39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–503 

MILITARY LAND AND NATIONAL DEFENSE ACT 

JUNE 30, 2014.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 3687] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3687) to amend the National Historic Preservation Act to 

provide that if the head of the agency managing Federal property 

objects to the inclusion of certain property on the National Register 

or its designation as a National Historic Landmark for reasons of 

national security, the Federal property shall be neither included 

nor designated until the objection is withdrawn, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 3687 is to amend the National Historic Preservation Act to provide that if the head of the agency managing 

Federal property objects to the inclusion of certain property on the 

National Register or its designation as a National Historic Landmark for reasons of national security, the Federal property shall be 

neither included nor designated until the objection is withdrawn. 

BACKGROUND AND NEED FOR LEGISLATION

The National Register of Historic Places is the official list of the 

nation’s historic places. Authorized by the National Historic Preservation Act of 1966 (NHPA), the National Park Service’s (NPS) NaVerDate Mar 15 2010 00:04 Jul 02, 2014 Jkt 039006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR503.XXX HR503

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tional Register of Historic Places is part of a program to coordinate 

and support public and private efforts to identify, evaluate, and 

protect America’s historic and archeological resources. 

Nominations for inscription into the National Register are submitted by property owners, historical societies, preservation organizations, governmental agencies, and other groups to a State Historic Preservation Officer (SHPO). Approved nominations are then 

forwarded to NPS where a final determination is made. 

While the program does not authorize specific control over designated properties, it does permit NPS involvement and eligibility 

for federal grants. Additionally, the designation may trigger Section 106 of the NHPA, requiring an onerous process with the Advisory Council on Historic Preservation and state SHPO’s for federal 

undertakings. This process has been manipulated by third parties 

to prevent development, or otherwise delay and prohibit projects 

involving inscribed places, or those eligible for inclusion. 

For example, in Southern California, an environmental group 

claiming to represent surfers nominated a beach owned by the U.S. 

Navy and used for training by the Marine Corps at Camp Pendleton. The nomination purports to protect surfing access, although 

the beach has been shared with surfers by the Marines for decades 

without issue. The Navy objected to the nomination, but NPS accepted a third party appeal allowing the application to advance. 

NPS claims that, under current law, it does not have the authority 

to reject a nomination based on national security concerns. 

H.R. 3687 amends the NHPA to allow a head of a federal agency 

to remove a property from consideration for inscription onto the 

National Register of Historic Places for reasons of national security, such as impacts on training and readiness. This authority prevents manipulation of the NHPA and the attempts to politicize the 

nomination process that could undermine the integrity and credibility of the National Register. 

COMMITTEE ACTION

H.R. 3687 was introduced on December 10, 2013, by Congressman Darrell Issa (R–CA). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittee on Public Lands and Environmental Regulation. On 

April 29, 2014, the Subcommittee held a hearing on the bill. On 

May 9, 2014, the Natural Resources Committee met to consider the 

bill. The Subcommittee on Public Lands and Environmental Regulation was discharged by unanimous consent. No amendments were 

offered, and the bill was adopted and ordered favorably reported to 

the House of Representatives by a roll call vote of 20 to 12, as follows: 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 3687—Military Land and National Defense Act 

H.R. 3687 would require the Department of the Interior (DOI) to 

notify the Congress of any federal properties being considered for 

designation as a National Historic Landmark, inclusion on the National Register of Historic Places, or nomination to the World Heritage List. Under the bill, no federal property would be designated 

as a National Historic Landmark or included in the National Register of Historic Places if the agency managing the property objects 

to the designation or inclusion of the property for reasons of national security. H.R. 3687 also would require DOI to promulgate 

regulations for the expedited removal of any properties from the 

National Register of Historic Places for national security reasons. 

Based on information proved by DOI, CBO estimates that implementing the bill would cost about $1 million over the next couple 

of years, assuming the appropriation of the necessary funds. Those 

amounts would be used to promulgate new regulations. Enacting 

H.R. 3687 would not affect direct spending or revenues; therefore, 

pay-as-you-go procedures do not apply. 

H.R. 3687 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

Based on information provided by DOI, CBO estimates that implementing the bill would cost about $1 million over the next couple 

of years, assuming the appropriation of the necessary funds. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 


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of this bill is to amend the National Historic Preservation Act to 

provide that if the head of the agency managing Federal property 

objects to the inclusion of certain property on the National Register 

or its designation as a National Historic Landmark for reasons of 

national security, the Federal property shall be neither included 

nor designated until the objection is withdrawn. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman estimates that this bill directs the Secretary of the Interior to conduct a single rulemaking. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

NATIONAL HISTORIC PRESERVATION ACT 

* * * * * * * 

TITLE I 

SEC. 101. (a)(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 43(c) of the Act entitled ‘‘An 

Act to provide for the registration and protection of trademarks 

used in commerce, to carry out the provisions of certain international conventions, and for other purposes’’, approved July 5, 

1946 (commonly known as the ‘‘Trademark Act of 1946’’ (15 U.S.C. 

1125(c))), buildings and structures on or eligible for inclusion on 


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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 the date of the enactment of the National Historic Preservation Act Amendments of 

1980 shall be deemed to be included on the National Register as 

of their initial listing for purposes of this Act. 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 Act and the Act 

of August 21, 1935 (49 Stat. 666); 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 Registerø; and¿; 

(F) notifying the owner of a property, and 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 Listø.¿; and 

(G) notifying the Committee on Natural Resources of the 

United States House of Representatives and the Committee on 

Energy and Natural Resources of the Senate if the property is 

owned by the Federal Government 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), shall 


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nominate to the Secretary properties which meet the criteria promulgated under subsection (a) for inclusion on the National Register. Subject to paragraph (6), any property nominated under this 

paragraph or under section 110(a)(2) 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). 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 or 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) If the head of the agency managing any Federal property objects to such inclusion or designation for reasons of national security, such as any impact the inclusion or designation would have on 

use of the property for military training or readiness purposes, that 

Federal property shall be neither included on the National Register 

nor designated as a National Historic Landmark until the objection 

is withdrawn. 

ø(7)¿ (8) The Secretary shall promulgate, or revise, regulations— 


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(A) ensuring that significant prehistoric and historic artifacts, and associated records, subject to section 110 of this Act, 

the Act of June 27, 1960 (16 U.S.C. 469c), and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa and 

following) are deposited in an institution with adequate longterm 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) and for the allocation of funds pursuant to section 

103(c) of this Act. 

ø(8)¿ (9) 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. 

(10) The Secretary shall promulgate regulations to allow for expedited removal of Federal property listed on the National Register of 

Historic Places if the managing agency of that Federal property submits to the Secretary a written request to remove the Federal property from the National Register of Historic Places for reasons of national security, such as any impact the inclusion or designation 

would have on use of the property for military training or readiness 

purposes. 

(b)(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 Act, and in cooperation with the State Historic Preservation 


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Officer, shall evaluate the program to determine whether it is consistent with this Act. 

(B) If, at any time, the Secretary determines that a major aspect 

of a State program is not consistent with this Act, 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 Act, until the program is 

consistent with this Act, unless the Secretary determines that the 

program will be made consistent with this Act 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); 

(I) consult with appropriate Federal agencies in accordance 

with this Act on— 

(i) Federal undertakings that may affect historic properties; and 


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(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 the date of the enactment of the National Historic Preservation Act Amendments of 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 section 101(b) (1) and (2); 

(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. 


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(D) Nothing in this subsection shall have the effect of diminishing the preservation programs and activities of the National 

Park Service. 

(c)(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 

Act and provide for the transfer in accordance with section 103(c), 

of a portion of the grants received by the States under this Act, 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); 

(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 Act. 

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 Officier 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 for 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 section 101(a). 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 section 

101(a). Any report and recommendations made under this section 


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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 103(c) of this Act, 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 subsection (c). 

(d)(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), 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 

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toric Preservation Officer with respect to review of undertakings under section 106), 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; 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); 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 103(a) 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) 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 Act; 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 106, 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. 


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(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 106, 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), 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)(1) The Secretary shall administer a program of matching 

grants to the States for the purposes of carrying out this Act. 

(2) The Secretary may administer grants to the National 

Trust for Historic Preservation in the United States, chartered 

by an Act of Congress approved October 26, 1949 (63 Stat. 947) 

consistent with the purposes of its charter and this Act. 

(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 108. 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. 

(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. 


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(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 104. 

(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 Act 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. 1681 note), 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. 1681 note). 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) No part of any grant made under this section may be used to 

compensate any person intervening in any proceeding under this 

Act. 

(g) In consultation with the Advisory Council on Historic Preservation, the Secretary shall promulgate guidelines for Federal agency responsibilities under section 110 of this title. 

(h) Within one year after the date of enactment of the National 

Historic Preservation Act Amendments of 1980, the Secretary shall 

establish, in consultation with the Secretaries of Agriculture and 

Defense, the Smithsonian Institution, and the Administrator of the 


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General Services Administration, professional standards for the 

preservation of historic properties in Federal ownership or control. 

(i) 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)(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. 

* * * * * * * 


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DISSENTING VIEWS 

H.R. 3687 amends the National Historic Preservation Act to provide federal agencies with the authority to prevent or reverse listing of federal properties in the National Register of Historic Places, 

as a World Heritage Site or designation as a National Historic 

Landmark, for purposes of national security or military readiness. 

The National Historic Preservation Act tasks Federal agencies 

with cataloging our historical resources. Since its passage in 1966, 

there have been 88,000 listings of historic properties across the 

country. Once a federal property is placed on the National Register, 

the agency managing the property must consider its historic character before making decisions, but the agency’s decision-making capability is not constrained. 

The bill was introduced in response to a petition, led by the 

Surfrider Foundation, to have the 2.25 mile stretch of beach known 

as Trestles, a popular Southern California surfing destination, listed on the National Register of Historic Places. While extremely 

popular with surfers and one of the most visited beaches in the 

state, the area is part of the U.S. Marine Corps Base Camp Pendleton, a 125,547 acre base and year-round training facility used by 

the Marines and other branches of the military. 

Citing concerns about its use of the beach for training, disruption 

of which could jeopardize renewal of the lease and future civilian 

access, the Department of the Navy expressed its opposition to listing Trestles on the National Register but it did not request this 

legislation or testify in support of its passage. In fact, the Department of the Navy testified during consideration of this bill that the 

National Historic Preservation Act does not impede national security or military readiness. 

While the review process can be contentious, decisions about 

nominations are not intended to consider plans for future use. 

Making decisions about historic preservation listing should be done 

in an independent manner by the Historic Preservation Officer and 

other relevant stakeholders. Amending the National Historic Preservation Act threatens the integrity of the nomination process and 

jeopardizes the progress we have made since this landmark law 

was passed. 

H.R. 3687 is opposed by the National Trust for Historic Preservation, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers. 

PETER DEFAZIO, 

Ranking Member, Committee on 

Natural Resources. 

RAU ́ L GRIJALVA, 

Ranking Member, 

Subcommittee on Public Lands 

and Environmental 

Regulation. 

Æ 


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