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

PUBLIC LAW 102-575 OCT. 30, 1992

106 STAT. 4753

TITLE XXXIX SIPHON REPAIR AND REPLACEMENT

(a) Congress finds that the prestressed concrete pipe siphons
installed in the Hayden-Rhodes Aqueduct portion of the Central
Arizona Project designed and constructed by the Secretary pursuant
to the Colorado River Basin Project Act (43 U.S.C. 1601 et sea.)
have been determined to be defective, inadequate and unsuitable
for aqueduct purposes and must be replaced or substantial repairs
completed for the transfer of the operation of the Project to its
local sponsors.
(b) Notwithstanding any other provision of law or contract,
50 percent of the costs incurred in the repair, modification or
replacement, together with associated costs, of the Hayden-Rhodes
Aqueduct siphons at Salt River, New River, Hasaayampa River,
Jackrabbit Wash, Centennial Wash and Aqua Fria River, all features of the Central Arizona Project, shall be borne by the United
States and shall be nonreimbursable and nonreturnable and the
remaining costs shall be allocated to the authorized purposes of
the project.
TITLE XL NATIONAL HISTORIC PRESERVATION ACT
AMENDMENTS
SEC. 4001. SHORT TITLE.

This title may be cited as the "National Historic Preservation
Act Amendments of 1992".
SEC. 4008. POLICY.

Section 2 of the National Historic Preservation Act (16 U.S.C.
470-1) is amended as follows
(1) In paragraph (2) insert "and in the administration
of the national preservation program in partnership with
States, Indian tribes, Native Hawaiians, and local governments"
after "community of nations".
(2) In paragraph (6) insert ", Indian tribes and Native
Hawaiian organizations" after "local governments".
SEC. 4003. REVIEW OF THREATS TO PROPERTIES.

Section 101(a) of the National Historic Preservation Act (16
U.S.C. 470a(a» is amended by adding the following new paragraph
at the end thereof:
"(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 thatqnay be threatened;
"(B) ascertain the causes of the threats; and
"(C) develop and submit to the President and Congress
recommendations for appropriate action.".
SEC. 4004. STATE HISTORIC PRESERVATION PROGRAMS.

Section 101(b) of the National Historic Preservation Act (16
U.S.C. 470a(b)) is amended as follows:
(1) Amend paragraph (2) to read as follows:
"(2XA) 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

National
Historic
Preservation Act
Amendments of
1992.
16 USC 470 note.

106 STAT. 4754

Contracts.

PUBLIC LAW 102-575 OCT. 30, 1992

this Act, and in cooperation with the State Historic Preservation
Officer, shall evaluate the program to determine whether it is
consistent with this Act.
"(B) If, at any time, the Secretary determines that a major
aspect of a State program is not consistent with this Act, the
Secretary shall disapprove the program and suspend in whole or
in part any contracts or cooperative agreements with the State
ana 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.".
(2) Amend paragraph (3) as follows:
(A) In subparagraph (G), strike "relating to the Federal
and State Historic Preservation Programs; and" and insert
"in historic preservation;".
(B) In subparagraph (H), strike the period at the end
thereof and insert a semicolon.
(C) Add at the end thereof the following new
subparagraphs
"(I) consult with 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 reduce or mitigate harm
to such properties; and
"(J) advise and assist in the evaluation of proposals
- for rehabilitation projects that may qualify for Federal
assistance.".
(3) Amend paragraph (5) by striking "1980" and inserting
"1992".
(4) Add at the end thereof the following new paragraphs:
"(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-f
"(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.

PUBLIC LAW 102-575 OCT. 30, 1992

106 STAT. 4755

"(v) Evaluation of eligibility for Federal preservation incentives.
Nothing in this paragraph shall be construed to provide that any
State Historic Preservation Officer or any other person other than
the Secretary shall have the authority to maintain the National
Register for properties in any State.
"(B) The Secretary may enter into a contract or cooperative
agreement under subparagraph (A) only if
*(i) the State Historic Preservation Officer has requested
the additional responsibility;
"(ii) the Secretary has approved the State historic preservation program pursuant to section 101(b) (1) and (2);
"(iii) the State Historic Preservation Officer agrees to carry
out the additional responsibility in a timely and efficient manner acceptable to the Secretary and the Secretary determines
that such Officer is fully capable of carrying out such responsibility in such manner;
"(iv) the State Historic Preservation Officer agrees to permit the Secretary to review and revise, as appropriate in the
discretion of the Secretary, decisions made by the Officer pursuant to such contract or cooperative agreement; and
"(v) the Secretary and the State Historic Preservation Officer agree on the terms of additional financial assistance to
the State, if there is to be any, for the costs of carrying out
such responsibility.
"(C) For each significant program area under the Secretary's
authority, the Secretary shall establish specific conditions and criteria essential for the assumption by State Historic Preservation
Officers of the Secretary's duties in each such program.
"(D) Nothing in this subsection shall have the effect of diminishing the preservation programs and activities of the National Park
Service.*.
SEC. 4005. CERTIFICATION OF LOCAL GOVERNMENTS.

Section 101(c) of the National Historic Preservation Act (16
U.S.C. 470a(c)) is amended by adding at the end thereof the following new paragraph:
"(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).".
SEC. 4006. TRIBAL HISTORIC PRESERVATION PROGRAMS.

(a) REVISION OF EXISTING LAW. Section 101 of the National
Historic Preservation Act (16 U.S.C. 470a) is amended as follows
(1) Redesignate subsections (d), (e), (f), (g), and (h) as
subsections (e), (f), (g), (h), and (i), respectively.
(2) Insert after subsection (c) the following new subsection:
"(dXIXA) The Secretary shall establish a program and prpmul- Regulations.
gate 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

106 STAT. 4756

PUBLIC LAW 102-575 OCT. 30, 1992

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.
*XB) The program under subparagraph (A) shall be developed
in such a manner as to ensure that tribal values are taken into
account to the extent feasible. The Secretary may waive or modify
requirements of this section to conform to the cultural setting
of tribal heritage preservation goals and objectives. The tribal programs implemented by specific tribal organizations may vary in
scope, as determined by each tribe's chief governing authority.
"(C) The Secretary shall consult with Indian tribes, other Federal agencies. State Historic Preservation Officers, and other
interested parties and initiate the program under subparagraph
(A) by not later than October 1,1994.
n[2) A tribe may assume all or any part of the functions of
a State Historic Preservation Officer in accordance with subsections
(bX2) and (bX3), with respect to tribal lands, as such responsibilities
may be modified for tribal programs through regulations issued
by the Secretary, if
"(A) the tribe's chief governing authority so requests;
"(B) the tribe designates a tribal preservation official to
administer the tribal historic preservation program, through
appointment by the tribe's chief governing authority or as a
tribal ordinance may otherwise provide;
"(C) the tribal preservation official provides the Secretary
with a plan describing how the functions the tribal preservation
official proposes to assume will be carried out;
"(D) the Secretary determines, after consulting with the
tribe, the appropriate State Historic Preservation Officer, the
Council (if the tribe proposes to assume the functions of the
State Historic Preservation Officer with respect to review of
undertakings under section 106), and other tribes, if any, whose
tribal or aboriginal lands may be affected by conduct of the
tribal preservation program
a(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 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 (bX2) and 0>X3); 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).

PUBLIC LAW 102-575 OCT. 30, 1992

106 STAT. 4757

"(4) At the request of a tribe whose preservation program Contracts,
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 (bX6) 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.
"(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.
"(6XA) 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 Hawaii.
(bX3), 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; ana
"(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.".
(b) CONFORMING AMENDMENT. Section 110(c) of the National
Historic Preservation Act (16 U.S.C. 470h-2(c)) is amended by
striking "lOXgT and inserting "lOKhf.

106 STAT. 4758

PUBLIC LAW 102-575 OCT. 30, 1992

SEC. 4007. MATCHING GRANTS.

16 use 470a.

Territories.

Historic
preservation.

Section 101(e) of the National Historic Preservation Act, as
redesignated by section 4006(aXD of this title, is amended as
follows
(1) Amend paragraph (1) to read as follows:
"(1) The Secretary shall administer a program of matching
grants to the States for the purposes of carrying out this Act. .
(2) Add the following at the end thereof:
"(4) Grants may be made under this subsection for the preservation, stabilization, restoration, or rehabilitation of religious properties listed in the National Register of Historic Places, provided
that the purpose of the grant is secular, does not promote religion,
and seeks to protect those qualities that are historically significant.
Nothing in this paragraph shall be construed to authorize the
use of any funds made available under this section for the acquisition of any property referred to in the preceding sentence.".
"(5) The Secretary shall administer a program of direct grants
to Indian tribes and Native Hawaiian organizations for the purpose
of carrying out this Act as it pertains to Indian tribes ana 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.
"(6XA) As part of the program of matching grant assistance
from the Historic Preservation Fund to States, the Secretary shall
administer a program of direct grants to the Federated States
of Micronesia, the Republic of the Marshall Islands, the Trust
Territory of the Pacific Islands, and upon termination of the
Trusteeship Agreement for the Trust Territory of the Pacific Islands,
the Republic of Palau (referred to as the Micronesian States) in
furtherance of the Compact of Free Association .between the United
States and the Federated States of Micronesia and the Marshall
Islands, approved by the Compact of Free Association Act of 1985
(48 U.S.C. 1681 note), the Trusteeship Agreement for the Trust
Territory of the Pacific Islands, and the Compact of Free Association
between the United States and Palau, approved by the Joint Resolution entitled 'Joint Resolution to approve the "Compact of Free
Association" between the United States and Government of Palau,
and for other purposes' (48 U.S.C. 1681 note). The goal of the
program shall be to establish historic and cultural preservation
programs that meet the unique needs of each Micronesian State
so that at the termination of the compacts the programs shall
be firmly established. The Secretary may waive or modify the
requirements of this section to conform to the cultural setting
of those nations.
"(B) The amounts to be made available to the Micronesian
States shall be allocated by the Secretary on the basis of needs
as determined by the Secretary. Matching funds may be waived
or modified.".
SEC. 4008. EDUCATION AND TRAINING.

Section 101 of the National Historic Preservation Act (16 U.S.C.
470a), as amended by section 4005 of this Act, is further amended
by adding at the end thereof the following new subsection:
"(jXl) The Secretary shall, in consultation with the Council
and other appropriate Federal, tribal, Native Hawaiian, and non-

PUBLIC LAW 102-575 OCT. 30, 1992

106 STAT. 4759

Federal organizations, develop and implement a comprehensive
observation education and training program.
v "(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 preservationrelated 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 Training
"(i) distribution of information on preservation technologies;
(ii) provision of training and skill development in
trades, crafts, and disciplines related to historic preservation in Federal training and development programs; and
"(iii) support for research, analysis, conservation,
eviration, interpretation, and display related to preservation.".
SEC. 4009. REQUIREMENTS FOR AWARDING OF GRANTS.

Section 102 of the National Historic Preservation Act (16 U.S.C.
470b) is amended as follows:
(1) Amend paragraph (3) of subsection (a) to read as follows:
"(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(bX3)
in any one fiscal year.".
(2) In subsection (b) strike ", in which case a grant to
the National Trust may include funds for the maintenance,
repair, and administration of the property in a manner satisfactory for the Secretary".
(3) Add at the end thereof the following new subsections:
"(d) The Secretary shall make funding available to individual
States and the National Trust for Historic Preservation as soon
as practicable after execution of a grant agreement. For purposes
of administration, grants to individual States and the National
Trust each shall be considered to be one grant and shall be administered by the National Park Service as such.
"(e) The total administrative costs, direct and indirect, charged
for carrying out State projects and programs may not exceed 25
percent of the aggregate costs except in the case of grants under
section 101(eX6). .
SEC. 4010. APPORTIONMENT OF GRANT FUND&

Section 103 of the National Historic Preservation Act (16 U.S.C.
470c) is amended as follows
(1) In subsection (a) strike "for comprehensive statewide
historic surveys and plans under this Act", and insert "for
the purposes this Act".
(2) In subsection (b) strike "by the Secretary in accordance
with needs as disclosed in approved statewide historic preserve-

lUb STAT. 4760

Federal
i^Hration

PUBLIC LAW 102-575 OCT. 30, 1992
tion plans." and insert "as the Secretary determines to be
appropriate.".
(3) At the end of subsection (b) insert "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.".

SEC. 4011. EXTENSION OF AUTHORIZATION FOR HISTORIC PRESERVATION FUND.

16 use 470h.

Section 108 of the National Historic Preservation Act (16 U.S.C.
470h-2) is amended by striking "1992" and inserting "1997".
SEC. 4012. FEDERAL AGENCY HISTORIC PRESERVATION PROGRAMS.

Section 110 of the National Historic Preservation Act (16 U.S.C.
470h-2) is amended as follows
(1) In subsection (aXD strike "101(0" and insert "101(g>".
(2) Amend subsection (aX2) to read as follows:
"(2) Each Federal agency shall establish (unless exempted
pursuant to section 214). in consultation with the Secretary, a
preservation program for the identification, evaluation, and nomination to the National Register of Historic Places, and protection
of historic properties. Such program shall ensure
"(A) that historic properties under the jurisdiction or control
of the agency, are identified, evaluated, and nominated to the
National Register;
"(B) that such properties under the jurisdiction or control
of the agency as are listed in or may be eligible for the National
Register are managed and maintained in a way that considers
the preservation of their historic, archaeological, architectural,
and cultural values in compliance with section 106 and gives
special consideration to the preservation of such values in the
case of properties designated as having National significance;
"(C) that the preservation of properties not under the jurisdiction or control of the agency, but subject to be potentially
affected by agency actions are given full consideration in
planning;
"(D) that the agency's preservation-related activities are
carried out in consultation with other Federal, State, and local
agencies, Indian tribes, Native Hawaiian organizations carrying
out historic preservation planning activities, and with the private sector; and
"(E) that the agency's procedures for compliance with section 106
"(i) are consistent with regulations issued by the
Council pursuant to section 211;
"(ii) provide a process for the identification and evaluation of Historic properties for listing in the National
Register and the development and implementation of agreements, in consultation with State Historic Preservation
Officers, local governments, Indian tribes, Native Hawaiian
organizations, and the interested public, as appropriate,
regarding the means by which adverse effects on such
properties will be considered; and
"(iii) provide for the disposition of Native American
cultural items from Federal or tribal land in a manner
consistent with section 3(c) of the Native American Grave
Protection and Repatriation Act (25 U.S.C. 3002(c)).".
(3) Add at the end thereof the following new subsections:

PUBLIC LAW 102-575 OCT. 30, 1992

106 STAT. 4761

"(k) Each Federal agency shall ensure that the agency will
tone 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.
"(1) With respect to any undertaking s ect to section 106
which adversely affects any property includ 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. Trie 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.".
SEC. 4013. LEASE OR EXCHANGE OF FEDERAL HOUSING PROPERTIES.

Section lll(a) of the National Historic Preservation Act (16
U.S.C. 470h-3(a)) is amended by striking "may, after consultation
with the Advisory Council on Historic Preservation," and inserting
"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".
SEC. 4014. PROFESSIONAL STANDARDS.

Title I of the National Historic Preservation Act (16 U.S.C.
470 et seq.) is amended by adding at the end thereof the following
new section:
SEC. 112. PROFESSIONAL STANDARDS.

"(a) IN GENERAL. Each Federal agency that is responsible
for the protection of historic resources, including archaeological
resources pursuant to this Act or any outer law shall ensure each
of the following
"(1XA) 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, duration, 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.

16 USC 470H-4.

Contracts.

106 STAT. 4762
Records.
Regulations.

PUBLIC LAW 102-575 OCT. 30, 1992

"(2) Records and other data, including data produced by
historical research and archaeological surveys and excavations
are permanently maintained in appropriate data bases and
made available to potential users pursuant to such regulations
as the Secretary shall promulgate.
"(b) GUIDELINES. In order to promote the preservation of historic resources on properties eligible for listing in the National
Register, the Secretary shall, in consultation with the Council,
promulgate guidelines to ensure that Federal, State, and tribal
historic preservation programs subject to this 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 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 hi which an Indian tribe or Native
Hawaiian organization may have an interest under section
3(aX2) (B) or (C) of the Native American Grave Protection
and Repatriation Act (25 U.S.C. 3002(aX2) (B) and (C)),
given notice to and consult with such Indian tribe or Native
Hawaiian organization.".
SEC. 4015. INTERSTATE AND INTERNATIONAL TRAFFIC IN ANTIQUITIES.

Title I of the National Historic Preservation Act (16 U.S.C.
470 et seq.) is amended by adding at the end thereof of the following
new section after section 112:
16 USC 470H-5.

"SEC. 113. INTERSTATE AND INTERNATIONAL TRAFFIC IN ANTIQ.
UTTIES.

Reports.

"(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.

PUBLIC LAW 102-575 OCT. 30, 1992

106 STAT. 4763

M(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 Binds 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
"(c) REPORT. Not later than 18 months after the date of enactment of this section, the Secretary shall submit to Congress a
report detailing the Secretary^ findings and recommendations from
the study described in subsection (a).
"(d) AUTHORIZATION. There are authorized to be appropriated
not more than $500,000 for the study described in subsection (a),
such sums to remain available until expended.".

Appropriation
authorization.

SEC. 4016. MEMBERSHIP OF ADVISORY COUNCIL ON HISTORIC
PRESERVATION.

Section 201(a) of the National Historic Preservation Act (16
U.S.C. 470i(a)) is amended as follows:
(1) Strike "and" at the end of paragraph (9).
(2) Strike the period at the end of paragraph (10) and
insert "; and".
(3) Add at the end thereof the following new paragraph:
"(ID 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.".
SEC. 4017. AUTHORIZATION OF APPROPRIATONS FOR ADVISORY 16 USC 470t.
COUNCIL ON HISTORIC PRESERVATION.

Section 212(a) of the National Historic Preservation Act (16
U.S.C. 470) and following is amended by striking the last sentence
thereof and inserting "There are authorized to be appropriated
for purposes of this title not to exceed $5,000,000 tor each of
the fiscal years 1993 through 1996.".
SEC. 4018. ADVISORY COUNCIL REGULATIONS.

Section 211 of the National Historic Preservation Act (16 U.S.C.
470s) is amended by striking the period at the end of the first
sentence and inserting "in its entirety.".
SEC. 4019. DEFINITIONS.

(a) AMENDMENT AND ADDITION OF DEFINITIONS. Section 301
of the National Historic Preservation Act (16 U.S.C. 470w) is
amended as follows
(1) In paragraph (1) strike "Code," and all that follows
through
"Code.". the end of the paragraph, and insert in lieu thereof
(2) In paragraph (2) strike "the Trust Territories of the
Pacific Islands" and insert "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) Amend paragraph (4) to read as follows:

106 STAT. 4764

PUBLIC LAW 102-575 OCT. 30, 1992

"(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.".
.
.
(4) In paragraph (5) strike "Register" and all that follows
through the end of the paragraph and insert "Register, including artifacts, records, and material remains related to such
a property or resource.".
(5) Amend paragraph (7) to read as follows:
T7) '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.".
(6) In paragraph (8) strike "maintenance and reconstruction," and insert "maintenance, research, interpretation, conservation, and education and training regarding the foregoing
activities,".
(7) In paragraph (9) strike "urban area" and insert "area".
(8) In paragraph (10) strike "urban area of one or more
neighborhoods and and insert "area".
(9) In paragraph (11) after "of the Interior" insert "acting
through the Director of the National Park Service".
(10) In paragraph (12) strike "and architecture" and insert
"architecture, folklore, cultural anthropology, curation, conservation, .and landscape architecture".
(11) In paragraph (13) strike "archaeology" and insert "prehistoric ana historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture".
(12) Add at the end thereof the following new paragraphs:
"(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;

PUBLIC LAW 102-575 OCT. 30, 1992

106 STAT. 4765

"(B) has as a primary and stated purpose the provision
of services to Native Hawaiians; and
"(C) has demonstrated expertise in aspects of historic
preservation that are culturally significant to Native
Hawaiians.
The term includes, but is not limited to, the Office of Hawaiian
Affairs of the State of Hawaii and Hui Malama I Na Kupuna
O Hawai'i Nei, an organization incorporated under the laws
of the State of Hawaii.'.
(b) TECHNICAL AMENDMENT. Section 201(a) of the National
Historic Preservation Act (16 U.S.C. 470i(a)) is amended by striking
"(hereafter referred to as the 'Council')".
SEC. 4020. ACCESS TO INFORMATION.

Section 304 of the National Historic Preservation Act (16 U.S.C.
4702-3) is amended to read as follows:
16 USC 470w-s.
"SEC. 304. ACCESS TO INFORMATION.

"(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE. The head
of a Federal agency or other public official receiving grant assistance
pursuant to this 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;
"(2) risk harm to the historic resources; or
"(3) impede the use of a traditional religious site by
practitioners.
*(b) ACCESS DETERMINATION. When the head of a Federal
agency or other public official has determined that information
should be withheld from the public pursuant to subsection (a),
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 IKXf), the Secretary shall consult with the
Council in reaching determinations under subsections (a) and (b).".
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.

16 USC 470a
note.

SEC. 4022. NATIONAL CENTER FOR PRESERVATION TECHNOLOGY
AND TRAINING.

The National Historic Preservation Act (16 U.S.C. 470 and
following) is amended by adding the following at the end thereof:

TITLE IV NATIONAL CENTER FOR
PRESERVATION TECHNOLOGY AND TRAINING
"SEC. 401. FINDINGS.

The Congress finds and declares that, given the complexity
of technical problems encountered in preserving historic properties
and the lack of adequate distribution of technical information to
preserve such properties, a national initiative to coordinate and

16 USC 470x.