109TH CONGRESS

2D SESSION S. 1378

AN ACT

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 ES

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 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 ‘‘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 ‘‘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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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) APPROPRIATION AUTHORIZATION OF THE ADVI22 SORY COUNCIL ON HISTORIC PRESERVATION.—Section

23 212(a) of the Act (16 U.S.C. 470t(a)) is amended by

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

25 $4,000,000 for each fiscal year 1997 through 2005’’ and
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S 1378 ES

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

2 this title’’.

3 (g) EFFECTIVENESS OF FEDERAL GRANT AND AS4 SISTANCE PROGRAMS IN MEETING THE PURPOSES AND

5 POLICIES OF THE NATIONAL HISTORIC PRESERVATION

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

7 end the following new section:

8 ‘‘SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND AS9 SISTANCE PROGRAMS.

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

11 enter into a cooperative agreement with any Federal agen12 cy that administers a grant or assistance program for the

13 purpose of improving the effectiveness of the administra14 tion of such program in meeting the purposes and policies

15 of this Act. Such cooperative agreements may include pro16 visions that modify the selection criteria for a grant or

17 assistance program to further the purposes of this Act or

18 that allow the Council to participate in the selection of

19 recipients, if such provisions are not inconsistent with the

20 grant or assistance program’s statutory authorization and

21 purpose.

22 ‘‘(b) REVIEW OF GRANT AND ASSISTANCE PRO23 GRAMS.—The Council may—

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

25 or assistance program to evaluate the effectiveness
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1 of such program in meeting the purposes and poli2 cies of this Act;

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

4 Federal agency that administers such program to

5 further the consistency of the program with the pur6 poses and policies of the Act and to improve its ef7 fectiveness in carrying out those purposes and poli8 cies; and

9 ‘‘(3) make recommendations to the President

10 and Congress regarding the effectiveness of Federal

11 grant and assistance programs in meeting the pur12 poses and policies of this Act, including rec13 ommendations with regard to appropriate funding

14 levels.’’.

Passed the Senate September 29, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 1378

AN ACT

To amend the National Historic Preservation Act

Historic Preservation.prove the operations of the Advisory Council onto provide appropriation authorization and im-