54 Usc 306121

§ 306121

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

cy has not entered into an agreement pursuant
to regulations issued by the Council, the head of
the agency shall document any decision made
pursuant to section 306108 of this title. The head
of the agency may not delegate the responsibility to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been executed
with respect to an undertaking, the agreement
shall govern the undertaking and all of its parts.

Page 122

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

306121(a) .....

16 U.S.C. 470h–3(a).

306121(b) .....

16 U.S.C. 470h–3(b).

Source (Statutes at Large)
Pub. L. 89–665, title I,
§ 111(a), as added Pub. L.
96–515, title II, § 207, Dec.
12, 1980, 94 Stat. 2997; Pub.
L. 102–575, title XL, § 4013,
Oct. 30, 1992, 106 Stat. 4761.
Pub. L. 89–665, title I,
§ 111(b), as added Pub. L.
96–515, title II, § 207, Dec.
12, 1980, 94 Stat. 2997.

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3228.)
HISTORIC LEASE PROCESS SIMPLIFICATION
HISTORICAL AND REVISION NOTES
Revised
Section
306114 .........

Source (U.S. Code)
16 U.S.C. 470h–2(l).

Source (Statutes at Large)
Pub. L. 89–665, title I,
§ 110(l), as added Pub. L.
102–575, title XL, § 4012(3),
Oct. 30, 1992, 106 Stat. 4761;
Pub. L. 106–208, § 5(a)(8),
May 26, 2000, 114 Stat. 319.

The words ‘‘historic property’’ are substituted for
‘‘property included in or eligible for inclusion in the
National Register’’ because of the definition of ‘‘historic property’’ in section 300308 of the new title. The
words ‘‘to document a decision pursuant to this section’’ are substituted for ‘‘pursuant to such section’’ for
clarity. The language was not intended to limit agency
authority to delegate responsibilities under section 106
of the National Historic Preservation Act (Public Law
89–665, 80 Stat. 917). The words ‘‘agreement pursuant to
regulations issued by the Council’’ are substituted for
‘‘a section 106 memorandum’’, and the word ‘‘agreement’’ is substituted for ‘‘memorandum’’, for clarity
and for consistency in the new section.

SUBCHAPTER II—LEASE, EXCHANGE, OR
MANAGEMENT OF HISTORIC PROPERTY

Pub. L. 105–391, title VIII, § 802(b), Nov. 13, 1998, 112
Stat. 3523, provided that: ‘‘The Secretary is directed to
simplify, to the maximum extent possible, the leasing
process for historic properties with the goal of leasing
available structures in a timely manner.’’
[For ‘‘Secretary’’ as used in section 802(b) of Pub. L.
105–391, set out above, as meaning the Secretary of the
Interior, see section 2 of Pub. L. 105–391, Nov. 13, 1998,
112 Stat. 3498, which was classified to section 5901 of
Title 16, Conservation, prior to repeal by Pub. L.
113–287.]

§ 306122. Contracts for management of historic
property
The head of any Federal agency having responsibility for the management of any historic
property may, after consultation with the Council, enter into a contract for the management of
the property. The contract shall contain terms
and conditions that the head of the agency considers necessary or appropriate to protect the
interests of the United States and ensure adequate preservation of the historic property.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3228.)
HISTORICAL AND REVISION NOTES

§ 306121. Lease or exchange
(a) AUTHORITY TO LEASE OR EXCHANGE.—Notwithstanding any other provision of law, each
Federal agency, after consultation with the
Council—
(1) shall, to the extent practicable, establish
and implement alternatives (including adaptive use) for historic property that is not needed for current or projected agency purposes;
and
(2) may lease historic property owned by the
agency to any person or organization, or exchange any property owned by the agency
with comparable historic property, if the
agency head determines that the lease or exchange will adequately ensure the preservation of the historic property.
(b) PROCEEDS OF LEASE.—Notwithstanding any
other provision of law, the proceeds of a lease
under subsection (a) may be retained by the
agency entering into the lease and used to defray the costs of administration, maintenance,
repair, and related expenses incurred by the
agency with respect to that property or other
property that is on the National Register that is
owned by, or are under the jurisdiction or control of, the agency. Any surplus proceeds from
the leases shall be deposited in the Treasury at
the end of the 2d fiscal year following the fiscal
year in which the proceeds are received.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3228.)

Revised
Section
306122 .........

Source (U.S. Code)
16 U.S.C. 470h–3(c).

Source (Statutes at Large)
Pub. L. 89–665, title I,
§ 111(c), as added Pub. L.
96–515, title II, § 207, Dec.
12, 1980, 94 Stat. 2997.

SUBCHAPTER III—PROTECTION AND
PRESERVATION OF RESOURCES
§ 306131. Standards and guidelines
(a) STANDARDS.—
(1) IN GENERAL.—Each Federal agency that is
responsible for the protection of historic property (including archeological property) pursuant to this division or any other law shall ensure that—
(A) all actions taken by employees or contractors of the agency meet professional
standards under regulations developed by
the Secretary in consultation with the Council, other affected agencies, and the appropriate professional societies of archeology,
architecture, conservation, history, landscape architecture, and planning;
(B) agency personnel or contractors responsible for historic property meet qualification standards established by the Office
of Personnel Management in consultation
with the Secretary and appropriate professional societies of archeology, architecture,
conservation, curation, history, landscape
architecture, and planning; and