IB 
Union Calendar No. 381 
109TH CONGRESS 
2D SESSION 
H. R. 5861 
[Report No. 109–641] 
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 
SEPTEMBER 6, 2006 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 20, 2006] 
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’’. 
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SEC. 2. STATE HISTORIC PRESERVATION OFFICER RESPON-
SIBILITIES. 
Section 101(b) of the National Historic Preservation 
Act (16 U.S.C. 470a(b)) is amended by adding at the end 
the following: 
‘‘(7) The State Historic Preservation Officer shall have 
no authority to require an applicant for Federal assistance, 
permit, or license to identify historic properties outside the 
undertaking’s area of potential effects as determined by the 
Federal agency in accordance with regulations imple-
menting section 106. 
‘‘(8) If the State Historic Preservation Officer or Trib-
al Historic Preservation Officer fails to respond within 30 
days after an adequately documented finding of ‘no historic 
properties affected’ or ‘no adverse effect’ as provided in the 
regulations implementing section 106, the Federal agency 
may assume that the State Historic Preservation Officer 
or Tribal Historic Preservation Officer has no objection to 
the finding.’’. 
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); 
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(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 eligibility 
determination regarding the inclusion of any prop-
erty or District on the National Register to initiate 
local regulatory requirements unless the entity pro-
vides full due process protection to the owner or own-
ers of the property or District through a hearing proc-
ess; 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 ‘‘2005’’ and insert-
ing ‘‘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 
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(3) in subsection (f), by striking ‘‘Nine’’ and in-
serting ‘‘Eleven’’. 
(b) FINANCIAL AND ADMINISTRATIVE SERVICES.—Sec-
tion 205(f) of such Act (16 U.S.C. 470m(f)) is amended 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 
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 payments shall 
be made 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 pro-
vide the services. When a Federal agency affords such serv-
ices, the regulations of that agency for the collection of in-
debtedness of personnel resulting from erroneous payments, 
prescribed 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 regulations 
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 regulations.’’. 
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(c) AUTHORIZATION
OF APPROPRIATIONS.—Section 
212(a) of the Act (16 U.S.C. 470t(a)) is amended by strik-
ing ‘‘for purposes of this title not to exceed $4,000,000 in 
each fiscal year 1997 through 2005’’ and inserting ‘‘such 
amounts as may be necessary to carry out this title’’. 
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 following 
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 agency 
that administers a grant or assistance program for the pur-
pose of improving the effectiveness of the administration of 
such program in meeting the purposes and policies of this 
Act. Such cooperative agreements may include provisions 
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 au-
thorization and purpose of the grant or assistance program. 
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