138 
rollment of Native Americans or Native Hawaiians, to establish preser-
vation training and degree programs; and 
(4) where appropriate, coordination with the National Center for 
Preservation Technology and Training of— 
(A) distribution of information on preservation technologies; 
(B) provision of training and skill development in trades, crafts, 
and disciplines related to historic preservation in Federal training 
and development programs; and 
(C) support for research, analysis, conservation, curation, inter-
pretation, and display related to preservation. 
Subdivision 3—Advisory Council on 
Historic Preservation 
Chapter 3041—Advisory Council on 
Historic Preservation 
Sec. 
304101.
Establishment; vacancies. 
304102.
Duties of Council. 
304103.
Cooperation between Council and instrumentalities of executive branch of Federal 
Government. 
304104.
Compensation of members of Council. 
304105.
Administration. 
304106.
International Centre for the Study of the Preservation and Restoration of Cultural 
Property. 
304107.
Transmittal of legislative recommendations, testimony, or comments to any officer 
or agency of the United States prior to submission to Congress. 
304108.
Regulations, procedures, and guidelines. 
304109.
Budget submission. 
304110.
Report by Secretary to Council. 
304111.
Reimbursements from State and local agencies. 
304112.
Effectiveness of Federal grant and assistance programs. 
§ 304101. Establishment; vacancies 
(a) ESTABLISHMENT.—There is established as an independent agency of 
the United States Government an Advisory Council on Historic Preserva-
tion, which shall be composed of the following members: 
(1) A Chairman appointed by the President selected from the general 
public. 
(2) The Secretary. 
(3) The Architect of the Capitol. 
(4) The Secretary of Agriculture and the heads of 7 other agencies 
of the United States (other than the Department of the Interior), the 
activities of which affect historic preservation, designated by the Presi-
dent. 
(5) One Governor appointed by the President. 
(6) One mayor appointed by the President. 
(7) The President of the National Conference of State Historic Pres-
ervation Officers. 
(8) The Chairman of the National Trust. 
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(9) Four experts in the field of historic preservation appointed by 
the President from architecture, history, archeology, and other appro-
priate disciplines. 
(10) Three members from the general public, appointed by the Presi-
dent. 
(11) One member of an Indian tribe or Native Hawaiian organiza-
tion who represents the interests of the Indian tribe or Native Hawai-
ian organization of which he or she is a member, appointed by the 
President. 
(b) DESIGNATION OF SUBSTITUTES.—Each member of the Council speci-
fied in paragraphs (2) to (5), (7), and (8) of subsection (a) may designate 
another officer of the department, agency, or organization to serve on the 
Council instead of the member, except that, in the case of paragraphs (2) 
and (4), no officer other than an Assistant Secretary or an officer having 
major department-wide or agency-wide responsibilities may be designated. 
(c) TERM OF OFFICE.—Each member of the Council appointed under 
paragraphs (1) and (9) to (11) of subsection (a) shall serve for a term of 
4 years from the expiration of the term of the member’s predecessor. The 
members appointed under paragraphs (5) and (6) shall serve for the term 
of their elected office but not in excess of 4 years. An appointed member 
may not serve more than 2 terms. An appointed member whose term has 
expired shall serve until that member’s successor has been appointed. 
(d) VACANCIES.—A vacancy in the Council shall not affect its powers, but 
shall be filled, not later than 60 days after the vacancy commences, in the 
same manner as the original appointment (and for the balance of the unex-
pired term). 
(e) DESIGNATION OF VICE CHAIRMAN.—The President shall designate a 
Vice Chairman from the members appointed under paragraph (5), (6), (9), 
or (10) of subsection (a). The Vice Chairman may act in place of the Chair-
man during the absence or disability of the Chairman or when the office 
is vacant. 
(f) QUORUM.—Twelve members of the Council shall constitute a quorum. 
§ 304102. Duties of Council 
(a) DUTIES.—The Council shall— 
(1) advise the President and Congress on matters relating to historic 
preservation, recommend measures to coordinate activities of Federal, 
State, and local agencies and private institutions and individuals relat-
ing to historic preservation, and advise on the dissemination of infor-
mation pertaining to those activities; 
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(2) encourage, in cooperation with the National Trust and appro-
priate private agencies, public interest and participation in historic 
preservation; 
(3) recommend the conduct of studies in such areas as— 
(A) the adequacy of legislative and administrative statutes and 
regulations pertaining to historic preservation activities of State 
and local governments; and 
(B) the effects of tax policies at all levels of government on his-
toric preservation; 
(4) advise as to guidelines for the assistance of State and local gov-
ernments in drafting legislation relating to historic preservation; 
(5) encourage, in cooperation with appropriate public and private 
agencies and institutions, training and education in the field of historic 
preservation; 
(6) review the policies and programs of Federal agencies and rec-
ommend to Federal agencies methods to improve the effectiveness, co-
ordination, and consistency of those policies and programs with the 
policies and programs carried out under this division; and 
(7) inform and educate Federal agencies, State and local govern-
ments, Indian tribes, other nations and international organizations and 
private groups and individuals as to the Council’s authorized activities. 
(b) ANNUAL REPORT.—The Council annually shall submit to the Presi-
dent a comprehensive report of its activities and the results of its studies 
and shall from time to time submit additional and special reports as it 
deems advisable. Each report shall propose legislative enactments and other 
actions as, in the judgment of the Council, are necessary and appropriate 
to carry out its recommendations and shall provide the Council’s assessment 
of current and emerging problems in the field of historic preservation and 
an evaluation of the effectiveness of the programs of Federal agencies, State 
and local governments, and the private sector in carrying out this division. 
§ 304103. Cooperation between Council and instrumental-
ities of executive branch of Federal Government 
The Council may secure directly from any Federal agency information, 
suggestions, estimates, and statistics for the purpose of this chapter. Each 
Federal agency may furnish information, suggestions, estimates, and statis-
tics to the extent permitted by law and within available funds. 
§ 304104. Compensation of members of Council 
The members of the Council specified in paragraphs (2), (3), and (4) of 
section 304101(a) of this title shall serve without additional compensation. 
The other members of the Council shall receive $100 per diem when en-
gaged in the performance of the duties of the Council. All members of the 
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Council shall receive reimbursement for necessary traveling and subsistence 
expenses incurred by them in the performance of the duties of the Council. 
§ 304105. Administration 
(a) EXECUTIVE DIRECTOR.—There shall be an Executive Director of the 
Council who shall be appointed by the Chairman with the concurrence of 
the Council in the competitive service at a rate within the General Schedule, 
in the competitive service at a rate that may exceed the rate prescribed for 
the highest rate established for grade 15 of the General Schedule under sec-
tion 5332 of title 5, or in the Senior Executive Service under section 3393 
of title 5. The Executive Director shall report directly to the Council and 
perform such functions and duties as the Council may prescribe. 
(b) GENERAL COUNSEL AND APPOINTMENT OF OTHER ATTORNEYS.— 
(1) GENERAL COUNSEL.—The Council shall have a General Counsel, 
who shall be appointed by the Executive Director. The General Counsel 
shall report directly to the Executive Director and serve as the Coun-
cil’s legal advisor. 
(2) APPOINTMENT OF OTHER ATTORNEYS.—The Executive Director 
shall appoint other attorneys as may be necessary to— 
(A) assist the General Counsel; 
(B) represent the Council in court when appropriate, including 
enforcement of agreements with Federal agencies to which the 
Council is a party; 
(C) assist the Department of Justice in handling litigation con-
cerning the Council in court; and 
(D) perform such other legal duties and functions as the Execu-
tive Director and the Council may direct. 
(c) APPOINTMENT
AND COMPENSATION
OF OFFICERS
AND EMPLOY-
EES.—The Executive Director of the Council may appoint and fix the com-
pensation of officers and employees in the competitive service who are nec-
essary to perform the functions of the Council at rates not to exceed that 
prescribed for the highest rate for grade 15 of the General Schedule under 
section 5332 of title 5. The Executive Director, with the concurrence of the 
Chairman, may appoint and fix the compensation of not to exceed 5 employ-
ees in the competitive service at rates that exceed that prescribed for the 
highest rate established for grade 15 of the General Schedule under section 
5332 of title 5 or in the Senior Executive Service under section 3393 of 
title 5. 
(d) APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL.— 
The Executive Director may appoint and fix the compensation of such addi-
tional personnel as may be necessary to carry out the Council’s duties, with-
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out regard to the civil service laws and chapter 51 and subchapter III of 
chapter 53 of title 5. 
(e) EXPERT AND CONSULTANT SERVICES.—The Executive Director may 
procure expert and consultant services in accordance with section 3109 of 
title 5. 
(f) FINANCIAL AND ADMINISTRATIVE SERVICES.— 
(1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR PRI-
VATE ENTITY.—Financial and administrative services (including those 
related to budgeting, accounting, financial reporting, personnel and 
procurement) shall be provided the Council by the Secretary or, at the 
discretion of the Council, another agency or private entity that reaches 
an agreement with the Council, for which payments shall be made in 
advance, or by reimbursement, from funds of the Council in such 
amounts as may be agreed on by the Chairman of the Council and the 
head of the agency or the authorized representative of the private enti-
ty that will provide the services. 
(2) FEDERAL
AGENCY
REGULATIONS
RELATING
TO
COLLECTION 
APPLY.—When a Federal agency affords those services, the regulations 
of that agency under section 5514(b) of title 5 for the collection of in-
debtedness of personnel resulting from erroneous payments shall apply 
to the collection of erroneous payments made to or on behalf of a 
Council employee, and regulations of that agency under sections 
1513(d) and 1514 of title 31 for the administrative control of funds 
shall apply to appropriations of the Council. The Council shall not be 
required to prescribe those regulations. 
(g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES.— 
(1) PROVIDED BY FEDERAL AGENCY.—Any Federal agency may pro-
vide the Council, with or without reimbursement as may be agreed on 
by the Chairman and the agency, with such funds, personnel, facilities, 
and services under its jurisdiction and control as may be needed by the 
Council to carry out its duties, to the extent that the funds, personnel, 
facilities, and services are requested by the Council and are otherwise 
available for that purpose. Any funds provided to the Council pursuant 
to this subsection shall be obligated by the end of the fiscal year fol-
lowing the fiscal year in which the funds are received by the Council. 
(2) OBTAINING ADDITIONAL PROPERTY, FACILITIES, AND SERVICES 
AND RECEIVING DONATIONS OF MONEY.—To the extent of available ap-
propriations, the Council may obtain by purchase, rental, donation, or 
otherwise additional property, facilities, and services as may be needed 
to carry out its duties and may receive donations of money for that 
purpose. The Executive Director may accept, hold, use, expend, and ad-
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minister the property, facilities, services, and money for the purposes 
of this division. 
(h) RIGHTS, BENEFITS, AND PRIVILEGES OF TRANSFERRED EMPLOY-
EES.—Any employee in the competitive service of the United States trans-
ferred to the Council under section 207 of the National Historic Preserva-
tion Act (Public Law 89–665) retains all the rights, benefits, and privileges 
pertaining to the competitive service held prior to the transfer. 
(i) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The 
Council is exempt from the Federal Advisory Committee Act (5 U.S.C. 
App.). 
(j) PROVISIONS THAT GOVERN OPERATIONS OF COUNCIL.—Subchapter 
II of chapter 5 and chapter 7 of title 5 shall govern the operations of the 
Council. 
§ 304106. International Centre for the Study of the Preserva-
tion and Restoration of Cultural Property 
(a) AUTHORIZATION OF PARTICIPATION.—The participation of the United 
States as a member in the International Centre for the Study of the Preser-
vation and Restoration of Cultural Property is authorized. 
(b) OFFICIAL DELEGATION.—The Council shall recommend to the Sec-
retary of State, after consultation with the Smithsonian Institution and 
other public and private organizations concerned with the technical problems 
of preservation, the members of the official delegation that will participate 
in the activities of the International Centre for the Study of the Preserva-
tion and Restoration of Cultural Property on behalf of the United States. 
The Secretary of State shall appoint the members of the official delegation 
from the persons recommended to the Secretary of State by the Council. 
§ 304107. Transmittal of legislative recommendations, testi-
mony, or comments to any officer or agency of the 
United States prior to submission to Congress 
No officer or agency of the United States shall have any authority to re-
quire the Council to submit its legislative recommendations, or testimony, 
or comments on legislation to any officer or agency of the United States 
for approval, comments, or review, prior to the submission of the rec-
ommendations, testimony, or comments to Congress. When the Council vol-
untarily seeks to obtain the comments or review of any officer or agency 
of the United States, the Council shall include a description of the actions 
in its legislative recommendations, testimony, or comments on legislation 
that it transmits to Congress. 
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§ 304108. Regulations, procedures, and guidelines 
(a) IN GENERAL.—The Council may promulgate regulations as it con-
siders necessary to govern the implementation of section 306108 of this title 
in its entirety. 
(b) PARTICIPATION BY LOCAL GOVERNMENTS.—The Council shall by reg-
ulation establish such procedures as may be necessary to provide for partici-
pation by local governments in proceedings and other actions taken by the 
Council with respect to undertakings referred to in section 306108 of this 
title that affect the local governments. 
(c) EXEMPTION
FOR FEDERAL PROGRAMS
OR UNDERTAKINGS.—The 
Council, with the concurrence of the Secretary, shall promulgate regulations 
or guidelines, as appropriate, under which Federal programs or under-
takings may be exempted from any or all of the requirements of this divi-
sion when the exemption is determined to be consistent with the purposes 
of this division, taking into consideration the magnitude of the exempted un-
dertaking or program and the likelihood of impairment of historic property. 
§ 304109. Budget submission 
(a) TIME AND MANNER OF SUBMISSION.—The Council shall submit its 
budget annually as a related agency of the Department of the Interior. 
(b) TRANSMITTAL OF COPIES TO CONGRESSIONAL COMMITTEES.—When-
ever the Council submits any budget estimate or request to the President 
or the Office of Management and Budget, it shall concurrently transmit 
copies of that estimate or request to the Committee on Natural Resources 
and Committee on Appropriations of the House of Representatives and the 
Committee on Energy and Natural Resources and Committee on Appropria-
tions of the Senate. 
§ 304110. Report by Secretary to Council 
To assist the Council in discharging its responsibilities under this divi-
sion, the Secretary at the request of the Chairman shall provide a report 
to the Council detailing the significance of any historic property, describing 
the effects of any proposed undertaking on the affected property, and rec-
ommending measures to avoid, minimize, or mitigate adverse effects. 
§ 304111. Reimbursements from State and local agencies 
Subject to applicable conflict of interest laws, the Council may receive re-
imbursements from State and local agencies and others pursuant to agree-
ments executed in furtherance of this division. 
§ 304112. Effectiveness of Federal grant and assistance pro-
grams 
(a) COOPERATIVE AGREEMENTS.—The Council may enter into a coopera-
tive agreement with any Federal agency that administers a grant or assist-
ance program for the purpose of improving the effectiveness of the adminis-
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tration of the program in meeting the purposes and policies of this division. 
The cooperative agreement may include provisions that modify the selection 
criteria for a grant or assistance program to further the purposes of this 
division or that allow the Council to participate in the selection of recipients, 
if those provisions are not inconsistent with the grant or assistance pro-
gram’s statutory authorization and purpose. 
(b) REVIEW
OF GRANT
AND ASSISTANCE PROGRAMS.—The Council 
may— 
(1) review the operation of any Federal grant or assistance program 
to evaluate the effectiveness of the program in meeting the purposes 
and policies of this division; 
(2) make recommendations to the head of any Federal agency that 
administers the program to further the consistency of the program with 
the purposes and policies of this division and to improve its effective-
ness in carrying out those purposes and policies; and 
(3) make recommendations to the President and Congress regarding 
the effectiveness of Federal grant and assistance programs in meeting 
the purposes and policies of this division, including recommendations 
with regard to appropriate funding levels. 
Subdivision 4—Other Organizations and 
Programs 
Chapter 3051—Historic Light Station 
Preservation 
Sec. 
305101.
Definitions. 
305102.
Duties of Secretary in providing a national historic light station program. 
305103.
Selection of eligible entity and conveyance of historic light stations. 
305104.
Terms of conveyance. 
305105.
Description of property. 
305106.
Historic light station sales. 
§ 305101. Definitions 
In this chapter: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin-
istrator of General Services. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 
(A) any department or agency of the Federal Government; or 
(B) any department or agency of the State in which a historic 
light station is located, the local government of the community in 
which a historic light station is located, a nonprofit corporation, 
an educational agency, or a community development organization 
that— 
(i) has agreed to comply with the conditions set forth in 
section 305104 of this title and to have the conditions re-
corded with the deed of title to the historic light station; and 
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(ii) is financially able to maintain the historic light station 
in accordance with the conditions set forth in section 305104 
of this title. 
(3) FEDERAL AID TO NAVIGATION.— 
(A) IN GENERAL.—The term ‘‘Federal aid to navigation’’ means 
any device, operated and maintained by the United States, exter-
nal to a vessel or aircraft, intended to assist a navigator to deter-
mine position or safe course, or to warn of dangers or obstructions 
to navigation. 
(B) INCLUSIONS.—The term ‘‘Federal aid to navigation’’ in-
cludes a light, lens, lantern, antenna, sound signal, camera, sen-
sor, piece of electronic navigation equipment, power source, or 
other piece of equipment associated with a device described in sub-
paragraph (A). 
(4) HISTORIC LIGHT STATION.—The term ‘‘historic light station’’ in-
cludes the light tower, lighthouse, keeper’s dwelling, garages, storage 
sheds, oil house, fog signal building, boat house, barn, pumphouse, 
tramhouse support structures, piers, walkways, underlying and appur-
tenant land and related real property and improvements associated 
with a historic light station that is a historic property. 
§ 305102. Duties of Secretary in providing a national his-
toric light station program 
To provide a national historic light station program, the Secretary shall— 
(1) collect and disseminate information concerning historic light sta-
tions; 
(2) foster educational programs relating to the history, practice, and 
contribution to society of historic light stations; 
(3) sponsor or conduct research and study into the history of light 
stations; 
(4) maintain a listing of historic light stations; and 
(5) assess the effectiveness of the program established by this chap-
ter regarding the conveyance of historic light stations. 
§ 305103. Selection of eligible entity and conveyance of his-
toric light stations 
(a) PROCESS AND POLICIES.—The Secretary and the Administrator shall 
maintain a process and policies for identifying, and selecting, an eligible en-
tity to which a historic light station could be conveyed for education, park, 
recreation, cultural, or historic preservation purposes, and to monitor the 
use of the light station by the eligible entity. 
(b) APPLICATION REVIEW.— 
(1) IN GENERAL.—The Secretary shall— 
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