National Historic Preservation Act of 1966

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National Historic Preservation Act of 1966

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§ 470

TITLE 16—CONSERVATION

fiscal year under the program, the Secretary
shall submit to the Committee on Energy
and Natural Resources of the Senate, the
Committee on Appropriations of the Senate,
the Committee on Natural Resources of the
House of Representatives, and the Committee on Appropriations of the House of Representatives a list of any eligible projects
that are to be provided grants under the program for the fiscal year.
(7) Cost-sharing requirement
(A) In general
The non-Federal share of the cost of carrying out a project provided a grant under this
section shall be not less than 50 percent of
the total cost of the project.
(B) Form of non-Federal share
The non-Federal share required under subparagraph (A) shall be in the form of—
(i) cash; or
(ii) donated supplies or related services,
the value of which shall be determined by
the Secretary.
(C) Requirement
The Secretary shall ensure that each applicant for a grant has the capacity and a
feasible plan for securing the non-Federal
share for an eligible project required under
subparagraph (A) before a grant is provided
to the eligible project under the program.
(d) Regulations
The Secretary shall develop any guidelines
and issue any regulations that the Secretary determines to be necessary to carry out this section.
(e) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $50,000,000 for each fiscal
year, to remain available until expended.
(Pub. L. 111–11, title VII, § 7303, Mar. 30, 2009, 123
Stat. 1216.)
SUBCHAPTER II—NATIONAL HISTORIC
PRESERVATION
§ 470. Short title; Congressional finding and declaration of policy
(a) This subchapter 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;

Page 850

(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.
(Pub. L. 89–665, § 1, Oct. 15, 1966, 80 Stat. 915; Pub.
L. 96–515, title I, § 101(a), Dec. 12, 1980, 94 Stat.
2987.)
AMENDMENTS
1980—Pub. L. 96–515 added subsec. (a), designated existing provision as subsec. (b), and in subsec. (b) as so
designated, redesignated pars. (a) to (d) as (1), (2), (5),
and (7), respectively, in par. (1) as so redesignated, substituted ‘‘heritage’’ for ‘‘past’’, and added pars. (3), (4),
and (6).
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–453, § 1(a), Dec. 22, 2006, 120 Stat. 3367, provided that: ‘‘This Act [enacting section 470v–2 of this
title and amending sections 470h, 470i, 470m, and 470t of
this title] may be cited as the ‘National Historic Preservation Act Amendments Act of 2006’.’’
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–355, § 1, Oct. 24, 2000, 114 Stat. 1385, provided that: ‘‘This Act [enacting sections 470w–7 and
470w–8 of this title] may be cited as the ‘National Historic Lighthouse Preservation Act of 2000’.’’
Pub. L. 106–208, § 1, May 26, 2000, 114 Stat. 318, provided
that: ‘‘This Act [amending sections 470a, 470b, 470c,
470h, 470h–2, 470h–4, 470n, 470t, 470w, 470w–6, and 470x–3
of this title] may be cited as the ‘National Historic
Preservation Act Amendments of 2000’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–575, title XL, § 4001, Oct. 30, 1992, 106 Stat.
4753, provided that: ‘‘This title [enacting sections
470h–4, 470h–5, and 470x to 470x–6 of this title, amending
sections 466, 470–1, 470a, 470b, 470c, 470h, 470h–2, 470h–3,
470i, 470s, 470t, 470w, and 470w–3 of this title, enacting
provisions set out as notes under section 470a of this
title, and amending provisions set out as a note under
section 461 of this title] may be cited as the ‘National
Historic Preservation Act Amendments of 1992’.’’
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96–515, § 1, Dec. 12, 1980, 94 Stat. 2987, provided:
‘‘That this Act [enacting sections 469c–2, 470–1 470a–1,
470a–2, 470h–2, 470h–3, 470u, 470v and 470w to 470w–6 of

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TITLE 16—CONSERVATION

this title, amending this section and sections 470a, 470b,
470c, 470d, 470h to 470j, 470l, 470m, and 470r to 470t of this
title, and enacting provisions set out as notes under
sections 470a, 470j and 470h of this title and section 874
of former Title 40, Public Buildings, Property, and
Works] may be cited as the ‘National Historic Preservation Act Amendments of 1980’.’’
EX. ORD. NO. 11593. PROTECTION AND ENHANCEMENT OF
THE CULTURAL ENVIRONMENT
Ex. Ord. No. 11593, May 13, 1971, 36 F.R. 8921, provided:
By virtue of the authority vested in me as President
of the United States and in furtherance of the purposes
and policies of the National Environmental Policy Act
of 1969 (83 Stat. 852, 42 U.S.C. 4321 et seq.), the National
Historic Preservation Act of 1966 (80 Stat. 915, 16 U.S.C.
470 et seq.), the Historic Sites Act of 1935 (49 Stat. 666,
16 U.S.C. 461 et seq.), and the Antiquities Act of 1906 (34
Stat. 225, 16 U.S.C. 431 et seq.), it is ordered as follows:
SECTION 1. Policy. The Federal Government shall provide leadership in preserving, restoring and maintaining the historic and cultural environment of the Nation. Agencies of the executive branch of the Government (hereinafter referred to as ‘‘Federal agencies’’)
shall (1) administer the cultural properties under their
control in a spirit of stewardship and trusteeship for future generations, (2) initiate measures necessary to direct their policies, plans and programs in such a way
that federally owned sites, structures, and objects of
historical, architectural or archaeological significance
are preserved, restored and maintained for the inspiration and benefit of the people, and (3), in consultation
with the Advisory Council on Historic Preservation (16
U.S.C. 470i), institute procedures to assure that Federal
plans and programs contribute to the preservation and
enhancement of non-federally owned sites, structures
and objects of historical, architectural or archaeological significance.
SEC. 2. Responsibilities of Federal agencies. Consonant
with the provisions of the acts cited in the first paragraph of this order, the heads of Federal agencies shall:
(a) no later than July 1, 1973, with the advice of the
Secretary of the Interior, and in cooperation with the
liaison officer for historic preservation for the State or
territory involved, locate, inventory, and nominate to
the Secretary of the Interior all sites, buildings, districts, and objects under their jurisdiction or control
that appear to qualify for listing on the National Register of Historic Places.
(b) exercise caution during the interim period until
inventories and evaluations required by subsection (a)
are completed to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished or substantially altered. The agency head shall refer any questionable actions to the Secretary of the Interior for an opinion respecting the property’s eligibility for inclusion on the
National Register of Historic Places. The Secretary
shall consult with the liaison officer for historic preservation for the State or territory involved in arriving at
his opinion. Where, after a reasonable period in which
to review and evaluate the property, the Secretary determines that the property is likely to meet the criteria prescribed for listing on the National Register of
Historic Places, the Federal agency head shall reconsider the proposal in light of national environmental
and preservation policy. Where, after such reconsideration, the Federal agency head proposes to transfer,
sell, demolish or substantially alter the property he
shall not act with respect to the property until the Advisory Council on Historic Preservation shall have been
provided an opportunity to comment on the proposal.
(c) initiate measures to assure that where as a result
of Federal action or assistance a property listed on the
National Register of Historic Places is to be substantially altered or demolished, timely steps be taken to
make or have made records, including measured drawings, photographs and maps, of the property, and that
copy of such records then be deposited in the Library
of Congress as part of the Historic American Buildings

§ 470–1

Survey or Historic American Engineering Record for
future use and reference. Agencies may call on the Department of the Interior for advice and technical assistance in the completion of the above records.
(d) initiate measures and procedures to provide for
the maintenance, through preservation, rehabilitation,
or restoration, of federally owned and registered sites
at professional standards prescribed by the Secretary of
the Interior.
(e) submit procedures required pursuant to subsection
(d) to the Secretary of the Interior and to the Advisory
Council on Historic Preservation no later than January
1, 1972, and annually thereafter, for review and comment.
(f) cooperate with purchasers and transferees of a
property listed on the National Register of Historic
Places in the development of viable plans to use such
property in a manner compatible with preservation objectives and which does not result in an unreasonable
economic burden to public or private interests.
SEC. 3. Responsibilities of the Secretary of the Interior.
The Secretary of the Interior shall:
(a) encourage State and local historic preservation
officials to evaluate and survey federally owned historic properties and, where appropriate, to nominate
such properties for listing on the National Register of
Historic Places.
(b) develop criteria and procedures to be applied by
Federal agencies in the reviews and nominations required by section 2(a). Such criteria and procedures
shall be developed in consultation with the affected
agencies.
(c) expedite action upon nominations to the National
Register of Historic Places concerning federally owned
properties proposed for sale, transfer, demolition or
substantial alteration.
(d) encourage State and Territorial liaison officers
for historic preservation to furnish information upon
request to Federal agencies regarding their properties
which have been evaluated with respect to historic, architectural or archaeological significance and which as
a result of such evaluations have not been found suitable for listing on the National Register of Historic
Places.
(e) develop and make available to Federal agencies
and State and local governments information concerning professional methods and techniques for preserving,
improving, restoring and maintaining historic properties.
(f) advise Federal agencies in the evaluation, identification, preservation, improvement, restoration and
maintenance of historic properties.
(g) review and evaluate the plans of transferees of
surplus Federal properties transferred for historic
monument purposes to assure that the historic character of such properties is preserved in rehabilitation,
restoration, improvement, maintenance and repair of
such properties.
(h) review and comment upon Federal agency procedures submitted pursuant to section 2(e) of this order.
RICHARD NIXON.

§ 470–1. Declaration of policy of the Federal Government
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

§ 470a

TITLE 16—CONSERVATION

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;
(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.
(Pub. L. 89–665, § 2, as added Pub. L. 96–515, title
I, § 101(a), Dec. 12, 1980, 94 Stat. 2988; amended
Pub. L. 102–575, title XL, § 4002, Oct. 30, 1992, 106
Stat. 4753.)
AMENDMENTS
1992—Par. (2). Pub. L. 102–575, § 4002(1), inserted ‘‘and
in the administration of the national preservation program in partnership with States, Indian tribes, Native
Hawaiians, and local governments’’ after ‘‘community
of nations’’.
Par. (6). Pub. L. 102–575, § 4002(2), inserted ‘‘, Indian
tribes and Native Hawaiian organizations’’ after ‘‘local
governments’’.

PART A—PROGRAMS
§ 470a. Historic preservation program
(a) National Register of Historic Places; designation of properties as historic landmarks;
properties deemed included; criteria; nomination of properties by States, local governments or individuals; regulations; review of
threats to properties
(1)(A) The Secretary of the Interior is authorized to expand and maintain a National Register
of Historic Places composed of districts, sites,
buildings, structures, and objects significant in
American history, architecture, archeology, engineering, and culture. Notwithstanding section
1125(c) of title 15, buildings and structures on or
eligible for inclusion on the National Register of
Historic Places (either individually or as part of
a historic district), or designated as an individual landmark or as a contributing building in a
historic district by a unit of State or local government, may retain the name historically associated with the building or structure.
(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 December 12, 1980,
shall be deemed to be included on the National
Register as of their initial listing for purposes of

Page 852

this subchapter. 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 subchapter and sections 461 to 467
of this title; except that in cases of National
Historic Landmark districts for which no boundaries have been established, boundaries must
first be published in the Federal Register.
(2) The Secretary in consultation with national historical and archaeological associations, shall establish or revise criteria for properties to be included on the National Register
and criteria for National Historic Landmarks,
and shall also promulgate or revise regulations
as may be necessary for—
(A) nominating properties for inclusion in,
and removal from, the National Register and
the recommendation of properties by certified
local governments;
(B) designating properties as National Historic Landmarks and removing such designation;
(C) considering appeals from such recommendations, nominations, removals, and designations (or any failure or refusal by a nominating authority to nominate or designate);
(D) nominating historic properties for inclusion in the World Heritage List in accordance
with the terms of the Convention concerning
the Protection of the World Cultural and Natural Heritage;
(E) making determinations of eligibility of
properties for inclusion on the National Register; and
(F) notifying the owner of a property, any
appropriate local governments, and the general public, when the property is being considered for inclusion on the National Register,
for designation as a National Historic Landmark or for nomination to the World Heritage
List.
(3) Subject to the requirements of paragraph
(6), any State which is carrying out a program
approved under subsection (b) of this section,
shall nominate to the Secretary properties
which meet the criteria promulgated under subsection (a) of this section for inclusion on the
National Register. Subject to paragraph (6), any
property nominated under this paragraph or
under section 470h–2(a)(2) of this title shall be
included on the National Register on the date
forty-five days after receipt by the Secretary of
the nomination and the necessary documentation, unless the Secretary disapproves such
nomination within such forty-five day period or
unless an appeal is filed under paragraph (5).
(4) Subject to the requirements of paragraph
(6) the Secretary may accept a nomination directly from any person or local government for
inclusion of a property on the National Register
only if such property is located in a State where
there is no program approved under subsection
(b) of this section. 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).

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TITLE 16—CONSERVATION

Such determination shall be made within ninety
days from the date of the nomination unless the
nomination is appealed under paragraph (5).
(5) Any person or local government may appeal to the Secretary a nomination of any historic property for inclusion on the National
Register and may appeal to the Secretary the
failure or refusal of a nominating authority to
nominate a property in accordance with this
subsection.
(6) The Secretary shall promulgate regulations
requiring that before any property or district
may be included on the National Register or
designated as a National Historic Landmark,
the owner or owners of such property, or a majority of the owners of the properties within the
district in the case of an historic district, shall
be given the opportunity (including a reasonable
period of time) to concur in, or object to, the
nomination of the property or district for such
inclusion or designation. If the owner or owners
of any privately owned property, or a majority
of the owners of such properties within the district in the case of an historic district, object to
such inclusion or designation, such property
shall not be included on the National Register
or designated as a National Historic Landmark
until such objection is withdrawn. The Secretary shall review the nomination of the property or district where any such objection has
been made and shall determine whether or not
the property or district is eligible for such inclusion or designation, and if the Secretary determines that such property or district is eligible
for such inclusion or designation, he shall inform the Advisory Council on Historic Preservation, the appropriate State Historic Preservation Officer, the appropriate chief elected local
official and the owner or owners of such property, of his determination. The regulations
under this paragraph shall include provisions to
carry out the purposes of this paragraph in the
case of multiple ownership of a single property.
(7) The Secretary shall promulgate, or revise,
regulations—
(A) ensuring that significant prehistoric and
historic artifacts, and associated records, subject to section 470h–2 of this title, the Act of
June 27, 1960 (16 U.S.C. 469c) [16 U.S.C. 469 et
seq.], and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa and following) are deposited in an institution with adequate long-term curatorial capabilities;
(B) establishing a uniform process and
standards for documenting historic properties
by public agencies and private parties for purposes of incorporation into, or complementing,
the national historical architectural and engineering records within the Library of Congress; and
(C) certifying local governments, in accordance with subsection (c)(1) of this section and
for the allocation of funds pursuant to section
470c(c) of this title.
(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;

§ 470a

(B) ascertain the causes of the threats; and
(C) develop and submit to the President and
Congress recommendations for appropriate action.
(b) Regulations for State Historic Preservation
Programs; periodic evaluations and fiscal audits of State programs; administration of
State programs; contracts and cooperative
agreements with nonprofit or educational institutions and State Historic Preservation Officers; treatment of State programs as approved programs
(1) The Secretary, in consultation with the National Conference of State Historic Preservation
Officers and the National Trust for Historic
Preservation, shall promulgate or revise regulations for State Historic Preservation Programs.
Such regulations shall provide that a State program submitted to the Secretary under this section shall be approved by the Secretary if he determines that the program—
(A) provides for the designation and appointment by the Governor of a ‘‘State Historic
Preservation Officer’’ to administer such program in accordance with paragraph (3) and for
the employment or appointment by such officer of such professionally qualified staff as
may be necessary for such purposes;
(B) provides for an adequate and qualified
State historic preservation review board designated by the State Historic Preservation Officer unless otherwise provided for by State
law; and
(C) provides for adequate public participation in the State Historic Preservation Program, including the process of recommending
properties for nomination to the National
Register.
(2)(A) Periodically, but not less than every 4
years after the approval of any State program
under this subsection, the Secretary, in consultation with the Council on the appropriate
provisions of this subchapter, and in cooperation
with the State Historic Preservation Officer,
shall evaluate the program to determine whether it is consistent with this subchapter.
(B) If, at any time, the Secretary determines
that a major aspect of a State program is not
consistent with this subchapter, 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 subchapter,
until the program is consistent with this subchapter, unless the Secretary determines that
the program will be made consistent with this
subchapter 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.

§ 470a

TITLE 16—CONSERVATION

The Secretary may also conduct periodic fiscal
audits of State programs approved under this
section as needed and shall ensure that such programs meet applicable accountability standards.
(3) It shall be the responsibility of the State
Historic Preservation Officer to administer the
State Historic Preservation Program and to—
(A) in cooperation with Federal and State
agencies, local governments, and private organizations and individuals, direct and conduct a
comprehensive statewide survey of historic
properties and maintain inventories of such
properties;
(B) identify and nominate eligible properties
to the National Register and otherwise administer applications for listing historic properties on the National Register;
(C) prepare and implement a comprehensive
statewide historic preservation plan;
(D) administer the State program of Federal
assistance for historic preservation within the
State;
(E) advise and assist, as appropriate, Federal
and State agencies and local governments in
carrying out their historic preservation responsibilities;
(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) of this
section;
(I) consult with appropriate Federal agencies
in accordance with this subchapter on—
(i) Federal undertakings that may affect
historic properties; and
(ii) the content and sufficiency of any
plans developed to protect, manage, or reduce or mitigate harm to such properties;
and
(J) advise and assist in the evaluation of
proposals for rehabilitation projects that may
qualify for Federal assistance.
(4) Any State may carry out all or any part of
its responsibilities under this subsection by contract or cooperative agreement with any qualified nonprofit organization or educational institution.
(5) Any State historic preservation program in
effect under prior authority of law may be treated as an approved program for purposes of this
subsection until the earlier of—
(A) the date on which the Secretary approves a program submitted by the State
under this subsection, or
(B) three years after October 30, 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

Page 854

or more of the following responsibilities within
that State—
(i) Identification and preservation of historic
properties.
(ii) Determination of the eligibility of properties for listing on the National Register.
(iii) Preparation of nominations for inclusion on the National Register.
(iv) Maintenance of historical and archaeological data bases.
(v) Evaluation of eligibility for Federal preservation incentives.
Nothing in this paragraph shall be construed to
provide that any State Historic Preservation Officer or any other person other than the Secretary shall have the authority to maintain the
National Register for properties in any State.
(B) The Secretary may enter into a contract
or cooperative agreement under subparagraph
(A) only if—
(i) the State Historic Preservation Officer
has requested the additional responsibility;
(ii) the Secretary has approved the State
historic preservation program pursuant to
subsection (b)(1) and (2) of this section;
(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.
(c) Certification of local governments by State
Historic Preservation Officer; transfer of
portion of grants; certification by Secretary;
nomination of properties by local governments for inclusion on National Register
(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 subchapter and provide for the
transfer, in accordance with section 470c(c) of
this title, of a portion of the grants received by
the States under this subchapter, to such local
governments. Any local government shall be
certified to participate under the provisions of
this section if the applicable State Historic
Preservation Officer, and the Secretary, certifies that the local government—

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TITLE 16—CONSERVATION

(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) of this section;
(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 subchapter.
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 subsection (a) of this
section. The State may expedite such process
with the concurrence of the certified local government.
(B) If both the commission and the chief local
elected official recommend that a property not
be nominated to the National Register, the
State Historic Preservation Officer shall take no
further action, unless within thirty days of the
receipt of such recommendation by the State
Historic Preservation Officer an appeal is filed
with the State. If such an appeal is filed, the
State shall follow the procedures for making a
nomination pursuant to subsection (a) of this
section. Any report and recommendations made
under this section shall be included with any
nomination submitted by the State to the Secretary.
(3) Any local government certified under this
section or which is making efforts to become so
certified shall be eligible for funds under the
provisions of section 470c(c) of this title, 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

§ 470a

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 this subsection.
(d) Historic properties of Indian tribes
(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 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) of this section, 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
470f of this title), 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

§ 470a

TITLE 16—CONSERVATION

specified in the plan provided under subparagraph (C);
(ii) that the plan defines the remaining responsibilities of the Secretary and the State
Historic Preservation Officer; and
(iii) that the plan provides, with respect to
properties neither owned by a member of the
tribe nor held in trust by the Secretary for
the benefit of the tribe, at the request of the
owner thereof, the State Historic Preservation Officer, in addition to the tribal preservation official, may exercise the historic
preservation responsibilities in accordance
with subsections (b)(2) and (b)(3) of this section; 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 470c(a) of
this title 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) of this section 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 subchapter; 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 470f of this
title, if the Council, after consultation with the
tribe and appropriate State Historic Preservation Officers, determines that the tribal preservation regulations will afford historic properties
consideration equivalent to those afforded by
the Council’s regulations.
(6)(A) Properties of traditional religious and
cultural importance to an Indian tribe or Native
Hawaiian organization may be determined to be
eligible for inclusion on the National Register.
(B) In carrying out its responsibilities under
section 470f of this title, a Federal agency shall

Page 856

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) of this section, 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) Matching grants to States; grants to National
Trust for Historic Preservation in the United
States; program of direct grants for preservation of properties included on National Register; grants or loans to Indian tribes and
ethnic or minority groups for preservation of
cultural heritage; grants for religious properties; direct grants to Indian tribes, Native
Hawaiian organizations, and Micronesian
States
(1) The Secretary shall administer a program
of matching grants to the States for the purposes of carrying out this subchapter.
(2) The Secretary may administer grants to
the National Trust for Historic Preservation in
the United States, chartered by sections 468 to
468d of this title consistent with the purposes of
its charter and this subchapter.
(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 470h of this title. 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
(iv) to assist persons or small businesses
within any historic district included in the
National Register to remain within the district.

Page 857

TITLE 16—CONSERVATION

(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
470d of this title.
(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 subchapter as it pertains to Indian
tribes and Native Hawaiian organizations.
Matching fund requirements may be modified.
Federal funds available to a tribe or Native Hawaiian organization may be used as matching
funds for the purposes of the tribe’s or organization’s conducting its responsibilities pursuant
to this section.
(6)(A) As part of the program of matching
grant assistance from the Historic Preservation
Fund to States, the Secretary shall administer a
program of direct grants to the Federated
States of Micronesia, the Republic of the Marshall Islands, the Trust Territory of the Pacific
Islands, and upon termination of the Trusteeship Agreement for the Trust Territory of the
Pacific Islands, the Republic of Palau (referred
to as the Micronesian States) in furtherance of
the Compact of Free Association between the
United States and the Federated States of Micronesia and the Marshall Islands, approved by
the Compact of Free Association Act of 1985 [48
U.S.C. 1901 et seq., 2001 et seq.], 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. 1931 et
seq.]. 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.

§ 470a

(f) Prohibition of use of funds for compensation
of intervenors in preservation program
No part of any grant made under this section
may be used to compensate any person intervening in any proceeding under this subchapter.
(g) Guidelines for Federal agency responsibility
for agency-owned historic properties
In consultation with the Advisory Council on
Historic Preservation, the Secretary shall promulgate guidelines for Federal agency responsibilities under section 470h–2 of this title.
(h) Professional standards for preservation of
federally owned or controlled historic properties
Within one year after December 12, 1980, the
Secretary shall establish, in consultation with
the Secretaries of Agriculture and Defense, the
Smithsonian Institution, and the Administrator
of the General Services Administration, professional standards for the preservation of historic
properties in Federal ownership or control.
(i) Dissemination of information concerning professional methods and techniques for preservation of historic properties
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) Preservation education and training program
(1) The Secretary shall, in consultation with
the Council and other appropriate Federal, tribal, Native Hawaiian, and non-Federal organizations, develop and implement a comprehensive
preservation education and training program.
(2) The education and training program described in paragraph (1) shall include—
(A) new standards and increased preservation training opportunities for Federal workers involved in preservation-related functions;
(B) increased preservation training opportunities for other Federal, State, tribal and local
government workers, and students;
(C) technical or financial assistance, or both,
to historically black colleges and universities,
to tribal colleges, and to colleges with a high
enrollment of Native Americans or Native Hawaiians, to establish preservation training and
degree programs; and
(D) coordination of the following activities,
where appropriate, with the National Center
for Preservation Technology and Training—
(i) distribution of information on preservation technologies;
(ii) provision of training and skill development in trades, crafts, and disciplines related to historic preservation in Federal training and development programs; and
(iii) support for research, analysis, conservation, curation, interpretation, and display related to preservation.

§ 470a

TITLE 16—CONSERVATION

(Pub. L. 89–665, title I, § 101, Oct. 15, 1966, 80 Stat.
915; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139;
Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1942; amended Pub. L. 96–205,
title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92;
Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94
Stat.
2988;
Pub.
L.
102–575,
title
XL,
§§ 4003–4006(a), 4007, 4008, Oct. 30, 1992, 106 Stat.
4753–4755, 4758; Pub. L. 103–437, § 6(d)(29), Nov. 2,
1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title
VIII, § 814(d)(2)(F), Nov. 12, 1996, 110 Stat. 4196;
Pub. L. 106–113, div. B, § 1000(a)(9) [title III,
§ 3007], Nov. 29, 1999, 113 Stat. 1536, 1501A–551;
Pub. L. 106–208, § 5(a)(1)–(4), May 26, 2000, 114
Stat. 318.)
REFERENCES IN TEXT
The effective date of this Act, referred to in subsec.
(a)(1)(B), probably means the effective date of the National Historic Preservation Act Amendments of 1980,
Pub. L. 96–515, approved Dec. 12, 1980, rather than the
effective date of the National Historic Preservation
Act, Pub. L. 89–665, which was approved Oct. 15, 1966.
Act of June 27, 1960 (16 U.S.C. 469c), referred to in subsec. (a)(7)(A), is Pub. L. 86–523, June 27, 1960, 74 Stat.
220, which enacted sections 469 to 469c–1 of this title.
For complete classification of this Act to the Code, see
Tables.
The Archaeological Resources Protection Act of 1979
(16 U.S.C. 470aa and following), referred to in subsec.
(a)(7)(A), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721,
which is classified generally to chapter 1B (§ 470aa et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 470aa of this title and Tables.
Sections 468 to 468d of this title, referred to in subsec.
(e)(2), was in the original ‘‘an Act of Congress approved
October 26, 1949 (63 Stat. 947)’’, probably meaning Act
Oct. 26, 1949, ch. 755, 63 Stat. 927, which is classified to
sections 468 to 468d of this title. For complete classification of this Act to the Code, see Tables.
The Compact of Free Association Act of 1985, referred
to in subsec. (e)(6)(A), is Pub. L. 99–239, Jan. 14, 1986, 99
Stat. 1770, which is classified principally to part A of
subchapter I (§ 1901 et seq.) of chapter 18 and chapter 19
(§ 2001 et seq.) of Title 48, Territories and Insular Possessions. For complete classification of this Act to the
Code, see Short Title note set out under section 1901 of
Title 48 and Tables.
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’’, referred to in subsec. (e)(6)(A), is Pub. L.
99–658, Nov. 14, 1986, 100 Stat. 3672, which is classified
generally to part A (§ 1931 et seq.) of subchapter II of
chapter 18 of Title 48. For complete classification of
this Act to the Code, see Tables.
AMENDMENTS
2000—Subsec. (d)(2)(D)(ii). Pub. L. 106–208, § 5(a)(1), inserted ‘‘and’’ after semicolon.
Subsec. (e)(2). Pub. L. 106–208, § 5(a)(2), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘The Secretary shall administer a program of
matching grant-in-aid to the National Trust for Historic Preservation in the United States, chartered by
sections 468 to 468e of this title, for the purposes of carrying out the responsibilities of the National Trust.’’
Subsec. (e)(3)(A)(iii). Pub. L. 106–208, § 5(a)(3), substituted comma for semicolon after ‘‘preservation’’.
Subsec. (j)(2)(C). Pub. L. 106–208, § 5(a)(4), inserted
‘‘and’’ after semicolon at end.
1999—Subsec. (a)(1)(A). Pub. L. 106–113 inserted at end
‘‘Notwithstanding section 1125(c) of title 15, buildings
and structures on or eligible for inclusion on the National Register of Historic Places (either individually
or as part of a historic district), or designated as an in-

Page 858

dividual landmark or as a contributing building in a
historic district by a unit of State or local government,
may retain the name historically associated with the
building or structure.’’
1996—Subsec. (a)(1)(B). Pub. L. 104–333 inserted period
after ‘‘published in the Federal Register’’ and struck
out at end ‘‘and submitted to the Committee on Energy
and Natural Resources of the United States Senate and
to the Committee on Natural Resources of the United
States House of Representatives.’’
1994—Subsec. (a)(1)(B). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
1992—Subsec. (a)(8). Pub. L. 102–575, § 4003, added par.
(8).
Subsec. (b)(2). Pub. L. 102–575, § 4004(1), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘Periodically, but not less than every four years
after the approval of any State program under this subsection, the Secretary shall evaluate such program to
make a determination as to whether or not it is in
compliance with the requirements of this subchapter. If
at any time, the Secretary determines that a State program does not comply with such requirements, he shall
disapprove such program, and suspend in whole or in
part assistance to such State under subsection (d)(1) of
this section, unless there are adequate assurances that
the program will comply with such requirements within a reasonable period of time. The Secretary may also
conduct periodic fiscal audits of State programs approved under this section.’’
Subsec. (b)(3). Pub. L. 102–575, § 4004(2), substituted
‘‘in historic preservation;’’ for ‘‘relating to the Federal
and State Historic Preservation Programs; and’’ in subpar. (G) and added subpars. (I) and (J).
Subsec. (b)(5)(B). Pub. L. 102–575, § 4004(3), substituted
‘‘October 30, 1992’’ for ‘‘December 12, 1980’’.
Subsec. (b)(6). Pub. L. 102–575, § 4004(4), added par. (6).
Subsec. (c)(4). Pub. L. 102–575, § 4005, added par. (4).
Subsec. (d). Pub. L. 102–575, § 4006(a)(2), added subsec.
(d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 102–575, § 4007, amended par. (1)
generally and added pars. (4) to (6). Prior to amendment, par. (1) read as follows: ‘‘The Secretary shall administer a program of matching grants-in-aid to the
States for historic preservation projects, and State historic preservation programs, approved by the Secretary
and having as their purpose the identification of historic properties and the preservation of properties included on the National Register.’’
Pub. L. 102–575, § 4006(a)(1), redesignated subsec. (d) as
(e). Former subsec. (e) redesignated (f).
Subsecs. (f) to (i). Pub. L. 102–575, § 4006(a)(1), redesignated subsecs. (e) to (h) as (f) to (i), respectively.
Subsec. (j). Pub. L. 102–575, § 4008, added subsec. (j).
1980—Subsec. (a). Pub. L. 96–515 substituted provision
designating certain properties as National Historical
Landmarks, providing for establishment by the Secretary of the Interior of criteria for inclusion on or removal from the National Register, designation of properties as National Historical Landmarks and removal
of such designation, and nomination of properties for
inclusion in the World Heritage List, authorizing any
State, local government, or person to nominate properties for inclusion on the National Register and to appeal a nomination or refusal to nominate, requiring
that before property be included on the National Register or designated as a National Historic Landmark,
the owner or owners of the property be given an opportunity to concur in, or object to, its inclusion, and authorizing the Secretary to promulgate regulations to
ensure that significant prehistoric and historic artifacts and records receive proper treatment, to establish
standards for documenting historic properties for incorporation in the national historical, architectural,
and engineering records within the Library of Congress,
and to certify local governments for allocation of
funds, for provision authorizing the Secretary to grant
funds to States for preparing comprehensive statewide
historic surveys and plans for preservation and acquisi-

Page 859

TITLE 16—CONSERVATION

tion of historic properties, to establish programs of
matching grants-in-aid to States for the purpose of historical preservation and to the National Trust for Historic Preservation in the United States for the purpose
of carrying out the responsibilities of the National
Trust, and to withhold from disclosure to the public,
information relating to the location of sites or objects
listed on the National Register whenever he determines
that disclosure of specific information would create a
risk of destruction or harm to such sites or objects.
Pub. L. 96–205, § 608(a)(1), in par. (2) struck out ‘‘and’’
after ‘‘culture;’’, and in par. (3) substituted ‘‘Trust;
and’’ for ‘‘Trust.’’.
Subsec. (b). Pub. L. 96–515 substituted provision authorizing the establishment of State Historic Preservation Programs, providing for periodic evaluation of
these programs and periodic fiscal audits, prescribing
the responsibilities of the State Historic Preservation
Officer, and designating the period within which prior
State historic preservation programs are to remain in
effect for provision defining the terms ‘‘State’’,
‘‘project’’, ‘‘historic preservation’’, and ‘‘Secretary’’.
Pub. L. 96–205, § 608(a)(2), inserted reference to the
Commonwealth of the Northern Mariana Islands.
Subsecs. (c) to (h). Pub. L. 96–515 added subsecs. (c) to
(h).
1976—Subsec. (a)(4). Pub. L. 91–383, § 11, as added Pub.
L. 94–458, § 2, added par. (4).
1973—Subsec. (b)(1). Pub. L. 93–54 defined ‘‘State’’ to
include the Trust Territory of the Pacific Islands.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands and the Trusteeship Agreement, see note set out
preceding section 1681 of Title 48, Territories and Insular Possessions.
ST. AUGUSTINE 450TH COMMEMORATION COMMISSION
Pub. L. 111–11, title VII, § 7404, Mar. 30, 2009, 123 Stat.
1219, provided that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COMMEMORATION.—The term ‘commemoration’
means the commemoration of the 450th anniversary
of the founding of the settlement of St. Augustine,
Florida.
‘‘(2) COMMISSION.—The term ‘Commission’ means
the St. Augustine 450th Commemoration Commission
established by subsection (b)(1).
‘‘(3) GOVERNOR.—The term ‘Governor’ means the
Governor of the State.
‘‘(4) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(5) STATE.—
‘‘(A) IN GENERAL.—The term ‘State’ means the
State of Florida.
‘‘(B) INCLUSION.—The term ‘State’ includes agencies and entities of the State of Florida.
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established a commission, to be known as the ‘St. Augustine 450th Commemoration Commission’.
‘‘(2) MEMBERSHIP.—
‘‘(A) COMPOSITION.—The Commission shall be
composed of 14 members, of whom—
‘‘(i) 3 members shall be appointed by the Secretary, after considering the recommendations of
the St. Augustine City Commission;
‘‘(ii) 3 members shall be appointed by the Secretary, after considering the recommendations of
the Governor;
‘‘(iii) 1 member shall be an employee of the National Park Service having experience relevant to
the historical resources relating to the city of St.
Augustine and the commemoration, to be appointed by the Secretary;
‘‘(iv) 1 member shall be appointed by the Secretary, taking into consideration the recommendations of the Mayor of the city of St. Augustine;

§ 470a

‘‘(v) 1 member shall be appointed by the Secretary, after considering the recommendations of
the Chancellor of the University System of Florida; and
‘‘(vi) 5 members shall be individuals who are
residents of the State who have an interest in,
support for, and expertise appropriate to the commemoration, to be appointed by the Secretary,
taking into consideration the recommendations
of Members of Congress.
‘‘(B) TIME OF APPOINTMENT.—Each appointment of
an initial member of the Commission shall be made
before the expiration of the 120-day period beginning on the date of enactment of this Act [Mar. 30,
2009].
‘‘(C) TERM; VACANCIES.—
‘‘(i) TERM.—A member of the Commission shall
be appointed for the life of the Commission.
‘‘(ii) VACANCIES.—
‘‘(I) IN GENERAL.—A vacancy on the Commission shall be filled in the same manner in which
the original appointment was made.
‘‘(II) PARTIAL TERM.—A member appointed to
fill a vacancy on the Commission shall serve for
the remainder of the term for which the predecessor of the member was appointed.
‘‘(iii) CONTINUATION OF MEMBERSHIP.—If a member of the Commission was appointed to the Commission as Mayor of the city of St. Augustine or
as an employee of the National Park Service or
the State University System of Florida, and
ceases to hold such position, that member may
continue to serve on the Commission for not
longer than the 30-day period beginning on the
date on which that member ceases to hold the position.
‘‘(3) DUTIES.—The Commission shall—
‘‘(A) plan, develop, and carry out programs and
activities appropriate for the commemoration;
‘‘(B) facilitate activities relating to the commemoration throughout the United States;
‘‘(C) encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand understanding and appreciation of the significance of the founding and continuing history of St.
Augustine;
‘‘(D) provide technical assistance to States, localities, and nonprofit organizations to further the
commemoration;
‘‘(E) coordinate and facilitate for the public
scholarly research on, publication about, and interpretation of, St. Augustine;
‘‘(F) ensure that the commemoration provides a
lasting legacy and long-term public benefit by assisting in the development of appropriate programs;
and
‘‘(G) help ensure that the observances of the foundation of St. Augustine are inclusive and appropriately recognize the experiences and heritage of
all individuals present when St. Augustine was
founded.
‘‘(c) COMMISSION MEETINGS.—
‘‘(1) INITIAL MEETING.—Not later than 30 days after
the date on which all members of the Commission
have been appointed, the Commission shall hold the
initial meeting of the Commission.
‘‘(2) MEETINGS.—The Commission shall meet—
‘‘(A) at least 3 times each year; or
‘‘(B) at the call of the Chairperson or the majority of the members of the Commission.
‘‘(3) QUORUM.—A majority of the voting members
shall constitute a quorum, but a lesser number may
hold meetings.
‘‘(4) CHAIRPERSON AND VICE CHAIRPERSON.—
‘‘(A) ELECTION.—The Commission shall elect the
Chairperson and the Vice Chairperson of the Commission on an annual basis.
‘‘(B) ABSENCE OF THE CHAIRPERSON.—The Vice
Chairperson shall serve as the Chairperson in the
absence of the Chairperson.

§ 470a

TITLE 16—CONSERVATION

‘‘(5) VOTING.—The Commission shall act only on an
affirmative vote of a majority of the members of the
Commission.
‘‘(d) COMMISSION POWERS.—
‘‘(1) GIFTS.—The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of
money or other property for aiding or facilitating the
work of the Commission.
‘‘(2) APPOINTMENT OF ADVISORY COMMITTEES.—The
Commission may appoint such advisory committees
as the Commission determines to be necessary to
carry out this section.
‘‘(3) AUTHORIZATION OF ACTION.—The Commission
may authorize any member or employee of the Commission to take any action that the Commission is
authorized to take under this section.
‘‘(4) PROCUREMENT.—
‘‘(A) IN GENERAL.—The Commission may procure
supplies, services, and property, and make or enter
into contracts, leases, or other legal agreements, to
carry out this section (except that a contract,
lease, or other legal agreement made or entered
into by the Commission shall not extend beyond
the date of termination of the Commission).
‘‘(B) LIMITATION.—The Commission may not purchase real property.
‘‘(5) POSTAL SERVICES.—The Commission may use
the United States mails in the same manner and
under the same conditions as other agencies of the
Federal Government.
‘‘(6) GRANTS AND TECHNICAL ASSISTANCE.—The Commission may—
‘‘(A) provide grants in amounts not to exceed
$20,000 per grant to communities and nonprofit organizations for use in developing programs to assist
in the commemoration;
‘‘(B) provide grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of St. Augustine; and
‘‘(C) provide technical assistance to States, localities, and nonprofit organizations to further the
commemoration.
‘‘(e) COMMISSION PERSONNEL MATTERS.—
‘‘(1) COMPENSATION OF MEMBERS.—
‘‘(A) IN GENERAL.—Except as provided in paragraph (2), a member of the Commission shall serve
without compensation.
‘‘(B) FEDERAL EMPLOYEES.—A member of the
Commission who is an officer or employee of the
Federal Government shall serve without compensation other than the compensation received for the
services of the member as an officer or employee of
the Federal Government.
‘‘(2) TRAVEL EXPENSES.—A member of the Commission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the
home or regular place of business of the member in
the performance of the duties of the Commission.
‘‘(3) DIRECTOR AND STAFF.—
‘‘(A) IN GENERAL.—The Chairperson of the Commission may, without regard to the civil service
laws (including regulations), nominate an executive
director to enable the Commission to perform the
duties of the Commission.
‘‘(B) CONFIRMATION OF EXECUTIVE DIRECTOR.—The
employment of an executive director shall be subject to confirmation by the Commission.
‘‘(4) COMPENSATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Commission may fix the compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates.
‘‘(B) MAXIMUM RATE OF PAY.—The rate of pay for
the executive director and other personnel shall not

Page 860

exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
‘‘(5) DETAIL OF GOVERNMENT EMPLOYEES.—
‘‘(A) FEDERAL EMPLOYEES.—
‘‘(i) DETAIL.—At the request of the Commission,
the head of any Federal agency may detail, on a
reimbursable or nonreimbursable basis, any of the
personnel of the agency to the Commission to assist the Commission in carrying out the duties of
the Commission under this section.
‘‘(ii) CIVIL SERVICE STATUS.—The detail of an
employee under clause (i) shall be without interruption or loss of civil service status or privilege.
‘‘(B) STATE EMPLOYEES.—The Commission may—
‘‘(i) accept the services of personnel detailed
from the State; and
‘‘(ii) reimburse the State for services of detailed
personnel.
‘‘(6) PROCUREMENT OF TEMPORARY AND INTERMITTENT
SERVICES.—The Chairperson of the Commission may
procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
‘‘(7) VOLUNTEER AND UNCOMPENSATED SERVICES.—
Notwithstanding section 1342 of title 31, United
States Code, the Commission may accept and use
such voluntary and uncompensated services as the
Commission determines to be necessary.
‘‘(8) SUPPORT SERVICES.—
‘‘(A) IN GENERAL.—The Secretary shall provide to
the Commission, on a reimbursable basis, such administrative support services as the Commission
may request.
‘‘(B) REIMBURSEMENT.—Any reimbursement under
this paragraph shall be credited to the appropriation, fund, or account used for paying the amounts
reimbursed.
‘‘(9) FACA NONAPPLICABILITY.—Section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
‘‘(10) NO EFFECT ON AUTHORITY.—Nothing in this
subsection supersedes the authority of the State, the
National Park Service, the city of St. Augustine, or
any designee of those entities, with respect to the
commemoration.
‘‘(f) PLANS; REPORTS.—
‘‘(1) STRATEGIC PLAN.—The Commission shall prepare a strategic plan for the activities of the Commission carried out under this section.
‘‘(2) FINAL REPORT.—Not later than September 30,
2015, the Commission shall complete and submit to
Congress a final report that contains—
‘‘(A) a summary of the activities of the Commission;
‘‘(B) a final accounting of funds received and expended by the Commission; and
‘‘(C) the findings and recommendations of the
Commission.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated to the Commission to carry out this section
$500,000 for each of fiscal years 2009 through 2015.
‘‘(2) AVAILABILITY.—Amounts made available under
paragraph (1) shall remain available until December
31, 2015.
‘‘(h) TERMINATION OF COMMISSION.—
‘‘(1) DATE OF TERMINATION.—The Commission shall
terminate on December 31, 2015.
‘‘(2) TRANSFER OF DOCUMENTS AND MATERIALS.—Before the date of termination specified in paragraph
(1), the Commission shall transfer all documents and
materials of the Commission to the National Archives or another appropriate Federal entity.’’
RECOVERY OF FEES FOR REVIEW SERVICES FOR
HISTORIC PRESERVATION TAX CERTIFICATION
Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A–142, provided in part: ‘‘That

Page 861

TITLE 16—CONSERVATION

notwithstanding any other provision of law, the National Park Service may hereafter recover all fees derived from providing necessary review services associated with historic preservation tax certification, and
such funds shall be available until expended without
further appropriation for the costs of such review services’’.
WOMEN’S PROGRESS COMMEMORATION
Pub. L. 105–341, Oct. 31, 1998, 112 Stat. 3196, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Women’s Progress
Commemoration Act’.
‘‘SEC. 2. DECLARATION.
‘‘Congress declares that—
‘‘(1) the original Seneca Falls Convention, held in
upstate New York in July 1848, convened to consider
the social conditions and civil rights of women at
that time;
‘‘(2) the convention marked the beginning of an admirable and courageous struggle for equal rights for
women;
‘‘(3) the 150th Anniversary of the convention provides an excellent opportunity to examine the history
of the women’s movement; and
‘‘(4) a Federal Commission should be established for
the important task of ensuring the historic preservation of sites that have been instrumental in American women’s history, creating a living legacy for
generations to come.
‘‘SEC. 3. ESTABLISHMENT OF COMMISSION.
‘‘(a) ESTABLISHMENT.—There is established a commission to be known as the ‘Women’s Progress Commemoration Commission’ (referred to in this Act as the
‘Commission’).
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Commission shall be composed of 15 members, of whom—
‘‘(A) 3 shall be appointed by the President;
‘‘(B) 3 shall be appointed by the Speaker of the
House of Representatives;
‘‘(C) 3 shall be appointed by the minority leader
of the House of Representatives;
‘‘(D) 3 shall be appointed by the majority leader
of the Senate; and
‘‘(E) 3 shall be appointed by the minority leader
of the Senate.
‘‘(2) PERSONS ELIGIBLE.—
‘‘(A) IN GENERAL.—The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members
may be from the public or private sector, and may
include Federal, State, or local employees, members of academia, nonprofit organizations, or industry, or other interested individuals.
‘‘(B) DIVERSITY.—It is the intent of Congress that
persons appointed to the Commission under paragraph (1) be persons who represent diverse economic, professional, and cultural backgrounds.
‘‘(3) CONSULTATION AND APPOINTMENT.—
‘‘(A) IN GENERAL.—The President, Speaker of the
House of Representatives, minority leader of the
House of Representatives, majority leader of the
Senate, and minority leader of the Senate shall
consult among themselves before appointing the
members of the Commission in order to achieve, to
the maximum extent practicable, fair and equitable
representation of various points of view with respect to the matters to be studied by the Commission.
‘‘(B) COMPLETION OF APPOINTMENTS; VACANCIES.—
The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority
leader of the Senate shall conduct the consultation
under subparagraph (3) and make their respective

§ 470a

appointments not later than 60 days after the date
of enactment of this Act [Oct. 31, 1998].
‘‘(4) VACANCIES.—A vacancy in the membership of
the Commission shall not affect the powers of the
Commission and shall be filled in the same manner as
the original appointment not later than 30 days after
the vacancy occurs.
‘‘(c) MEETINGS.—
‘‘(1) INITIAL MEETING.—Not later than 30 days after
the date on which all members of the Commission
have been appointed, the Commission shall hold its
first meeting.
‘‘(2) SUBSEQUENT MEETINGS.—After the initial meeting, the Commission shall meet at the call of the
Chairperson.
‘‘(d) QUORUM.—A majority of the members of the
Commission shall constitute a quorum for the transaction of business, but a lesser number of members may
hold hearings.
‘‘(e) CHAIRPERSON AND VICE CHAIRPERSON.—The Commission shall select a Chairperson and Vice Chairperson from among its members.
‘‘SEC. 4. DUTIES OF THE COMMISSION.
‘‘Not later than 1 year after the initial meeting of the
Commission, the Commission, in cooperation with the
Secretary of the Interior and other appropriate Federal, State, and local public and private entities, shall
prepare and submit to the Secretary of the Interior a
report that—
‘‘(1) identifies sites of historical significance to the
women’s movement; and
‘‘(2) recommends actions, under the National Historic Preservation Act (16 U.S.C. 470 et seq.) and
other law, to rehabilitate and preserve the sites and
provide to the public interpretive and educational
materials and activities at the sites.
‘‘SEC. 5. POWERS OF THE COMMISSION.
‘‘(a) HEARINGS.—The Commission may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the Commission considers advisable to carry out its duties of
this Act.
‘‘(b) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of
this Act. At the request of the Chairperson of the Commission, the head of such department or agency shall
furnish such information to the Commission.
‘‘SEC. 6. COMMISSION PERSONNEL MATTERS.
‘‘(a) COMPENSATION OF MEMBERS.—A member of the
Commission who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for a position at
level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including
travel time) during which the member is engaged in the
performance of the duties of the Commission. A member of the Commission who is otherwise an officer or
employee of the United States shall serve without compensation in addition to that received for services as an
officer or employee of the United States.
‘‘(b) TRAVEL EXPENSES.—A member of the Commission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from the home
or regular place of business of the member in the performance of service for the Commission.
‘‘(c) STAFF.—
‘‘(1) IN GENERAL.—The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as
may be necessary to enable the Commission to perform its duties. The employment and termination of
an executive director shall be subject to confirmation
by a majority of the members of the Commission.

§ 470a

TITLE 16—CONSERVATION

‘‘(2) COMPENSATION.—The executive director shall
be compensated at a rate not to exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
The Chairperson may fix the compensation of other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate
of pay for such personnel may not exceed the rate
payable for a position at level V of the Executive
Schedule under section 5316 of that title.
‘‘(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee, with the approval of the
head of the appropriate Federal agency, may be detailed to the Commission without reimbursement,
and the detail shall be without interruption or loss of
civil service status, benefits, or privilege.
‘‘(d) PROCUREMENT OF TEMPORARY AND INTERMITTENT
SERVICES.—The Chairperson of the Commission may
procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for
individuals not to exceed the daily equivalent of the
annual rate of basic pay prescribed for a position at
level V of the Executive Schedule under section 5316 of
that title.
‘‘SEC. 7. FUNDING.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Commission such
sums as are necessary to carry out this Act.
‘‘(b) DONATIONS.—The Commission may accept donations from non-Federal sources to defray the costs of
the operations of the Commission.
‘‘SEC. 8. TERMINATION.
‘‘The Commission shall terminate on the date that is
30 days after the date on which the Commission submits to the Secretary of the Interior the report under
section 4(b) [sic].
‘‘SEC. 9. REPORTS TO CONGRESS.
‘‘Not later than 2 years and not later than 5 years
after the date on which the Commission submits to the
Secretary of the Interior the report under section 4, the
Secretary of the Interior shall submit to Congress a report describing the actions that have been taken to
preserve the sites identified in the Commission report
as being of historical significance.’’
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
HISTORIC BUILDING RESTORATION AND PRESERVATION
Pub. L. 104–333, div. I, title V, § 507, Nov. 12, 1996, 110
Stat. 4156, as amended by Pub. L. 108–7, div. F, title I,
§ 150, Feb. 20, 2003, 117 Stat. 245, provided that:
‘‘(a) AUTHORITY TO MAKE GRANTS.—From the
amounts made available to carry out the National Historic Preservation Act [16 U.S.C. 470 et seq.], the Secretary of the Interior shall make grants in accordance
with this section to eligible historically black colleges
and universities for the preservation and restoration of
historic buildings and structures on the campus of
these institutions.
‘‘(b) GRANT CONDITIONS.—Grants made under subsection (a) shall be subject to the condition that the
grantee covenants, for the period of time specified by
the Secretary, that—
‘‘(1) no alteration will be made in the property with
respect to which the grant is made without the concurrence of the Secretary; and
‘‘(2) reasonable public access to the property with
respect to which the grant is made will be permitted
by the grantee for interpretive and educational purposes.
‘‘(c) MATCHING REQUIREMENT FOR BUILDINGS AND
STRUCTURES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES.—
‘‘(1) IN GENERAL.—Except as provided by paragraphs
(2) and (3), the Secretary may obligate funds made
available under this section for a grant with respect
to a building or structure listed on, or eligible for

Page 862

listing on, the National Register of Historic Places
only if the grantee agrees to match, from funds derived from non-Federal sources, the amount of the
grant with an amount that is equal or greater than
the grant.
‘‘(2) WAIVER.—The Secretary may waive paragraphs
(1) and (3) with respect to a grant if the Secretary determines from circumstances that an extreme emergency exists or that such a waiver is in the public interest to assure the preservation of historically significant resources.
‘‘(3) EXCEPTION.—The Secretary shall not obligate
funds made available under subsection (d)(2) for a
grant with respect to a building or structure listed
on, or eligible for listing on, the National Register of
Historic Places unless the grantee agrees to provide,
from funds derived from non-Federal sources, an
amount that is equal to 30 percent of the total cost
of the project for which the grant is provided.
‘‘(d) FUNDING PROVISION.—
‘‘(1) IN GENERAL.—Under section 108 of the National
Historic Preservation Act [16 U.S.C. 470h], $29,000,000
shall be made available to carry out the purposes of
this section. Of amounts made available pursuant to
this section, $5,000,000 shall be available for grants to
Fisk University, $2,500,000 shall be available for
grants to Knoxville College, $2,000,000 shall be available for grants to Miles College, Alabama, $1,500,000
shall be available for grants to Talladega College,
Alabama, $1,550,000 shall be available for grants to
Selma University, Alabama, $250,000 shall be available for grants to Stillman College, Alabama, $200,000
shall be available for grants to Concordia College,
Alabama, $2,900,000 shall be available for grants to
Allen University, South Carolina, $1,000,000 shall be
available for grants to Claflin College, South Carolina, $2,000,000 shall be available for grants to Voorhees College, South Carolina, $1,000,000 shall be available for grants to Rust College, Mississippi, and
$3,000,000 shall be available for grants to Tougaloo
College, Mississippi.
‘‘(2) ADDITIONAL FUNDING.—In addition to amounts
made available under paragraph (1), there is authorized to be appropriated from the Historic Preservation Fund to carry out this section $10,000,000 for each
of fiscal years 2003 through 2008.
‘‘(e) REGULATIONS.—The Secretary shall develop such
guidelines as may be necessary to carry out this section.
‘‘(f) DEFINITIONS.—For the purposes of this section:
‘‘(1) HISTORICALLY BLACK COLLEGES.—The term ‘historically black colleges and universities’ has the
same meaning given the term ‘part B institution’ by
section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061).
‘‘(2) HISTORIC BUILDING AND STRUCTURES.—The term
‘historic building and structures’ means a building or
structure listed on, or eligible for listing on, the National Register of Historic Places or designated a National Historic Landmark.’’
RECOMMENDATIONS OF HISTORIC PROPERTIES FOR
PRESERVATION
Pub. L. 102–575, title XL, § 4021, Oct. 30, 1992, 106 Stat.
4765, provided that: ‘‘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 [16 U.S.C. 470 et seq.]
fully reflect the historical experience of this nation.’’
SECRETARIAL REPORT
Section 4025 of Pub. L. 102–575 directed Secretary of
the Interior, not later than one year after Oct. 30, 1992,
to prepare and submit to 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

Page 863

§ 470b

TITLE 16—CONSERVATION

used in determining such eligibility, and the effect, if
any, of such listing or finding of eligibility.
PRESERVATION AND CONSERVATION OF INTANGIBLE ASPECTS OF AMERICAN CULTURAL HERITAGE; REPORT TO
PRESIDENT AND CONGRESS
Section 502 of Pub. L. 96–515 directed Secretary, in cooperation with American Folklife Center of Library of
Congress, to submit within two years after Dec. 12, 1980,
a report to President and Congress on preserving and
conserving the intangible elements of our cultural heritage such as arts, skills, folklife, and folkways, the report to take into account the view of other public and
private organizations, as appropriate, and to include
recommendations for legislative and administrative actions by 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.
COORDINATED SYSTEM OF CULTURAL PARKS AND HISTORIC
CONSERVATION DISTRICTS; COMPREHENSIVE
STUDY AND FORMULATION OF RECOMMENDATIONS; REPORT TO PRESIDENT AND CONGRESS
Section 506 of Pub. L. 96–515 directed Secretary to undertake a comprehensive study and formulate recommendations for a coordinated system of cultural parks
and historic conservation districts that provide for
preservation, interpretation, development, and use by
public and private entities of prehistoric, historic, architectural, cultural, and recreational resources found
in definable urban areas throughout the Nation; the
study to propose alternatives concerning management
and funding of such system by public and private entities and by various levels of government; and directed
Secretary to submit a report of his study and recommendations to President and Congress within two years
after Dec. 12, 1980.
FIRE IN HISTORIC PROPERTIES; PROTECTIVE MEASURES;
REPORT TO PRESIDENT AND CONGRESS
Section 507 of Pub. L. 96–515 directed Secretary, in cooperation with Secretary of the Treasury, Administrator of United States Fire Administration, and Administrator of Federal Insurance Administration, to
submit a report to President and Congress on fire in
historic properties, such report to include a review of
Federal laws to determine any relationship between
these laws and arson or fire by ‘suspicious origin’, to
make recommendations respecting amendments to
such laws should a correlation be found to exist, to include the feasibility 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, to include recommendations regarding the Federal role in assisting the States and local governments
with protecting historic properties from damage by
fire, and to be submitted within eighteen months after
Dec. 12, 1980.

§ 470a–1. World Heritage Convention
(a) United States participation
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 ex-

pense is incurred as may be available to the
United States.
(b) Nomination of property to World Heritage
Committee
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 Natural Resources of the United States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate.
(c) Nomination of non-Federal property to World
Heritage Committee
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.
(Pub. L. 96–515, title IV, § 401, Dec. 12, 1980, 94
Stat. 3000; Pub. L. 103–437, § 6(d)(28), Nov. 2, 1994,
108 Stat. 4584.)
CODIFICATION
Section was enacted as part of the National Historic
Preservation Act Amendments of 1980, and not as part
of the National Historic Preservation Act, Pub. L.
89–665, which is classified generally to this subchapter.
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.

§ 470a–2. Federal undertakings outside United
States; mitigation of adverse effects
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.
(Pub. L. 96–515, title IV, § 402, Dec. 12, 1980, 94
Stat. 3000.)
CODIFICATION
Section was enacted as part of the National Historic
Preservation Act Amendments of 1980, and not as part
of the National Historic Preservation Act, Pub. L.
89–665, which is classified generally to this subchapter.

§ 470b. Requirements for awarding of grant
funds
(a) Grant applications; amounts; reports; conditions
No grant may be made under this subchapter—
(1) unless application therefor is submitted
to the Secretary in accordance with regulations and procedures prescribed by him;

§ 470b

TITLE 16—CONSERVATION

(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) [16 U.S.C. 460l–4 et seq.];
(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 470a(b)(3) of this title 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.
Notwithstanding any other provision of law, no
grant made pursuant to this subchapter shall be
treated as taxable income for purposes of title
26.
(b) Waiver
The Secretary may in his discretion waive the
requirements of subsection (a), paragraphs (2)
and (5) of this section for any grant under this
subchapter to the National Trust for Historic
Preservation in the United States.
(c) Repealed. Pub. L. 96–515, title II, § 202(c), Dec.
12, 1980, 94 Stat. 2993
(d) 1 Remaining cost of project
No State shall be permitted to utilize the
value of real property obtained before October
15, 1966, in meeting the remaining cost of a project for which a grant is made under this subchapter.
(d) 1 Availability
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) Administrative costs
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 470a(e)(6) of this title.
(Pub. L. 89–665, title I, § 102, Oct. 15, 1966, 80 Stat.
916; Pub. L. 94–422, title II, § 201(1), Sept. 28, 1976,
90 Stat. 1319; Pub. L. 96–515, title IV, § 202, Dec.
1 So

in original. Two subsecs. (d) have been enacted.

Page 864

12, 1980, 94 Stat. 2993; Pub. L. 99–514, § 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 102–575, title XL,
§ 4009, Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106–208,
§ 5(a)(5), May 26, 2000, 114 Stat. 318.)
REFERENCES IN TEXT
The Land and Water Conservation Fund Act of 1965,
referred to in subsec. (a)(2), is Pub. L. 88–578, Sept. 3,
1964, 78 Stat. 897, as amended, which is classified generally to part B (§ 460l–4 et seq.) of subchapter LXIX of
chapter 1 of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 460l–4 of this title and Tables.
AMENDMENTS
2000—Subsec. (a)(3). Pub.
‘‘year;’’ for ‘‘year.’’ at end.

L.

106–208

substituted

1992—Subsec. (a)(3). Pub. L. 102–575, § 4009(1), amended
par. (3) generally. Prior to amendment, par. (3) read as
follows: ‘‘for more than 50 per centum of the aggregate
cost of carrying out projects and programs specified in
section 470a(d)(1) and (2) of this title in any one fiscal
year, except that for the costs of State or local historic
surveys or inventories the Secretary shall provide 70
per centum of the aggregate cost involved in any one
fiscal year.’’
Subsec. (b). Pub. L. 102–575, § 4009(2), which directed
amendment of subsec. (b) by striking out ‘‘, 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’’,
was executed by striking out ‘‘, 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 to the Secretary’’ after ‘‘United
States’’ to reflect the probable intent of Congress.
Subsecs. (d), (e). Pub. L. 102–575, § 4009(3), added subsec. (d), relating to availability, and subsec. (e).
1986—Subsec. (a). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’, which for purposes of codification was translated
as ‘‘title 26’’ thus requiring no change in text.
1980—Subsec. (a). Pub. L. 96–515, § 202(a), (b), in par. (3)
substituted provision directing that no grant be made
for more than 50 per centum of the aggregate cost of
carrying out projects and programs specified in section
470a(d)(1) and (2) of this title in any one fiscal year, except that for costs of State or local historic surveys or
inventories the Secretary provide 70 per centum of the
aggregate cost involved in any one fiscal year for provision directing that no grant be made for more than 50
per centum of the total cost involved, as determined by
the Secretary, which determination was to be final, and
inserted provision following cl. (6), that, except as
otherwise permitted, the State share of the costs referred to in par. (3) be contributed by non-Federal
sources and no grant made be treated as taxable income.
Subsec. (c). Pub. L. 96–515, § 202(c), struck out subsec.
(c) which authorized the Secretary in his discretion to
waive the requirements of subsec. (a)(3) of this section
for the purposes of making grants for the preparation
of statewide historic preservation plans and surveys
and project plans and restricted any grant made pursuant to this subsection to not to exceed 70 per centum
of the cost of the project, with the total cost of grants
made pursuant to this subsection in any fiscal year not
to exceed one-half of the funds appropriated for that
fiscal year pursuant to section 470h of this title.
1976—Pub. L. 94–422 reenacted subsecs. (a) and (b)
without change, added subsec. (c), and redesignated
former subsec. (c) as (d).

Page 865

§ 470d

TITLE 16—CONSERVATION

§ 470b–1. Grants to National Trust for Historic
Preservation
(a) Authority of Secretary of Housing and Urban
Development; renovation or restoration
costs; terms and conditions; amounts
The Secretary of Housing and Urban Development is authorized to make grants to the National Trust for Historic Preservation, on such
terms and conditions and in such amounts (not
exceeding $90,000 with respect to any one structure) as he deems appropriate, to cover the costs
incurred by such Trust in renovating or restoring structures which it considers to be of historic or architectural value and which it has accepted and will maintain (after such renovation
or restoration) for historic purposes.
(b) Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary for the grants to be
made under subsection (a) of this section.
(Pub. L. 89–754, title VI, § 603, Nov. 3, 1966, 80
Stat. 1278.)
CODIFICATION
Section was enacted as part of the Demonstration
Cities and Metropolitan Development Act of 1966, and
not as part of the National Historic Preservation Act,
Pub. L. 89–665, which is classified generally to this subchapter.

§ 470c. Apportionment of grant funds
(a) Basis for apportionment
The amounts appropriated and made available
for grants to the States for the purposes of this
subchapter shall be apportioned among the
States by the Secretary on the basis of needs as
determined by him.
(b) Basis; notification to State; reapportionment
The amounts appropriated and made available
for grants to the States for projects and programs under this subchapter 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 subchapter. 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) Transfer of funds to local governments
A minimum of 10 per centum of the annual apportionment distributed by the Secretary to
each State for the purposes of carrying out this
subchapter shall be transferred by the State,
pursuant to the requirements of this subchapter,
to local governments which are certified under
section 470a(c) of this title 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 470a(c) of this title.
(d) Guidelines for use and distribution of funds
to local governments
The Secretary shall establish guidelines for
the use and distribution of funds under subsection (c) of this section 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) of this section, nor shall the Secretary require any State to exceed the 10 per
centum minimum distribution to local governments.
(Pub. L. 89–665, title I, § 103, Oct. 15, 1966, 80 Stat.
916; Pub. L. 94–422, title II, § 201(2), Sept. 28, 1976,
90 Stat. 1319; Pub. L. 96–515, title II, § 203, Dec. 12,
1980, 94 Stat. 2993; Pub. L. 102–575, title XL,
§ 4010, Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106–208,
§ 5(a)(6), May 26, 2000, 114 Stat. 318.)
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–208 substituted ‘‘purposes of this subchapter’’ for ‘‘purposes this subchapter’’ and ‘‘determined by him.’’ for ‘‘determined by
him:.’’.
1992—Subsec. (a). Pub. L. 102–575, § 4010(1), substituted
‘‘for the purposes this subchapter’’ for ‘‘for comprehensive statewide historic surveys and plans under this
subchapter’’.
Subsec. (b). Pub. L. 102–575, § 4010(2), (3), substituted
‘‘as the Secretary determines to be appropriate’’ for
‘‘by the Secretary in accordance with needs as disclosed in approved statewide historic preservation
plans’’ and inserted at end ‘‘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.’’
1980—Subsec. (b). Pub. L. 96–515, § 203(a), inserted ‘‘and
programs’’ after ‘‘projects’’ and substituted provision
directing the Secretary to notify each State of its apportionment under this subsection within thirty days
following enactment of legislation appropriating funds
for provision directing the Secretary to notify each
State of its apportionment, with the amounts available
thereafter for payment to such State.
Subsecs. (c), (d). Pub. L. 96–515, § 203(b), added subsecs.
(c) and (d).
1976—Subsec. (a). Pub. L. 94–422, which directed
amendment of subsec. (a) by deleting ‘‘Provided, however, That the amount granted to any one State shall
not exceed 50 per centum of the total cost of the comprehensive statewide historic survey and plan for that
State, as determined by the Secretary,’’ after ‘‘determined by him:’’, was executed by deleting the quoted
language, which did not contain a comma after ‘‘Secretary’’, to reflect the probable intent of Congress.

§ 470d. Loan insurance program for preservation
of property included on National Register
(a) Establishment
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.

§ 470d

TITLE 16—CONSERVATION

(b) Loan qualifications
A loan may be insured under this section only
if—
(1) the loan is made by a private lender approved by the Secretary as financially sound
and able to service the loan properly;
(2) the amount of the loan, and interest rate
charged with respect to the loan, do not exceed such amount, and such a rate, as is established by the Secretary, by rule;
(3) the Secretary has consulted the appropriate State Historic Preservation Officer concerning the preservation of the historic property;
(4) the Secretary has determined that the
loan is adequately secured and there is reasonable assurance of repayment;
(5) the repayment period of the loan does not
exceed the lesser of forty years or the expected
life of the asset financed;
(6) the amount insured with respect to such
loan does not exceed 90 per centum of the loss
sustained by the lender with respect to the
loan; and
(7) the loan, the borrower, and the historic
property to be preserved meet other terms and
conditions as may be prescribed by the Secretary, by rule, especially terms and conditions relating to the nature and quality of the
preservation work.
The Secretary shall consult with the Secretary
of the Treasury regarding the interest rate of
loans insured under this section.
(c) Limitation on amount of unpaid principal
balance of loans
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 470h of this
title and subsections (g) and (i) 1 of this section,
as in effect on December 12, 1980, but which has
not been appropriated for any purpose.
(d) Assignability of insurance contracts; contract
as obligation of United States; contestability
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) Conditions and methods of payment as result
of loss
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) Protection of financial interests of Federal
Government
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 So

in original. Probably should be ‘‘subsections (g) and (h)’’.

Page 866

(1) in connection with any foreclosure proceeding, obtain, on behalf of the Federal Government, the property securing a loan insured
under this part; 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) of this section.
(g) Conveyance to governmental or nongovernmental entity of property acquired by foreclosure
(1) In any case in which a historic property is
obtained pursuant to subsection (f) of this section, the Secretary shall attempt to convey such
property to any governmental or nongovernmental entity under such conditions as will ensure the property’s continued preservation and
use; except that if, after a reasonable time, the
Secretary, in consultation with the Advisory
Council on Historic Preservation, determines
that there is no feasible and prudent means to
convey such property and to ensure its continued preservation and use, then the Secretary
may convey the property at the fair market
value of its interest in such property to any entity without restriction.
(2) 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 470h of this title and subsection (i) 2 of this
section, and shall remain available in such fund
until appropriated by the Congress to carry out
the purposes of this subchapter.
(h) Assessment of fees in connection with loans
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 470h of this title and subsection (g) of this section, and shall remain
available in such fund until appropriated by the
Congress to carry out purposes of this subchapter.
(i) Treatment of loans as non-Federal funds
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) 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.
(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 commit2 So

in original. Probably should be ‘‘subsection (h)’’.

Page 867

§ 470f

TITLE 16—CONSERVATION

ted 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.

§ 470f. Effect of Federal undertakings upon property listed in National Register; comment by
Advisory Council on Historic Preservation

(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.)

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.

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, § 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
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.

§ 470e. Recordkeeping; recipients of assistance;
audit
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.
(Pub. L. 89–665, title I, § 105, Oct. 15, 1966, 80 Stat.
917.)

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.
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

TITLE 16—CONSERVATION

§ 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
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)’’.

Page 868

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
Pub. L. 96–515, title V, § 504, Dec. 12, 1980, 94 Stat. 3005,
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:
the national significance of the project; its historical value to the community; the imminence
of its destruction or loss; and the expressed intentions of the donor. Funds expended under
this subsection shall be made available without
regard to the matching requirements established by section 470b of this title but the recipient of such funds shall be permitted to utilize
them to match any grants from the Historic
Preservation Fund established by section 470h of
this title.

Page 869

TITLE 16—CONSERVATION

(c) Transfer of unobligated funds
The Secretary is hereby authorized to transfer
unobligated funds previously donated to the
Secretary for the purposes of the National Park
Service, with the consent of the donor, and any
funds so transferred shall be used or expended in
accordance with the provisions of this subchapter.
(Pub. L. 89–665, title I, § 109, as added Pub. L.
96–244, § 1, May 19, 1980, 94 Stat. 346.)
§ 470h–2. Historic properties owned or controlled
by Federal agencies
(a) Responsibilities of Federal agencies; program
for identification, evaluation, nomination,
and protection
(1) The heads of all Federal agencies shall assume responsibility for the preservation of historic properties which are owned or controlled
by such agency. Prior to acquiring, constructing, or leasing buildings for purposes of carrying
out agency responsibilities, each Federal agency
shall use, to the maximum extent feasible, historic properties available to the agency, in accordance with Executive Order No. 13006, issued
May 21, 1996 (61 Fed. Reg. 26071). Each agency
shall undertake, consistent with the preservation of such properties and the mission of the
agency and the professional standards established pursuant to section 470a(g) 1 of this title,
any preservation, as may be necessary to carry
out this section.
(2) Each Federal agency shall establish (unless
exempted pursuant to section 470v of this title),
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 470f of this title 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 470f of this title—
(i) are consistent with regulations issued
by the Council pursuant to section 470s of
this title;
1 So

in original. Probably should be 470a(h).

§ 470h–2

(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 3002(c) of title 25.
(b) Records on historic properties to be altered
or demolished; deposit in Library of Congress or other appropriate agency
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 470a(a) of this title, in the Library of
Congress or with such other appropriate agency
as may be designated by the Secretary, for future use and reference.
(c) Agency Preservation Officer; responsibilities;
qualifications
The head of each Federal agency shall, unless
exempted under section 470v of this title, 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 subchapter. Each Preservation
Officer may, in order to be considered qualified,
satisfactorily complete an appropriate training
program established by the Secretary under section 470a(h) 2 of this title.
(d) Agency programs and projects
Consistent with the agency’s missions and
mandates, all Federal agencies shall carry out
agency programs and projects (including those
under which any Federal assistance is provided
or any Federal license, permit, or other approval
is required) in accordance with the purposes of
this subchapter and, give consideration to programs and projects which will further the purposes of this subchapter.
(e) Review of plans of transferees of surplus federally owned historic properties
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) Planning and actions to minimize harm to National Historic Landmarks
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 plan2 So

in original. Probably should be 470a(i).

§ 470h–2

TITLE 16—CONSERVATION

ning 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) Costs of preservation as eligible project costs
Each Federal agency may include the costs of
preservation activities of such agency under this
subchapter as eligible project costs in all undertakings of such agency or assisted by such agency. The eligible project costs may also include
amounts paid by a Federal agency to any State
to be used in carrying out such preservation responsibilities of the Federal agency under this
subchapter, and reasonable costs may be
charged to Federal licensees and permittees as a
condition to the issuance of such license or permit.
(h) Annual preservation awards program
The Secretary shall establish an annual preservation awards program under which he may
make monetary awards in amounts of not to exceed $1,000 and provide citations for special
achievement to officers and employees of Federal, State, and certified local governments in
recognition of their outstanding contributions
to the preservation of historic resources. Such
program may include the issuance of annual
awards by the President of the United States to
any citizen of the United States recommended
for such award by the Secretary.
(i) Environmental impact statement
Nothing in this subchapter 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 [42 U.S.C. 4321
et seq.], and nothing in this subchapter shall be
construed to provide any exemption from any
requirement respecting the preparation of such
a statement under such Act.
(j) Waiver of provisions in event of natural disaster or imminent threat to national security
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) Assistance for adversely affected historic
property
Each Federal agency shall ensure that the
agency will not grant a loan, loan guarantee,
permit, license, or other assistance to an applicant who, with intent to avoid the requirements
of section 470f of this title, 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) Documentation of decisions respecting undertakings
With respect to any undertaking subject to
section 470f of this title which adversely affects

Page 870

any property included in or eligible for inclusion
in the National Register, and for which a Federal agency has not entered into an agreement
pursuant to regulations issued by the Council,
the head of such agency shall document any decision made pursuant to section 470f of this
title. The head of such agency may not delegate
his or her responsibilities pursuant to such section. Where a section 106 [16 U.S.C. 470f] memorandum of agreement has been executed with respect to an undertaking, such memorandum
shall govern the undertaking and all of its parts.
(Pub. L. 89–665, title I, § 110, as added Pub. L.
96–515, title II, § 206, Dec. 12, 1980, 94 Stat. 2996;
amended Pub. L. 102–575, title XL, §§ 4006(b), 4012,
Oct. 30, 1992, 106 Stat. 4757, 4760; Pub. L. 106–208,
§§ 4, 5(a)(8), May 26, 2000, 114 Stat. 318, 319; Pub.
L. 108–352, § 13, Oct. 21, 2004, 118 Stat. 1397.)
REFERENCES IN TEXT
Executive Order No. 13006, referred to in subsec.
(a)(1), is set out as a note under section 3306 of Title 40,
Public Buildings, Property, and Works.
The National Environmental Policy Act of 1969, referred to in subsec. (i), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, as amended, which is classified generally to
chapter 55 (§ 4321 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section
4321 of Title 42 and Tables.
AMENDMENTS
2004—Subsec. (l). Pub. L. 108–352 amended directory
language of Pub. L. 106–208, § 5(a)(8). See 2000 Amendment note below.
2000—Subsec. (a)(1). Pub. L. 106–208, § 4, substituted
‘‘agency, in accordance with Executive Order No. 13006,
issued May 21, 1996 (61 Fed. Reg. 26071).’’ for ‘‘agency.’’
in second sentence.
Subsec. (l). Pub. L. 106–208, § 5(a)(8), as amended by
Pub. L. 108–352, substituted ‘‘pursuant to regulations issued by the Council’’ for ‘‘with the Council’’,.
1992—Subsec. (a)(1). Pub. L. 102–575, § 4012(1), substituted ‘‘section 470a(g)’’ for ‘‘section 470a(f)’’.
Subsec. (a)(2). Pub. L. 102–575, § 4012(2), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘With the advice of the Secretary and in cooperation with the State historic preservation officer for the
State involved, each Federal agency shall establish a
program to locate, inventory, and nominate to the Secretary all properties under the agency’s ownership or
control by the agency, that appear to qualify for inclusion on the National Register in accordance with the
regulations promulgated under section 470a(a)(2)(A) of
this title. Each Federal agency shall exercise caution
to assure that any such property that might qualify for
inclusion is not inadvertently transferred, sold, demolished, substantially altered, or allowed to deteriorate
significantly.’’
Subsec. (c). Pub. L. 102–575, § 4006(b), substituted ‘‘section 470a(h)’’ for ‘‘section 470a(g)’’.
Subsecs. (k), (l). Pub. L. 102–575, § 4012(3), added subsecs. (k) and (l).
EX. ORD. NO. 13287. PRESERVE AMERICA
Ex. Ord. No. 13287, Mar. 3, 2003, 68 F.R. 10635, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the National Historic Preservation
Act (16 U.S.C. 470 et seq.) (NHPA) and the National Environmental Policy Act [of 1969] (42 U.S.C. 4321 et seq.),
it is hereby ordered:
SECTION 1. Statement of Policy. It is the policy of the
Federal Government to provide leadership in preserving America’s heritage by actively advancing the protection, enhancement, and contemporary use of the his-

Page 871

TITLE 16—CONSERVATION

toric properties owned by the Federal Government, and
by promoting intergovernmental cooperation and partnerships for the preservation and use of historic properties. The Federal Government shall recognize and
manage the historic properties in its ownership as assets that can support department and agency missions
while contributing to the vitality and economic wellbeing of the Nation’s communities and fostering a
broader appreciation for the development of the United
States and its underlying values. Where consistent
with executive branch department and agency missions, governing law, applicable preservation standards, and where appropriate, executive branch departments and agencies (‘‘agency’’ or ‘‘agencies’’) shall advance this policy through the protection and continued
use of the historic properties owned by the Federal
Government, and by pursuing partnerships with State
and local governments, Indian tribes, and the private
sector to promote the preservation of the unique cultural heritage of communities and of the Nation and to
realize the economic benefit that these properties can
provide. Agencies shall maximize efforts to integrate
the policies, procedures, and practices of the NHPA and
this order into their program activities in order to efficiently and effectively advance historic preservation
objectives in the pursuit of their missions.
SEC. 2. Building Preservation Partnerships. When carrying out its mission activities, each agency, where consistent with its mission and governing authorities, and
where appropriate, shall seek partnerships with State
and local governments, Indian tribes, and the private
sector to promote local economic development and vitality through the use of historic properties in a manner that contributes to the long-term preservation and
productive use of those properties. Each agency shall
examine its policies, procedures, and capabilities to ensure that its actions encourage, support, and foster
public-private initiatives and investment in the use,
reuse, and rehabilitation of historic properties, to the
extent such support is not inconsistent with other provisions of law, the Secretary of the Interior’s Standards
for Archeology and Historic Preservation, and essential
national department and agency mission requirements.
SEC. 3. Improving Federal Agency Planning and Accountability. (a) Accurate information on the state of
Federally owned historic properties is essential to
achieving the goals of this order and to promoting community economic development through local partnerships. Each agency with real property management responsibilities shall prepare an assessment of the current status of its inventory of historic properties required by section 110(a)(2) of the NHPA (16 U.S.C.
470h–2(a)(2)), the general condition and management
needs of such properties, and the steps underway or
planned to meet those management needs. The assessment shall also include an evaluation of the suitability
of the agency’s types of historic properties to contribute to community economic development initiatives,
including heritage tourism, taking into account agency
mission needs, public access considerations, and the
long-term preservation of the historic properties. No
later than September 30, 2004, each covered agency
shall complete a report of the assessment and make it
available to the Chairman of the Advisory Council on
Historic Preservation (Council) and the Secretary of
the Interior (Secretary).
(b) No later than September 30, 2004, each agency
with real property management responsibilities shall
review its regulations, management policies, and operating procedures for compliance with sections 110 and
111 of the NHPA (16 U.S.C. 470h–2 & 470–3) and make the
results of its review available to the Council and the
Secretary. If the agency determines that its regulations, management policies, and operating procedures
are not in compliance with those authorities, the agency shall make amendments or revisions to bring them
into compliance.
(c) Each agency with real property management responsibilities shall, by September 30, 2005, and every
third year thereafter, prepare a report on its progress

§ 470h–2

in identifying, protecting, and using historic properties
in its ownership and make the report available to the
Council and the Secretary. The Council shall incorporate this data into a report on the state of the Federal Government’s historic properties and their contribution to local economic development and submit
this report to the President by February 15, 2006, and
every third year thereafter.
(d) Agencies may use existing information gathering
and reporting systems to fulfill the assessment and reporting requirements of subsections 3(a)–(c) of this
order. To assist agencies, the Council, in consultation
with the Secretary, shall, by September 30, 2003, prepare advisory guidelines for agencies to use at their
discretion.
(e) No later than June 30, 2003, the head of each agency shall designate a senior policy level official to have
policy oversight responsibility for the agency’s historic
preservation program and notify the Council and the
Secretary of the designation. This senior official shall
be an assistant secretary, deputy assistant secretary,
or the equivalent, as appropriate to the agency organization. This official, or a subordinate employee reporting directly to the official, shall serve as the agency’s
Federal Preservation Officer in accordance with section
110(c) of the NHPA. The senior official shall ensure that
the Federal Preservation Officer is qualified consistent
with guidelines established by the Secretary for that
position and has access to adequate expertise and support to carry out the duties of the position.
SEC. 4. Improving Federal Stewardship of Historic Properties. (a) Each agency shall ensure that the management of historic properties in its ownership is conducted in a manner that promotes the long-term preservation and use of those properties as Federal assets
and, where consistent with agency missions, governing
law, and the nature of the properties, contributes to
the local community and its economy.
(b) Where consistent with agency missions and the
Secretary of the Interior’s Standards for Archeology
and Historic Preservation, and where appropriate,
agencies shall cooperate with communities to increase
opportunities for public benefit from, and access to,
Federally owned historic properties.
(c) The Council is directed to use its existing authority to encourage and accept donations of money, equipment, and other resources from public and private parties to assist other agencies in the preservation of historic properties in Federal ownership to fulfill the
goals of the NHPA and this order.
(d) The National Park Service, working with the
Council and in consultation with other agencies, shall
make available existing materials and information for
education, training, and awareness of historic property
stewardship to ensure that all Federal personnel have
access to information and can develop the skills necessary to continue the productive use of Federally
owned historic properties while meeting their stewardship responsibilities.
(e) The Council, in consultation with the National
Park Service and other agencies, shall encourage and
recognize exceptional achievement by such agencies in
meeting the goals of the NHPA and this order. By
March 31, 2004, the Council shall submit to the President and the heads of agencies recommendations to further stimulate initiative, creativity, and efficiency in
the Federal stewardship of historic properties.
SEC. 5. Promoting Preservation Through Heritage Tourism.
(a) To the extent permitted by law and within existing resources, the Secretary of Commerce, working
with the Council and other agencies, shall assist
States, Indian tribes, and local communities in promoting the use of historic properties for heritage tourism
and related economic development in a manner that
contributes to the long-term preservation and productive use of those properties. Such assistance shall include efforts to strengthen and improve heritage tourism activities throughout the country as they relate to
Federally owned historic properties and significant
natural assets on Federal lands.

§ 470h–3

TITLE 16—CONSERVATION

(b) Where consistent with agency missions and governing law, and where appropriate, agencies shall use
historic properties in their ownership in conjunction
with State, tribal, and local tourism programs to foster
viable economic partnerships, including, but not limited to, cooperation and coordination with tourism officials and others with interests in the properties.
SEC. 6. National and Homeland Security Considerations.
Nothing in this order shall be construed to require
any agency to take any action or disclose any information that would conflict with or compromise national
and homeland security goals, policies, programs, or activities.
SEC. 7. Definitions. For the purposes of this order, the
term ‘‘historic property’’ means any prehistoric or historic district, site, building, structure, and object included on or eligible for inclusion on the National Register of Historic Places in accordance with section
301(5) of the NHPA (16 U.S.C. 470w(5)). The term ‘‘heritage tourism’’ means the business and practice of attracting and accommodating visitors to a place or area
based especially on the unique or special aspects of
that locale’s history, landscape (including trail systems), and culture. The terms ‘‘Federally owned’’ and
‘‘in Federal ownership,’’ and similar terms, as used in
this order, do not include properties acquired by agencies as a result of foreclosure or similar actions and
that are held for a period of less than 5 years.
SEC. 8. Judicial Review. This order is intended only to
improve the internal management of the Federal Government and it is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United
States, its departments, agencies, instrumentalities or
entities, its officers or employees, or any other person.
GEORGE W. BUSH.

§ 470h–3. Lease or exchange of historic property
(a) Authorization; consultation with Council
Notwithstanding any other provision of law,
any Federal agency after consultation with the
Council, shall, to the extent practicable, establish and implement alternatives for historic
properties, including adaptive use, that are not
needed for current or projected agency purposes,
and may lease an historic property owned by the
agency to any person or organization, or exchange any property owned by the agency with
comparable historic property, if the agency head
determines that the lease or exchange will adequately insure the preservation of the historic
property.
(b) Proceeds of lease for administration, etc., of
property; deposit of surplus proceeds into
Treasury
The proceeds of any lease under subsection (a)
of this section 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) Contracts for management of historic property
The head of any Federal agency having responsibility for the management of any historic

Page 872

property may, after consultation with the Advisory Council on Historic Preservation, enter
into contracts for the management of such property. Any such contract shall contain such
terms and conditions as the head of such agency
deems necessary or appropriate to protect the
interests of the United States and insure adequate preservation of the historic property.
(Pub. L. 89–665, title I, § 111, as added Pub. L.
96–515, title II, § 207, Dec. 12, 1980, 94 Stat. 2997;
amended Pub. L. 102–575, title XL, § 4013, Oct. 30,
1992, 106 Stat. 4761.)
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–575 substituted ‘‘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’’ for ‘‘may, after consultation with the Advisory
Council on Historic Preservation,’’.
HISTORIC LEASE PROCESS SIMPLIFICATION
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.’’

§ 470h–4. Professional standards
(a) In general
Each Federal agency that is responsible for
the protection of historic resources, including
archaeological resources pursuant to this subchapter 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 October
30, 1992, 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

Page 873

TITLE 16—CONSERVATION

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 subchapter 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 3001(3) and (9) of title 25) 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
3002(a)(2)(B) or (C) of title 25, given 1 notice
to and consult with such Indian tribe or Native Hawaiian organization.
(Pub. L. 89–665, title I, § 112, as added Pub. L.
102–575, title XL, § 4014, Oct. 30, 1992, 106 Stat.
4761; amended Pub. L. 106–208, § 5(a)(9), May 26,
2000, 114 Stat. 319.)
CODIFICATION
October 30, 1992, referred to in subsec. (a)(1)(B), was in
the original ‘‘the date of enactment of this Act’’ which
was translated as meaning the date of enactment of
Pub. L. 102–575 which enacted this section, to reflect
the probable intent of Congress.
AMENDMENTS
2000—Subsec. (b)(3). Pub. L. 106–208 inserted closing
parenthesis after ‘‘title 25’’.

§ 470h–5. Interstate and international traffic in
antiquities
(a) Study
In order to help control illegal interstate and
international traffic in antiquities, including archaeological, curatorial, and architectural objects, and historical documents of all kinds, the
Secretary shall study and report on the suitability and feasibility of alternatives for controlling illegal interstate and international traffic in antiquities.
1 So

in original. Probably should be ‘‘give’’.

§ 470i

(b) Consultation
In conducting the study described in subsection (a) of this section 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 October 30,
1992, the Secretary shall submit to Congress a
report detailing the Secretary’s findings and
recommendations from the study described in
subsection (a) of this section.
(d) Authorization
There are authorized to be appropriated not
more than $500,000 for the study described in
subsection (a) of this section, such sums to remain available until expended.
(Pub. L. 89–665, title I, § 113, as added Pub. L.
102–575, title XL, § 4015, Oct. 30, 1992, 106 Stat.
4762.)
PART B—ADVISORY COUNCIL ON HISTORIC
PRESERVATION
§ 470i. Advisory Council on Historic Preservation
(a) Establishment; membership; Chairman
There is established as an independent agency
of the United States Government an Advisory
Council on Historic Preservation which shall be
composed of the following members:
(1) a Chairman appointed by the President
selected from the general public;
(2) the Secretary of the Interior;
(3) the Architect of the Capitol;
(4) the Secretary of Agriculture and the
heads of seven other agencies of the United
States (other than the Department of the Interior) the activities of which affect historic
preservation, designated by the President;
(5) one Governor appointed by the President;
(6) one mayor appointed by the President;
(7) the President of the National Conference
of State Historic Preservation Officers;
(8) the Chairman of the National Trust for
Historic Preservation;
(9) four experts in the field of historic preservation appointed by the President from the
disciplines of architecture, history, archeology, and other appropriate disciplines;
(10) three at-large members from the general
public, appointed by the President; and
(11) one member of an Indian tribe or Native
Hawaiian organization who represents the interests of the tribe or organization of which he
or she is a member, appointed by the President.
(b) Designation of substitutes
Each member of the Council specified in paragraphs (2) through (8) other than (6) of subsection (a) of this section may designate another

§ 470i

TITLE 16—CONSERVATION

officer of his department, agency, or organization to serve on the Council in his stead, except
that, in the case of paragraphs (2) and (4), no
such officer other than an Assistant Secretary
or an officer having major department-wide or
agency-wide responsibilities may be so designated.
(c) Term of office
Each member of the Council appointed under
paragraph (1), and under paragraphs (9) through
(11) of subsection (a) of this section 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 may not serve more than two
terms. An appointed member whose term has expired shall serve until that member’s successor
has been appointed.
(d) Vacancies; term of office of members already
appointed
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 subchapter as in effect on the day before December
12, 1980, shall remain in office until all members
of the Council, as specified in this section, have
been appointed. The members first appointed
under this section shall be appointed not later
than one hundred and eighty days after December 12, 1980.
(e) Designation of Vice Chairman
The President shall designate a Vice Chairman, from the members appointed under paragraph (5), (6), (9), or (10). The Vice Chairman
may act in place of the Chairman during the absence or disability of the Chairman or when the
office is vacant.
(f) Quorum
12 members of the Council shall constitute a
quorum.
(Pub. L. 89–665, title II, § 201, Oct. 15, 1966, 80
Stat. 917; Pub. L. 91–243, § 1(b)–(e), May 9, 1970, 84
Stat. 204; Pub. L. 93–54, § 1(c), July 1, 1973, 87
Stat. 139; Pub. L. 94–422, title II, § 201(5), Sept. 28,
1976, 90 Stat. 1320; Pub. L. 96–515, title III,
§ 301(a)–(f), Dec. 12, 1980, 94 Stat. 2998, 2999; Pub.
L. 102–575, title XL, §§ 4016, 4019(b), Oct. 30, 1992,
106 Stat. 4763, 4765; Pub. L. 104–333, div. I, title V,
§ 509(c)(1), (2), Nov. 12, 1996, 110 Stat. 4157; Pub. L.
109–453, § 1(d), Dec. 22, 2006, 120 Stat. 3367.)
AMENDMENTS
2006—Subsec. (a)(4). Pub. L. 109–453, § 1(d)(1), substituted ‘‘seven’’ for ‘‘four’’.
Subsec. (b). Pub. L. 109–453, § 1(d)(2), struck out ‘‘(5)
and’’ before ‘‘(6)’’.
Subsec. (f). Pub. L. 109–453, § 1(d)(3), substituted ‘‘12’’
for ‘‘Nine’’.

Page 874

1996—Subsec. (a)(4). Pub. L. 104–333, § 509(c)(1), substituted ‘‘designated by the President’’ for ‘‘appointed
by the President’’.
Subsec. (c). Pub. L. 104–333, § 509(c)(2), which directed
substitution of ‘‘through (11)’’ for ‘‘and 10’’, was executed by making the substitution for ‘‘and (10)’’ to reflect the probable intent of Congress.
1992—Subsec. (a). Pub. L. 102–575, § 4019(b), which directed amendment of subsec. (a) by striking ‘‘(hereafter
referred to as the ‘Council’)’’, was executed by striking
‘‘(hereinafter referred to as the ‘Council’)’’ after ‘‘Historic Preservation’’ in introductory provisions to reflect the probable intent of Congress.
Subsec. (a)(11). Pub. L. 102–575, § 4016, added par. (11).
1980—Subsec. (a). Pub. L. 96–515, § 301(a), revised the
composition of the Council by reducing the membership from twenty-nine to eighteen members, provided
flexibility for Federal agencies who will be represented,
ensured that appropriate expertise will be available,
and provided representation for State and local governments.
Subsec. (b). Pub. L. 96–515, § 301(b), substituted ‘‘(2)
through (8) (other than (5) and (6))’’ and ‘‘(1) through
(17)’’ and inserted ‘‘, except that, in the case of paragraphs (2) and (4), no such officer other than an Assistant Secretary or an officer having major departmentwide or agency-wide responsibilities may be so designated’’ following ‘‘in his stead’’.
Subsec. (c). Pub. L. 96–515, § 301(c), substituted provision that the Chairman appointed by the President
from the general public, each of the four experts appointed by the President, and each of the three at-large
members appointed by the President from the general
public serve a term of four years from the expiration of
his predecessor’s term, except that the members first
appointed serve terms of one to four years in such a
manner as to insure that the terms of not more than
two of them expire in any one year, the one Governor
and the one mayor appointed by the President serve for
the term of their elected office but not in excess of four
years, an appointed member not serve for more than
two terms, and an appointed member whose term expired serve until his successor has been appointed for
provision that each of the twelve members appointed
by the President from outside the Federal Government
serve for a term of five years from expiration of his
predecessor’s term, except that the members first appointed serve for terms of one to five years in such a
manner as to insure that the terms of not less than one
nor more than two of them expire in any one year.
Subsec. (d). Pub. L. 96–515, § 301(d), inserted provision
that a vacancy be filled not later than sixty days after
it commences, members of the Council appointed by
the President before Dec. 12, 1980 remain in office until
all members of the Council, as specified by this section,
have been appointed, and members first appointed be
appointed not later than 180 days after Dec. 12, 1980.
Subsec. (e). Pub. L. 96–515, § 301(e), substituted provision authorizing the President to designate a Vice
Chairman from among specified members of the Council for provision authorizing the President to designate
a Chairman and Vice Chairman.
Subsec. (f). Pub. L. 96–515, § 301(f), substituted ‘‘Nine’’
for ‘‘Fifteen’’.
1976—Subsec. (a)(9) to (18). Pub. L. 94–422 added pars.
(9) to (14) and (17), and redesignated former pars. (9),
(10), and (11) as (15), (16), and (18), respectively, and in
par. (18), as so redesignated, substituted ‘‘twelve’’ for
‘‘ten’’.
Subsec. (b). Pub. L. 94–422 substituted ‘‘(17)’’ for
‘‘(10)’’.
Subsec. (c). Pub. L. 94–422 substituted ‘‘(18)’’ for
‘‘(11)’’.
Subsec. (d). Pub. L. 94–422 reenacted subsec. (d) without change.
Subsec. (e). Pub. L. 94–422 enlarged Presidential authority to include designation of Vice Chairman, who
shall act in place of Chairman during the absence or
disability of Chairman or when the office is vacant.
Subsec. (f). Pub. L. 94–422 substituted ‘‘Fifteen’’ for
‘‘Eleven’’.

Page 875

§ 470l

TITLE 16—CONSERVATION

Subsec. (g). Pub. L. 94–422 struck out subsec. (g)
which provided that the Council shall continue in existence until Dec. 31, 1985.
1973—Subsec. (g). Pub. L. 93–54 added subsec. (g).
1970—Subsec. (a). Pub. L. 91–243, § 1(b), enlarged the
Council from seventeen to twenty members, added pars.
(7) to (9), and redesignated former pars. (7) and (8) as
(10) and (11), respectively.
Subsec. (b). Pub. L. 91–243, § 1(c), substituted ‘‘(10)’’
for ‘‘(6)’’.
Subsec. (c). Pub. L. 91–243, § 1(d), substituted ‘‘(11)’’
for ‘‘(8)’’.
Subsec. (f). Pub. L. 91–243, § 1(e), substituted ‘‘Eleven’’
for ‘‘Eight’’.

§ 470j. Functions of Council; annual report to
President and Congress; recommendations
(a) Duties
The Council shall—
(1) advise the President and the Congress on
matters relating to historic preservation; recommend measures to coordinate activities of
Federal, State, and local agencies and private
institutions and individuals relating to historic preservation; and advise on the dissemination of information pertaining to such activities;
(2) encourage, in cooperation with the National Trust for Historic Preservation and appropriate private agencies, public interest and
participation in historic preservation;
(3) recommend the conduct of studies in such
areas as the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State
and local governments and the effects of tax
policies at all levels of government on historic
preservation;
(4) advise as to guidelines for the assistance
of State and local governments in drafting legislation relating to historic preservation;
(5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field of
historic preservation;
(6) review the policies and programs of Federal agencies and recommend to such agencies
methods to improve the effectiveness, coordination, and consistency of those policies and
programs with the policies and programs carried out under this subchapter; 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) Annual report
The Council shall submit annually a comprehensive report of its activities and the results of
its studies to the President and the Congress
and shall from time to time submit such additional and special reports as it deems advisable.
Each report shall propose such legislative enactments and other actions as, in the judgment of
the Council, are necessary and appropriate to
carry out its recommendations and shall provide
the Council’s assessment of current and emerging problems in the field of historic preservation
and an evaluation of the effectiveness of the programs of Federal agencies, State and local governments, and the private sector in carrying out
the purposes of this subchapter.

(Pub. L. 89–665, title II, § 202, Oct. 15, 1966, 80
Stat. 918; Pub. L. 96–515, title III, § 301(g), Dec. 12,
1980, 94 Stat. 2999.)
AMENDMENTS
1980—Subsec. (a)(6), (7). Pub. L. 96–515, § 301(g)(1),
added pars. (6) and (7).
Subsec. (b). Pub. L. 96–515, § 301(g)(2), inserted provision requiring in the Council’s report an 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.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (b) of this section relating to submittal to
Congress, annually, of a comprehensive report of activities and results of studies, see section 3003 of Pub.
L. 104–66, as amended, set out as a note under section
1113 of Title 31, Money and Finance, and page 154 of
House Document No. 103–7.
RELATIONSHIP OF FEDERAL TAX LAWS TO HISTORIC
PRESERVATION; REPORT TO PRESIDENT AND CONGRESS
Section 503 of Pub. L. 96–515 directed the Advisory
Council on Historic Preservation to submit a report,
within one year of Dec. 12, 1980, to the President and
the Congress on Federal tax laws relating to historic
preservation or affecting in any manner historic preservation.

§ 470k. Cooperation between Council and instrumentalities of executive branch of Federal
Government
The Council is authorized to secure directly
from any department, bureau, agency, board,
commission, office, independent establishment
or instrumentality of the executive branch of
the Federal Government information, suggestions, estimates, and statistics for the purpose
of this part; and each such department, bureau,
agency, board, commission, office, independent
establishment or instrumentality is authorized
to furnish such information, suggestions, estimates, and statistics to the extent permitted by
law and within available funds.
(Pub. L. 89–665, title II, § 203, Oct. 15, 1966, 80
Stat. 918.)
§ 470l. Compensation of members of Council
The members of the Council specified in paragraphs (2), (3), and (4) of section 470i(a) of this
title 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.
(Pub. L. 89–665, title II, § 204, Oct. 15, 1966, 80
Stat. 918; Pub. L. 91–243, § 1(f), May 9, 1970, 84
Stat. 204; Pub. L. 94–422, title II, § 201(6), Sept. 28,
1976, 90 Stat. 1321; Pub. L. 96–515, title III,
§ 301(h), Dec. 12, 1980, 94 Stat. 2999.)
AMENDMENTS
1980—Pub. L. 96–515 substituted ‘‘paragraphs (2), (3),
and (4)’’ for ‘‘paragraphs (1) and (17)’’ and ‘‘other members of the Council’’ for ‘‘members of the Council under
paragraph (18) of section 470i(a) of this title’’.

§ 470m

TITLE 16—CONSERVATION

1976—Pub. L. 94–422 substituted ‘‘(17)’’ for ‘‘(10)’’ and
‘‘(18)’’ for ‘‘(11)’’.
1970—Pub. L. 91–243 substituted ‘‘(10)’’ for ‘‘(7)’’ and
‘‘(11)’’ for ‘‘(8)’’.

§ 470m. Administration
(a) Executive Director of Council; appointment;
functions and duties
There shall be an Executive Director of the
Council who shall be appointed in the competitive service by the Chairman with the concurrence of the Council. The Executive Director
shall report directly to the Council and perform
such functions and duties as the Council may
prescribe.
(b) General Counsel; appointment; functions and
duties
The Council shall have a General Counsel, who
shall be appointed by the Executive Director.
The General Counsel shall report directly to the
Executive Director and serve as the Council’s
legal advisor. The Executive Director shall appoint such other attorneys as may be necessary
to assist the General Counsel, represent the
Council in courts of law whenever appropriate,
including enforcement of agreements with Federal agencies to which the Council is a party, assist the Department of Justice in handling litigation concerning the Council in courts of law,
and perform such other legal duties and functions as the Executive Director and the Council
may direct.
(c) Appointment and compensation of officers
and employees
The Executive Director of the Council may appoint and fix the compensation of such officers
and employees in the competitive service as are
necessary to perform the functions of the Council at rates not to exceed that now or hereafter
prescribed for the highest rate for grade 15 of
the General Schedule under section 5332 of title
5: 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.
(d) Appointment and compensation of additional
personnel
The Executive Director shall have power to
appoint and fix the compensation of such additional personnel as may be necessary to carry
out its duties, without regard to the provisions
of the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5.
(e) Expert and consultant services; procurement
The Executive Director of the Council is authorized to procure expert and consultant services in accordance with the provisions of section
3109 of title 5.
(f) Financial and administrative services
Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement)
shall be provided the Council by the Department
of the Interior or, at the discretion of the Coun-

Page 876

cil, such other agency or private entity that
reaches an agreement with the Council, for
which payments shall be made in advance or by
reimbursement from funds of the Council in
such amounts as may be agreed upon by the
Chairman of the Council and the head of the
agency or, in the case of a private entity, the
authorized representative of the private entity
that will provide the services. When a Federal
agency affords such services, the regulations of
that agency for the collection of indebtedness of
personnel resulting from erroneous payments (5
U.S.C. 5514(b)) shall apply to the collection of erroneous payments made to or on behalf of a
Council employee and regulations of that agency for the administrative control of funds (31
U.S.C. 1513(d), 1514) shall apply to appropriations
of the Council. The Council shall not be required
to prescribe such regulations.
(g) Use of funds, personnel, facilities, and services of Federal agencies
Any Federal agency may provide the Council,
with or without reimbursement as may be
agreed upon by the Chairman and the agency,
with such funds, personnel, facilities and services under its jurisdiction and control as may be
needed by the Council to carry out its duties, to
the extent that such funds, personnel, facilities,
and services are requested by the Council and
are otherwise available for that purpose. Any
funds provided to the Council pursuant to this
subsection must be expended by the end of the
fiscal year following the fiscal year in which the
funds are received by the Council. To the extent
of available appropriations, the Council may obtain by purchase, rental, donation, or otherwise,
such additional property 1 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 subchapter.
(Pub. L. 89–665, title II, § 205, Oct. 15, 1966, 80
Stat. 919; Pub. L. 91–243, § 1(g), May 9, 1970, 84
Stat. 204; Pub. L. 94–422, title II, § 201(7), Sept. 28,
1976, 90 Stat. 1321; Pub. L. 96–515, title III, § 301(i),
(j), Dec. 12, 1980, 94 Stat. 2999; Pub. L. 104–333,
div. I, title V, § 509(c)(4), Nov. 12, 1996, 110 Stat.
4158; Pub. L. 106–176, title I, § 109, Mar. 10, 2000,
114 Stat. 26; Pub. L. 109–453, § 1(e), Dec. 22, 2006,
120 Stat. 3367.)
CODIFICATION
In subsec. (d), ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ was substituted for ‘‘the Classification
Act of 1949’’ on authority of Pub. L. 89–554, § 7(b), Sept.
6, 1966, 80 Stat. 631, the first section of which enacted
Title 5, Government Organization and Employees.
AMENDMENTS
2006—Subsec. (f). Pub. L. 109–453 amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ‘‘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
1 So

in original. Probably should be followed by a comma.

Page 877

§ 470n

TITLE 16—CONSERVATION

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.’’
2000—Subsec. (g). Pub. L. 106–176 substituted ‘‘for that
purpose.’’ for ‘‘for the purpose.’’.
1996—Subsec. (g). Pub. L. 104–333 amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ‘‘The members of the Council specified in paragraphs (2) through (4) of section 470i(a) of this title
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 subchapter.’’
1980—Subsec. (b). Pub. L. 96–515, § 301(i), inserted
‘‘, including enforcement of agreements with Federal
agencies to which the Council is a party’’ after ‘‘wherever appropriate’’.
Subsec. (g). Pub. L. 96–515, § 301(j), substituted ‘‘paragraphs (2) through (4)’’ for ‘‘paragraphs (1) through
(16)’’ and inserted provision authorizing the Council to
accept donations of moneys and the Executive Director, in his discretion, to accept, hold, use, expend, and
administer such moneys.
1976—Subsec. (a). Pub. L. 94–422 substituted provisions authorizing appointment of the Executive Director by the Chairman and that the Executive Director
shall report to the Council who shall prescribe his functions and duties for provisions designating the Director
of the National Park Service or his designee as the Executive Director of the Council and incorporated provisions relating to furnishing of financial and administrative services by the Department of the Interior in
subsec. (f).
Subsec. (b). Pub. L. 94–422 substituted provisions authorizing appointment of a General Counsel by the Executive Director and such other attorneys as may be
necessary to assist General Counsel for provisions authorizing Council to appoint and fix compensation of
additional personnel as may be necessary to carry out
its duties.
Subsec. (c). Pub. L. 94–422 substituted provisions authorizing Executive Director to appoint and fix the
compensation of officers and employees for provisions
authorizing Council to procure temporary and intermittent services to the same extent as is authorized by
section 55a of title 5, but at rates not to exceed $50 per
diem for individuals.
Subsec. (d). Pub. L. 94–422 substituted provisions authorizing Executive Director to appoint and fix compensation of additional personnel for provisions relating to members of Council furnishing, on a reimbursable basis, such facilities and services under their jurisdiction and control as may be needed by the Council.
Subsec. (e). Pub. L. 94–422 added subsec. (e).
Subsec. (f). Pub. L. 94–422 incorporated provisions of
former subsec. (a).
Subsec. (g). Pub. L. 94–422 added subsec. (g).
1970—Subsec. (d). Pub. L. 91–243 substituted ‘‘(9)’’ for
‘‘(6)’’.

REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 470n. International Centre for Study of Preservation and Restoration of Cultural Property
(a) Authorization of participation
The participation of the United States as a
member in the International Centre for the
Study of the Preservation and Restoration of
Cultural Property is hereby authorized.
(b) Official delegation
The Council shall recommend to the Secretary
of State, after consultation with the Smithsonian Institution and other public and private
organizations concerned with the technical
problems of preservation, the members of the official delegation which will participate in the
activities of the Centre on behalf of the United
States. The Secretary of State shall appoint the
members of the official delegation from the persons recommended to him by the Council.
(c) Authorization of appropriations and payments
For the purposes of this section there is authorized to be appropriated an amount equal to
the assessment for United States membership in
the Centre for fiscal years 1979, 1980, 1981, and
1982: Provided, That no appropriation is authorized and no payment shall be made to the Centre
in excess of 25 per centum of the total annual assessment of such organization. Authorization for
payment of such assessments shall begin in fiscal year 1981, but shall include earlier costs.
(Pub. L. 89–665, title II, § 206, as added Pub. L.
91–243, § 2, May 9, 1970, 84 Stat. 204; amended Pub.
L. 93–54, § 1(b), July 1, 1973, 87 Stat. 139; Pub. L.
94–422, title II, § 201(8), Sept. 28, 1976, 90 Stat.
1322; Pub. L. 96–199, title I, § 114, Mar. 5, 1980, 94
Stat. 71; Pub. L. 106–208, § 5(b), May 26, 2000, 114
Stat. 319.)
AMENDMENTS
2000—Subsec. (c). Pub. L. 106–208, made technical correction to directory language of Pub. L. 96–199. See 1980
Amendment note below.
1980—Subsec. (c). Pub. L. 96–199, as amended by Pub.
L. 106–208, substituted ‘‘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’’ for ‘‘there are authorized to be appropriated not more than $175,000 per year for fiscal
years 1977, 1978, and 1979’’ in the existing provisions and
inserted provision that the authorization for the payment of assessments should begin in fiscal year 1981 but
should include earlier costs.
1976—Subsec. (c). Pub. L. 94–422 substituted provisions
authorizing appropriations of not more than $175,000
per year for fiscal years 1977, 1978, and 1979 for provisions authorizing appropriations of not more than
$100,000 in fiscal year 1974, $100,000 in fiscal year 1975,
and $125,000 in fiscal year 1976 and struck out ‘‘effective
January 1, 1974,’’ after ‘‘Provided, That’’.
1973—Subsec. (c). Pub. L. 93–54 added subsec. (c) and
repealed former subsec. (c) authorizing appropriation of
$100,000 annually for fiscal years 1971 through 1973.

§ 470o

TITLE 16—CONSERVATION

§ 470o. Transfer of personnel, property, etc., by
Department of the Interior to Council; time
limit
So much of the personnel, property, records,
and unexpended balances of appropriations, allocations, and other funds employed, held, used,
programed, 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.
(Pub. L. 89–665, title II, § 207, as added Pub. L.
94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat.
1322.)
REFERENCES IN TEXT
The effective date of this Act, referred to in text,
probably means the effective date of Pub. L. 94–422,
which was approved on Sept. 28, 1976.

§ 470p. Rights, benefits, and privileges of transferred employees
Any employee in the competitive service of
the United States transferred to the Council
under the provisions of this section shall retain
all the rights, benefits, and privileges pertaining
thereto held prior to such transfer.
(Pub. L. 89–665, title II, § 208, as added Pub. L.
94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat.
1322.)
§ 470q. Operations of Council; exemption
The Council is exempt from the provisions of
the Federal Advisory Committee Act (86 Stat.
770), and the provisions of subchapter II of chapter 5, and chapter 7, of title 5 shall govern the
operations of the Council.
(Pub. L. 89–665, title II, § 209, as added Pub. L.
94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat.
1322.)
REFERENCES IN TEXT
The Federal Advisory Committee Act (86 Stat. 770),
referred to in text, is Pub. L. 92–463, Oct. 6, 1972, 86 Stat.
770, as amended, which is classified to the Appendix of
Title 5, Government Organization and Employees.
CODIFICATION
‘‘Subchapter II of chapter 5, and chapter 7 of title 5’’
substituted in text for ‘‘the Administrative Procedure
Act (80 Stat. 381)’’ on authority of Pub. L. 89–554, § 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

§ 470r. Transmittal of legislative recommendations, or testimony, or comments, to any officer or agency of the United States prior to
submission thereof to Congress; prohibition
No officer or agency of the United States shall
have any authority to require the Council to
submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval,
comments, or review, prior to the submission of
such recommendations, testimony, or comments
to the Congress. In instances in which the Council voluntarily seeks to obtain the comments or

Page 878

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.
(Pub. L. 89–665, title II, § 210, as added Pub. L.
94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat.
1322; amended Pub. L. 96–515, title III, § 301(k),
Dec. 12, 1980, 94 Stat. 2999.)
AMENDMENTS
1980—Pub. L. 96–515 struck out provision requiring
the Council, whenever it transmits any legislative recommendations, or testimony, or comments on legislation to the President or Office of Management and
Budget, to concurrently transmit copies thereof to the
House Committee on Interior and Insular Affairs and
the Senate Committee on Interior and Insular Affairs.

§ 470s. Rules and regulations; participation by
local governments
The Council is authorized to promulgate such
rules and regulations as it deems necessary to
govern the implementation of section 470f of
this title 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 to undertakings referred to in section 470f of this title which
affect such local governments.
(Pub. L. 89–665, title II, § 211, as added Pub. L.
94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat.
1322; amended Pub. L. 96–515, title III, § 301(l),
Dec. 12, 1980, 94 Stat. 2999; Pub. L. 102–575, title
XL, § 4018, Oct. 30, 1992, 106 Stat. 4763.)
AMENDMENTS
1992—Pub. L. 102–575 inserted ‘‘in its entirety’’ before
period at end of first sentence.
1980—Pub. L. 96–515 inserted provision authorizing the
Council to establish procedures as necessary to provide
for participation by local governments in proceedings
and other actions taken by the Council with respect to
undertakings referred to in section 470f of this title
which affect such local governments.

§ 470t. Budget; authorization of appropriations
(a) Time of submission; related department; authorized appropriations
The Council shall submit its budget annually
as a related agency of the Department of the Interior. There are authorized to be appropriated
such amounts as may be necessary to carry out
this part.
(b) Transmittal of copies to Congressional committees
Whenever the Council submits any budget estimate or request to the President or the Office
of Management and Budget, it shall concurrently transmit copies of that estimate or request to the House and Senate Appropriations
Committees and the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources.
(Pub. L. 89–665, title II, § 212, as added Pub. L.
94–422, title II, § 201(9), Sept. 28, 1976, 90 Stat.
1323; amended Pub. L. 95–625, title VI, § 614, Nov.
10, 1978, 92 Stat. 3521; Pub. L. 96–205, title VI,
§ 608(a)(3), Mar. 12, 1980, 94 Stat. 92; Pub. L.

Page 879

TITLE 16—CONSERVATION

96–244, § 2, May 19, 1980, 94 Stat. 346; Pub. L.
96–515, title III, § 302(b), Dec. 12, 1980, 94 Stat.
3000; Pub. L. 98–483, Oct. 17, 1984, 98 Stat. 2258;
Pub. L. 101–70, Aug. 3, 1989, 103 Stat. 180; Pub. L.
102–575, title XL, § 4017, Oct. 30, 1992, 106 Stat.
4763; Pub. L. 103–437, § 6(d)(29), Nov. 2, 1994, 108
Stat. 4584; Pub. L. 104–333, div. I, title V, § 509(a),
Nov. 12, 1996, 110 Stat. 4157; Pub. L. 106–208, § 3,
May 26, 2000, 114 Stat. 318; Pub. L. 109–453, § 1(f),
Dec. 22, 2006, 120 Stat. 3368.)
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–453, which directed
amendment of subsec. (a) by substituting ‘‘such
amounts as may be necessary to carry out this part’’
for ‘‘for purposes of this part not to exceed $4,000,000 for
each fiscal year 1997 through 2005’’, was executed by
making the substitution for ‘‘for the purposes of this
part not to exceed $4,000,000 in each fiscal year 1997
through 2005’’ to reflect the probable intent of Congress.
2000—Subsec. (a). Pub. L. 106–208 substituted ‘‘2005’’
for ‘‘2000’’.
1996—Subsec. (a). Pub. L. 104–333 amended last sentence generally. Prior to amendment, last sentence
read as follows: ‘‘There are authorized to be appropriated for purposes of this part not to exceed $5,000,000
for each of the fiscal years 1993 through 1996.’’
1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural
Resources’’ for ‘‘Interior and Insular Affairs’’ after
‘‘Committee on’’.
1992—Subsec. (a). Pub. L. 102–575 substituted provision authorizing appropriations for purposes of this
part of not to exceed $5,000,000 for each of fiscal years
1993 through 1996 for provision authorizing appropriations of not to exceed $2,500,000 in each fiscal year 1990
through 1994.
1989—Subsec. (a). Pub. L. 101–70 substituted provision
authorizing appropriations of not to exceed $2,500,000 in
each fiscal year 1990 through 1994 for provision authorizing appropriations, to carry out provisions of this
part, of not more than $2,500,000 for each of the fiscal
years 1985 through 1989.
1984—Subsec. (a). Pub. L. 98–483 substituted provision
authorizing appropriations of not more than $2,500,000
for each of the fiscal years 1985 through 1989 for provision authorizing appropriations of not more than
$1,500,000 to $2,250,000 in increments of $250,000 for fiscal
years 1977 through 1980, and not more than $2,500,000 for
each of the fiscal years 1981 through 1983.
1980—Subsec. (a). Pub. L. 96–244 inserted ‘‘$2,500,000 in
the fiscal year 1981, $2,500,000 in fiscal year 1982, and
$2,500,000 in fiscal year 1983’’ after ‘‘in fiscal year 1980’’.
Subsec. (b). Pub. L. 96–515 substituted ‘‘Senate Committee on Energy and Natural Resources’’ for ‘‘Senate
Committee on Interior and Insular Affairs’’, which
amendment is identical to the amendment by section
608(a)(3) of Pub. L. 96–205, thereby requiring no change
in text.
Pub. L. 96–205 substituted ‘‘Energy and Natural Resources’’ for ‘‘Interior and Insular Affairs’’.
1978—Subsec. (a). Pub. L. 95–625 authorized appropriation of $2,250,000 in fiscal year 1980.

§ 470u. Report by Secretary to Council
To assist the Council in discharging its responsibilities under this subchapter, 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.
(Pub. L. 89–665, title II, § 213, as added Pub. L.
96–515, title III, § 302(a), Dec. 12, 1980, 94 Stat.
3000.)

§ 470w

§ 470v. Exemption for Federal programs or undertakings; regulations
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 subchapter
when such exemption is determined to be consistent with the purposes of this subchapter,
taking into consideration the magnitude of the
exempted undertaking or program and the likelihood of impairment of historic properties.
(Pub. L. 89–665, title II, § 214, as added Pub. L.
96–515, title III, § 302(a), Dec. 12, 1980, 94 Stat.
3000.)
§ 470v–1. Reimbursements from State and local
agencies
Subject to applicable conflict of interest laws,
the Council may receive reimbursements from
State and local agencies and others pursuant to
agreements executed in furtherance of the purposes of this subchapter.
(Pub. L. 89–665, title II, § 215, as added Pub. L.
104–333, div. I, title V, § 509(c)(3), Nov. 12, 1996, 110
Stat. 4157.)
§ 470v–2. Effectiveness of Federal grant and assistance programs
(a) Cooperative agreements
The Council may enter into a cooperative
agreement with any Federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of the administration of such program in meeting the
purposes and policies of this subchapter. Such
cooperative agreements may include provisions
that modify the selection criteria for a grant or
assistance program to further the purposes of
this subchapter or that allow the Council to participate in the selection of recipients, if such
provisions are not inconsistent with the grant or
assistance program’s statutory authorization
and purpose.
(b) Review of grant and assistance programs
The Council may—
(1) review the operation of any Federal grant
or assistance program to evaluate the effectiveness of such program in meeting the purposes and policies of this subchapter;
(2) make recommendations to the head of
any Federal agency that administers such program to further the consistency of the program with the purposes and policies of the
subchapter and to improve its effectiveness in
carrying out those purposes and policies; and
(3) make recommendations to the President
and Congress regarding the effectiveness of
Federal grant and assistance programs in
meeting the purposes and policies of this subchapter, including recommendations with regard to appropriate funding levels.
(Pub. L. 89–665, title II, § 216, as added Pub. L.
109–453, § 1(g), Dec. 22, 2006, 120 Stat. 3368.)
PART C—GENERAL AND MISCELLANEOUS
§ 470w. Definitions
As used in this subchapter, the term—

§ 470w

TITLE 16—CONSERVATION

(1) ‘‘Agency’’ means agency as such term is
defined in section 551 of title 5.
(2) ‘‘State’’ means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands, the Republic
of the Marshall Islands, the Federated States
of Micronesia, and, upon termination of the
Trusteeship Agreement for the Trust Territory of the Pacific Islands, the Republic of
Palau.
(3) ‘‘Local government’’ means a city, county, parish, township, municipality, or borough,
or any other general purpose political subdivision of any State.
(4) ‘‘Indian tribe’’ or ‘‘tribe’’ means an Indian tribe, band, nation, or other organized
group or community, including a Native village, Regional Corporation or Village Corporation, as those terms are defined in section 1602
of title 43, 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 470a of this title.
(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.
(8) ‘‘Preservation’’ or ‘‘historic preservation’’ includes identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation,
restoration, stabilization, maintenance, research, interpretation, conservation, and education and 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.

Page 880

(12) ‘‘State historic preservation review
board’’ means a board, council, commission, or
other similar collegial body established as provided in section 470a(b)(1)(B) of this title—
(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
(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 470a(c)(1)(B) of this title, 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
(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 470a(c) of this title.
(16) ‘‘Council’’ means the Advisory Council
on Historic Preservation established by section 470i of this title.
(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;
(B) has as a primary and stated purpose
the provision of services to Native Hawaiians; and

Page 881

TITLE 16—CONSERVATION

(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.
(Pub. L. 89–665, title III, § 301, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3001;
amended Pub. L. 102–575, title XL, § 4019(a), Oct.
30, 1992, 106 Stat. 4763; Pub. L. 106–208, § 5(a)(10),
May 26, 2000, 114 Stat. 319.)
AMENDMENTS
2000—Par. (12)(C)(iii). Pub. L. 106–208 substituted
semicolon for comma after ‘‘Officer’’.
1992—Par. (1). Pub. L. 102–575, § 4019(a)(1), struck out
‘‘, except that in the case of any Federal program exempted under section 470v of this title, the agency administering such program shall not be treated as an
agency with respect to such program’’ after ‘‘title 5’’.
Par. (2). Pub. L. 102–575, § 4019(a)(2), substituted ‘‘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’’ for ‘‘the Trust Territories of the Pacific Islands’’.
Par. (4). Pub. L. 102–575, § 4019(a)(3), amended par. (4)
generally. Prior to amendment, par. (4) read as follows:
‘‘ ‘Indian tribe’ means the governing body of any Indian
tribe, band, nation, or other group which is recognized
as an Indian tribe by the Secretary of the Interior and
for which the United States holds land in trust or restricted status for that entity or its members. Such
term also includes any Native village corporation, regional corporation, and Native Group established pursuant to the Alaska Native Claims Settlement Act.’’
Par. (5). Pub. L. 102–575, § 4019(a)(4), substituted ‘‘Register, including artifacts, records, and material remains related to such a property or resource.’’ for
‘‘Register; such term includes artifacts, records, and remains which are related to such a district, site, building, structure, or object.’’
Par. (7). Pub. L. 102–575, § 4019(a)(5), amended par. (7)
generally. Prior to amendment, par. (7) read as follows:
‘‘ ‘Undertaking’ means any action as described in section 470f of this title.’’
Par. (8). Pub. L. 102–575, § 4019(a)(6), substituted
‘‘maintenance, research, interpretation, conservation,
and education and training regarding the foregoing activities,’’ for ‘‘maintenance and reconstruction,’’.
Par. (9). Pub. L. 102–575, § 4019(a)(7), substituted ‘‘definable area’’ for ‘‘definable urban area’’.
Par. (10). Pub. L. 102–575, § 4019(a)(8), substituted ‘‘an
area’’ for ‘‘an urban area of one or more neighborhoods
and’’.
Par. (11). Pub. L. 102–575, § 4019(a)(9), inserted ‘‘acting
through the Director of the National Park Service’’
after ‘‘of the Interior’’.
Par. (12)(B). Pub. L. 102–575, § 4019(a)(10), substituted
‘‘architecture, folklore, cultural anthropology, curation, conservation, and landscape architecture’’ for
‘‘and architecture’’.
Par. (13)(A). Pub. L. 102–575, § 4019(a)(11), substituted
‘‘prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture’’ for ‘‘archaeology’’.
Pars. (14) to (18). Pub. L. 102–575, § 4019(a)(12), added
pars. (14) to (18).
HISTORIC PRESERVATION FUND MATCHING GRANT
ASSISTANCE
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1382, provided in part: ‘‘That the Trust Territory of the Pacific
Islands is a State eligible for Historic Preservation

§ 470w–3

Fund matching grant assistance, in fiscal year 1993 and
thereafter, as authorized under 16 U.S.C. 470w(2)’’.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands and the Trusteeship Agreement, see note set out
preceding section 1681 of Title 48, Territories and Insular Possessions.

§ 470w–1. Authorization for expenditure of appropriated funds
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 subchapter, except
to the extent appropriations legislation expressly provides otherwise.
(Pub. L. 89–665, title III, § 302, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.)
§ 470w–2. Donations and bequests of money, personal property and less than fee interests in
historic property
(a) The Secretary is authorized to accept donations and bequests of money and personal
property for the purposes of this subchapter 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 subchapter 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.
(Pub. L. 89–665, title III, § 303, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.)
§ 470w–3. 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 subchapter, 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) of this section, 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 subchapter.
(c) Consultation with Council
When the information in question has been developed in the course of an agency’s compliance

§ 470w–4

TITLE 16—CONSERVATION

with section 470f or 470h–2(f) of this title, the
Secretary shall consult with the Council in
reaching determinations under subsections (a)
and (b) of this section.
(Pub. L. 89–665, title III, § 304, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002;
amended Pub. L. 102–575, title XL, § 4020, Oct. 30,
1992, 106 Stat. 4765.)
AMENDMENTS
1992—Pub. L. 102–575 amended section generally. Prior
to amendment, section read as follows: ‘‘The head of
any Federal agency, after consultation with the Secretary, shall withhold from disclosure to the public, information relating to the location or character of historic resources whenever the head of the agency or the
Secretary determines that the disclosure of such information may create a substantial risk of harm, theft, or
destruction to such resources or to the area or place
where such resources are located.’’

§ 470w–4. Attorneys’ fees and costs to prevailing
parties in civil actions
In any civil action brought in any United
States district court by any interested person to
enforce the provisions of this subchapter, 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.
(Pub. L. 89–665, title III, § 305, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.)
§ 470w–5. National Museum for the Building Arts
(a) Cooperative agreement between Secretary,
Administrator of General Services Administration and Committee for National Museum
of the Building Arts; purposes
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 shall—
(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;
(3) publicly display temporary and permanent exhibits illustrating, interpreting and
demonstrating the building arts;

Page 882

(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) Provisions of cooperative agreement
The cooperative agreement referred to in subsection (a) of this section shall include provisions which—
(1) make the site available to the Committee
referred to in subsection (a) of this section
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 subchapter.
(c) Matching grants-in-aid to Committee; limitation on amounts
The Secretary is authorized and directed to
provide matching grants-in-aid to the Committee referred to in subsection (a) of this section
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) Renovation of site
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) Annual Committee report to Secretary and
Administrator
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) ‘‘Building arts’’ defined
For purposes of this section, the term ‘‘building arts’’ includes, but shall not be limited to,
all practical and scholarly aspects of prehistoric, historic, and contemporary architecture, archaeology, construction, building technology and skills, landscape architecture, preservation and conservation, building and construction, engineering, urban and community
design and renewal, city and regional planning,
and related professions, skills, trades, and
crafts.
(Pub. L. 89–665, title III, § 306, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002.)

Page 883

TITLE 16—CONSERVATION

§ 470w–6. Effective date of regulations
(a) Effective date of final regulations
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) Disapproval of regulation by resolution of
Congress
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.
(c) Failure of Congress to adopt resolution of disapproval of regulation
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 from 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.
(d) Sessions of Congress
For the purposes of this section—
(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.
(e) Congressional inaction or rejection of resolution of disapproval not deemed approval of
regulation
Congressional inaction on or rejection of a resolution of disapproval shall not be deemed an
expression of approval of such regulation.
(Pub. L. 89–665, title III, § 307, as added Pub. L.
96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3004;
amended Pub. L. 103–437, § 6(d)(29), Nov. 2, 1994,
108 Stat. 4584; Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(O), (2)(E), Nov. 12, 1996, 110 Stat. 4196;
Pub. L. 106–176, title I, § 120(a)(2), Mar. 10, 2000,
114 Stat. 28; Pub. L. 106–208, § 5(a)(11)–(13), May
26, 2000, 114 Stat. 319.)
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–208, § 5(a)(11), substituted ‘‘No final regulation’’ for ‘‘Except as provided
in subsection (b) of this section, no final regulation’’.
Pub. L. 106–176 made technical correction to directory
language of Pub. L. 104–333, § 814(d)(2)(E). See 1996
Amendment note below.

§ 470w–7

Subsec. (b). Pub. L. 106–208, § 5(a)(13), redesignated
subsec. (c) as (b).
Subsec.(c). Pub. L. 106–208, § 5(a)(13), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Pub. L. 106–208, § 5(a)(12), which directed the amendment of subsec. (c) by substituting ‘‘The regulation’’
for ‘‘Except as provided in subsection (b) of this section, the regulation’’, was executed by making the substitution for text that did not include the phrase ‘‘of
this section’’.
Subsecs. (d) to (f). Pub. L. 106–208, § 5(a)(13), redesignated subsecs. (d) to (f) as (c) to (e), respectively.
1996—Subsec. (a). Pub. L. 104–333, § 814(d)(2)(E), as
amended by Pub. L. 106–176, struck out first two sentences which read as follows: ‘‘At least thirty days
prior to publishing in the Federal Register any proposed regulation required by this subchapter, the Secretary shall transmit a copy of the regulation to the
Committee on Natural Resources 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.’’
Subsec. (b). Pub. L. 104–333, § 814(d)(1)(O), struck out
subsec. (b) which read as follows: ‘‘In the case of an
emergency, a final regulation of the Secretary may become effective without regard to the last sentence of
subsection (a) of this section if the Secretary notified
in writing the Committee on Natural Resources 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.’’
1994—Subsecs. (a), (b). Pub. L. 103–437 substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.

§ 470w–7. Historic lighthouse preservation
(a) In general
In order to provide a national historic light
station program, the Secretary shall—
(1) collect and disseminate information concerning historic light stations, including historic lighthouses and associated structures;
(2) foster educational programs relating to
the history, practice, and contribution to society of historic light stations;
(3) sponsor or conduct research and study
into the history of light stations;
(4) maintain a listing of historic light stations; and
(5) assess the effectiveness of the program
established by this section regarding the conveyance of historic light stations.
(b) Conveyance of historic light stations
(1) Process and policy
Not later than 1 year after October 24, 2000,
the Secretary and the Administrator shall establish a process and policies for identifying,
and selecting, an eligible entity to which a
historic light station could be conveyed for
education, park, recreation, cultural, or historic preservation purposes, and to monitor
the use of such light station by the eligible entity.
(2) Application review
The Secretary shall review all applications
for the conveyance of a historic light station,
when the agency with administrative jurisdiction over the historic light station has determined the property to be ‘‘excess property’’ as
that term is defined in section 102(3) of title

§ 470w–7

TITLE 16—CONSERVATION

40, and forward to the Administrator a single
approved application for the conveyance of the
historic light station. When selecting an eligible entity, the Secretary shall consult with
the State Historic Preservation Officer of the
State in which the historic light station is located.
(3) Conveyance of historic light stations
(A) Except as provided in subparagraph (B),
the Administrator shall convey, by quitclaim
deed, without consideration, all right, title,
and interest of the United States in and to the
historic light station, subject to the conditions set forth in subsection (c) of this section
after the Secretary’s selection of an eligible
entity. The conveyance of a historic light station under this section shall not be subject to
the provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) or
section 416(d) of the Coast Guard Authorization Act of 1998 (Public Law 105–383).
(B)(i) Historic light stations located within
the exterior boundaries of a unit of the National Park System or a refuge within the National Wildlife Refuge System shall be conveyed or sold only with the approval of the
Secretary.
(ii) If the Secretary approves the conveyance
of a historic light station referenced in this
paragraph, such conveyance shall be subject to
the conditions set forth in subsection (c) of
this section and any other terms or conditions
the Secretary considers necessary to protect
the resources of the park unit or wildlife refuge.
(iii) If the Secretary approves the sale of a
historic light station referenced in this paragraph, such sale shall be subject to the conditions set forth in subparagraphs (A) through
(D) and (H) of subsection (c)(1) of this section
and subsection (c)(2) of this section and any
other terms or conditions the Secretary considers necessary to protect the resources of
the park unit or wildlife refuge.
(iv) For those historic light stations referenced in this paragraph, the Secretary is encouraged to enter into cooperative agreements
with appropriate eligible entities, as provided
in this subchapter, to the extent such cooperative agreements are consistent with the Secretary’s responsibilities to manage and administer the park unit or wildlife refuge, as appropriate.
(c) Terms of conveyance
(1) In general
The conveyance of a historic light station
shall be made subject to any conditions, including the reservation of easements and
other rights on behalf of the United States,
the Administrator considers necessary to ensure that—
(A) the Federal aids to navigation located
at the historic light station in operation on
the date of conveyance remain the personal
property of the United States and continue
to be operated and maintained by the United
States for as long as needed for navigational
purposes;
(B) there is reserved to the United States
the right to remove, replace, or install any

Page 884

Federal aid to navigation located at the historic light station as may be necessary for
navigational purposes;
(C) the eligible entity to which the historic light station is conveyed under this
section shall not interfere or allow interference in any manner with any Federal aid
to navigation, nor hinder activities required
for the operation and maintenance of any
Federal aid to navigation, without the express written permission of the head of the
agency responsible for maintaining the Federal aid to navigation;
(D) the eligible entity to which the historic light station is conveyed under this
section shall, at its own cost and expense,
use and maintain the historic light station
in accordance with this subchapter, the Secretary of the Interior’s Standards for the
Treatment of Historic Properties, 36 CFR
part 68, and other applicable laws, and any
proposed changes to the historic light station shall be reviewed and approved by the
Secretary in consultation with the State
Historic Preservation Officer of the State in
which the historic light station is located,
for
consistency
with
36
CFR
part
800.5(a)(2)(vii), and the Secretary of the Interior’s Standards for Rehabilitation, 36 CFR
part 67.7;
(E) the eligible entity to which the historic light station is conveyed under this
section shall make the historic light station
available for education, park, recreation,
cultural or historic preservation purposes
for the general public at reasonable times
and under reasonable conditions;
(F) the eligible entity to which the historic light station is conveyed shall not sell,
convey, assign, exchange, or encumber the
historic light station, any part thereof, or
any associated historic artifact conveyed to
the eligible entity in conjunction with the
historic light station conveyance, including
but not limited to any lens or lanterns, unless such sale, conveyance, assignment, exchange or encumbrance is approved by the
Secretary;
(G) the eligible entity to which the historic light station is conveyed shall not conduct any commercial activities at the historic light station, any part thereof, or in
connection with any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, in any manner, unless such commercial activities are approved by the Secretary; and
(H) the United States shall have the right,
at any time, to enter the historic light station conveyed under this section without notice, for purposes of operating, maintaining,
and inspecting any aid to navigation and for
the purpose of ensuring compliance with this
subsection, to the extent that it is not possible to provide advance notice.
(2) Maintenance of aid to navigation
Any eligible entity to which a historic light
station is conveyed under this section shall
not be required to maintain any Federal aid to

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TITLE 16—CONSERVATION

navigation associated with a historic light
station, except any private aids to navigation
permitted under section 83 of title 14 to the eligible entity.
(3) Reversion
In addition to any term or condition established pursuant to this subsection, the conveyance of a historic light station shall include a
condition that the historic light station, or
any associated historic artifact conveyed to
the eligible entity in conjunction with the historic light station conveyance, including but
not limited to any lens or lanterns, at the option of the Administrator, shall revert to the
United States and be placed under the administrative control of the Administrator, if—
(A) the historic light station, any part
thereof, or any associated historic artifact
ceases to be available for education, park,
recreation, cultural, or historic preservation
purposes for the general public at reasonable
times and under reasonable conditions which
shall be set forth in the eligible entity’s application;
(B) the historic light station or any part
thereof ceases to be maintained in a manner
that ensures its present or future use as a
site for a Federal aid to navigation;
(C) the historic light station, any part
thereof, or any associated historic artifact
ceases to be maintained in compliance with
this subchapter, the Secretary of the Interior’s Standards for the Treatment of Historic
Properties, 36 CFR part 68, and other applicable laws;
(D) the eligible entity to which the historic light station is conveyed, sells, conveys, assigns, exchanges, or encumbers the
historic light station, any part thereof, or
any associated historic artifact, without approval of the Secretary;
(E) the eligible entity to which the historic light station is conveyed, conducts any
commercial activities at the historic light
station, any part thereof, or in conjunction
with any associated historic artifact, without approval of the Secretary; or
(F) at least 30 days before the reversion,
the Administrator provides written notice to
the owner that the historic light station or
any part thereof is needed for national security purposes.
(4) Light stations originally conveyed under
other authority
Upon receiving notice of an executed or intended conveyance by an owner who—
(A) received from the Federal Government
under authority other than this subchapter
an historic light station in which the United
States retains a reversionary or other interest; and
(B) is conveying it to another person by
sale, gift, or any other manner,
the Secretary shall review the terms of the executed or proposed conveyance to ensure that
any new owner is capable of or is complying
with any and all conditions of the original
conveyance. The Secretary may require the
parties to the conveyance and relevant Fed-

§ 470w–7

eral agencies to provide such information as is
necessary to complete this review. If the Secretary determines that the new owner has not
or is unable to comply with those conditions,
the Secretary shall immediately advise the
Administrator, who shall invoke any reversionary interest or take such other action as
may be necessary to protect the interests of
the United States.
(d) Description of property
(1) In general
The Administrator shall prepare the legal
description of any historic light station conveyed under this section. The Administrator,
in consultation with the Commandant, United
States Coast Guard, and the Secretary, may
retain all right, title, and interest of the
United States in and to any historical artifact,
including any lens or lantern, that is associated with the historic light station and located at the light station at the time of conveyance. Wherever possible, such historical artifacts should be used in interpreting that station. In cases where there is no method for
preserving lenses and other artifacts and
equipment in situ, priority should be given to
preservation or museum entities most closely
associated with the station, if they meet loan
requirements.
(2) Artifacts
Artifacts associated with, but not located at,
the historic light station at the time of conveyance shall remain the personal property of
the United States under the administrative
control of the Commandant, United States
Coast Guard.
(3) Covenants
All conditions placed with the quitclaim
deed of title to the historic light station shall
be construed as covenants running with the
land.
(4) Submerged lands
No submerged lands shall be conveyed under
this section.
(e) Definitions
For purposes of this section:
(1) Administrator
The term ‘‘Administrator’’ shall mean the
Administrator of General Services.
(2) Historic light station
The term ‘‘historic light station’’ includes
the light tower, lighthouse, keepers dwelling,
garages, storage sheds, oil house, fog signal
building, boat house, barn, pumphouse,
tramhouse support structures, piers, walkways, underlying and appurtenant land and related real property and improvements associated therewith; provided that the ‘‘historic
light station’’ shall be included in or eligible
for inclusion in the National Register of Historic Places.
(3) Eligible entity
The term ‘‘eligible entity’’ shall mean:
(A) any department or agency of the Federal Government; or

§ 470w–8

TITLE 16—CONSERVATION

(B) any department or agency of the State
in which the historic light station is located,
the local government of the community in
which the historic light station is located,
nonprofit corporation, educational agency,
or community development organization
that—
(i) has agreed to comply with the conditions set forth in subsection (c) of this section and to have such conditions recorded
with the deed of title to the historic light
station; and
(ii) is financially able to maintain the
historic light station in accordance with
the conditions set forth in subsection (c) of
this section.
(4) Federal aid to navigation
The term ‘‘Federal aid to navigation’’ shall
mean any device, operated and maintained by
the United States, external to a vessel or aircraft, intended to assist a navigator to determine position or safe course, or to warn of
dangers or obstructions to navigation, and
shall include, but not be limited to, a light,
lens, lantern, antenna, sound signal, camera,
sensor, electronic navigation equipment,
power source, or other associated equipment.
(5) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(Pub. L. 89–665, title III, § 308, as added Pub. L.
106–355, § 2, Oct. 24, 2000, 114 Stat. 1385; amended
Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675;
Pub. L. 108–293, title VI, § 627, Aug. 9, 2004, 118
Stat. 1066.)
REFERENCES IN TEXT
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (b)(3)(A), is Pub. L. 100–77, July 22,
1987, 101 Stat. 482, as amended, which is classified principally to chapter 119 (§ 11301 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 11301 of Title 42 and Tables.
Section 416(d) of the Coast Guard Authorization Act
of 1998, referred to in subsec. (b)(3)(A), is section 416(d)
of Pub. L. 105–383, which is set out as a note under section 93 of Title 14, Coast Guard.

Page 886

§ 470w–8. Historic light station sales
(a) In general
In the event no applicants are approved for the
conveyance of a historic light station pursuant
to section 470w–7 of this title, the historic light
station shall be offered for sale. Terms of such
sales shall be developed by the Administrator of
General Services and consistent with the requirements of section 470w–7, subparagraphs (A)
through (D) and (H) of subsection (c)(1), and subsection (c)(2), of this title. Conveyance documents shall include all necessary covenants to
protect the historical integrity of the historic
light station and ensure that any Federal aid to
navigation located at the historic light station
is operated and maintained by the United States
for as long as needed for that purpose.
(b) Net sale proceeds
Net sale proceeds from the disposal of a historic light station—
(1) located on public domain lands shall be
transferred to the National Maritime Heritage
Grant 1 Program, established by the National
Maritime Heritage Act of 1994 (Public Law
103–451) [16 U.S.C. 5401 et seq.] within the Department of the Interior; and
(2) under the administrative control of the
Coast Guard shall be credited to the Coast
Guard’s Operating Expenses appropriation account, and shall be available for obligation
and expenditure for the maintenance of light
stations remaining under the administrative
control of the Coast Guard, such funds to remain available until expended and shall be
available in addition to funds available in the
Operating Expense appropriation for this purpose.
(Pub. L. 89–665, title III, § 309, as added Pub. L.
106–355, § 3, Oct. 24, 2000, 114 Stat. 1389.)
REFERENCES IN TEXT
The National Maritime Heritage Act of 1994, referred
to in subsec. (b)(1), is Pub. L. 103–451, Nov. 2, 1994, 108
Stat. 4769, as amended, which is classified generally to
chapter 74 (§ 5401 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 5401 of this title and Tables.

CODIFICATION

TRANSFER OF FUNCTIONS

In subsec. (b)(2), ‘‘section 102 of title 40’’ substituted
for ‘‘the Federal Property Administrative Services Act
of 1949 (40 U.S.C. 472(e))’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works.

For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

AMENDMENTS
2004—Subsec. (c)(4). Pub. L. 108–293 added par. (4).
2000—Subsec. (b)(3)(A). Pub. L. 106–400 substituted
‘‘McKinney-Vento Homeless Assistance Act’’ for
‘‘Stewart B. McKinney Homeless Assistance Act’’.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

PART D—NATIONAL CENTER FOR PRESERVATION
TECHNOLOGY AND TRAINING
§ 470x. 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
1 So

in original. Probably should be ‘‘Grants’’.

Page 887

§ 470x–4

TITLE 16—CONSERVATION

initiative to coordinate and promote research,
distribute information, and provide training
about preservation skills and technologies
would be beneficial.
(Pub. L. 89–665, title IV, § 401, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4765.)
§ 470x–1. Definitions
For the purposes of this part—
(1) The term ‘‘Board’’ means the National
Preservation Technology and Training Board
established pursuant to section 470x–3 of this
title.
(2) The term ‘‘Center’’ means the National
Center for Preservation Technology and
Training established pursuant to section
470x–2 of this title.
(3) The term ‘‘Secretary’’ means the Secretary of the Interior.
(Pub. L. 89–665, title IV, § 402, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4766.)
§ 470x–2. Establishment of National Center
(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 Natchitoches, 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;
(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 470x–4 of this title.
(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.
(Pub. L. 89–665, title IV, § 403, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4766.)
§ 470x–3. Preservation Technology and Training
Board
(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.
(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 archaeology, architecture, conservation, curation, engineering, history, historic
preservation, landscape architecture, planning, or preservation education.
(Pub. L. 89–665, title IV, § 404, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4766; amended Pub. L. 106–208, § 5(a)(14), May 26,
2000, 114 Stat. 319.)
AMENDMENTS
2000—Subsec. (c)(2). Pub. L. 106–208 substituted a
semicolon for a comma after ‘‘organizations’’.

§ 470x–4. Preservation grants
(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.

§ 470x–5

TITLE 16—CONSERVATION

(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.
(c) Eligible applicants
Eligible applicants may include Federal and
non-Federal laboratories, accredited museums,
universities, nonprofit 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.
(e) Authorization of appropriations
There is authorized to be appropriated to
carry out this section such sums as may be necessary.
(Pub. L. 89–665, title IV, § 405, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4767.)
§ 470x–5. General provisions
(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 part.
(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.
(Pub. L. 89–665, title IV, § 406, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4767.)
§ 470x–6. National Park Service preservation
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.
(Pub. L. 89–665, title IV, § 407, as added Pub. L.
102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat.
4768.)

Page 888

CHAPTER 1B—ARCHAEOLOGICAL
RESOURCES PROTECTION
Sec.

470aa.
470bb.
470cc.
470dd.
470ee.
470ff.
470gg.
470hh.
470ii.
470jj.
470kk.
470ll.
470mm.

Congressional findings and declaration of purpose.
Definitions.
Excavation and removal.
Custody of archaeological resources.
Prohibited acts and criminal penalties.
Civil penalties.
Enforcement.
Confidentiality of information concerning nature and location of archaeological resources.
Rules and regulations; intergovernmental coordination.
Cooperation with private individuals.
Savings provisions.
Annual report to Congress.
Surveying of lands; reporting of violations.

§ 470aa. Congressional findings and declaration
of purpose
(a) The Congress finds that—
(1) archaeological resources on public lands
and Indian lands are an accessible and irreplaceable part of the Nation’s heritage;
(2) these resources are increasingly endangered because of their commercial attractiveness;
(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources
and sites resulting from uncontrolled excavations and pillage; and
(4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes
and which could voluntarily be made available
to professional archaeologists and institutions.
(b) The purpose of this chapter is to secure, for
the present and future benefit of the American
people, the protection of archaeological resources and sites which are on public lands and
Indian lands, and to foster increased cooperation
and exchange of information between governmental authorities, the professional archaeological community, and private individuals
having collections of archaeological resources
and data which were obtained before October 31,
1979.
(Pub. L. 96–95, § 2, Oct. 31, 1979, 93 Stat. 721.)
SHORT TITLE
Pub. L. 96–95, § 1, Oct. 31, 1979, 93 Stat. 721, provided
that: ‘‘This Act [enacting this chapter] may be cited as
the ‘Archaeological Resources Protection Act of 1979’.’’
GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION
Pub. L. 108–208, Mar. 19, 2004, 118 Stat. 558, known as
the ‘‘Galisteo Basin Archaeological Sites Protection
Act’’, provided for the preservation, protection, and interpretation of nationally significant archaeological
resources in the Galisteo Basin of New Mexico by designating Galisteo Basin Archaeological Protection
Sites and their acreage and provided for addition, deletion or modification of the sites, administration, cooperative agreements, acquisition of land and interests,
withdrawal of lands from mining and other public land
laws, and construction of the Act.

§ 470bb. Definitions
As used in this chapter—


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