161 
(2) may lease a historic property owned by the agency to any person 
or organization, or exchange any property owned by the agency with 
comparable historic property, if the agency head determines that the 
lease or exchange will adequately ensure the preservation of the historic 
property. 
(b) PROCEEDS OF LEASE.—Notwithstanding any other provision of law, 
the proceeds of any lease under subsection (a) may be retained by the agen-
cy entering into the lease and used to defray the costs of administration, 
maintenance, repair, and related expenses incurred by the agency with re-
spect to that property or other properties that are on the National Register 
that are owned by, or are under the jurisdiction or control of, the agency. 
Any surplus proceeds from the leases shall be deposited in the Treasury at 
the end of the second fiscal year following the fiscal year in which the pro-
ceeds were received. 
§ 205122. Contracts for management of historic property 
The head of any Federal agency having responsibility for the management 
of any historic property may, after consultation with the Council, enter into 
a contract for the management of the property. The contract shall contain 
terms and conditions that the head of the agency considers necessary or ap-
propriate to protect the interests of the United States and ensure adequate 
preservation of the historic property. 
Subchapter III—Protection and Preservation of Resources 
§ 205131. Standards and guidelines 
(a) STANDARDS.— 
(1) IN GENERAL.—Each Federal agency that is responsible for the 
protection of historic property (including archaeological property) pur-
suant to this division or any other law shall ensure that— 
(A) all actions taken by employees or contractors of the agency 
meet professional standards under regulations developed by the 
Secretary in consultation with the Council, other affected agencies, 
and the appropriate professional societies of archaeology, architec-
ture, conservation, history, landscape architecture, and planning; 
(B) agency personnel or contractors responsible for historic 
properties meet qualification standards established by the Office of 
Personnel Management in consultation with the Secretary and ap-
propriate professional societies of archaeology, architecture, con-
servation, curation, history, landscape architecture, and planning; 
and 
(C) records and other data, including data produced by histor-
ical research and archaeological surveys and excavations, are per-
manently maintained in appropriate databases and made available 
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to potential users pursuant to such regulations as the Secretary 
shall promulgate. 
(2) CONSIDERATIONS.—The standards referred to in paragraph 
(1)(B) shall consider the particular skills and expertise needed for the 
preservation of historic properties and shall be equivalent requirements 
for the disciplines involved. 
(b) GUIDELINES.—To promote the preservation of historic property eligi-
ble for listing on the National Register, the Secretary shall, in consultation 
with the Council, promulgate guidelines to ensure that Federal, State, and 
tribal historic preservation programs subject to this division include plans 
to— 
(1) provide information to the owners of historic property with dem-
onstrated or likely research significance, about the need for protection 
of the historic property, and the available means of protection; 
(2) encourage owners to preserve historic property intact and in 
place and offer the owners of the historic property information on the 
tax and grant assistance available for the donation of the historic prop-
erty or of a preservation easement of the historic property; 
(3) encourage the protection of Native American cultural items 
(within the meaning of section 2 of the Native American Graves Pro-
tection and Repatriation Act (25 U.S.C. 3001)) and of properties of 
religious or cultural importance to Indian tribes, Native Hawaiians, or 
other Native American groups; and 
(4) encourage owners that are undertaking archaeological exca-
vations to— 
(A) conduct excavations and analyses that meet standards for 
federally-sponsored excavations established by the Secretary; 
(B) donate or lend artifacts of research significance to an ap-
propriate research institution; 
(C) allow access to artifacts for research purposes; and 
(D) prior to excavating or disposing of a Native American cul-
tural item in which an Indian tribe or Native Hawaiian organiza-
tion may have an interest under subparagraph (B) or (C) of sec-
tion 3(a)(2) of the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and 
consult with the Indian tribe or Native Hawaiian organization. 
§ 205132. Access to information 
(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of a Fed-
eral agency, or other public official receiving grant assistance pursuant to 
this division, after consultation with the Secretary, shall withhold from dis-
closure to the public information about the location, character, or ownership 
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of a historic property if the Secretary and the agency determine that disclo-
sure may— 
(1) cause a significant invasion of privacy; 
(2) risk harm to the historic property; or 
(3) impede the use of a traditional religious site by practitioners. 
(b) ACCESS DETERMINATION.—When the head of a Federal agency or 
other public official determines that information should be withheld from 
the public pursuant to subsection (a), the Secretary, in consultation with 
the Federal agency head or official, shall determine who may have access 
to the information for the purpose of carrying out this division. 
(c) CONSULTATION WITH COUNCIL.—When information described in sub-
section (a) has been developed in the course of an agency’s compliance with 
section 205107 or 205302 of this title, the Secretary shall consult with the 
Council in reaching determinations under subsections (a) and (b). 
CHAPTER 2053—UNDERTAKINGS 
Sec. 
205301.
Undertakings outside United States. 
205302.
Effect of undertakings on historic property. 
§ 205301. Undertakings outside United States 
Prior to the approval of any undertaking outside the United States that 
may directly and adversely affect a property that is on the World Heritage 
List or on the applicable country’s equivalent of the National Register, the 
head of a Federal agency having direct or indirect jurisdiction over the un-
dertaking shall take into account the effect of the undertaking on the prop-
erty for purposes of avoiding or mitigating any adverse effect. 
§ 205302. Effect of undertakings on historic property 
The head of any Federal agency having direct or indirect jurisdiction over 
a proposed undertaking in any State and the head of any Federal depart-
ment or independent agency having authority to license any undertaking 
shall, prior to the approval of the expenditure of any Federal funds on the 
undertaking or prior to the issuance of any license, as the case may be, take 
into account the effect of the undertaking on any historic property. The 
head of the Federal agency shall afford the Council a reasonable oppor-
tunity to comment with regard to the undertaking. 
CHAPTER 2055—FINANCING 
Subchapter I—Financial Assistance 
Sec. 
205501.
Awarding grant funds. 
205502.
Grants to National Trust. 
205503.
Apportionment of grant funds. 
205504.
Loan insurance program for preservation of property included on National Register. 
205505.
Recordkeeping. 
Subchapter II—Sources of Funds 
205511.
Historic Preservation Fund. 
205512.
Acceptance by Secretary of privately donated funds. 
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Subchapter I—Financial Assistance 
§ 205501. Awarding grant funds 
(a) CONDITIONS.— 
(1) IN GENERAL.—No grant may be made under this division— 
(A) unless application for the grant is submitted to the Sec-
retary in accordance with regulations and procedures prescribed by 
the Secretary; 
(B) unless the application is in accordance with the comprehen-
sive statewide historic preservation plan that has been approved by 
the Secretary after considering its relationship to the comprehen-
sive statewide outdoor recreation plan prepared pursuant to chap-
ter 1053; 
(C) for more than 60 percent of the aggregate costs of carrying 
out projects and programs under the administrative control of the 
State Historic Preservation Officer as specified in section 202503 
of this title in any one fiscal year; 
(D) unless the grantee has agreed to make reports, in such form 
and containing such information, as the Secretary may from time 
to time require; 
(E) unless the grantee has agreed to assume, after completion 
of the project, the total cost of the continued maintenance, repair, 
and administration of the property in a manner satisfactory to the 
Secretary; and 
(F) until the grantee has complied with such further terms and 
conditions as the Secretary may consider necessary or advisable. 
(2) SOURCE OF STATE SHARE OF COSTS.—Except as permitted by 
other law, the State share of the costs referred to in paragraph (1)(C) 
shall be contributed by non-Federal sources. 
(b) GRANT NOT TREATED AS TAXABLE INCOME.—Notwithstanding any 
other provision of law, no grant made pursuant to this division shall be 
treated as taxable income for purposes of the Internal Revenue Code of 
1986 (26 U.S.C. 1 et seq). 
(c) WAIVER.—The Secretary may waive the requirements of subpara-
graphs (B) and (E) of subsection (a)(1) for any grant under this division 
to the National Trust. 
(d) RESTRICTION ON USE OF REAL PROPERTY TO MEET NON-FEDERAL 
SHARE OF COST OF PROJECT.—No State shall be permitted to utilize the 
value of real property obtained before October 15, 1966, in meeting the 
non-Federal share of the cost of a project for which a grant is made under 
this division. 
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