National Historic Preservation Act of 1966 (16USC470)

(2) develop and facilitate training for Federal, State and local resource
preservation professionals, cultural resource managers, maintenance
personnel, and others working in the preservation field;
(3) take steps to apply preservation technology benefits from ongoing
research by other agencies and institutions;
(4) facilitate the transfer of preservation technology among Federal
agencies, State and local governments, universities, international
organizations, and the private sector; and
(5) cooperate with related international organizations including, but not
limited to the International Council on Monuments and Sites, the
International Center for the Study of Preservation and Restoration of
Cultural Property, and the International Council on Museums.
(c) Programs.-Such purposes shall be carried out through research, professional training,
technical assistance, and programs for public awareness, and through a program of grants
established under section 405.
Section 403, continued
(d) Executive Director.-The Center shall be headed by an Executive Director with
demonstrated expertise in historic preservation appointed by the Secretary with advice of
the Board.
(e) Assistance From Secretary.-The Secretary shall provide the Center assistance in
obtaining such personnel, equipment, and facilities as may be needed by the Center to
carry out its activities.

Section 404
(a) Establishment.-There is established a Preservation Technology and Training Board.
(b) Duties.-The Board shall(1) provide leadership, policy advice, and professional oversight to the
Center;
(2) advise the Secretary on priorities and the allocation of grants
among the activities of the Center; and
(3) submit an annual report to the President and the Congress.

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(c) Membership.-The Board shall be comprised of(1) The Secretary, or the Secretary's designee;
(2) 6 members appointed by the Secretary who shall represent
appropriate Federal, State, and local agencies, State and local historic
preservation commissions, and other public and international
organizations, and
(3) 6 members appointed by the Secretary on the basis of outstanding
professional qualifications who represent major organizations in the
fields of archeology, architecture, conservation, curation, engineering,
history, historic preservation, landscape architecture, planning, or
preservation education.

Section 405
(a) In General.-The Secretary, in consultation with the Board, shall provide preservation
technology and training grants to eligible applicants with a demonstrated institutional
capability and commitment to the purposes of the Center, in order to ensure an effective
and efficient system of research, information distribution and skills training in all the
related historic preservation fields.
(b) Grant Requirements.(1) Grants provided under this section shall be allocated in such a
fashion to reflect the diversity of the historic preservation fields and
shall be geographically distributed.
(2) No grant recipient may receive more than 10 percent of the grants
allocated under this section within any year.
(3) The total administrative costs, direct and indirect, charged for
carrying out grants under this section may not exceed 25 percent of the
aggregate costs.
Section 405, continued
(c) Eligible Applicants.-Eligible applicants may include Federal and non-Federal
laboratories, accredited museums, universities, non-profit organizations; offices, units,
and Cooperative Park Study Units of the National Park System, State Historic Preservation
Offices, tribal preservation offices, and Native Hawaiian organizations.
(d) Standards.-All such grants shall be awarded in accordance with accepted professional
standards and methods, including peer review of projects.
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(e) Authorization of Appropriations.-There is authorized to be appropriated to carry out
this section such sums as may be necessary.

Section 406
(a) Acceptance of Grants and Transfers.-The Center may accept(1) grants and donations from private individuals, groups,
organizations, corporations, foundations, and other entities; and
(2) transfers of funds from other Federal agencies.
(b) Contracts and Cooperative Agreements.-Subject to appropriations, the Center may
enter into contracts and cooperative agreements with Federal, State, local, and tribal
governments, Native Hawaiian organizations, educational institutions, and other public
entities to carry out the Center's responsibilities under this title.
(c) Authorization of Appropriations.-There are authorized to be appropriated such sums as
may be necessary for the establishment, operation, and maintenance of the Center. Funds
for the Center shall be in addition to existing National Park Service programs, centers, and
offices.

Section 407
In order to improve the use of existing National Park Service resources, the Secretary
shall fully utilize and further develop the National Park Service preservation (including
conservation) centers and regional offices. The Secretary shall improve the coordination of
such centers and offices within the National Park Service, and shall, where appropriate,
coordinate their activities with the Center and with other appropriate parties.

APPENDIX I
National Historic Preservation Act Amendments of 1980, Public Law 96-515,
December 12, 1980, 94 Stat. 3000
This appendix contains related legislative provisions enacted in the National Historic
Preservation Act Amendments of 1980 but that are not part of the National Historic
Preservation Act.

Section 208 (16 U.S.C. 469c-2)

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Notwithstanding section 7(a) of the Act of June 27, 1960 (16 U.S.C. 469c), or any other
provision of law to the contrary(1) identification, surveys, and evaluation carried out with respect to
historic properties within project areas may be treated for purposes of
any law or rule of law as planning costs of the project and not as costs
of mitigation;
(2) reasonable costs for identification, surveys, evaluation, and data
recovery carried out with respect to historic properties within project
areas may be charged to Federal licensees and permittees as a
condition to the issuance of such license or permit; and
(3) Federal agencies, with the concurrence of the Secretary and after
notification of the Committee on Interior and Insular Affairs of the
United States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate, are authorized to
waive, in appropriate cases, the 1 per centum limitation contained in
Section 7(a) of such Act.

Section 401 (16 U.S.C. 470a-1)
(a) The Secretary of the Interior shall direct and coordinate United States participation in
the Convention Concerning the Protection of the World Cultural and Natural Heritage,
approved by the Senate on October 26, 1973, in cooperation with the Secretary of State,
the Smithsonian Institution, and the Advisory Council on Historic Preservation. Whenever
possible, expenditures incurred in carrying out activities in cooperation with other nations
and international organizations shall be paid for in such excess currency of the country or
area where the expense is incurred as may be available to the United States.
(b) The Secretary of the Interior shall periodically nominate properties he determines are
of international significance to the World Heritage Committee on behalf of the United
States. No property may be so nominated unless it has previously been determined to be
of national significance. Each such nomination shall include evidence of such legal
protections as may be necessary to ensure preservation of the property and its
environment (including restrictive covenants, easements, or other forms of protection).
Before making any such nomination, the Secretary shall notify the Committee on Interior
and Insular Affairs of the United States House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate.
Appendix I, Section 401, continued
(c) No non-Federal property may be nominated by the Secretary of the Interior to the
world Heritage Committee for inclusion on the World Heritage List unless the owner of the
property concurs in writing to such nomination.
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Section 402 (16 U.S.C. 470a-2)
Prior to the approval of any Federal undertaking outside the United States which may
directly and adversely affect a property which is on the World Heritage List or on the
applicable country's equivalent of the National Register, the head of a Federal agency
having direct or indirect jurisdiction over such undertaking shall take into account the
effect of the undertaking on such property for purposes of avoiding or mitigating any
adverse effects.

Section 502 (16 U.S.C. 470a note)
The Secretary, in cooperation with the American Folklife Center of the Library of Congress
shall, within two years after the date of the enactment of this act, submit a report to the
President and the Congress on preserving and conserving the intangible elements of our
cultural heritage such as arts, skills, folklife, and folkways. The report shall take into
account the view of other public and private organizations, as appropriate. This report
shall include recommendations for legislative and administrative actions by the Federal
Government in order to preserve, conserve, and encourage the continuation of the
diverse traditional prehistoric, historic, ethnic, and folk cultural traditions that underlie
and are a living expression of our American heritage.

Section 503 (16 U.S.C. 470j note)
The Advisory Council on Historic Preservation, in cooperation with the Secretary and the
Secretary of the Treasury, shall submit a report to the President and the Congress on
Federal tax laws relating to historic preservation or affecting in any manner historic
preservation. Such report shall include recommendations respecting amendments to such
laws which would further the purposes of this Act. Such report shall be submitted within
one year after the date of enactment of this Act.

Section 504 (16 U.S.C. 470h note)
The Secretary shall submit a report directly to the President and the Congress on or
before June 1, 1986, reviewing the operation of the Historic Preservation Fund and the
national historic preservation program since the enactment of this Act and recommending
appropriate funding levels, the time period for the reauthorization for appropriations from
the fund, and other appropriate legislative action to be undertaken upon the expiration of
the current fund authorization.
Section 505 (40 U.S.C. 874 note)
The Pennsylvania Avenue Development Corporation shall review the development plan for
those parts of the development area which are not under development or committed for
development as of

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Appendix I, Section 505, continued
the date of the enactment of this Act, to identify means by which the historic values of
such parts of the development area may be preserved and enhanced to the maximum
extent feasible. The foregoing review shall not be limited by the applicable provisions of
the development plan in effect at the time of the review; nor shall the review require any
actions by the Corporation during the course of the review or during its consideration by
the Congress. Within one year of the date of this act the Corporation shall submit to the
appropriate committees of Congress a report containing the findings of the review
required under this section, together with the Corporation's recommendations for any
legislative measures or funding necessary to carry out the purposes of this section. The
report shall also include a description of those activities which the Corporation proposes to
undertake to carry out the purposes of this section and the financial implications of
carrying out those activities.

Section 506 (16 U.S.C. 470a note)
The Secretary shall undertake a comprehensive study and formulate recommendations for
a coordinated system of cultural parks and historic conservation districts that provide for
the preservation, interpretation, development, and use by public and private entities of
the prehistoric, historic, architectural, cultural, and recreational resources found in
definable urban areas throughout the Nation. The study shall propose alternatives
concerning the management and funding of such system by public and private entities
and by various levels of government. The Secretary shall submit a report of his study and
recommendations to the President and the Congress within two years after the enactment
of this Act.

Section 507 (16 U.S.C. 470a note)
The Secretary, in cooperation with the Secretary of the Treasury, the Administrator of the
United States Fire Administration, and the Administrator of the Federal Insurance
Administration, shall submit a report to the President and the Congress on fire in historic
properties. Such report shall include a review of Federal laws to determine any
relationship between these laws and arson or fire by "suspicious origin", and to make
recommendations respecting amendments to such laws should a correlation be found to
exist. Such report shall include the feasiblity and necessity of establishing or developing
protective measures at the Federal, State, or local level for the prevention, detection, and
control of arson or fire by "suspicious origin" in historic properties. Such report shall also
include recommendations regarding the Federal role in assisting the States and local
governments with protecting historic properties from damage by fire. Such report shall be
submitted within eighteen months after the date of enactment of this Act.

APPENDIX II
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SEC. 4021. RECOMMENDATIONS.
The Secretary of the Interior, in consultation with the Advisory Council, shall seek to
ensure that historic properties preserved under the National Historic Preservation Act fully
reflect the historical experience of this nation.

SEC. 4023. REQUIREMENT FOR SPECIFIC AUTHORIZATION
FOR PROJECTS UNDER THE HISTORIC SITES, BUILDINGS,
AND ANTIQUITIES ACT.
Section 6 of the Act entitled "An Act to provide for the preservation of historic American
sites, buildings, objects, and antiquities of national significance, and for other
purposes" (16 U.S.C. 461-467) is amended to read as follows:

SEC. 6. REQUIREMENT FOR SPECIFIC AUTHORIZATION FOR
PROJECTS UNDER THE HISTORIC SITES, BUILDINGS, AND
ANTIQUITIES ACT.
(a) In General.-Except as provided in subsection (b), notwithstanding any other
provision of law, no funds appropriated or otherwise made available to the
Secretary of the Interior to carry out section 2(e) or 2(f) may be obligated or
expended after the date of enactment of this section(1) unless the appropriation of such funds has been specifically authorized
by law enacted on or after the date of enactment of this section; or
(2) in excess of the amount prescribed by law enacted on or after such date.
(b) Savings Provision.-Nothing in this section shall prohibit or limit the expenditure
or obligation of any funds appropriated prior to January 1, 1993.
(c) Authorization of Appropriations.-Except as provided by subsection (a), there is
authorized to be appropriated for carrying out the purposes of this Act such sums as
the Congress may from time to time determine.
SEC. 4024. MARTIN LUTHER KING, JUNIOR, NATIONAL
HISTORIC SITE AND PRESERVATION DISTRICT.
(a) Boundary Modification.-Subsection (a) of the first section of the Act
entitled "An Act to establish the Martin Luther King, Junior, National
Historic Site in the State of Georgia, and for other purposes" (Public
Law 96-428; 94 Stat. 1839), establishing the Martin
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Appendix II, SEC. 4024(a), continued
Luther King, Junior, National Historic Site and Preservation District, is amended by striking
"numbered NASM/SERO/20, 109-C, and dated May 1980" and inserting in lieu thereof
"number 489/80,013B, and dated September 1992".
(b) Limitation on Appropriations.-Section 6 of Public Law 96-428 (94
Stat. 1842) is amended by striking ", but not to exceed $1,000,000 for
development, $100,000 for local planning, and $3,500,000 for the
acquisition of lands and interests therein".

SEC. 4025. SECRETARIAL REPORT.
(a) Report.-Not later than one year after the date of enactment of this
Act, the Secretary of the Interior shall prepare and submit to the
Congress a report on the manner in which properties are listed or
determined to be eligible for listing on the National Register, including
but not limited to, the appropriateness of the criteria used in
determining such eligibility, and the effect, if any, of such listing or
finding of eligibility.
(b) Preparation.-In preparing the report, the Secretary shall consult
with, and consider the views and comments of other Federal agencies,
as well as interested individuals and public and private organizations,
and shall include representative comments received as an appendix to
the report.

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