16 USC Sec 470f

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§ 470f

TITLE 16—CONSERVATION

payment of any portion of the costs of such
project or activity.

§ 470e. Recordkeeping; recipients of assistance;
audit

(j) Authorization of appropriations for payment
of losses
Effective after the fiscal year 1981 there are
authorized to be appropriated, such sums as may
be necessary to cover payments incurred pursuant to subsection (e) of this section.

The beneficiary of assistance under this subchapter shall keep such records as the Secretary
shall prescribe, including records which fully
disclose the disposition by the beneficiary of the
proceeds of such assistance, the total cost of the
project or undertaking in connection with which
such assistance is given or used, and the amount
and nature of that portion of the cost of the
project or undertaking supplied by other
sources, and such other records as will facilitate
an effective audit.

(k) Eligibility of debt obligation for purchase,
etc., by Federal Financing Bank
No debt obligation which is made or committed to be made, or which is insured or committed to be insured, by the Secretary under this
section shall be eligible for purchase by, or commitment to purchase by, or sale or issuance to,
the Federal Financing Bank.
(Pub. L. 89–665, title I, § 104, Oct. 15, 1966, 80 Stat.
917; Pub. L. 96–515, title II, § 204, Dec. 12, 1980, 94
Stat. 2994.)
CODIFICATION
In subsec. (c), ‘‘December 12, 1980’’ substituted for
‘‘the date of enactment of this Act’’. ‘‘This Act’’ probably meant the National Historic Preservation Act
Amendments of 1980 (Pub. L. 96–515) rather than the National Historic Preservation Act of 1966 (Pub. L. 89–665).
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–515 substituted provision
authorizing the Secretary to establish and maintain a
program by which he, upon application of a private
lender, insure loans made by such lender to finance any
project for the preservation of a property included on
the National Register for provision prohibiting grants
to surveys or projects receiving assistance from any
other Federal program or activity.
Subsec. (b). Pub. L. 96–515 substituted provision prescribing loan qualifications for provision authorizing
the President, in order to assure consistency in policies
and actions and coordination of planning, acquisition,
and development assistance to States with other related Federal programs, to issue regulations as deemed desirable.
Subsecs. (c) to (k). Pub. L. 96–515 added subsecs. (c) to
(k).

(Pub. L. 89–665, title I, § 105, Oct. 15, 1966, 80 Stat.
917.)
§ 470f. Effect of Federal undertakings upon property listed in National Register; comment by
Advisory Council on Historic Preservation
The head of any Federal agency having direct
or indirect jurisdiction over a proposed Federal
or federally assisted undertaking in any State
and the head of any Federal department or independent agency having authority to license any
undertaking shall, prior to the approval of the
expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as
the case may be, take into account the effect of
the undertaking on any district, site, building,
structure, or object that is included in or eligible for inclusion in the National Register. The
head of any such Federal agency shall afford the
Advisory Council on Historic Preservation established under part B of this subchapter a reasonable opportunity to comment with regard to
such undertaking.
(Pub. L. 89–665, title I, § 106, Oct. 15, 1966, 80 Stat.
917; Pub. L. 94–422, title II, § 201(3), Sept. 28, 1976,
90 Stat. 1320.)
AMENDMENTS
1976—Pub. L. 94–422 inserted ‘‘or eligible for inclusion
in’’ after ‘‘included in’’.

TRANSFER OF FUNCTIONS

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official
in Department of the Interior and such functions of
Secretary or other official in Department of Agriculture, insofar as they involve lands and programs
under jurisdiction of that Department, related to compliance with historic preservation under sections 470 to
470a, 470b, and 470c to 470w–6 of this title with respect
to pre-construction, construction, and initial operation
of transportation system for Canadian and Alaskan
natural gas transferred to Federal Inspector, Office of
Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44
F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector
for the Alaska Natural Gas Transportation System
abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section
3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of
Title 15, Commerce and Trade. Functions and authority
vested in Secretary of Energy subsequently transferred
to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.

Enforcement functions of Secretary or other official
in Department of the Interior and such functions of
Secretary or other official in Department of Agriculture, insofar as they involve lands and programs
under jurisdiction of that Department, related to compliance with historic preservation under sections 470 to
470a, 470b, and 470c to 470w–6 of this title with respect
to pre-construction, construction, and initial operation
of transportation system for Canadian and Alaskan
natural gas transferred to Federal Inspector, Office of
Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44
F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector
for the Alaska Natural Gas Transportation System
abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section
3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of
Title 15, Commerce and Trade. Functions and authority
vested in Secretary of Energy subsequently transferred
to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.

§ 470g

TITLE 16—CONSERVATION

REPORTING REQUIREMENTS OF ADVISORY COUNCIL ON
HISTORIC PRESERVATION
Pub. L. 104–333, div. I, title V, § 509(b), Nov. 12, 1996,
110 Stat. 4157, provided that: ‘‘Within 18 months after
the date of enactment of this Act [Nov. 12, 1996], the
Advisory Council on Historic Preservation shall submit
a report to the appropriate congressional committees
containing an analysis of alternatives for modifying
the regulatory process for addressing impacts of Federal actions on nationally significant historic properties, as well as alternatives for future promulgation
and oversight of regulations for implementation of section 106 of the National Historic Preservation Act [16
U.S.C. 470f].’’

§ 470g. White House, United States Supreme
Court building, and United States Capitol
not included in program for preservation of
historical properties
Nothing in this subchapter shall be construed
to be applicable to the White House and its
grounds, the Supreme Court building and its
grounds, or the United States Capitol and its related buildings and grounds.
(Pub. L. 89–665, title I, § 107, Oct. 15, 1966, 80 Stat.
917.)
§ 470h. Historic Preservation Fund; establishment; appropriations; source of revenue
To carry out the provisions of this subchapter,
there is hereby established the Historic Preservation Fund (hereafter referred to as the
‘‘fund’’) in the Treasury of the United States.
There shall be covered into such fund
$24,400,000 for fiscal year 1977, $100,000,000 for fiscal year 1978, $100,000,000 for fiscal year 1979,
$150,000,000 for fiscal year 1980, and $150,000,000
for fiscal year 1981, and $150,000,000 for each of
fiscal years 1982 through 2015, from revenues due
and payable to the United States under the
Outer Continental Shelf Lands Act (67 Stat. 462,
469), as amended (43 U.S.C. 1338), and/or under
section 7433(b) of title 10, notwithstanding any
provision of law that such proceeds shall be
credited to miscellaneous receipts of the Treasury. Such moneys shall be used only to carry
out the purposes of this subchapter 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.
(Pub. L. 89–665, title I, § 108, Oct. 15, 1966, 80 Stat.
917; Pub. L. 91–243, § 1(a), May 9, 1970, 84 Stat. 204;
Pub. L. 93–54, § 1(a), July 1, 1973, 87 Stat. 139;
Pub. L. 94–422, title II, § 201(4), Sept. 28, 1976, 90
Stat. 1320; Pub. L. 96–515, title II, § 205, Dec. 12,
1980, 94 Stat. 2995; Pub. L. 100–127, Oct. 9, 1987, 101
Stat. 800; Pub. L. 102–575, title XL, § 4011, Oct. 30,
1992, 106 Stat. 4760; Pub. L. 106–208, §§ 2, 5(a)(7),
May 26, 2000, 114 Stat. 318, 319; Pub. L. 109–453,
§ 1(c), Dec. 22, 2006, 120 Stat. 3367.)
REFERENCES IN TEXT
The Outer Continental Shelf Lands Act, referred to in
second par., is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as
amended, which is classified generally to subchapter III
(§ 1331 et seq.) of chapter 29 of Title 43, Public Lands.
Section 9 of the Act (43 U.S.C. 1338) provides for the disposition of revenues. For complete classification of this

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Act to the Code, see Short Title note set out under section 1331 of Title 43 and Tables.
CODIFICATION
‘‘Section 7433(b) of title 10’’ substituted in text for
‘‘the Act of June 4, 1920 (41 Stat. 813), as amended (30
U.S.C. 191)’’, which was classified to section 524 of
former Title 34, Navy, on authority of act Aug. 10, 1956,
ch. 1041, § 49(b), 70A Stat. 640, the first section of which
enacted Title 10, Armed Forces.
AMENDMENTS
2006—Pub. L. 109–453 substituted ‘‘2015’’ for ‘‘2005’’.
2000—Pub. L. 106–208 substituted ‘‘through 2005’’ for
‘‘through 1997’’ and ‘‘(43 U.S.C. 1338)’’ for ‘‘(43 U.S.C.
338)’’.
1992—Pub. L. 102–575 substituted ‘‘1997’’ for ‘‘1992’’.
1987—Pub. L. 100–127 substituted ‘‘1992’’ for ‘‘1987’’.
1980—Pub. L. 96–515 inserted ‘‘and $150,000,000 for each
of fiscal years 1982 through 1987’’ after ‘‘1981’’.
1976—Pub. L. 94–422 substituted provisions establishing Historic Preservation Fund which contains appropriations obtained from revenues due and payable to
United States pursuant to Outer Continental Shelf
Lands Act and Act June 4, 1920 to carry out provisions
of sections 470 to 470t of this title for provisions authorizing appropriations to carry out provisions of sections
470a, 470b, and 470c to 470h of this title of not more than
$15,600,000 in fiscal year 1974, $20,000,000 in fiscal year
1975, and $24,400,000 in fiscal year 1976 to remain available until expended.
1973—Pub. L. 93–54 substituted appropriations authorization of $15,600,000, $20,000,000 and $24,400,000 for fiscal
years 1974 through 1976, respectively, for such authorization of $7,000,000, $10,000,000, and $15,000,000 for fiscal
years 1971 through 1973, respectively.
1970—Pub. L. 91–243 substituted provisions authorizing appropriations of not more than $7,000,000 for fiscal
year 1971, and $10,000,000 and $15,000,000 for fiscal years
1972 and 1973, respectively, to carry out the provisions
of sections 470a, 470b, and 470c, to 470h of this title for
provisions authorizing the appropriation of not to exceed $2,000,000 for fiscal year 1967 and not more than
$10,000,000 for the three succeeding fiscal years to carry
out the provisions of sections 470 to 470b, and 470c to
470n of this title.
REVIEW OF OPERATION OF HISTORIC PRESERVATION
FUND AND NATIONAL HISTORIC PRESERVATION PROGRAM; REPORT TO PRESIDENT AND CONGRESS
Section 504 of Pub. L. 96–515 provided that: ‘‘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 [Dec. 12, 1980] 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.’’

§ 470h–1. Acceptance of privately donated funds
by Secretary
(a) Authorization; use of funds
In furtherance of the purposes of this subchapter, the Secretary may accept the donation
of funds which may be expended by him for
projects to acquire, restore, preserve, or recover
data from any district, building, structure, site,
or object which is listed on the National Register of Historic Places established pursuant to
section 470a of this title, so long as the project
is owned by a State, any unit of local government, or any nonprofit entity.
(b) Consideration of factors respecting expenditure of funds
In expending said funds, the Secretary shall
give due consideration to the following factors: