-CITE-
16 USC Sec. 470a 01/05/99

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1A - HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER II - NATIONAL HISTORIC PRESERVATION
Part A - Programs

-HEAD-
Sec. 470a. Historic preservation program

-STATUTE-
(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.
(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 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), and
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). 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;
(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.
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 December 12, 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 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 -
(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 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 specified in the plan provided under
subparagraph (C);
(ii) that the plan defines the remaining responsibilities of
the Secretary and the State Historic Preservation Officer;
(iii) that the plan provides, with respect to properties
neither owned by a member of the tribe nor held in trust by the
Secretary for the benefit of the tribe, at the request of the
owner thereof, the State Historic Preservation Officer, in
addition to the tribal preservation official, may exercise the
historic preservation responsibilities in accordance with
subsections (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 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; matching grant-in-aid 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 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 (FOOTNOTE 1) of
this title, for the purposes of carrying out the responsibilities
of the National Trust.
(FOOTNOTE 1) See References in Text note below.
(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; (FOOTNOTE 2) and
(FOOTNOTE 2) So in original. The semicolon probably should be a
comma.
(iv) to assist persons or small businesses within any historic
district included in the National Register to remain within the
district.
(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.
(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;
(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.

SEC. 114. STATE USE OF ASSISTANCE FOR NATIONAL HERITAGE AREAS AND CORRIDORS.

In addition to other uses authorized by this Act, amounts provided to a State under this title may be used by the State to provide financial assistance to the management entity for any national heritage area or national heritage corridor established under the laws of the United States, to support cooperative historic preservation planning and development.

-SOURCE-
(Pub. L. 89-665, title I, Sec. 101, Oct. 15, 1966, 80 Stat. 915;
Pub. L. 93-54, Sec. 1(d), July 1, 1973, 87 Stat. 139; Pub. L.
91-383, Sec. 11, as added Pub. L. 94-458, Sec. 2, Oct. 7, 1976, 90
Stat. 1942; amended Pub. L. 96-205, title VI, Sec. 608(a)(1), (2),
Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, Sec. 201(a),
Dec. 12, 1980, 94 Stat. 2988; Pub. L. 102-575, title XL, Sec.
4003-4006(a), 4007, 4008, Oct. 30, 1992, 106 Stat. 4753-4755, 4758;
Pub. L. 103-437, Sec. 6(d)(29), Nov. 2, 1994, 108 Stat. 4584; Pub.
L. 104-333, div. I, title VIII, Sec. 814(d)(2)(F), Nov. 12, 1996,
110 Stat. 4196.)

-REFTEXT-
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, as
amended, 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, as amended, which is classified
generally to chapter 1B (Sec. 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.
Section 468e of this title, referred to in subsec. (e)(2), was
repealed by Pub. L. 86-533, Sec. 1(19), June 29, 1960, 74 Stat.
248.
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,
as amended, which is classified principally to subchapter I (Sec.
1901 et seq.) of chapter 18 and chapter 19 (Sec. 2001 et seq.) of
Title 48, Territories and Insular Possession. 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, as amended, which is classified generally to part A (Sec.
1931 et seq.) of subchapter II of chapter 18 of Title 48. For
complete classification of this Act to the Code, see Tables.

-MISC2-
AMENDMENTS
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, Sec. 4003, added par.
(8).
Subsec. (b)(2). Pub. L. 102-575, Sec. 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, Sec. 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, Sec. 4004(3), substituted
''1992'' for ''1980''.
Subsec. (b)(6). Pub. L. 102-575, Sec. 4004(4), added par. (6).
Subsec. (c)(4). Pub. L. 102-575, Sec. 4005, added par. (4).
Subsec. (d). Pub. L. 102-575, Sec. 4006(a)(2), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 102-575, Sec. 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, Sec. 4006(a)(1), redesignated subsec. (d) as
(e). Former subsec. (e) redesignated (f).
Subsecs. (f) to (i). Pub. L. 102-575, Sec. 4006(a)(1),
redesignated subsecs. (e) to (h) as (f) to (i), respectively.
Subsec. (j). Pub. L. 102-575, Sec. 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 acquisition 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, Sec. 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, Sec. 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, Sec. 11, as added Pub. L.
94-458, Sec. 2, added par. (4).
1973 - Subsec. (b)(1). Pub. L. 93-54 defined ''State'' to include
the Trust Territory of the Pacific Islands.

-TRANS-
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.

-MISC5-
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 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.
''(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).
''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
Section 507 of title V of div. I of Pub. L. 104-333 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) Except as provided
by paragraph (2), 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 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) The Secretary may waive paragraph (1) 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.
''(d) Funding Provision. - Pursuant to 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.
''(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
Section 4021 of Pub. L. 102-575 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 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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 398f, 410cc-22, 410cc-32,
430g-7, 470b, 470c, 470h-1, 470h-2, 470w, 698u, 5406 of this title;
title 10 section 2684; title 40 section 612a; title 43 section
2102.