II

Calendar No. 453

106TH CONGRESS

2D SESSION H. R. 834

[Report No. 106–237]

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 22, 1999

Received; read twice and referred to the Committee on Energy and Natural

Resources

MARCH 9, 2000

Reported by Mr. MURKOWSKI, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To extend the authorization for the National Historic

Preservation Fund, and for other purposes.

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

3 SECTION 1. AMENDMENT OF NATIONAL HISTORIC PRESER4 VATION ACT.

5 The National Historic Preservation Act (16 U.S.C.

6 470 and following; Public Law 89–665) is amended as fol7 lows:
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HR 834 RS

1 (1) Section 101(e)(2) (16 U.S.C. 470a(e)(2)) is

2 amended to read as follows:

3 ‘‘(2) The Secretary may administer grants to the Na4 tional Trust for Historic Preservation in the United

5 States, chartered by an Act of Congress approved October

6 26, 1949 (63 Stat. 947), consistent with the purposes of

7 its charter and this Act.’’.

8 (2) Section 102 (16 U.S.C. 470b) is amended

9 by redesignating subsection (e) as subsection (f) and

10 by redesignating subsection (d), as added by section

11 4009(3) of Public Law 102–575, as subsection (e).

12 (3) Section 107 (16 U.S.C. 470g) is amended

13 to read as follows:

14 ‘‘SEC. 107. Nothing in this Act shall be construed

15 to be applicable to the White House and its grounds, the

16 Supreme Court building and its grounds, or the United

17 States Capitol and its related buildings and grounds. For

18 the purposes of this Act, the exemption for the United

19 States Captiol and its related buildings and grounds shall

20 apply to those areas depicted within the properly shaded

21 areas on the map titled ‘Map Showing Properties Under

22 the Jurisdiction of the Architect of the Captiol,’ and dated

23 November 6, 1996, which shall be on file in the office of

24 the Secretary of the Interior.’’.
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HR 834 RS

1 (4) Section 108 (16 U.S.C. 470h) is amended

2 by striking ‘‘1997’’ and inserting ‘‘2005’’.

3 (5) Section 110(a) (16 U.S.C. 470h–2(a)) is

4 amended as follows:

5 (A) In paragraph (1) by deleting the sec6 ond sentence.

7 (B) In paragraph (2)(D) by deleting ‘‘and’’

8 at the end thereof.

9 (C) In paragraph (2)(E) by striking the

10 period at the end thereof and inserting ‘‘; and’’.

11 (D) By adding at the end of paragraph (2)

12 the following new subparagraph:

13 ‘‘(F)(i) When operationally appropriate and

14 economically prudent, when locating Federal facili15 ties, Federal agencies shall give first consideration

16 to—

17 ‘‘(I) historic properties within historic dis18 tricts in central business areas; if no such prop19 erty is suitable; then

20 ‘‘(II) other developed or undeveloped sites

21 within historic districts in central business

22 areas; then

23 ‘‘(III) historic properties outside of historic

24 districts in central business areas, if no suitable

25 site within a historic district exists;
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HR 834 RS

1 ‘‘(IV) if no suitable historic properties

2 exist in central business areas, Federal agencies

3 shall next consider other suitable property in

4 central business areas;

5 ‘‘(V) if no such property is suitable, Fed6 eral agencies shall next consider the following

7 properties outside central business areas;

8 ‘‘(VI) historic properties within historic

9 districts; if no such property is suitable; then

10 ‘‘(VII) other developed or undeveloped sites

11 within historic districts; then

12 ‘‘(VIII) historic properties outside of his13 toric districts, if no suitable site within a his14 toric district exists.

15 ‘‘(ii) Any rehabilitation or construction that is

16 undertaken affecting historic properties must be

17 architecturally compatible with the character of the

18 surrounding historic district or properties.

19 ‘‘(iii) As used in this subparagraph:

20 ‘‘(I) The term ‘central business area’

21 means centralized community business areas

22 and adjacent areas of similar character, includ23 ing other specific areas which may be rec24 ommended by local officials.
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1 ‘‘(II) The term ‘Federal facility’ means a

2 building, or part thereof, or other real property

3 or interests therein, owned or leased by the

4 Federal Government.

5 ‘‘(III) The term ‘first consideration’ means

6 a preference. When acquiring property, first

7 consideration means a price or technical evalua8 tion preference.’’.

9 (6) The first sentence of section 110(l) (16

10 U.S.C. 470h–2(l)) is amended by striking ‘‘with the

11 Council’’ and inserting ‘‘pursuant to regulations

12 issued by the Council’’.

13 (7) The last sentence of section 212(a) (16

14 U.S.C. 470t(a)) is amended by striking ‘‘2000’’ and

15 inserting ‘‘2005’’.

16 SECTION 1. SHORT TITLE.

17 This Act may be cited as the ‘‘National Historic Pres18 ervation Act Amendments of 1999’’.

19 SEC. 2. REAUTHORIZATION OF HISTORIC PRESERVATION

20 FUND.

21 Section 108 of the National Historic Preservation Act

22 (16 U.S.C. 470h) is amended by striking ‘‘1997’’ and insert23 ing ‘‘2005’’.
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1 SEC. 3. REAUTHORIZATION OF ADVISORY COUNCIL ON HIS2 TORIC PRESERVATION.

3 Section 212(a) of the National Historic Preservation

4 Act (16 U.S.C. 470t(a)) is amended by striking ‘‘2000’’ and

5 inserting ‘‘2005’’.

6 SEC. 4. LOCATION OF FEDERAL FACILITIES ON HISTORIC

7 PROPERTIES.

8 Section 110(a)(1) of the National Historic Preserva9 tion Act (16 U.S.C. 470h–2(a)(1)) is amended in the second

10 sentence by striking ‘‘agency.’’ and inserting ‘‘agency, in

11 accordance with Executive Order 13006, issued May 21,

12 1996 (61 F.R. 26071).’’.

13 SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

14 (a) The National Historic Preservation Act (16 U.S.C.

15 470 et seq.) is amended as follows—

16 (1) in section 101(d)(2)(D)(ii) (16 U.S.C.

17 470a(d)(2)(D)(ii)) by striking ‘‘Officer;’’ and insert18 ing ‘‘Officer; and’’;

19 (2) by amending section 101(e)(2) (16 U.S.C.

20 470a(e)(2)) to read as follows:

21 ‘‘(2) The Secretary may administer grants to the

22 National Trust for Historic Preservation in the

23 United States, chartered by an Act of Congress ap24 proved October 26, 1949 (63 Stat. 947) consistent

25 with the purposes of its charter and this Act.’’;
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1 (3) in section 101(e)(3)(A)(iii) (16 U.S.C.

2 470a(e)(3)(A)(iii)) by striking ‘‘preservation; and’’

3 and inserting ‘‘preservation, and’’;

4 (4) in section 101(j)(2)(C) (16 U.S.C.

5 470a(j)(2)(C)) by striking ‘‘programs;’’ and inserting

6 ‘‘programs; and’’;

7 (5) in section 102(a)(3) (16 U.S.C. 470b(a)(3))

8 by striking ‘‘year.’’ and inserting ‘‘year;’’;

9 (6) in section 103(a) (16 U.S.C. 470c(a))—

10 (A) by striking ‘‘purposes this Act’’ and in11 serting ‘‘purposes of this Act’’; and

12 (B) by striking ‘‘him:.’’ and inserting

13 ‘‘him.’’;

14 (7) in section 108 (16 U.S.C. 470h)) by striking

15 ‘‘(43 U.S.C. 338)’’ and inserting ‘‘(43 U.S.C. 1338)’’;

16 (8) in section 110(1) (16 U.S.C. 470h–2(1)) by

17 striking ‘‘with the Council’’ and inserting ‘‘pursuant

18 to regulations issued by the Council’’;

19 (9) in section 112(b)(3) (16 U.S.C. 470h–4(b)(3))

20 by striking ‘‘(25 U.S.C. 3001(3) and (9))’’ and insert21 ing ‘‘(25 U.S.C. 3001 (3) and (9)))’’;

22 (10) in section 301(12)(C)(iii) (16 U.S.C.

23 470w(12)(C)(iii)) by striking ‘‘Officer, and’’ and in24 serting ‘‘Officer; and’’;
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1 (11) in section 307(a) (16 U.S.C. 470w–6(a)) by

2 striking ‘‘Except as provided in subsection (b) of this

3 section, no’’ and inserting ‘‘No’’;

4 (12) in section 307(c) (16 U.S.C. 470w–6(c)) by

5 striking ‘‘Except as provided in subsection (b) of this

6 section, the’’ and inserting ‘‘The’’;

7 (13) in section 307 (16 U.S.C. 470w–6) by redes8 ignating subsections (c) through (f), as amended, as

9 subsections (b) through (e), respectively; and

10 (14) in subsection 404(c)(2) (16 U.S.C. 470x–

11 3(c)(2)) by striking ‘‘organizations, and’’ and insert12 ing ‘‘organizations; and’’.

13 (b) Section 114 of Public Law 96–199 (94 Stat. 71)

14 is amended by striking ‘‘subsection 6(c)’’ and inserting

15 ‘‘subsection 206(c)’’.

Amend the title so as to read: ‘‘A bill to extend the

authorization for the Historic Preservation Fund and the

Advisory Council on Historic Preservation, and for other

purposes.’’.

Passed the House of Representatives September 21,

1999.

Attest: JEFF TRANDAHL,

Clerk.

Calendar No. 453

106TH CONGRESS

2D SESSION H. R. 834

[Report No. 106–237]

AN ACT

To extend the authorization for the National Historic Preservation Fund, and for other purposes.

MARCH 9, 2000

Reported with an amendment and an amendment to the

title