H. R. 1068—93 
(2) NON-ALLOWABLE SOURCES.—No amount from the Land 
and Water Conservation Fund or from any other Federal grant 
program other than the community development block grant 
programs shall be used to match Federal grants under this 
program. 
(b) ENCOURAGEMENT OF STATES AND PRIVATE INTERESTS.—The 
Secretary shall encourage States and private interests to contribute, 
to the maximum extent possible, to the non-Federal share of project 
costs. 
§ 200507. Conversion of recreation property 
No property improved or developed with assistance under this 
chapter shall, without the approval of the Secretary, be converted 
to other than public recreation uses. The Secretary shall approve 
such a conversion only if the Secretary finds it to be in accord 
with the then-current local park and recreation recovery action 
program and only on such conditions as the Secretary considers 
necessary to ensure the provision of adequate recreation properties 
and opportunities of reasonably equivalent location and usefulness. 
§ 200508. Coordination of program 
The Secretary shall— 
(1) coordinate the urban park and recreation recovery pro-
gram with the total urban recovery effort and cooperate to 
the fullest extent possible with other Federal agencies and 
with State agencies that administer programs and policies 
affecting urban areas, including programs in housing, urban 
development, natural resources management, employment, 
transportation, community services, and voluntary action; 
(2) encourage maximum coordination of the program between 
State agencies and local applicants; and 
(3) require that local applicants include provisions for partici-
pation of community and neighborhood residents and for public- 
private coordination in recovery planning and project selection. 
§ 200509. Recordkeeping 
(a) IN GENERAL.—A recipient of assistance under this chapter 
shall keep such records as the Secretary shall prescribe, including— 
(1) records that disclose— 
(A) the amount and disposition of project undertakings 
in connection with which assistance under this chapter 
is given or used; and 
(B) the amount and nature of the portion of the cost 
of the project or undertaking that is supplied by other 
sources; and 
(2) such other records as will facilitate an effective audit. 
(b) ACCESS.—The Secretary and the Comptroller General shall 
have access for the purpose of audit and examination to any records 
of the recipient that are pertinent to assistance received under 
this chapter. 
§ 200510. Inapplicability of matching provisions 
Amounts authorized for Guam, American Samoa, the Virgin 
Islands, and the Northern Mariana Islands are not subject to the 
matching provisions of this chapter, and may be subject only to 
such conditions, reports, plans, and agreements, if any, as the 
Secretary may determine.
H. R. 1068—94 
§ 200511. Funding limitations 
(a) LIMITATION OF FUNDS.—The amount of grants made under 
this chapter for projects in any one State for any fiscal year shall 
not be more than 15 percent of the amount made available for 
grants to all of the States for that fiscal year. 
(b) RECOVERY ACTION PROGRAM GRANTS.—Not more than 3 per-
cent of the amount made available for grants under this chapter 
for a fiscal year shall be used for recovery action program grants. 
(c) INNOVATION GRANTS.—Not more than 10 percent of the amount 
made available for grants under this chapter for a fiscal year 
shall be used for innovation grants. 
(d) PROGRAM SUPPORT.—Not more than 25 percent of the amount 
made available under this chapter to any local government shall 
be used for program support. 
(e) NO LAND ACQUISITION.—No funds made available under this 
chapter shall be used for the acquisition of land or an interest 
in land. 
Subtitle III—National Preservation 
Programs 
Division A—Historic Preservation 
Subdivision 1—General Provisions 
Chapter 3001—Policy 
Sec. 
300101.
Policy. 
§ 300101. Policy 
It is the policy of the Federal Government, in cooperation with 
other nations and in partnership with States, local governments, 
Indian tribes, Native Hawaiian organizations, and private organiza-
tions and individuals, to— 
(1) use measures, including financial and technical assistance, 
to foster conditions under which our modern society and our 
historic property can exist in productive harmony and fulfill 
the social, economic, and other requirements of present and 
future generations; 
(2) provide leadership in the preservation of the historic 
property of the United States and of the international commu-
nity of nations and in the administration of the national 
preservation program; 
(3) administer federally owned, administered, or controlled 
historic property in a spirit of stewardship for the inspiration 
and benefit of present and future generations; 
(4) contribute to the preservation of nonfederally owned his-
toric property and give maximum encouragement to organiza-
tions and individuals undertaking preservation by private 
means; 
(5) encourage the public and private preservation and utiliza-
tion of all usable elements of the Nation’s historic built environ-
ment; and
H. R. 1068—95 
(6) assist State and local governments, Indian tribes and 
Native Hawaiian organizations, and the National Trust to 
expand and accelerate their historic preservation programs and 
activities. 
Chapter 3003—Definitions 
Sec. 
300301.
Agency. 
300302.
Certified local government. 
300303.
Council. 
300304.
Cultural park. 
300305.
Historic conservation district. 
300306.
Historic Preservation Fund. 
300307.
Historic preservation review commission. 
300308.
Historic property. 
300309.
Indian tribe. 
300310.
Local government. 
300311.
National Register. 
300312.
National Trust. 
300313.
Native Hawaiian. 
300314.
Native Hawaiian organization. 
300315.
Preservation or historic preservation. 
300316.
Secretary. 
300317.
State. 
300318.
State historic preservation review board. 
300319.
Tribal land. 
300320.
Undertaking. 
300321.
World Heritage Convention. 
§ 300301. Agency 
In this division, the term ‘‘agency’’ has the meaning given the 
term in section 551 of title 5. 
§ 300302. Certified local government 
In this division, the term ‘‘certified local government’’ means 
a local government whose local historic preservation program is 
certified pursuant to chapter 3025 of this title. 
§ 300303. Council 
In this division, the term ‘‘Council’’ means the Advisory Council 
on Historic Preservation established by section 304101 of this title. 
§ 300304. Cultural park 
In this division, the term ‘‘cultural park’’ means a definable 
area that— 
(A) is distinguished by historic property, prehistoric property, 
and land related to that property; and 
(B) constitutes an interpretive, educational, and recreational 
resource for the public at large. 
§ 300305. Historic conservation district 
In this division, the term ‘‘historic conservation district’’ means 
an area that contains— 
(1) historic property; 
(2) 
buildings 
having 
similar 
or 
related 
architectural 
characteristics; 
(3) cultural cohesiveness; or 
(4) any combination of features described in paragraphs (1) 
to (3).
H. R. 1068—96 
§ 300306. Historic Preservation Fund 
In this division, the term ‘‘Historic Preservation Fund’’ means 
the Historic Preservation Fund established under section 303101 
of this title. 
§ 300307. Historic preservation review commission 
In this division, the term ‘‘historic preservation review commis-
sion’’ means a board, council, commission, or other similar collegial 
body— 
(1) that is established by State or local legislation as provided 
in section 302503(a)(2) of this title; and 
(2) the members of which are appointed by the chief elected 
official of a jurisdiction (unless State or local law provides 
for appointment by another official) from among— 
(A) professionals in the disciplines of architecture, his-
tory, architectural history, planning, prehistoric and his-
toric archeology, folklore, cultural anthropology, curation, 
conservation, and landscape architecture, or related dis-
ciplines, to the extent that those professionals are available 
in the community; and 
(B) other individuals who have demonstrated special 
interest, experience, or knowledge in history, architecture, 
or related disciplines and will provide for an adequate 
and qualified commission. 
§ 300308. Historic property 
In this division, the term ‘‘historic property’’ means any pre-
historic or historic district, site, building, structure, or object 
included on, or eligible for inclusion on, the National Register, 
including artifacts, records, and material remains relating to the 
district, site, building, structure, or object. 
§ 300309. Indian tribe 
In this division, the term ‘‘Indian tribe’’ means an Indian tribe, 
band, nation, or other organized group or community, including 
a Native village, Regional Corporation or Village Corporation (as 
those terms are defined in section 3 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602)), that is recognized as eligible 
for the special programs and services provided by the United States 
to Indians because of their status as Indians. 
§ 300310. Local government 
In this division, the term ‘‘local government’’ means a city, county, 
township, municipality, or borough, or any other general purpose 
political subdivision of any State. 
§ 300311. National Register 
In this division, the term ‘‘National Register’’ means the National 
Register of Historic Places maintained under chapter 3021 of this 
title. 
§ 300312. National Trust 
In this division, the term ‘‘National Trust’’ means the National 
Trust for Historic Preservation in the United States established 
under section 312102 of this title.
H. R. 1068—97 
§ 300313. Native Hawaiian 
In this division, the term ‘‘Native Hawaiian’’ means any individual 
who is a descendant of the aboriginal people who, prior to 1778, 
occupied and exercised sovereignty in the area that now constitutes 
Hawaii. 
§ 300314. Native Hawaiian organization 
(a) IN GENERAL.—In this division, the term ‘‘Native Hawaiian 
organization’’ means any organization that— 
(1) serves and represents the interests of Native Hawaiians; 
(2) has as a primary and stated purpose the provision of 
services to Native Hawaiians; and 
(3) has demonstrated expertise in aspects of historic preserva-
tion that are culturally significant to Native Hawaiians. 
(b) INCLUSIONS.—In this division, the term ‘‘Native Hawaiian 
organization’’ includes the Office of Hawaiian Affairs of Hawaii 
and Hui Malama I Na Kupuna O Hawai’i Nei, an organization 
incorporated under the laws of the State of Hawaii. 
§ 300315. Preservation or historic preservation 
In this division, the term ‘‘preservation’’ or ‘‘historic preservation’’ 
includes— 
(1) identification, evaluation, recordation, documentation, 
curation, acquisition, protection, management, rehabilitation, 
restoration, stabilization, maintenance, research, interpreta-
tion, and conservation; 
(2) education and training regarding the foregoing activities; 
or 
(3) any combination of the foregoing activities. 
§ 300316. Secretary 
In this division, the term ‘‘Secretary’’ means the Secretary acting 
through the Director. 
§ 300317. State 
In this division, the term ‘‘State’’ means— 
(1) a State, the District of Columbia, Puerto Rico, Guam, 
American Samoa, the Virgin Islands, and the Northern Mariana 
Islands; and 
(2) the Republic of the Marshall Islands, the Federated States 
of Micronesia, and the Republic of Palau. 
§ 300318. State historic preservation review board 
In this division, the term ‘‘State historic preservation review 
board’’ means a board, council, commission, or other similar collegial 
body established as provided in section 302301(2) of this title— 
(1) the members of which are appointed by the State Historic 
Preservation Officer (unless otherwise provided for by State 
law); 
(2) a majority of the members of which are professionals 
qualified in history, prehistoric and historic archeology, 
architectural history, architecture, folklore, cultural anthro-
pology, curation, conservation, landscape architecture, and 
related disciplines; and 
(3) that has the authority to— 
(A) review National Register nominations and appeals 
from nominations;
H. R. 1068—99 
(b) HISTORIC PROPERTY ON NATIONAL REGISTER ON DECEMBER 
12, 1980.—All historic property included on the National Register 
on December 12, 1980, shall be deemed to be included on the 
National Register as of their initial listing for purposes of this 
division. 
(c) HISTORIC PROPERTY LISTED IN FEDERAL REGISTER OF FEB-
RUARY 6, 1979, OR PRIOR TO DECEMBER 12, 1980, AS NATIONAL 
HISTORIC LANDMARKS.—All historic property listed in the Federal 
Register of February 6, 1979, or prior to December 12, 1980, as 
National Historic Landmarks are declared by Congress to be 
National Historic Landmarks of national historic significance as 
of their initial listing in the Federal Register for purposes of this 
division and chapter 3201 of this title, except that in the case 
of a National Historic Landmark district for which no boundaries 
had been established as of December 12, 1980, boundaries shall 
first be published in the Federal Register. 
§ 302103. Criteria and regulations relating to National Reg-
ister, National Historic Landmarks, and World 
Heritage List 
The Secretary, in consultation with national historical and archeo-
logical associations, shall— 
(1) establish criteria for properties to be included on the 
National Register and criteria for National Historic Landmarks; 
and 
(2) promulgate regulations for— 
(A) nominating properties for inclusion on, and removal 
from, the National Register and the recommendation of 
properties by certified local governments; 
(B) designating properties as National Historic Land-
marks and removing that designation; 
(C) considering appeals from recommendations, nomina-
tions, removals, and designations (or any failure or refusal 
by a nominating authority to nominate or designate); 
(D) nominating historic property for inclusion in the 
World Heritage List in accordance with the World Heritage 
Convention; 
(E) making determinations of eligibility of properties for 
inclusion on the National Register; and 
(F) notifying the owner of a property, any appropriate 
local governments, and the general public, when the prop-
erty is being considered for inclusion on the National Reg-
ister, for designation as a National Historic Landmark, 
or for nomination to the World Heritage List. 
§ 302104. Nominations for inclusion on National Register 
(a) NOMINATION BY STATE.—Subject to the requirements of section 
302107 of this title, any State that is carrying out a program 
approved under chapter 3023 shall nominate to the Secretary prop-
erty that meets the criteria promulgated under section 302103 
of this title for inclusion on the National Register. Subject to section 
302107 of this title, any property nominated under this subsection 
or under section 306102 of this title shall be included on the 
National Register on the date that is 45 days after receipt by 
the Secretary of the nomination and the necessary documentation, 
unless the Secretary disapproves the nomination within the 45- 
day period or unless an appeal is filed under subsection (c).
H. R. 1068—100 
(b) NOMINATION
BY PERSON
OR LOCAL GOVERNMENT.—Subject 
to the requirements of section 302107 of this title, the Secretary 
may accept a nomination directly from any person or local govern-
ment for inclusion of a property on the National Register only 
if the property is located in a State where there is no program 
approved under chapter 3023 of this title. The Secretary may 
include on the National Register any property for which such a 
nomination is made if the Secretary determines that the property 
is eligible in accordance with the regulations promulgated under 
section 302103 of this title. The determination shall be made within 
90 days from the date of the nomination unless the nomination 
is appealed under subsection (c). 
(c) APPEAL.—Any person or local government may appeal to the 
Secretary— 
(1) a nomination of any property for inclusion on the National 
Register; and 
(2) the failure of a nominating authority to nominate a prop-
erty in accordance with this chapter. 
§ 302105. Owner participation in nomination process 
(a) REGULATIONS.—The Secretary shall promulgate regulations 
requiring that before any property may be included on the National 
Register or designated as a National Historic Landmark, the owner 
of the property, or a majority of the owners of the individual 
properties within a district in the case of a historic district, shall 
be given the opportunity (including a reasonable period of time) 
to concur in, or object to, the nomination of the property for inclusion 
or designation. The regulations shall include provisions to carry 
out this section in the case of multiple ownership of a single 
property. 
(b) WHEN PROPERTY SHALL NOT BE INCLUDED
ON NATIONAL 
REGISTER OR DESIGNATED AS NATIONAL HISTORIC LANDMARK.—If 
the owner of any privately owned property, or a majority of the 
owners of privately owned properties within the district in the 
case of a historic district, object to inclusion or designation, the 
property shall not be included on the National Register or des-
ignated as a National Historic Landmark until the objection is 
withdrawn. 
(c) REVIEW
BY SECRETARY.—The Secretary shall review the 
nomination of the property when an objection has been made and 
shall determine whether or not the property is eligible for inclusion 
or designation. If the Secretary determines that the property is 
eligible for inclusion or designation, the Secretary shall inform 
the Advisory Council on Historic Preservation, the appropriate State 
Historic Preservation Officer, the appropriate chief elected local 
official, and the owner or owners of the property of the Secretary’s 
determination. 
§ 302106. Retention of name 
Notwithstanding section 43(c) of the Act of July 5, 1946 (known 
as the Trademark Act of 1946) (15 U.S.C. 1125(c)), buildings and 
structures on or eligible for inclusion on the National Register 
(either individually or as part of a historic district), or designated 
as an individual landmark or as a contributing building in a historic 
district by a unit of State or local government, may retain the 
name historically associated with the building or structure.
H. R. 1068—101 
§ 302107. Regulations 
The Secretary shall promulgate regulations— 
(1) ensuring that significant prehistoric and historic artifacts, 
and associated records, subject to subchapter I of chapter 3061, 
chapter 3125, or the Archaeological Resources Protection Act 
of 1979 (16 U.S.C. 470aa et seq.) are deposited in an institution 
with adequate long-term curatorial capabilities; 
(2) establishing a uniform process and standards for docu-
menting historic property by public agencies and private parties 
for purposes of incorporation into, or complementing, the 
national historical architectural and engineering records in the 
Library of Congress; and 
(3) certifying local governments, in accordance with sections 
302502 and 302503 of this title, and for the transfer of funds 
pursuant to section 302902(c)(4) of this title. 
§ 302108. Review of threats to historic property 
At least once every 4 years, the Secretary, in consultation with 
the Council and with State Historic Preservation Officers, shall 
review significant threats to historic property to— 
(1) determine the kinds of historic property that may be 
threatened; 
(2) ascertain the causes of the threats; and 
(3) develop and submit to the President and Congress rec-
ommendations for appropriate action. 
Chapter 3023—State Historic Preservation 
Programs 
Sec. 
302301.
Regulations. 
302302.
Program evaluation. 
302303.
Responsibilities of State Historic Preservation Officer. 
302304.
Contracts and cooperative agreements. 
§ 302301. Regulations 
The Secretary, in consultation with the National Conference of 
State Historic Preservation Officers and the National Trust, shall 
promulgate regulations for State Historic Preservation Programs. 
The regulations shall provide that a State program submitted to 
the Secretary under this chapter shall be approved by the Secretary 
if the Secretary determines that the program provides for— 
(1) the designation and appointment by the chief elected 
official of the State of a State Historic Preservation Officer 
to administer the program in accordance with section 302303 
of this title and for the employment or appointment by the 
officer of such professionally qualified staff as may be necessary 
for those purposes; 
(2) an adequate and qualified State historic preservation 
review board designated by the State Historic Preservation 
Officer unless otherwise provided for by State law; and 
(3) adequate public participation in the State Historic 
Preservation Program, including the process of recommending 
properties for nomination to the National Register.
H. R. 1068—102 
§ 302302. Program evaluation 
(a) WHEN EVALUATION SHOULD OCCCUR.—Periodically, but not 
less than every 4 years after the approval of any State program 
under section 302301 of this title, the Secretary, in consultation 
with the Council on the appropriate provisions of this division, 
and in cooperation with the State Historic Preservation Officer, 
shall evaluate the program to determine whether it is consistent 
with this division. 
(b) DISAPPROVAL OF PROGRAM.—If, at any time, the Secretary 
determines that a major aspect of a State program is not consistent 
with this division, the Secretary shall disapprove the program and 
suspend in whole or in part any contracts or cooperative agreements 
with the State and the State Historic Preservation Officer under 
this division, until the program is consistent with this division, 
unless the Secretary determines that the program will be made 
consistent with this division within a reasonable period of time. 
(c) OVERSIGHT.—The Secretary, in consultation with State His-
toric Preservation Officers, shall establish oversight methods to 
ensure State program consistency and quality without imposing 
undue review burdens on State Historic Preservation Officers. 
(d) STATE FISCAL AUDIT AND MANAGEMENT SYSTEM.— 
(1) SUBSTITUTION FOR COMPARABLE FEDERAL SYSTEMS.—At 
the discretion of the Secretary, a State system of fiscal audit 
and management may be substituted for comparable Federal 
systems so long as the State system— 
(A) establishes and maintains substantially similar 
accountability standards; and 
(B) provides for independent professional peer review. 
(2) FISCAL
AUDITS
AND
REVIEW
BY
SECRETARY.—The Sec-
retary— 
(A) may conduct periodic fiscal audits of State programs 
approved under this subdivision as needed; and 
(B) shall ensure that the programs meet applicable 
accountability standards. 
§ 302303. Responsibilities of State Historic Preservation 
Officer 
(a) IN GENERAL.—It shall be the responsibility of the State His-
toric Preservation Officer to administer the State Historic Preserva-
tion Program. 
(b) PARTICULAR RESPONSIBILITIES.—It shall be the responsibility 
of the State Historic Preservation Officer to— 
(1) in cooperation with Federal and State agencies, local 
governments, and private organizations and individuals, direct 
and conduct a comprehensive statewide survey of historic prop-
erty and maintain inventories of the property; 
(2) identify and nominate eligible property to the National 
Register and otherwise administer applications for listing his-
toric property on the National Register; 
(3) prepare and implement a comprehensive statewide his-
toric preservation plan; 
(4) administer the State program of Federal assistance for 
historic preservation within the State; 
(5) advise and assist, as appropriate, Federal and State agen-
cies and local governments in carrying out their historic 
preservation responsibilities;
H. R. 1068—103 
(6) cooperate with the Secretary, the Council, other Federal 
and State agencies, local governments, and private organiza-
tions and individuals to ensure that historic property is taken 
into consideration at all levels of planning and development; 
(7) provide public information, education, and training and 
technical assistance in historic preservation; 
(8) cooperate with local governments in the development of 
local historic preservation programs and assist local govern-
ments in becoming certified pursuant to chapter 3025; 
(9) consult with appropriate Federal agencies in accordance 
with this division on— 
(A) Federal undertakings that may affect historic prop-
erty; and 
(B) the content and sufficiency of any plans developed 
to protect, manage, or reduce or mitigate harm to that 
property; and 
(10) advise and assist in the evaluation of proposals for 
rehabilitation projects that may qualify for Federal assistance. 
§ 302304. Contracts and cooperative agreements 
(a) STATE.—A State may carry out all or any part of its respon-
sibilities under this chapter by contract or cooperative agreement 
with a qualified nonprofit organization or educational institution. 
(b) SECRETARY.— 
(1) IN GENERAL.— 
(A) AUTHORITY TO ASSIST SECRETARY.—Subject to para-
graphs (3) and (4), the Secretary may enter into contracts 
or cooperative agreements with a State Historic Preserva-
tion Officer for any State authorizing the Officer to assist 
the Secretary in carrying out one or more of the following 
responsibilities within that State: 
(i) Identification and preservation of historic prop-
erty. 
(ii) Determination of the eligibility of property for 
listing on the National Register. 
(iii) Preparation of nominations for inclusion on the 
National Register. 
(iv) Maintenance of historical and archeological data 
bases. 
(v) Evaluation of eligibility for Federal preservation 
incentives. 
(B) AUTHORITY
TO
MAINTAIN
NATIONAL
REGISTER.— 
Nothing in subparagraph (A) shall be construed to provide 
that any State Historic Preservation Officer or any other 
person other than the Secretary shall have the authority 
to maintain the National Register for properties in any 
State. 
(2) REQUIREMENTS.—The Secretary may enter into a contract 
or cooperative agreement under paragraph (1) only if— 
(A) the State Historic Preservation Officer has requested 
the additional responsibility; 
(B) the Secretary has approved the State historic 
preservation program pursuant to sections 302301 and 
302302 of this title; 
(C) the State Historic Preservation Officer agrees to carry 
out the additional responsibility in a timely and efficient 
manner acceptable to the Secretary and the Secretary
H. R. 1068—104 
determines that the Officer is fully capable of carrying 
out the responsibility in that manner; 
(D) the State Historic Preservation Officer agrees to 
permit the Secretary to review and revise, as appropriate 
in the discretion of the Secretary, decisions made by the 
Officer pursuant to the contract or cooperative agreement; 
and 
(E) the Secretary and the State Historic Preservation 
Officer agree on the terms of additional financial assistance 
to the State, if there is to be any, for the costs of carrying 
out that responsibility. 
(3) ESTABLISH CONDITIONS AND CRITERIA.—For each signifi-
cant program area under the Secretary’s authority, the Sec-
retary shall establish specific conditions and criteria essential 
for the assumption by a State Historic Preservation Officer 
of the Secretary’s duties in each of those programs. 
(4) PRESERVATION
PROGRAMS
AND
ACTIVITIES
NOT
DIMIN-
ISHED.—Nothing in this chapter shall have the effect of dimin-
ishing the preservation programs and activities of the Service. 
Chapter 3025—Certification of Local 
Governments 
Sec. 
302501.
Definitions. 
302502.
Certification as part of State program. 
302503.
Requirements for certification. 
302504.
Participation of certified local governments in National Register nomina-
tions. 
302505.
Eligibility and responsibility of certified local government. 
§ 302501. Definitions 
In this chapter: 
(1) DESIGNATION.—The term ‘‘designation’’ means the identi-
fication and registration of property for protection that meets 
criteria established by a State or locality for significant historic 
property within the jurisdiction of a local government. 
(2) PROTECTION.—The term ‘‘protection’’ means protection by 
means of a local review process under State or local law for 
proposed demolition of, changes to, or other action that may 
affect historic property designated pursuant to this chapter. 
§ 302502. Certification as part of State program 
Any State program approved under this subdivision shall provide 
a mechanism for the certification by the State Historic Preservation 
Officer of local governments to carry out the purposes of this division 
and provide for the transfer, in accordance with section 302902(c)(4) 
of this title, of a portion of the grants received by the States 
under this division, to those local governments. 
§ 302503. Requirements for certification 
(a) APPROVED STATE PROGRAM.—Any local government shall be 
certified to participate under this section if the applicable State 
Historic Preservation Officer, and the Secretary, certify that the 
local government— 
(1) enforces appropriate State or local legislation for the 
designation and protection of historic property;
H. R. 1068—105 
(2) has established an adequate and qualified historic 
preservation review commission by State or local legislation; 
(3) maintains a system for the survey and inventory of his-
toric property that furthers the purposes of chapter 3023; 
(4) provides for adequate public participation in the local 
historic preservation program, including the process of recom-
mending properties for nomination to the National Register; 
and 
(5) satisfactorily performs the responsibilities delegated to 
it under this division. 
(b) NO APPROVED STATE PROGRAM.—Where there is no State 
program approved under sections 302301 and 302302 of this title, 
a local government may be certified by the Secretary if the Secretary 
determines that the local government meets the requirements of 
subsection (a). The Secretary may make grants to the local govern-
ment certified under this subsection for purposes of this subdivision. 
§ 302504. Participation of certified local governments in 
National Register nominations 
(a) NOTICE.—Before a property within the jurisdiction of a cer-
tified local government may be considered by a State to be nomi-
nated to the Secretary for inclusion on the National Register, the 
State Historic Preservation Officer shall notify the owner, the 
applicable chief local elected official, and the local historic preserva-
tion commission. 
(b) REPORT.—The local historic preservation commission, after 
reasonable opportunity for public comment, shall prepare a report 
as to whether the property, in the Commission’s opinion, meets 
the criteria of the National Register. Within 60 days of notice 
from the State Historic Preservation Officer, the chief local elected 
official shall transmit the report of the commission and the rec-
ommendation of the local official to the State Historic Preservation 
Officer. 
(c) RECOMMENDATION.— 
(1) PROPERTY
NOMINATED
TO
NATIONAL
REGISTER.—Except 
as provided in paragraph (2), after receipt of the report and 
recommendation, or if no report and recommendation are 
received within 60 days, the State shall make the nomination 
pursuant to section 302104 of this title. The State may expedite 
the process with the concurrence of the certified local govern-
ment. 
(2) PROPERTY
NOT
NOMINATED
TO
NATIONAL
REGISTER.—If 
both the commission and the chief local elected official rec-
ommend that a property not be nominated to the National 
Register, the State Historic Preservation Officer shall take 
no further action, unless, within 30 days of the receipt of 
the recommendation by the State Historic Preservation Officer, 
an appeal is filed with the State. If an appeal is filed, the 
State shall follow the procedures for making a nomination 
pursuant to section 302104 of this title. Any report and rec-
ommendations made under this section shall be included with 
any nomination submitted by the State to the Secretary. 
§ 302505. Eligibility and responsibility of certified local 
government 
Any local government—
H. R. 1068—106 
(1) that is certified under this chapter shall be eligible for 
funds under section 302902(c)(4) of this title; and 
(2) that is certified, or making efforts to become certified, 
under this chapter shall carry out any responsibilities delegated 
to it in accordance with such terms and conditions as the 
Secretary considers necessary or advisable. 
Chapter 3027—Historic Preservation Pro-
grams and Authorities for Indian Tribes 
and Native Hawaiian Organizations 
Sec. 
302701.
Program to assist Indian tribes in preserving historic property. 
302702.
Indian tribe to assume functions of State Historic Preservation Officer. 
302703.
Apportionment of grant funds. 
302704.
Contracts and cooperative agreements. 
302705.
Agreement for review under tribal historic preservation regulations. 
302706.
Eligibility for inclusion on National Register. 
§ 302701. Program to assist Indian tribes in preserving his-
toric property 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish 
a program and promulgate regulations to assist Indian tribes in 
preserving their historic property. 
(b) COMMUNICATION
AND COOPERATION.—The Secretary shall 
foster communication and cooperation between Indian tribes and 
State Historic Preservation Officers in the administration of the 
national historic preservation program to— 
(1) ensure that all types of historic property and all public 
interests in historic property are given due consideration; and 
(2) encourage coordination among Indian tribes, State His-
toric Preservation Officers, and Federal agencies in historic 
preservation planning and in the identification, evaluation, 
protection, and interpretation of historic property. 
(c) TRIBAL VALUES.—The program under subsection (a) shall be 
developed in a manner to ensure that tribal values are taken 
into account to the extent feasible. The Secretary may waive or 
modify requirements of this subdivision to conform to the cultural 
setting of tribal heritage preservation goals and objectives. 
(d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs imple-
mented by specific tribal organizations may vary in scope, as deter-
mined by each Indian tribe’s chief governing authority. 
(e) CONSULTATION.—The Secretary shall consult with Indian 
tribes, other Federal agencies, State Historic Preservations Officers, 
and other interested parties concerning the program under sub-
section (a). 
§ 302702. Indian tribe to assume functions of State Historic 
Preservation Officer 
An Indian tribe may assume all or any part of the functions 
of a State Historic Preservation Officer in accordance with sections 
302302 and 302303 of this title, with respect to tribal land, as 
those responsibilities may be modified for tribal programs through 
regulations issued by the Secretary, if— 
(1) the Indian tribe’s chief governing authority so requests; 
(2) the Indian tribe designates a tribal preservation official 
to administer the tribal historic preservation program, through
H. R. 1068—107 
appointment by the Indian tribe’s chief governing authority 
or as a tribal ordinance may otherwise provide; 
(3) the tribal preservation official provides the Secretary with 
a plan describing how the functions the tribal preservation 
official proposes to assume will be carried out; 
(4) the Secretary determines, after consulting with the Indian 
tribe, the appropriate State Historic Preservation Officer, the 
Council (if the Indian tribe proposes to assume the functions 
of the State Historic Preservation Officer with respect to review 
of undertakings under section 306108 of this title), and other 
Indian tribes, if any, whose tribal or aboriginal land may be 
affected by conduct of the tribal preservation program, that— 
(A) the tribal preservation program is fully capable of 
carrying out the functions specified in the plan provided 
under paragraph (3); 
(B) the plan defines the remaining responsibilities of 
the Secretary and the State Historic Preservation Officer; 
and 
(C) the plan provides, with respect to properties neither 
owned by a member of the Indian tribe nor held in trust 
by the Secretary for the benefit of the Indian tribe, at 
the request of the owner of the properties, that the State 
Historic Preservation Officer, in addition to the tribal 
preservation official, may exercise the historic preservation 
responsibilities in accordance with sections 302302 and 
302303 of this title; and 
(5) based on satisfaction of the conditions stated in para-
graphs (1), (2), (3), and (4), the Secretary approves the plan. 
§ 302703. Apportionment of grant funds 
In consultation with interested Indian tribes, other Native Amer-
ican organizations, and affected State Historic Preservation Officers, 
the Secretary shall establish and implement procedures for carrying 
out section 302902(c)(1)(A) of this title with respect to tribal pro-
grams that assume responsibilities under section 302702 of this 
title. 
§ 302704. Contracts and cooperative agreements 
At the request of an Indian tribe whose preservation program 
has been approved to assume functions and responsibilities pursu-
ant to section 302702 of this title, the Secretary shall enter into 
a contract or cooperative agreement with the Indian tribe permitting 
the assumption by the Indian tribe of any part of the responsibilities 
described in section 302304(b) of this title on tribal land, if— 
(1) the Secretary and the Indian tribe agree on additional 
financial assistance, if any, to the Indian tribe for the costs 
of carrying out those authorities; 
(2) the Secretary finds that the tribal historic preservation 
program has been demonstrated to be sufficient to carry out 
the contract or cooperative agreement and this division; and 
(3) the contract or cooperative agreement specifies the con-
tinuing responsibilities of the Secretary or of the appropriate 
State Historic Preservation Officers and provides for appro-
priate participation by— 
(A) the Indian tribe’s traditional cultural authorities;
H. R. 1068—108 
(B) representatives of other Indian tribes whose tradi-
tional land is under the jurisdiction of the Indian tribe 
assuming responsibilities; and 
(C) the interested public. 
§ 302705. Agreement 
for 
review 
under 
tribal 
historic 
preservation regulations 
The Council may enter into an agreement with an Indian tribe 
to permit undertakings on tribal land to be reviewed under tribal 
historic preservation regulations in place of review under regula-
tions promulgated by the Council to govern compliance with section 
306108 of this title, if the Council, after consultation with the 
Indian tribe and appropriate State Historic Preservation Officers, 
determines that the tribal preservation regulations will afford his-
toric property consideration equivalent to that afforded by the Coun-
cil’s regulations. 
§ 302706. Eligibility for inclusion on National Register 
(a) IN GENERAL.—Property of traditional religious and cultural 
importance to an Indian tribe or Native Hawaiian organization 
may be determined to be eligible for inclusion on the National 
Register. 
(b) CONSULTATION.—In carrying out its responsibilities under sec-
tion 306108 of this title, a Federal agency shall consult with any 
Indian tribe or Native Hawaiian organization that attaches religious 
and cultural significance to property described in subsection (a). 
(c) HAWAII.—In carrying out responsibilities under section 302303 
of this title, the State Historic Preservation Officer for Hawaii 
shall— 
(1) consult with Native Hawaiian organizations in assessing 
the cultural significance of any property in determining whether 
to nominate the property to the National Register; 
(2) consult with Native Hawaiian organizations in developing 
the cultural component of a preservation program or plan for 
the property; and 
(3) enter into a memorandum of understanding or agreement 
with Native Hawaiian organizations for the assessment of the 
cultural significance of a property in determining whether to 
nominate the property to the National Register and to carry 
out the cultural component of the preservation program or 
plan. 
Chapter 3029—Grants 
Sec. 
302901.
Awarding of grants and availability of grant funds. 
302902.
Grants to States. 
302903.
Grants to National Trust. 
302904.
Direct grants for the preservation of properties included on National Reg-
ister. 
302905.
Religious property. 
302906.
Grants and loans to Indian tribes and nonprofit organizations rep-
resenting ethnic or minority groups. 
302907.
Grants to Indian tribes and Native Hawaiian organizations. 
302908.
Grants to the Federated States of Micronesia, the Republic of the Mar-
shall Islands, and the Republic of Palau. 
302909.
Prohibited use of grant amounts. 
302910.
Recordkeeping.
H. R. 1068—109 
§ 302901. Awarding of grants and availability of grant funds 
(a) IN GENERAL.—No grant may be made under this division 
unless application for the grant is submitted to the Secretary in 
accordance with regulations and procedures prescribed by the Sec-
retary. 
(b) GRANT NOT TREATED AS TAXABLE INCOME.—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) AVAILABILITY.—The Secretary shall make funding available 
to individual States and the National Trust as soon as practicable 
after execution of a grant agreement. For purposes of administra-
tion, grants to individual States and the National Trust each shall 
be deemed to be one grant and shall be administered by the Service 
as one grant. 
§ 302902. Grants to States 
(a) IN GENERAL.—The Secretary shall administer a program of 
matching grants to the States for the purposes of carrying out 
this division. 
(b) CONDITIONS.— 
(1) In general.—No grant may be made under this division— 
(A) unless the application is in accordance with the com-
prehensive statewide historic preservation plan that has 
been approved by the Secretary after considering its rela-
tionship to the comprehensive statewide outdoor recreation 
plan prepared pursuant to chapter 2003 of this title; 
(B) unless the grantee has agreed to make reports, in 
such form and containing such information, as the Sec-
retary may from time to time require; 
(C) 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; or 
(D) until the grantee has complied with such further 
terms and conditions as the Secretary may consider nec-
essary or advisable. 
(2) WAIVER.—The Secretary may waive the requirements of 
subparagraphs (A) and (C) of paragraph (1) for any grant 
under this division to the National Trust. 
(3) AMOUNT LIMITATION.— 
(A) IN
GENERAL.—No grant may be made under this 
division for more than 60 percent of the aggregate costs 
of carrying out projects and programs under the adminis-
trative control of the State Historic Preservation Officer 
as specified in section 302303 of this title in any one 
fiscal year. 
(B) SOURCE OF STATE SHARE OF COSTS.—Except as per-
mitted by other law, the State share of the costs referred 
to in subparagraph (A) shall be contributed by non-Federal 
sources. 
(4) RESTRICTION ON USE OF REAL PROPERTY TO MEET NON- 
FEDERAL SHARE OF COST OF PROJECT.—No State shall be per-
mitted 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. 
(c) APPORTIONMENT OF GRANT AMOUNTS.—
H. R. 1068—110 
(1) BASES FOR APPORTIONMENT.—The amounts appropriated 
and made available for grants to the States— 
(A) for the purposes of this division shall be apportioned 
among the States by the Secretary on the basis of needs 
as determined by the Secretary; and 
(B) for projects and programs under this division for 
each fiscal year shall be apportioned among the States 
as the Secretary determines to be appropriate. 
(2) NOTIFICATION.—The Secretary shall notify each State of 
its apportionment under paragraph (1)(B) within 30 days after 
the date of enactment of legislation appropriating funds under 
this division. 
(3) REAPPORTIONMENT.—Any amount of any apportionment 
that has not been paid or obligated by the Secretary during 
the fiscal year in which the notification is given or during 
the 2 fiscal years after that fiscal year shall be reapportioned 
by the Secretary in accordance with paragraph (1)(B). The 
Secretary shall analyze and revise as necessary the method 
of apportionment. The method and any revision shall be pub-
lished by the Secretary in the Federal Register. 
(4) TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS.— 
Not less than 10 percent of the annual apportionment distrib-
uted by the Secretary to each State for the purposes of carrying 
out this division shall be transferred by the State, pursuant 
to the requirements of this division, to certified local govern-
ments for historic preservation projects or programs of the 
certified local governments. In any year in which the total 
annual apportionment to the States exceeds $65,000,000, 50 
percent of the excess shall also be transferred by the States 
to certified local governments. 
(5) GUIDELINES
FOR
USE
AND
DISTRIBUTION
OF
FUNDS
TO 
CERTIFIED LOCAL GOVERNMENTS.—The Secretary shall establish 
guidelines for the use and distribution of funds under paragraph 
(4) to ensure that no certified local government receives a 
disproportionate share of the funds available, and may include 
a maximum or minimum limitation on the amount of funds 
distributed to any single certified local government. The guide-
lines shall not limit the ability of any State to distribute more 
than 10 percent of its annual apportionment under paragraph 
(4), nor shall the Secretary require any State to exceed the 
10 percent minimum distribution to certified local governments. 
(d) ADMINISTRATIVE
COSTS.—The total direct and indirect 
administrative costs charged for carrying out State projects and 
programs shall not exceed 25 percent of the aggregate costs (except 
in the case of a grant to the Federated States of Micronesia, the 
Republic of the Marshall Islands, or the Republic of Palau). 
§ 302903. Grants to National Trust 
(a) SECRETARY OF THE INTERIOR.—The Secretary may administer 
grants to the National Trust consistent with the purposes of its 
charter and this division. 
(b) SECRETARY OF HOUSING AND URBAN DEVELOPMENT.—The Sec-
retary of Housing and Urban Development may make grants to 
the National Trust, on terms and conditions and in amounts (not 
exceeding $90,000 with respect to any one structure) as the Sec-
retary of Housing and Urban Development considers appropriate, 
to cover the costs incurred by the National Trust in renovating
H. R. 1068—111 
or restoring structures that the National Trust considers to be 
of historic or architectural value and that the National Trust has 
accepted and will maintain (after the renovation or restoration) 
for historic purposes. 
§ 302904. Direct grants for the preservation of properties 
included on National Register 
(a) ADMINISTRATION OF PROGRAM.—The Secretary shall admin-
ister a program of direct grants for the preservation of properties 
included on the National Register. 
(b) AVAILABLE AMOUNT.—Funds to support the program annually 
shall not exceed 10 percent of the amount appropriated annually 
for the Historic Preservation Fund. 
(c) USES OF GRANTS.— 
(1) IN GENERAL.—Grants under this section may be made 
by the Secretary, in consultation with the appropriate State 
Historic Preservation Officer— 
(A) for the preservation of— 
(i) National Historic Landmarks that are threatened 
with demolition or impairment; and 
(ii) historic property of World Heritage significance; 
(B) for demonstration projects that will provide informa-
tion concerning professional methods and techniques 
having application to historic property; 
(C) for the training and development of skilled labor 
in trades and crafts, and in analysis and curation, relating 
to historic preservation; and 
(D) to assist individuals or small businesses within any 
historic district included on the National Register to remain 
within the district. 
(2) LIMIT ON CERTAIN GRANTS.—A grant may be made under 
subparagraph (A) or (D) of paragraph (1) only to the extent 
that the project cannot be carried out in as effective a manner 
through the use of an insured loan under section 303901 of 
this title. 
§ 302905. Religious property 
(a) IN GENERAL.—Grants may be made under this chapter for 
the preservation, stabilization, restoration, or rehabilitation of reli-
gious property listed on the National Register if the purpose of 
the grant— 
(1) is secular; 
(2) does not promote religion; and 
(3) seeks to protect qualities that are historically significant. 
(b) EFFECT OF SECTION.—Nothing in this section shall be con-
strued to authorize the use of any funds made available under 
this subdivision for the acquisition of any religious property listed 
on the National Register. 
§ 302906. Grants and loans to Indian tribes and nonprofit 
organizations representing ethnic or minority 
groups 
The Secretary may, in consultation with the appropriate State 
Historic Preservation Officer, make grants or loans or both under 
this subdivision to Indian tribes and to nonprofit organizations 
representing ethnic or minority groups for the preservation of their 
cultural heritage.
H. R. 1068—112 
§ 302907. Grants to Indian tribes and Native Hawaiian 
organizations 
The Secretary shall administer a program of direct grants to 
Indian tribes and Native Hawaiian organizations for the purpose 
of carrying out this division as it pertains to Indian tribes and 
Native Hawaiian organizations. Matching fund requirements may 
be modified. Federal funds available to an Indian tribe or Native 
Hawaiian organization may be used as matching funds for the 
purposes of the Indian tribe’s or Native Hawaiian organization’s 
conducting its responsibilities pursuant to this subdivision. 
§ 302908. Grants to the Federated States of Micronesia, the 
Republic of the Marshall Islands, and the 
Republic of Palau 
(a) IN GENERAL.—As part of the program of matching grant 
assistance from the Historic Preservation Fund to States, the Sec-
retary shall administer a program of direct grants to the Federated 
States of Micronesia, the Republic of the Marshall Islands, and 
the Republic of Palau in furtherance of the Compact of Free Associa-
tion between the United States and the Federated States of Micro-
nesia and the Marshall Islands, approved by the Compact of Free 
Association Act of 1985 (48 U.S.C. 1901 et seq., 2001 et seq.), 
and the Compact of Free Association between the United States 
and Palau, approved by the Joint Resolution entitled ‘‘Joint Resolu-
tion to approve the ‘Compact of Free Association’ between the 
United States and Government of Palau, and for other purposes’’ 
(48 U.S.C. 1931 et seq.) or any successor enactment. 
(b) GOAL OF PROGRAM.—The goal of the program shall be to 
establish historic and cultural preservation programs that meet 
the unique needs of each of those nations so that at the termination 
of the compacts the programs shall be firmly established. 
(c) BASIS OF ALLOCATING AMOUNTS.—The amounts to be made 
available under this subsection shall be allocated by the Secretary 
on the basis of needs as determined by the Secretary. 
(d) WAIVERS AND MODIFICATIONS.—The Secretary may waive or 
modify the requirements of this subdivision to conform to the cul-
tural setting of those nations. Matching funds may be waived or 
modified. 
§ 302909. Prohibited use of grant amounts 
No part of any grant made under this subdivision shall be used 
to compensate any person intervening in any proceeding under 
this division. 
§ 302910. Recordkeeping 
A recipient of assistance under this division shall keep— 
(1) such records as the Secretary shall prescribe, including 
records that fully disclose— 
(A) the disposition by the recipient of the proceeds of 
the assistance; 
(B) the total cost of the project or undertaking in connec-
tion with which the assistance is given or used; and 
(C) the amount and nature of that portion of the cost 
of the project or undertaking supplied by other sources; 
and 
(2) such other records as will facilitate an effective audit.
H. R. 1068—113 
Chapter 3031—Historic Preservation Fund 
Sec. 
303101.
Establishment. 
303102.
Content. 
303103.
Use and availability. 
§ 303101. Establishment 
To carry out this division (except chapter 3041) and chapter 
3121, there is established in the Treasury the Historic Preservation 
Fund. 
§ 303102. Contents 
For each of fiscal years 2012 to 2015, $150,000,000 shall be 
deposited in the Historic Preservation Fund from revenues due 
and payable to the United States under section 9 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1338), section 7433(b) of 
title 10, or both, notwithstanding any provision of law that those 
proceeds shall be credited to miscellaneous receipts of the Treasury. 
§ 303103. Use and availability 
Amounts in the Historic Preservation Fund shall be used only 
to carry out this division and shall be available for expenditure 
only when appropriated by Congress. Any amount not appropriated 
shall remain available in the Historic Preservation Fund until 
appropriated for those purposes. Appropriations made pursuant 
to this section may be made without fiscal year limitation. 
Chapters 3033 Through 3037—Reserved 
Chapter 3039—Miscellaneous 
Sec. 
303901.
Loan insurance program for preservation of property included on National 
Register. 
303902.
Training in, and dissemination of information concerning, professional 
methods and techniques for preservation of historic property. 
303903.
Preservation education and training program. 
§ 303901. Loan insurance program for preservation of prop-
erty included on National Register 
(a) ESTABLISHMENT.—The Secretary shall establish and maintain 
a program by which the Secretary may, on application of a private 
lender, insure loans (including loans made in accordance with a 
mortgage) made by the lender to finance any project for the 
preservation of a property included on the National Register. 
(b) LOAN QUALIFICATIONS.—A loan may be insured under this 
section if— 
(1) the loan is made by a private lender approved by the 
Secretary as financially sound and able to service the loan 
properly; 
(2) the amount of the loan, and interest rate charged with 
respect to the loan, do not exceed the amount and rate estab-
lished by the Secretary by regulation; 
(3) the Secretary has consulted the appropriate State Historic 
Preservation Officer concerning the preservation of the historic 
property;
H. R. 1068—114 
(4) the Secretary has determined that the loan is adequately 
secured and there is reasonable assurance of repayment; 
(5) the repayment period of the loan does not exceed the 
lesser of 40 years or the expected life of the asset financed; 
(6) the amount insured with respect to the loan does not 
exceed 90 percent of the loss sustained by the lender with 
respect to the loan; and 
(7) the loan, the borrower, and the historic property to be 
preserved meet such other terms and conditions as may be 
prescribed by the Secretary by regulation, especially terms 
and conditions relating to the nature and quality of the 
preservation work. 
(c) CONSULTATION.—The Secretary shall consult with the Sec-
retary of the Treasury regarding the interest rate of loans insured 
under this section. 
(d) LIMITATION ON AMOUNT OF UNPAID PRINCIPAL BALANCE OF 
LOANS.—The aggregate unpaid principal balance of loans insured 
under this section may not exceed the amount that has been depos-
ited in the Historic Preservation Fund but which has not been 
appropriated for any purpose. 
(e) INSURANCE CONTRACTS.—Any contract of insurance executed 
by the Secretary under this section may be assignable, shall be 
an obligation supported by the full faith and credit of the United 
States, and shall be incontestable except for fraud or misrepresenta-
tion of which the holder had actual knowledge at the time it 
became a holder. 
(f) CONDITIONS AND METHODS OF PAYMENT AS RESULT OF LOSS.— 
The Secretary shall specify, by regulation and in each contract 
entered into under this section, the conditions and method of pay-
ment to a private lender as a result of losses incurred by the 
lender on any loan insured under this section. 
(g) PROTECTION OF FINANCIAL INTERESTS OF FEDERAL GOVERN-
MENT.—In entering into any contract to insure a loan under this 
section, the Secretary shall take steps to ensure adequate protection 
of the financial interests of the Federal Government. The Secretary 
may— 
(1) in connection with any foreclosure proceeding, obtain, 
on behalf of the Federal Government, the historic property 
securing a loan insured under this section; and 
(2) operate or lease the historic property for such period 
as may be necessary to protect the interest of the Federal 
Government and to carry out subsection (h). 
(h) CONVEYANCE
TO
GOVERNMENTAL
OR
NONGOVERNMENTAL 
ENTITY OF PROPERTY ACQUIRED BY FORECLOSURE.— 
(1) ATTEMPT TO CONVEY TO ENSURE PROPERTY’S PRESERVATION 
AND USE.—In any case in which historic property is obtained 
pursuant to subsection (g), the Secretary shall attempt to 
convey the property to any governmental or nongovernmental 
entity under conditions that will ensure the property’s contin-
ued preservation and use. If, after a reasonable time, the Sec-
retary, in consultation with the Council, determines that there 
is no feasible and prudent means to convey the property and 
to ensure its continued preservation and use, the Secretary 
may convey the property at the fair market value of its interest 
in the property to any entity without restriction.
H. R. 1068—115 
(2) DISPOSITION OF FUNDS.—Any funds obtained by the Sec-
retary in connection with the conveyance of any historic prop-
erty pursuant to paragraph (1) shall be deposited in the Historic 
Preservation Fund and shall remain available in the Historic 
Preservation Fund until appropriated by Congress to carry 
out this division. 
(i) ASSESSMENT OF FEES IN CONNECTION WITH INSURING LOANS.— 
The Secretary may assess appropriate and reasonable fees in 
connection with insuring loans under this section. The fees shall 
be deposited in the Historic Preservation Fund and shall remain 
available in the Historic Preservation Fund until appropriated by 
Congress to carry out this division. 
(j) TREATMENT
OF LOANS
AS NON-FEDERAL FUNDS.—Notwith-
standing any other provision of law, any loan insured under this 
section shall be treated as non-Federal funds for the purposes 
of satisfying any requirement of any other provision of law under 
which Federal funds to be used for any project or activity are 
conditioned on the use of non-Federal funds by the recipient for 
payment of any portion of the costs of the project or activity. 
(k) INELIGIBILITY OF DEBT OBLIGATION FOR PURCHASE OR COMMIT-
MENT TO PURCHASE
BY, OR SALE
OR ISSUANCE
TO, FEDERAL 
FINANCING BANK.—No debt obligation that is made or committed 
to be made, or that is insured or committed to be insured, by 
the Secretary under this section shall be eligible for purchase by, 
or commitment to purchase by, or sale or issuance to, the Federal 
Financing Bank. 
§ 303902. Training in, and dissemination of information con-
cerning, professional methods and techniques for 
preservation of historic property 
The Secretary shall develop and make available to Federal agen-
cies, State and local governments, private organizations and individ-
uals, and other nations and international organizations pursuant 
to the World Heritage Convention, training in, and information 
concerning, professional methods and techniques for the preserva-
tion of historic property and for the administration of the historic 
preservation program at the Federal, State, and local level. The 
Secretary shall also develop mechanisms to provide information 
concerning historic preservation to the general public including 
students. 
§ 303903. Preservation education and training program 
The Secretary, in consultation with the Council and other appro-
priate Federal, tribal, Native Hawaiian, and non-Federal organiza-
tions, shall develop and implement a comprehensive preservation 
education and training program. The program shall include— 
(1) standards and increased preservation training opportuni-
ties for Federal workers involved in preservation-related func-
tions; 
(2) preservation training opportunities for other Federal, 
State, tribal and local government workers, and students; 
(3) technical or financial assistance, or both, to historically 
black colleges and universities, to tribal colleges, and to colleges 
with a high enrollment of Native Americans or Native Hawai-
ians, to establish preservation training and degree programs; 
and
H. R. 1068—116 
(4) where appropriate, coordination with the National Center 
for Preservation Technology and Training of— 
(A) distribution of information on preservation tech-
nologies; 
(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, 
interpretation, 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 Con-
gress. 
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 Preservation, 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 President. 
(5) One Governor appointed by the President. 
(6) One mayor appointed by the President. 
(7) The President of the National Conference of State Historic 
Preservation Officers. 
(8) The Chairman of the National Trust. 
(9) Four experts in the field of historic preservation appointed 
by the President from architecture, history, archeology, and 
other appropriate disciplines. 
(10) Three members from the general public, appointed by 
the President. 
(11) One member of an Indian tribe or Native Hawaiian 
organization who represents the interests of the Indian tribe
H. R. 1068—117 
or Native Hawaiian organization of which he or she is a 
member, appointed by the President. 
(b) DESIGNATION OF SUBSTITUTES.—Each member of the Council 
specified 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 unexpired term). 
(e) DESIGNATION OF VICE CHAIRMAN.—The President shall des-
ignate a Vice Chairman from the members appointed under para-
graph (5), (6), (9), or (10) of subsection (a). The Vice Chairman 
may act in place of the Chairman 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 relating to historic preservation, 
and advise on the dissemination of information pertaining to 
those activities; 
(2) encourage, in cooperation with the National Trust and 
appropriate 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 stat-
utes 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 historic preservation; 
(4) advise as to guidelines for the assistance of State and 
local governments 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 recommend to Federal agencies methods to improve the 
effectiveness, coordination, and consistency of those policies 
and programs with the policies and programs carried out under 
this division; and
H. R. 1068—118 
(7) inform and educate Federal agencies, State and local 
governments, 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 
President 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 rec-
ommendations 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 agen-
cies, 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 statistics 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 addi-
tional compensation. The other members of the Council shall receive 
$100 per diem when engaged in the performance of the duties 
of the Council. All members of the Council shall receive reimburse-
ment 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 section 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 ATTOR-
NEYS.— 
(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 Council’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;
H. R. 1068—119 
(C) assist the Department of Justice in handling litigation 
concerning the Council in court; and 
(D) perform such other legal duties and functions as 
the Executive Director and the Council may direct. 
(c) 
APPOINTMENT
AND
COMPENSATION
OF
OFFICERS
AND 
EMPLOYEES.—The Executive Director of the Council may appoint 
and fix the compensation of officers and employees in the competi-
tive service who are necessary 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 employees 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
PER-
SONNEL.—The Executive Director may appoint and fix the com-
pensation of such additional personnel as may be necessary to 
carry out the Council’s duties, without 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 
PRIVATE
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 entity that will provide the services. 
(2) FEDERAL AGENCY REGULATIONS RELATING TO COLLECTION 
APPLY.—When a Federal agency affords those services, the regu-
lations of that agency under section 5514(b) of title 5 for the 
collection of indebtedness 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 appropria-
tions 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 
provide 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
H. R. 1068—120 
the fiscal year following the fiscal year in which the funds 
are received by the Council. 
(2) OBTAINING ADDITIONAL PROPERTY, FACILITIES, AND SERV-
ICES AND RECEIVING DONATIONS OF MONEY.—To the extent of 
available appropriations, 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 administer the 
property, facilities, services, and money for the purposes of 
this division. 
(h) RIGHTS, BENEFITS, 
AND
PRIVILEGES
OF
TRANSFERRED 
EMPLOYEES.—Any employee in the competitive service of the United 
States transferred to the Council under section 207 of the National 
Historic Preservation 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.—Sub-
chapter 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 Preservation and Restoration of Cultural Property 
is authorized. 
(b) OFFICIAL DELEGATION.—The Council shall recommend to the 
Secretary of State, after consultation with the Smithsonian Institu-
tion 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 Preservation 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 require 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 recommendations, testimony, or comments 
to Congress. When the Council voluntarily 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.
H. R. 1068—121 
§ 304108. Regulations, procedures, and guidelines 
(a) IN GENERAL.—The Council may promulgate regulations as 
it considers necessary to govern the implementation of section 
306108 of this title in its entirety. 
(b) PARTICIPATION BY LOCAL GOVERNMENTS.—The Council shall 
by regulation establish such procedures as may be necessary to 
provide for participation 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 pro-
grams or undertakings may be exempted from any or all of the 
requirements of this division when the exemption is determined 
to be consistent with the purposes of this division, taking into 
consideration the magnitude of the exempted undertaking or pro-
gram 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.— 
Whenever 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 Appropriations of the 
Senate. 
§ 304110. Report by Secretary to Council 
To assist the Council in discharging its responsibilities under 
this division, 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 recommending 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 reimbursements from State and local agencies and others 
pursuant to agreements executed in furtherance of this division. 
§ 304112. Effectiveness of Federal grant and assistance pro-
grams 
(a) COOPERATIVE AGREEMENTS.—The Council may enter into a 
cooperative agreement with any Federal agency that administers 
a grant or assistance program for the purpose of improving the 
effectiveness of the administration 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 
program’s statutory authorization and purpose.
H. R. 1068—122 
(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 effectiveness 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 
Administrator 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 commu-
nity development organization that— 
(i) has agreed to comply with the conditions set 
forth in section 305104 of this title and to have the 
conditions recorded with the deed of title to the historic 
light station; and 
(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, external to a vessel or aircraft, intended to assist 
a navigator to determine position or safe course, or to 
warn of dangers or obstructions to navigation. 
(B) INCLUSIONS.—The term ‘‘Federal aid to navigation’’ 
includes a light, lens, lantern, antenna, sound signal,
H. R. 1068—123 
camera, sensor, piece of electronic navigation equipment, 
power source, or other piece of equipment associated with 
a device described in subparagraph (A). 
(4) HISTORIC LIGHT STATION.—The term ‘‘historic light sta-
tion’’ includes 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 appurtenant 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 historic 
light station program 
To provide a national historic light station program, the Secretary 
shall— 
(1) collect and disseminate information concerning historic 
light stations; 
(2) foster educational programs relating to the history, prac-
tice, 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 chapter 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 entity 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— 
(A) review all applications for the conveyance of a historic 
light station, when the agency with administrative jurisdic-
tion over the historic light station has determined the 
property to be excess property (as that term is defined 
in section 102 of title 40); and 
(B) forward to the Administrator a single approved 
application for the conveyance of the historic light station. 
(2) CONSULTATION.—When selecting an eligible entity, the 
Secretary shall consult with the State Historic Preservation 
Officer of the State in which the historic light station is located. 
(c) CONVEYANCE OR SALE OF HISTORIC LIGHT STATIONS.— 
(1) CONVEYANCE BY ADMINISTRATOR.—Except as provided in 
paragraph (2), after the Secretary’s selection of an eligible 
entity, the Administrator shall convey, by quitclaim deed, with-
out consideration, all right, title, and interest of the United 
States in and to a historic light station, subject to the conditions 
set forth in section 305104 of this title. The conveyance of 
a historic light station under this chapter shall not be subject 
to the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11301 et seq.) or section 416(d) of the Coast Guard Authoriza-
tion Act of 1998 (Public Law 105–383, 14 U.S.C. 93 note).
H. R. 1068—124 
(2) HISTORIC LIGHT STATION LOCATED WITHIN A SYSTEM UNIT 
OR A REFUGE WITHIN NATIONAL WILDLIFE REFUGE SYSTEM.— 
(A) APPROVAL OF SECRETARY REQUIRED.—A historic light 
station located within the exterior boundaries of a System 
unit or a refuge within the National Wildlife Refuge System 
shall be conveyed or sold only with the approval of the 
Secretary. 
(B) CONDITIONS
OF
CONVEYANCE.—If the Secretary 
approves the conveyance of a historic light station described 
in subparagraph (A), the conveyance shall be subject to 
the conditions set forth in section 305104 of this title and 
any other terms or conditions that the Secretary considers 
necessary to protect the resources of the System unit or 
wildlife refuge. 
(C) CONDITIONS OF SALE.—If the Secretary approves the 
sale of a historic light station described in subparagraph 
(A), the sale shall be subject to the conditions set forth 
in paragraphs (1) to (4) and (8) of subsection (a), and 
subsection (b), of section 305104 of this title and any other 
terms or conditions that the Secretary considers necessary 
to protect the resources of the System unit or wildlife 
refuge. 
(D) COOPERATIVE AGREEMENTS.—The Secretary is encour-
aged to enter into cooperative agreements with appropriate 
eligible entities with respect to historic light stations 
described in subparagraph (A), as provided in this division, 
to the extent that the cooperative agreements are consistent 
with the Secretary’s responsibilities to manage and admin-
ister the System unit or wildlife refuge. 
§ 305104. Terms of conveyance 
(a) IN GENERAL.—The conveyance of a historic light station shall 
be made subject to any conditions, including the reservation of 
easements and other rights on behalf of the United States, that 
the Administrator considers necessary to ensure that— 
(1) the Federal aids to navigation located at the historic 
light station in operation on the date of conveyance remain 
the personal property of the United States and continue to 
be operated and maintained by the United States for as long 
as needed for navigational purposes; 
(2) there is reserved to the United States the right to remove, 
replace, or install any Federal aid to navigation located at 
the historic light station as may be necessary for navigational 
purposes; 
(3) the eligible entity to which the historic light station is 
conveyed shall not interfere or allow interference in any manner 
with any Federal aid to navigation or hinder activities required 
for the operation and maintenance of any Federal aid to naviga-
tion without the express written permission of the head of 
the agency responsible for maintaining the Federal aid to 
navigation; 
(4)(A) the eligible entity to which the historic light station 
is conveyed shall, at its own cost and expense, use and maintain 
the historic light station in accordance with this division, the 
Secretary of the Interior’s Standards for the Treatment of His-
toric Properties contained in part 68 of title 36, Code of Federal 
Regulations, and other applicable laws; and
H. R. 1068—125 
(B) any proposed changes to the historic light station shall 
be reviewed and approved by the Secretary in consultation 
with the State Historic Preservation Officer of the State in 
which the historic light station is located, for consistency with 
section 800.5(a)(2)(vii) of title 36, Code of Federal Regulations 
and the Secretary’s Standards for Rehabilitation contained in 
section 67.7 of title 36, Code of Federal Regulations; 
(5) the eligible entity to which the historic light station is 
conveyed shall make the historic light station available for 
education, park, recreation, cultural, or historic preservation 
purposes for the general public at reasonable times and under 
reasonable conditions; 
(6) the eligible entity to which the historic light station is 
conveyed shall not sell, convey, assign, exchange, or encumber 
the historic light station, any part of the historic light station, 
or any associated historic artifact conveyed to the eligible entity 
in conjunction with the historic light station conveyance, 
including any lens or lantern, unless the sale, conveyance, 
assignment, exchange, or encumbrance is approved by the Sec-
retary; 
(7) the eligible entity to which the historic light station is 
conveyed shall not conduct any commercial activity at the his-
toric light station, at any part of the historic light station, 
or in connection with any associated historic artifact conveyed 
to the eligible entity in conjunction with the historic light 
station conveyance, in any manner, unless the commercial 
activity is approved by the Secretary; and 
(8) the United States shall have the right, at any time, 
to enter the historic light station without notice, for purposes 
of operating, maintaining, and inspecting any aid to navigation 
and for the purpose of ensuring compliance with this section, 
to the extent that it is not possible to provide advance notice. 
(b) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity 
to which a historic light station is conveyed shall not be required 
to maintain any Federal aid to navigation associated with a historic 
light station, except any private aid to navigation permitted to 
the eligible entity under section 83 of title 14. 
(c) REVERSION.—In addition to any term or condition established 
pursuant to this section, the conveyance of a historic light station 
shall include a condition that the historic light station, or any 
associated historic artifact conveyed to the eligible entity in conjunc-
tion with the historic light station conveyance, including any lens 
or lantern, at the option of the Administrator, shall revert to the 
United States and be placed under the administrative control of 
the Administrator, if— 
(1) the historic light station, any part of the historic light 
station, or any associated historic artifact ceases to be available 
for education, park, recreation, cultural, or historic preservation 
purposes for the general public at reasonable times and under 
reasonable conditions that shall be set forth in the eligible 
entity’s application; 
(2) the historic light station or any part of the historic light 
station ceases to be maintained in a manner that ensures 
its present or future use as a site for a Federal aid to navigation; 
(3) the historic light station, any part of the historic light 
station, or any associated historic artifact ceases to be main-
tained in compliance with this division, the Secretary of the
H. R. 1068—126 
Interior’s Standards for the Treatment of Historic Properties 
contained in part 68 of title 36, Code of Federal Regulations, 
and other applicable laws; 
(4) the eligible entity to which the historic light station is 
conveyed sells, conveys, assigns, exchanges, or encumbers the 
historic light station, any part of the historic light fixture, 
or any associated historic artifact, without approval of the 
Secretary; 
(5) the eligible entity to which the historic light station is 
conveyed conducts any commercial activity at the historic light 
station, at any part of the historic light station, or in conjunc-
tion with any associated historic artifact, without approval 
of the Secretary; or 
(6) at least 30 days before the reversion, the Administrator 
provides written notice to the owner that the historic light 
station or any part of the historic light station is needed for 
national security purposes. 
(d) LIGHT
STATIONS
ORIGINALLY
CONVEYED
UNDER
OTHER 
AUTHORITY.—On receiving notice of an executed or intended convey-
ance by an owner that received from the Federal Government 
under authority other than this division a historic light station 
in which the United States retains a reversionary or other interest 
and that is conveying it to another person by sale, gift, or any 
other manner, the Secretary shall review the terms of the executed 
or proposed conveyance to ensure that any new owner is capable 
of or is complying with any and all conditions of the original 
conveyance. The Secretary may require the parties to the convey-
ance and relevant Federal agencies to provide information as is 
necessary to complete the review. If the Secretary determines that 
the new owner has not complied or is unable to comply with 
those conditions, the Secretary shall immediately advise the 
Administrator, who shall invoke any reversionary interest or take 
other action as may be necessary to protect the interests of the 
United States. 
§ 305105. Description of property 
(a) IN GENERAL.—The Administrator shall prepare the legal 
description of any historic light station conveyed under this chapter. 
The Administrator, in consultation with the Secretary of Homeland 
Security and the Secretary, may retain all right, title, and interest 
of the United States in and to any historical artifact, including 
any lens or lantern, that is associated with the historic light station 
and located at the historic light station at the time of conveyance. 
Wherever possible, the historical artifacts should be used in inter-
preting the historic light station. In cases where there is no method 
for preserving lenses and other artifacts and equipment in situ, 
priority should be given to preservation or museum entities most 
closely associated with the historic light station, if they meet loan 
requirements. 
(b) ARTIFACTS.—Artifacts associated with, but not located at, a 
historic light station at the time of conveyance shall remain the 
property of the United States under the administrative control 
of the Secretary of Homeland Security. 
(c) COVENANTS.—All conditions placed with the quitclaim deed 
of title to the historic light station shall be construed as covenants 
running with the land.
H. R. 1068—127 
(d) SUBMERGED LAND.—No submerged land shall be conveyed 
under this chapter. 
§ 305106. Historic light station sales 
(a) IN GENERAL.— 
(1) WHEN
SALE
MAY
OCCUR.—If no applicant is approved 
for the conveyance of a historic light station pursuant to sec-
tions 305101 through 305105 of this title, the historic light 
station shall be offered for sale. 
(2) TERMS OF SALE.—Terms of the sales— 
(A) shall be developed by the Administrator; and 
(B) shall be consistent with the requirements of para-
graphs (1) to (4) and (8) of subsection (a), and subsection 
(b), of section 305104 of this title. 
(3) COVENANTS
TO
BE
INCLUDED
IN
CONVEYANCE
DOCU-
MENTS.—Conveyance documents shall include all necessary cov-
enants to protect the historical integrity of the historic light 
station and ensure that any Federal aid to navigation located 
at the historic light station is operated and maintained by 
the United States for as long as needed for that purpose. 
(b) NET SALE PROCEEDS.— 
(1) DISPOSITION AND USE OF FUNDS.—Net sale proceeds from 
the disposal of a historic light station— 
(A) located on public domain land shall be transferred 
to the National Maritime Heritage Grants Program estab-
lished under chapter 3087 in the Department of the 
Interior; and 
(B) under the administrative control of the Secretary 
of Homeland Security— 
(i) shall be credited to the Coast Guard’s Operating 
Expenses appropriation account; and 
(ii) shall be available for obligation and expenditure 
for the maintenance of light stations remaining under 
the administrative control of the Secretary of Home-
land Security. 
(2) AVAILABILITY OF FUNDS.—The funds referred to in para-
graph (1)(B) shall remain available until expended and shall 
be available in addition to funds available in the Coast Guard’s 
Operating Expense appropriation for that purpose. 
Chapter 3053—National Center for 
Preservation Technology and Training 
Sec. 
305301.
Definitions. 
305302.
National Center for Preservation Technology and Training. 
305303.
Preservation Technology and Training Board. 
305304.
Preservation grants. 
305305.
General provisions. 
305306.
Service preservation centers and offices. 
§ 305301. Definitions 
In this chapter: 
(1) BOARD.—The term ‘‘Board’’ means the Preservation Tech-
nology and Training Board established pursuant to section 
305303 of this title.
H. R. 1068—128 
(2) CENTER.—The term ‘‘Center’’ means the National Center 
for Preservation Technology and Training established pursuant 
to section 305302 of this title. 
§ 305302. National Center for Preservation Technology and 
Training 
(a) ESTABLISHMENT.—There is established within the Department 
of the Interior a National Center for Preservation Technology and 
Training. The Center shall be located at Northwestern State Univer-
sity of Louisiana in Natchitoches, Louisiana. 
(b) PURPOSES.—The purposes of the Center shall be to— 
(1) develop and distribute preservation and conservation 
skills and technologies for the identification, evaluation, con-
servation, and interpretation of historic property; 
(2) develop and facilitate training for Federal, State, and 
local resource preservation professionals, cultural resource 
managers, maintenance personnel, and others working in the 
preservation field; 
(3) take steps to apply preservation technology benefits from 
ongoing research by other agencies and institutions; 
(4) facilitate the transfer of preservation technology among 
Federal agencies, State and local governments, universities, 
international organizations, and the private sector; and 
(5) 
cooperate 
with 
related 
international 
organizations 
including the International Council on Monuments and Sites, 
the International Center for the Study of Preservation and 
Restoration of Cultural Property, and the International Council 
on Museums. 
(c) PROGRAMS.—The purposes shall be carried out through 
research, professional training, technical assistance, and programs 
for public awareness, and through a program of grants established 
under section 305304 of this title. 
(d) EXECUTIVE DIRECTOR.—The Center shall be headed by an 
Executive Director with demonstrated expertise in historic preserva-
tion appointed by the Secretary with advice of the Board. 
(e) ASSISTANCE FROM SECRETARY.—The Secretary shall provide 
the Center assistance in obtaining such personnel, equipment, and 
facilities as may be needed by the Center to carry out its activities. 
§ 305303. Preservation Technology and Training Board 
(a) ESTABLISHMENT.—There is established a Preservation Tech-
nology and Training Board. 
(b) DUTIES.—The Board shall— 
(1) provide leadership, policy advice, and professional over-
sight to the Center; 
(2) advise the Secretary on priorities and the allocation of 
grants among the activities of the Center; and 
(3) submit an annual report to the President and Congress. 
(c) MEMBERSHIP.—The Board shall be comprised of— 
(1) the Secretary; 
(2) 6 members appointed by the Secretary, who shall rep-
resent appropriate Federal, State, and local agencies, State 
and local historic preservation commissions, and other public 
and international organizations; and 
(3) 6 members appointed by the Secretary on the basis of 
outstanding professional qualifications, who represent major
H. R. 1068—129 
organizations in the fields of archeology, architecture, conserva-
tion, curation, engineering, history, historic preservation, land-
scape architecture, planning, or preservation education. 
§ 305304. Preservation grants 
(a) IN GENERAL.—The Secretary, in consultation with the Board, 
shall provide preservation technology and training grants to eligible 
applicants with a demonstrated institutional capability and commit-
ment to the purposes of the Center, in order to ensure an effective 
and efficient system of research, information distribution, and skills 
training in all the related historic preservation fields. 
(b) GRANT REQUIREMENTS.— 
(1) ALLOCATION.—Grants provided under this section shall 
be allocated in such a fashion as to reflect the diversity of 
the historic preservation fields and shall be geographically 
distributed. 
(2) LIMIT ON AMOUNT A RECIPIENT MAY RECEIVE.—No grant 
recipient may receive more than 10 percent of the grants allo-
cated under this section within any year. 
(3) LIMIT ON ADMINISTRATIVE COSTS.—The total administra-
tive costs, direct and indirect, charged for carrying out grants 
under this section may not exceed 25 percent of the aggregate 
costs. 
(c) ELIGIBLE APPLICANTS.—Eligible applicants may include— 
(1) Federal and non-Federal laboratories; 
(2) accredited museums; 
(3) universities; 
(4) nonprofit organizations; 
(5) System units and offices and Cooperative Park Study 
Units of the System; 
(6) State Historic Preservation Offices; 
(7) tribal preservation offices; and 
(8) Native Hawaiian organizations. 
(d) STANDARDS
AND METHODS.—Grants shall be awarded in 
accordance with accepted professional standards and methods, 
including peer review of projects. 
§ 305305. General provisions 
(a) ACCEPTANCE OF GRANTS AND TRANSFERS.—The Center may 
accept— 
(1) grants and donations from private individuals, groups, 
organizations, corporations, foundations, and other entities; and 
(2) transfers of funds from other Federal agencies. 
(b) CONTRACTS
AND
COOPERATIVE
AGREEMENTS.—Subject to 
appropriations, the Center may enter into contracts and cooperative 
agreements with Federal, State, local, and tribal governments, 
Native Hawaiian organizations, educational institutions, and other 
public entities to carry out the Center’s responsibilities under this 
chapter. 
(c) ADDITIONAL FUNDS.—Funds appropriated for the Center shall 
be in addition to funds appropriated for Service programs, centers, 
and offices in existence on October 30, 1992. 
§ 305306. Service preservation centers and offices 
To improve the use of existing Service resources, the Secretary 
shall fully utilize and further develop the Service preservation 
(including conservation) centers and regional offices. The Secretary
H. R. 1068—130 
shall improve the coordination of the centers and offices within 
the Service, and shall, where appropriate, coordinate their activities 
with the Center and with other appropriate parties. 
Chapter 3055—National Building Museum 
Sec. 
305501.
Definitions. 
305502.
Cooperative agreement to operate museum. 
305503.
Activities and functions. 
305504.
Matching grants to Committee. 
305505.
Annual report. 
§ 305501. Definitions 
In this chapter: 
(1) BUILDING ARTS.—The term ‘‘building arts’’ includes all 
practical and scholarly aspects of prehistoric, historic, and 
contemporary architecture, archeology, construction, building 
technology and skills, landscape architecture, preservation and 
conservation, building and construction, engineering, urban and 
community design and renewal, city and regional planning, 
and related professions, skills, trades, and crafts. 
(2) COMMITTEE.—The term ‘‘Committee’’ means the Com-
mittee for a National Museum of the Building Arts, Incor-
porated, a nonprofit corporation organized and existing under 
the laws of the District of Columbia, or its successor. 
§ 305502. Cooperative agreement to operate museum 
To provide a national center to commemorate and encourage 
the building arts and to preserve and maintain a nationally signifi-
cant building that exemplifies the great achievements of the 
building arts in the United States, the Secretary and the Adminis-
trator of General Services shall enter into a cooperative agreement 
with the Committee for the operation of a National Building 
Museum in the Federal building located in the block bounded 
by Fourth Street, Fifth Street, F Street, and G Street, Northwest 
in Washington, District of Columbia. The cooperative agreement 
shall include provisions that— 
(1) make the site available to the Committee without charge; 
(2) provide, subject to available appropriations, such mainte-
nance, security, information, janitorial, and other services as 
may be necessary to ensure the preservation and operation 
of the site; and 
(3) prescribe reasonable terms and conditions by which the 
Committee can fulfill its responsibilities under this division. 
§ 305503. Activities and functions 
The National Building Museum shall— 
(1) collect and disseminate information concerning the 
building arts, including the establishment of a national ref-
erence center for current and historic documents, publications, 
and research relating to the building arts; 
(2) foster educational programs relating to the history, prac-
tice, and contribution to society of the building arts, including 
promotion of imaginative educational approaches to enhance 
understanding and appreciation of all facets of the building 
arts;
H. R. 1068—131 
(3) publicly display temporary and permanent exhibits illus-
trating, interpreting and demonstrating the building arts; 
(4) sponsor or conduct research and study into the history 
of the building arts and their role in shaping our civilization; 
and 
(5) encourage contributions to the building arts. 
§ 305504. Matching grants to Committee 
The Secretary shall provide matching grants to the Committee 
for its programs related to historic preservation. The Committee 
shall match the grants in such a manner and with such funds 
and services as shall be satisfactory to the Secretary, except that 
not more than $500,000 may be provided to the Committee in 
any one fiscal year. 
§ 305505. Annual report 
The Committee shall submit an annual report to the Secretary 
and the Administrator of General Services concerning its activities 
under this chapter and shall provide the Secretary and the Adminis-
trator of General Services with such other information as the Sec-
retary may consider necessary or advisable. 
Subdivision 5—Federal Agency Historic 
Preservation Responsibilities 
Chapter 3061—Program Responsibilities 
and Authorities 
Subchapter I—In General 
Sec. 
306101.
Assumption of responsibility for preservation of historic property. 
306102.
Preservation program. 
306103.
Recordation of historic property prior to alteration or demolition. 
306104.
Agency Preservation Officer. 
306105.
Agency programs and projects. 
306106.
Review of plans of transferees of surplus federally owned historic property. 
306107.
Planning and actions to minimize harm to National Historic Landmarks. 
306108.
Effect of undertaking on historic property. 
306109.
Costs of preservation as eligible project costs. 
306110.
Annual preservation awards program. 
306111.
Environmental impact statement. 
306112.
Waiver of provisions in event of natural disaster or imminent threat to na-
tional security. 
306113.
Anticipatory demolition. 
306114.
Documentation of decisions respecting undertakings. 
Subchapter II—Lease, Exchange, or Management of Historic Property 
306121.
Lease or exchange. 
306122.
Contracts for management of historic property. 
Subchapter III—Protection and Preservation of Resources 
306131.
Standards and guidelines. 
Subchapter I—In General 
§ 306101. Assumption of responsibility for preservation of 
historic property 
(a) IN GENERAL.— 
(1) AGENCY HEAD RESPONSIBILITY.—The head of each Federal 
agency shall assume responsibility for the preservation of his-
toric property that is owned or controlled by the agency.
H. R. 1068—132 
(2) 
USE
OF
AVAILABLE
HISTORIC
PROPERTY.—Prior 
to 
acquiring, constructing, or leasing a building for purposes of 
carrying out agency responsibilities, a Federal agency shall 
use, to the maximum extent feasible, historic property available 
to the agency, in accordance with Executive Order No. 13006 
(40 U.S.C. 3306 note). 
(3) NECESSARY PRESERVATION.—Each Federal agency shall 
undertake, consistent with the preservation of historic property, 
the mission of the agency, and the professional standards estab-
lished pursuant to subsection (c), any preservation as may 
be necessary to carry out this chapter. 
(b) GUIDELINES
FOR
FEDERAL
AGENCY
RESPONSIBILITY
FOR 
AGENCY-OWNED HISTORIC PROPERTY.—In consultation with the 
Council, the Secretary shall promulgate guidelines for Federal 
agency responsibilities under this subchapter (except section 
306108). 
(c) PROFESSIONAL STANDARDS FOR PRESERVATION OF FEDERALLY 
OWNED OR CONTROLLED HISTORIC PROPERTY.—The Secretary shall 
establish, in consultation with the Secretary of Agriculture, the 
Secretary of Defense, the Smithsonian Institution, and the Adminis-
trator of General Services, professional standards for the preserva-
tion of historic property in Federal ownership or control. 
§ 306102. Preservation program 
(a) ESTABLISHMENT.—Each Federal agency shall establish (except 
for programs or undertakings exempted pursuant to section 
304108(c) of this title), in consultation with the Secretary, a 
preservation program for the identification, evaluation, and nomina-
tion to the National Register, and protection, of historic property. 
(b) REQUIREMENTS.—The program shall ensure that— 
(1) historic property under the jurisdiction or control of the 
agency is identified, evaluated, and nominated to the National 
Register; 
(2) historic property under the jurisdiction or control of the 
agency is managed and maintained in a way that considers 
the preservation of their historic, archeological, architectural, 
and cultural values in compliance with section 306108 of this 
title and gives special consideration to the preservation of those 
values in the case of property designated as having national 
significance; 
(3) the preservation of property not under the jurisdiction 
or control of the agency but potentially affected by agency 
actions is given full consideration in planning; 
(4) the agency’s preservation-related activities are carried 
out in consultation with other Federal, State, and local agencies, 
Indian tribes, Native Hawaiian organizations carrying out his-
toric preservation planning activities, and the private sector; 
and 
(5) the agency’s procedures for compliance with section 
306108 of this title— 
(A) are consistent with regulations promulgated by the 
Council pursuant to section 304108(a) and (b) of this title; 
(B) provide a process for the identification and evaluation 
of historic property for listing on the National Register 
and the development and implementation of agreements, 
in consultation with State Historic Preservation Officers, 
local 
governments, 
Indian 
tribes, 
Native 
Hawaiian