PUBLIC LAW 109–453—DEC. 22, 2006 120 STAT. 3367

Public Law 109–453

109th Congress

An Act

To amend the National Historic Preservation Act to provide appropriation authorization and improve the operations of the Advisory Council on Historic Preservation.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. NATIONAL HISTORIC PRESERVATION ACT AMENDMENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘National

Historic Preservation Act Amendments Act of 2006’’.

(b) REFERENCE.—A reference in this Act to ‘‘the Act’’ shall

be a reference to the National Historic Preservation Act (16 U.S.C.

470 et seq.).

(c) HISTORIC PRESERVATION FUND.—Section 108 of the Act (16

U.S.C. 470h) is amended by striking ‘‘2005’’ and inserting ‘‘2015’’.

(d) MEMBERSHIP OF ADVISORY COUNCIL ON HISTORIC PRESERVATION.—

(1) ADDITIONAL MEMBERS.—Section 201(a)(4) of the Act (16

U.S.C. 470i(a)(4)) is amended by striking ‘‘four’’ and inserting

‘‘seven’’.

(2) ALLOWING DESIGNEE FOR GOVERNOR MEMBER.—Section

201(b) of the Act (16 U.S.C. 470i(b)) is amended by striking

‘‘(5) and’’.

(3) QUORUM.—Section 201(f) of the Act (16 U.S.C. 470i(f))

is amended by striking ‘‘Nine’’ and inserting ‘‘12’’.

(e) FINANCIAL AND ADMINISTRATIVE SERVICES FOR THE

ADVISORY COUNCIL ON HISTORIC PRESERVATION.—Section 205(f) of

the Act (16 U.S.C. 470m(f)) is amended to read as follows:

‘‘(f) 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 Council, 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.’’.

Applicability.

National Historic

Preservation Act

Amendments Act

of 2006.

16 USC 470 note.

Dec. 22, 2006

[S. 1378]

120 STAT. 3368 PUBLIC LAW 109–453—DEC. 22, 2006

LEGISLATIVE HISTORY—S. 1378:

SENATE REPORTS: No. 109–235 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 29, considered and passed Senate.

Dec. 8, considered and passed House.

Æ

(f) APPROPRIATION AUTHORIZATION OF THE ADVISORY COUNCIL

ON HISTORIC PRESERVATION.—Section 212(a) of the Act (16 U.S.C.

470t(a)) is amended by striking ‘‘for purposes of this title not to

exceed $4,000,000 for each fiscal year 1997 through 2005’’ and

inserting ‘‘such amounts as may be necessary to carry out this

title’’.

(g) EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PRO- GRAMS IN MEETING THE PURPOSES AND POLICIES OF THE NATIONAL

HISTORIC PRESERVATION ACT.—Title II of the Act is amended by

adding at the end the following new section:

‘‘SEC. 216. 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 Act. Such cooperative agreements

may include provisions that modify the selection criteria for a

grant or assistance program to further the purposes of this Act

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 Act;

‘‘(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

Act 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 Act,

including recommendations with regard to appropriate funding

levels.’’.

Approved December 22, 2006.

16 USC 470v–2.