II 

Calendar No. 397 

109TH CONGRESS 

2D SESSION S. 1378 

[Report No. 109–235] 

To amend the National Historic Preservation Act to provide appropriation 

authorization and improve the operations of the Advisory Council on 

Historic Preservation. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2005 

Mr. TALENT (for himself, Mr. WYDEN, Mr. ALLEN, and Mr. CHAFEE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

APRIL 20, 2006 

Reported under authority of the order of the Senate of April 20, 2006, by 

Mr. DOMENICI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 


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•S 1378 RS 

1 SECTION 1. NATIONAL HISTORIC PRESERVATION ACT 

2 AMENDMENTS. 

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

4 ‘‘National Historic Preservation Act Amendments Act of 

5 2005 2006’’. 

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

7 Act’’ shall be a reference to the National Historic Preser8 vation Act (16 U.S.C. 470 et seq.). 

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

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

11 and inserting ‘‘2011 2015’’. 

12 (d) MEMBERSHIPOF ADVISORY COUNCIL ON HIS13 TORIC PRESERVATION.— 

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

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

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

17 (2) ALLOWING DESIGNEE FOR GOVERNOR MEM18 BER.—Section 201(b) of the Act (16 U.S.C. 470i(b)) 

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

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

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

22 inserting ‘‘Eleven 12’’. 

23 (e) FINANCIAL AND ADMINISTRATIVE SERVICES FOR

24 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION.— 

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

26 to read as follows: 


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•S 1378 RS 

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

2 those related to budgeting, accounting, financial reporting, 

3 personnel and procurement) shall be provided the Council 

4 by the Department of the Interior or, at the discretion 

5 of the Council, such other agency or private entity that 

6 reaches an agreement with the Council, for which pay7 ments shall be made in advance or by reimbursement from 

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

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

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

11 representative of the private entity that will provide the 

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

13 regulations of that agency for the collection of indebted14 ness of personnel resulting from erroneous payments (5 

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

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

17 regulations of that agency for the administrative control 

18 of funds (31 U.S.C. 1513(d), 1514) shall apply to appro19 priations of the Council. The Council shall not be required 

20 to prescribe such regulations.’’. 

21 (f) DONATION AUTHORITY OF THE ADVISORY COUN22 CIL ON HISTORIC PRESERVATION.—Section 205(g) of the 

23 Act (16 U.S.C. 470m(g)) is amended— 

24 (1) by striking ‘‘obtain,’’ and inserting ‘‘solicit 

25 and obtain,’’; and 


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•S 1378 RS 

1 (2) by striking ‘‘may also receive’’ and inserting 

2 ‘‘may also solicit and receive’’. 

3 (g) (f) APPROPRIATION AUTHORIZATION OF THE AD4 VISORY COUNCIL ON HISTORIC PRESERVATION.—Section 

5 212(a) of the Act (16 U.S.C. 470t(a)) is amended by 

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

7 $4,000,000 for each fiscal year 1997 through 2005’’ and 

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

9 this title’’. 

10 (h) (g) EFFECTIVENESS OF FEDERAL GRANT AND

11 ASSISTANCE PROGRAMS IN MEETING THE PURPOSES AND

12 POLICIES OF THE NATIONAL HISTORIC PRESERVATION

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

14 end the following new section: 

15 ‘‘SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND AS16 SISTANCE PROGRAMS. 

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

18 enter into a cooperative agreement with any Federal agen19 cy that administers a grant or assistance program for the 

20 purpose of improving the effectiveness of the administra21 tion of such program in meeting the purposes and policies 

22 of this Act. Such cooperative agreements may include pro23 visions that modify the selection criteria for a grant or 

24 assistance program to further the purposes of this Act or 

25 that allow the Council to participate in the selection of 


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•S 1378 RS 

1 recipients, if such provisions are not inconsistent with the 

2 grant or assistance program’s statutory authorization and 

3 purpose. 

4 ‘‘(b) REVIEW OF GRANT AND ASSISTANCE PRO5 GRAMS.—The Council may— 

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

7 or assistance program to evaluate the effectiveness 

8 of such program in meeting the purposes and poli9 cies of this Act; 

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

11 Federal agency that administers such program to 

12 further the consistency of the program with the pur13 poses and policies of the Act and to improve its ef14 fectiveness in carrying out those purposes and poli15 cies; and 

16 ‘‘(3) make recommendations to the President 

17 and Congress regarding the effectiveness of Federal 

18 grant and assistance programs in meeting the pur19 poses and policies of this Act, including rec20 ommendations with regard to appropriate funding 

21 levels.’’. 


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Calendar No. 397 

109TH CONGRESS 

2D SESSION S. 1378 

[Report No. 109

–235] 

A BILL 

To amend the National Historic Preservation Act 

Historic Preservation. prove the operations of the Advisory Council on to provide appropriation authorization and imAPRIL 20, 2006 

Reported with amendments 


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Reported with amendments 


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