I 
109TH CONGRESS 
2D SESSION 
H. R. 5861 
To amend the National Historic Preservation Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2006 
Mr. PEARCE introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To amend the National Historic Preservation Act, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Historic Pres-
ervation Act Amendments of 2006’’. 
SEC. 2. DETERMINATION OF ELIGIBILITY. 
The text of section 106 of the National Historic Pres-
ervation Act (16 U.S.C. 470f) is amended to read as fol-
lows: 
‘‘(a) A Federal agency shall not require an applicant 
for Federal assistance, licenses, or permits to take into 
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account the effects of a Federal undertaking that occur 
outside the area of potential effects as determined by the 
Federal agency in accordance with the regulations imple-
menting this section. 
‘‘(b) If a State Historic Preservation Officer or a 
Tribal Historic Preservation Officer fail to concur within 
30 days of receipt of an adequately documented finding 
of either ‘no historic properties affected’ or ‘no adverse 
effect’, as provided in the regulations implementing this 
Act, the applicant or agency may proceed with the under-
taking in accordance with the findings.’’. 
SEC. 3. ADDITIONAL CRITERIA FOR CERTIFICATION OF 
LOCAL GOVERNMENTS TO CARRY OUT NA-
TIONAL HISTORIC PRESERVATION ACT. 
Section 101(c)(1) of the National Historic Preserva-
tion Act (16 U.S.C. 470a(c)(1)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); 
(3) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) agrees that it shall not use any eligi-
bility determination regarding the inclusion of 
property or District on the National Register to 
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initiate local regulatory requirements unless the 
entity provides full due process protection to 
the owner or owners of the property or District 
through a hearing process; and’’; and 
(4) in the matter below the subparagraphs, by 
striking ‘‘through (E)’’ and inserting ‘‘through (F)’’. 
SEC. 4. HISTORIC PRESERVATION FUND. 
Section 108 of the National Historic Preservation Act 
(16 U.S.C. 470h) is amended by striking ‘‘2006’’ and in-
serting ‘‘2015’’. 
SEC. 5. ADVISORY COUNCIL ON HISTORIC PRESERVATION. 
(a) MEMBERSHIP.—Section 201 of the National His-
toric Preservation Act (16 U.S.C. 470i) is amended— 
(1) in subsection (a)(4), by striking ‘‘four’’ and 
inserting ‘‘seven’’; 
(2) in subsection (b), by striking ‘‘(5) and (6)’’ 
and inserting ‘‘paragraph (6)’’; and 
(3) in subsection (f), by striking ‘‘Nine’’ and in-
serting ‘‘Eleven’’. 
(b) FINANCIAL AND ADMINISTRATIVE SERVICES.— 
Section 205(f) of such Act (16 U.S.C. 470m(f)) is amend-
ed to read as follows: 
‘‘(f) Financial and administrative services (including 
those related to budgeting, accounting, financial reporting, 
personnel and procurement) shall be provided the Council 
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by the Department of the Interior or, at the discretion 
of the Council, such other agency or private entity that 
reaches an agreement with the Council, for which pay-
ments shall be made in advance or by reimbursement from 
funds of the Council in such amounts as may be agreed 
upon by the Chairman of the Council and the head of the 
agency or, in the case of a private entity, the authorized 
representative of the private entity that will provide the 
services. When a Federal agency affords such services, the 
regulations of that agency for the collection of indebted-
ness of personnel resulting from erroneous payments, pre-
scribed under section 5514(b) of title 5, United States 
Code, shall apply to the collection of erroneous payments 
made to or on behalf of a Council employee, and regula-
tions of that agency for the administrative control of funds 
under sections 1513(d) and 1514 of title 31, United 
States Code, shall apply to appropriations of the Council. 
The Council shall not be required to prescribe such regula-
tions.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
212(a) of such Act (16 U.S.C. 470t(a)) is amended by 
striking ‘‘in each fiscal year 1997 through 2005’’ and in-
serting ‘‘for fiscal year 2006, $5,000,000 for each of the 
fiscal years 2007 and 2008, and $6,000,000 for each of 
the fiscal years 2009 through 2015’’. 
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SEC. 6. EFFECTIVENESS OF FEDERAL GRANT AND ASSIST-
ANCE PROGRAMS IN MEETING PURPOSES 
AND POLICIES OF THE NATIONAL HISTORIC 
PRESERVATION ACT. 
The National Historic Preservation Act is amended 
by inserting after section 215 (16 U.S.C. 470v–1) the fol-
lowing new section: 
‘‘SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND AS-
SISTANCE PROGRAMS. 
‘‘(a) COOPERATIVE AGREEMENTS.—The Council may 
enter into a cooperative agreement with any Federal agen-
cy that administers a grant or assistance program for the 
purpose of improving the effectiveness of the administra-
tion of such program in meeting the purposes and policies 
of this Act. Such cooperative agreements may include pro-
visions that modify the selection criteria for a grant or 
assistance program to further the purposes of this Act or 
that allow the Council to participate in the selection of 
recipients, if such provisions are not inconsistent with the 
statutory authorization and purpose of the grant or assist-
ance program. 
‘‘(b) REVIEW
OF GRANT
AND ASSISTANCE PRO-
GRAMS.—The Council may— 
‘‘(1) review the operation of any Federal grant 
or assistance program to evaluate the effectiveness 
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