I 

109TH CONGRESS 

1ST SESSION H. R. 3446 

To amend the National Historic Preservation Act to provide appropriation 

authorization and improve the operations of the Advisory Council on 

Historic Preservation. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2005 

Mr. RAHALL (for himself and Mrs. CHRISTENSEN) introduced the following 

bill; which was referred to the Committee on Resources 

A BILL 

To amend the National Historic Preservation Act to provide 

appropriation authorization and improve the operations 

of the Advisory Council on Historic Preservation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. NATIONAL HISTORIC PRESERVATION ACT 

4 AMENDMENTS. 

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

6 ‘‘National Historic Preservation Act Amendments Act of 

7 2005’’. 
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1 (b) REFERENCE.—A reference in this Act to ‘‘the 

2 Act’’ shall be a reference to the National Historic Preser3 vation Act. 

4 (c) HISTORIC PRESERVATION FUND.—Section 108 of 

5 the Act (16 U.S.C. 470h) is amended by striking ‘‘2005’’ 

6 and inserting ‘‘2011’’. 

7 (d) MEMBERSHIP OF ADVISORY COUNCIL ON HIS8 TORIC PRESERVATION.— 

9 (1) ADDITIONAL MEMBERS.—Section 201(a)(4) 

10 of the Act (16 U.S.C. 470i(a)(4)) is amended by 

11 striking ‘‘four’’ and inserting ‘‘seven’’. 

12 (2) ALLOWING DESIGNEE FOR GOVERNOR MEM13 BER.—Section 201(b) of the Act (16 U.S.C. 470i(b)) 

14 is amended by striking ‘‘(5) and’’. 

15 (3) QUORUM.—Section 201(f) of the Act (16 

16 U.S.C. 470i(f)) is amended by striking ‘‘Nine’’ and 

17 inserting ‘‘Eleven’’. 

18 (e) FINANCIAL AND ADMINISTRATIVE SERVICES FOR

19 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION.— 

20 Section 205(f) of the Act (16 U.S.C. 470m(f)) is amended 

21 to read as follows: 

22 ‘‘(f) Financial and administrative services (including 

23 those related to budgeting, accounting, financial reporting, 

24 personnel and procurement) shall be provided the Council 

25 by the Department of the Interior or, at the discretion 
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1 of the Council, such other agency or private entity that 

2 reaches an agreement with the Council, for which pay3 ments shall be made in advance or by reimbursement from 

4 funds of the Council in such amounts as may be agreed 

5 upon by the Chairman of the Council and the head of the 

6 agency or, in the case of a private entity, the authorized 

7 representative of the private entity that will provide the 

8 services. When a Federal agency affords such services, the 

9 regulations of that agency for the collection of indebted10 ness of personnel resulting from erroneous payments (5 

11 U.S.C. 5514(b)) shall apply to the collection of erroneous 

12 payments made to or on behalf of a Council employee and 

13 regulations of that agency for the administrative control 

14 of funds (31 U.S.C. 1513(d), 1514) shall apply to appro15 priations of the Council. The Council shall not be required 

16 to prescribe such regulations.’’. 

17 (f) APPROPRIATION AUTHORIZATION OF THE ADVI18 SORY COUNCIL ON HISTORIC PRESERVATION.—Section 

19 212(a) of the Act (16 U.S.C. 470t(a)) is amended by 

20 striking ‘‘for purposes of this title not to exceed 

21 $4,000,000 for each fiscal year 1997 through 2005’’ and 

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

23 this title’’. 

24 (g) EFFECTIVENESS OF FEDERAL GRANT AND AS25 SISTANCE PROGRAMS IN MEETING THE PURPOSES AND
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1 POLICIES OF THE NATIONAL HISTORIC PRESERVATION

2 ACT.—Title II of the Act is amended by adding at the 

3 end the following new section: 

4 ‘‘SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND AS5 SISTANCE PROGRAMS. 

6 ‘‘(a) COOPERATIVE AGREEMENTS.—The Council may 

7 enter into a cooperative agreement with any Federal agen8 cy that administers a grant or assistance program for the 

9 purpose of improving the effectiveness of the administra10 tion of such program in meeting the purposes and policies 

11 of this Act. Such cooperative agreements may include pro12 visions that modify the selection criteria for a grant or 

13 assistance program to further the purposes of this Act or 

14 that allow the Council to participate in the selection of 

15 recipients, if such provisions are not inconsistent with the 

16 grant or assistance program’s statutory authorization and 

17 purpose. 

18 ‘‘(b) REVIEW OF GRANT AND ASSISTANCE PRO19 GRAMS.—The Council may— 

20 ‘‘(1) review the operation of any Federal grant 

21 or assistance program to evaluate the effectiveness 

22 of such program in meeting the purposes and poli23 cies of this Act; 

24 ‘‘(2) make recommendations to the head of any 

25 Federal agency that administers such program to 
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1 further the consistency of the program with the pur2 poses and policies of the Act and to improve its ef3 fectiveness in carrying out those purposes and poli4 cies; and 

5 ‘‘(3) make recommendations to the President 

6 and Congress regarding the effectiveness of Federal 

7 grant and assistance programs in meeting the pur8 poses and policies of this Act, including rec9 ommendations with regard to appropriate funding 

10 levels.’’. 

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