II 

109TH CONGRESS 

1ST SESSION S. 1378 

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 and Mr. WYDEN) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

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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•S 1378 IS

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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•S 1378 IS

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) DONATION AUTHORITY OF THE ADVISORY COUN18 CIL ON HISTORIC PRESERVATION.—Section 205(g) of the 

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

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

21 and obtain,’’; and 

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

23 ‘‘may also solicit and receive’’. 

24 (g) APPROPRIATION AUTHORIZATION OF THE ADVI25 SORY COUNCIL ON HISTORIC PRESERVATION.—Section 
4 

•S 1378 IS

1 212(a) of the Act (16 U.S.C. 470t(a)) is amended by 

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

3 $4,000,000 for each fiscal year 1997 through 2005’’ and 

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

5 this title’’. 

6 (h) EFFECTIVENESS OF FEDERAL GRANT AND AS7 SISTANCE PROGRAMS IN MEETING THE PURPOSES AND

8 POLICIES OF THE NATIONAL HISTORIC PRESERVATION

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

10 end the following new section: 

11 ‘‘SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND AS12 SISTANCE PROGRAMS. 

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

14 enter into a cooperative agreement with any Federal agen15 cy that administers a grant or assistance program for the 

16 purpose of improving the effectiveness of the administra17 tion of such program in meeting the purposes and policies 

18 of this Act. Such cooperative agreements may include pro19 visions that modify the selection criteria for a grant or 

20 assistance program to further the purposes of this Act or 

21 that allow the Council to participate in the selection of 

22 recipients, if such provisions are not inconsistent with the 

23 grant or assistance program’s statutory authorization and 

24 purpose. 
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1 ‘‘(b) REVIEW OF GRANT AND ASSISTANCE PRO2 GRAMS.—The Council may— 

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

4 or assistance program to evaluate the effectiveness 

5 of such program in meeting the purposes and poli6 cies of this Act; 

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

8 Federal agency that administers such program to 

9 further the consistency of the program with the pur10 poses and policies of the Act and to improve its ef11 fectiveness in carrying out those purposes and poli12 cies; and 

13 ‘‘(3) make recommendations to the President 

14 and Congress regarding the effectiveness of Federal 

15 grant and assistance programs in meeting the pur16 poses and policies of this Act, including rec17 ommendations with regard to appropriate funding 

18 levels.’’. 

Æ