The National Historic Preservatoin Act (Pub. L 89-205)

80 STAT.]

PUBLIC LAW 8 9 - 6 6 5 - O C T . 15, 1966

915

Public Law 89-665
AN ACT

October 15, 1966

To establish a program for the preservation of additional historic properties

[S. 3035]

throughout the Nation, and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled,
The Congress finds and declares—
(a) that the spirit and direction of the Nation are founded
upon and reflected in its historic past;
(b) that 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;
(c) that, 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 madequate to insure
future generations a genuine opportunity to appreciate and enjoy
the rich heritage of our Nation; and
(d) that, 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 necessarv 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.

Historic
erties.
Preserva tion
P^"^^^"" ^^tab-

TITLE I
SEC. 101. (a) The Secretary of the Interior is authorized—
Buildings and
(1) to expand and maintain a national register of districts, sites, °^Expa^islon' and
buildings, structures, and objects significant in American history, maintenance of
architecture, archeology, and culture, hereinafter referred to as National Registhe National Register, and to grant funds to States for the purpose of preparing comprehensive statewide historic surveys and
plans, in accordance with criteria established by the Secretary,
for the preservation, acquisition, and development of such properties ;
to
(2) to establish a program of matching grants-in-aid to States s tGrants
ates.
for projects having as their purpose the preservation for public
benefit of properties that are significant in American history,
architecture, archeology, and culture; and
Trust
(3) to establish a program of matching grant-in-aid to the forNational
Historic
National Trust for Historic Preservation in the United States, Preservation.
chartered by act of Congress approved October 26,1949 (63 Stat.
927), as amended, for the purpose of carrying out the responsibil- 16 u s e 468468d.
ities of the National Trust.
(b) As used in this Act—
(1) The term "State" includes, in addition to the several States 'State.
of the Union, tlie District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American Samoa.
(2) The term "project" means programs of State and local govern- 'Proj ect.
ments and other public bodies and private organizations and individuals for the acquisition of title or interests in, and for the develop-

916

"Historic
preservation."

"Secretary."
Conditions for
grants.

16 u s e 460/-4
note.

Waiver.

Apportionment.

Limitation.

PUBLIC LAW 89-665-OCT. 15, 1966

[80

STAT.

ment of, any district^ site, building, structure, or object that is significant in American history, architecture, archeology, and culture, or
property used in connection therewith, and for its development in order
to assure the preservation for public benefit of any such historical
properties.
(3) The term "historic preservation" includes the protection, rehabilitation, restoration, and reconstruction of districts, sites, buildings,
structures, and objects significant in American history, architecture,
archeology, or culture.
(4) The term "Secretary" means the Secretary of the Interior.
SEC. 102. (a) No grant may be made under this Act—
(1) unless application therefor is submitted to the Secretary in
accordance with regulations and procedures prescribed by him;
(2) unless the application is in accordance with the comprehensive statewide historic preservation plan which has been approved by the Secretary after considering its relationship to the
comprehensive statewide outdoor recreation plan prepared pursuant to the Land and Water Conservation Fund Act of 1965 (78
Stat. 897);
(3) for more than 50 per centum of the total cost involved, as
determined by the Secretary and his determination shall be final;
(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.
(b) The Secretary may in his discretion waive the requirements of
subsection ( a ) , paragraphs (2) and (5) of this section for any grant
under this Act to the National Trust for Historic Preservation in the
United States, 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.
(c) No State shall be permitted to utilize the value of real property
obtained before the date of approval of this Act in meeting the
remaining cost of a project for which a grant is made under this Act.
SEC. 103. (a) The amounts appropriated and made available for
grants to the States for comprehensive statewide historic surveys and
plans under this Act shall be apportioned amon^ the States by the
Secretary on the basis of needs as determined by him: Provided^ however^ That the amount granted to any one State shall not exceed 50
per centum of the total cost of the comj)rehensive statewide historic
survey and plan for that State, as determined by the Secretary.
(b) The amounts appropriated and made available for grants to
the States for projects under this Act for each fiscal year shall be
apportioned among the States by the Secretary in accordance with
needs as disclosed in approved statewide historic preservation plans.
The Secretary shall notify each State of its apportionment, and the
amounts thereof shall be available thereafter for payment to such
State for projects in accordance with the provisions of this Act. Any
amount of any apportionment that has not been paid or obligated by
the Secretary during the fiscal year in which such notification is given,
and for two fiscal years thereafter, shall be reapportioned by the
Secretary iii accordance with this subsection.

80

STAT.]

PUBLIC LAW 89-665-OCT. 15, 1966

917

SEC. 104. (a) No grant may be made by the Secretary for or on
account of any survey or project under this Act with respect to which
financial assistance has been given or promised under any other Federal program or activity, and no financial assistance may be given
under any other Federal program or activity for or on account of any
survey or project with respect to which assistance has been given or
promised under this Act.
(b) In order to assure consistency in policies and actions under this
Act with other related Federal programs and activities, and to assure
coordination of the planning acquisition, and development assistance
to States under this Act with other related Federal programs^ and
activities, the President may issue such regulations with respect thereto
as he deems desirable, and such assistance may be provided only in
accordance with such regulations.
SEC. 105. The beneficiary of assistance under this Act shall keep such
records as the Secretary shall prescribe, including records which fully
disclose the disposition by the beneficiary of the proceeds of such
assistance, the total cost of the project or undertaking in connection
with which such assistance is given or used, and the amount and nature
of that portion of the cost of the project or undertaking supplied by
other sources, and such other records as will facilitate an effective
audit.
SEC. 106. 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 m a j be, take
into account the effect of the undertaking on any district, site, building, structure, or object that is included in the National Register. The
head of any such Federal agency shall afford the Advisory Council on
Historic Preservation established under title I I of this Act a reasonable opportunity to comment with regard to such undertaking.
SEC. 107. Nothing in this Act shall be construed to be applicable to
the White House and its grounds, the Supreme Court building and its
grounds, or the United States Capitol and its related buildings and
grounds.
SEC. 108, There are authorized to be appropriated not to exceed
$2,000,000 to carry out the provisions of this Act for the fiscal year
1967, and not more than $10,000,000 for each of the three succeeding
fiscal years. Such appropriations shall be available for the financial
assistance authorized by this title and for the administrative expenses
of the Secretary in connection therewith, and shall remain available
until expended.
TITLE II

Coordination
with other Federal programs.

SEC. 201. (a) There is established an Advisory Council on Historic
Preservation (hereinafter referred to as the "Council") which shall
be composed of seventeen members as follows:
(1) The Secretary of the Interior.
(2) The Secretary of Housing and Urban Development.
(3) The Secretary of Commerce.
(4) The Administrator of the General Services Administration.
(5) The Secretary of the Treasury.
(6) The Attorney General.
(7) The Chairman of the National Trust for Historic Preservation.

Advisory Council on Historic
Preservation,
membership.

Exemptions.

Appropriation.

918

Terms of
office.

Chairman,
selection.

Duties.

Report to
P r e s i d e n t and
Congress.

Other F e d e r a l
a g e n c i e s , cooperation.

Compensation.

PUBLIC LAW 89-665-OCT. 15, 1966

[80

STAT.

(8) Ten appointed by the President from outside the Federal
Government. I n making these appointments, the President shall
give due consideration to the selection of officers of State and local
governments and individuals who are significantly interested and
experienced in the matters to be considered by the Council.
(b) Each member of the Council specified in paragraphs (1)
through (6) of subsection (a) may designate another officer of his
department or agency to serve on the Council in his stead.
(c) Each member of the Council appointed under paragraph (8)
of subsection (a) shall serve for a term of five years from the expiration of his predecessor's term; except that the members first appointed
under that paragraph shall serve for terms of from one to five years,
as designated by the President at the time of appointment, in such
manner as to insure that the terms of not less than one nor more than
two of them will expire in any one year.
(d) A vacancy m the Council shall not affect its powers, but shall
be filled in the same manner as the original appointment (and for the
balance of the unexpired term).
(e) The Chairman of the Council shall be designated by the President.
(f) Eight members of the Council shall constitute a quorum.
SEC. 202. (a) 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 ; and
(5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field
of historic preservation.
(b) The Council shall submit annually a comprehensive report of
its activities and the results of its studies to the President and the Congress and shall from time to time submit such additional and special
reports as it deems advisable. Each report shall propose such legislative enactments and other actions as, in the judgment of the Council,
are necessary and appropriate to carry out its recommendations.
SEC. 203. The Council is authorized to secure directly from any
department, bureau, agency, board, commission, office, independent establishment or instrumentality of the executive branch of the Federal
Government information, suggestions, estimates, and statistics for the
purpose of this title; and each such department, 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.
SEC. 204. The members of the Council specified in paragraphs (1)
through (7) of section 201(a) shall serve without additional compen-

80 STAT. ]

PUBLIC LAW 89-666-OCT. 15, 1966

sation. The members of the Council appointed under paragrapli (8)
of section 201 (a) 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.
SEC. 205. (a) The Director of the National P a r k Service or his
designee shall be the Executive Director of the Council. Financial
and administrative services (including those related to budgeting,
accounting, financial reporting, personnel and procurement) shall be
provided the Council by the Department of the Interior, for which
payments shall be made in advance, or by reimbursement, from funds
of the Council in such amounts as may be agreed upon by the Chairman of the Council and the Secretary of the Interior: Provided^ That
the regulations of the Department of the Interior for the collection
of indebtedness of personnel resulting from erroneous payments (5
U.S.C. 46e) shall apply to the collection of erroneous payments made
to or on behalf of a Council employee, and regulations of said 'Secretary for the administrative control of funds (31 U.S.C. 665 ( g ) ) shall
apply to appropriations of the Council: And provided further, That
the Council shall not be required to prescribe such regulations.
(b) The Council shall have power to appoint and fix the compensatron of such additional personnel as may be necessary to carry out its
duties, without regard to the provisions of the civil service law^s and
the Classification Act of 1949.
(c) The Council may also procure, without regard to the civil
service laws and the Classification Act of 1949, temporary and intermittent services to the same extent as is authorized for the executive
departments by section 15 of the Administrative Expenses Act of 1946
(5 U.S.C. 55a), but at rates not to exceed $50 per diem for individuals,
(d) The members of the Council specified in paragraphs (1)
through (6) of section 201(a) shall provide the Council, on a reimbursable basis, with such 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 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.
Approved October 15, 1966.

919

Executive
Director.

68 Stat. 483.

Personnel.
^ ' e , p. 288,

^o stat. 8 lo.

Public Law 89-666
AN A C T

To amend the Act of September 13, 1962, authorizing the establishment of the
Point Reyes National Seashore in the State of California, and for other
purposes.

October 15, 1966

TS-1607]

Be it enaeted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of Na^i'^nli^s^a^
September 13,1962 (76 Stat. 538) is hereby amended as follows:
shore?caUi!'
(a) Strike subsection (b) of section 2 and substitute therefor: "The i^ use 459c-i.
area i-eferred to in bubsection (a) shall also include a right-of-way to
the aforesaid tract in the general vicinity of the northwesterly portion
of the property known as 'Bear Valley Ranch', to be selected by the
Secretary, of not more than four hundred feet in width, together with
such adjoining lands as would be deprived of access by reason of the
acquisition of such right-of-way."
(b) I n section 8 strike out "$14,000,000" and substitute "$19,135,000". 16 u s e 459C-7.
Approved October 15, 1966.