II 

108TH CONGRESS 

2D SESSION S. 2469 

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 

MAY 20, 2004 

Mr. TALENT 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 2004’’. 
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•S 2469 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) MEMBERSHIPOF ADVISORY COUNCIL ON HIS5 TORIC PRESERVATION.— 

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

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

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

9 (2) ALLOWING DESIGNEE FOR GOVERNOR MEM10 BER.—Section 201(b) of the Act (16 U.S.C. 470i(b)) 

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

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

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

14 inserting ‘‘Eleven’’. 

15 (d) FINANCIAL AND ADMINISTRATIVE SERVICES FOR

16 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION.— 

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

18 to read as follows: 

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

20 those related to budgeting, accounting, financial reporting, 

21 personnel and procurement) shall be provided the Council 

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

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

24 reaches an agreement with the Council, for which pay25 ments shall be made in advance or by reimbursement from 
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•S 2469 IS 

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

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

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

4 representative of the private entity that will provide the 

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

6 regulations of that agency for the collection of indebted7 ness of personnel resulting from erroneous payments (5 

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

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

10 regulations of that agency for the administrative control 

11 of funds (31 U.S.C. 1513(d), 1514) shall apply to appro12 priations of the Council. The Council shall not be required 

13 to prescribe such regulations.’’. 

14 (e) DONATION AUTHORITY OF THE ADVISORY COUN15 CIL ON HISTORIC PRESERVATION.—Section 205(g) of the 

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

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

18 and obtain,’’; and 

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

20 ‘‘may also solicit and receive’’. 

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 2469 IS 

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. Notwithstanding any other provision of law, 

16 such cooperative agreements may include provisions that 

17 modify the selection criteria for a grant or assistance pro18 gram to further the purposes of this Act or that allow the 

19 Council to jointly administer a grant or assistance pro20 gram, including participation in the selection of recipients, 

21 if such are not inconsistent with the grant or assistance 

22 program’s statutory authorization and purpose. 

23 ‘‘(b) REVIEW OF GRANT AND ASSISTANCE PRO24 GRAMS.—The Council may— 
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1 ‘‘(1) review the operation of any Federal grant 

2 or assistance program to evaluate the effectiveness 

3 of such program in meeting the purposes and poli4 cies of this Act; 

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

6 Federal agency that administers such program to 

7 further the consistency of the program with the pur8 poses and policies of the Act and to improve its ef9 fectiveness in carrying out those purposes and poli10 cies; and 

11 ‘‘(3) make recommendations to the President 

12 and the Congress regarding the effectiveness of Fed13 eral grant and assistance programs in meeting the 

14 purposes and policies of this Act, including rec15 ommendations with regard to appropriate funding 

16 levels.’’. 

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