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give consideration to programs and projects that will further the purposes 
of this division. 
§ 306106. Review of plans of transferees of surplus federally 
owned historic property 
The Secretary shall review and approve the plans of transferees of surplus 
federally owned historic property not later than 90 days after receipt of the 
plans to ensure that the prehistorical, historical, architectural, or culturally 
significant values will be preserved or enhanced. 
§ 306107. Planning and actions to minimize harm to Na-
tional Historic Landmarks 
Prior to the approval of any Federal undertaking that may directly and 
adversely affect any National Historic Landmark, the head of the respon-
sible Federal agency shall to the maximum extent possible undertake such 
planning and actions as may be necessary to minimize harm to the land-
mark. The head of the Federal agency shall afford the Council a reasonable 
opportunity to comment with regard to the undertaking. 
§ 306108. Effect of undertaking on historic property 
The head of any Federal agency having direct or indirect jurisdiction over 
a proposed Federal or federally assisted undertaking in any State and the 
head of any Federal department or independent agency having authority to 
license any undertaking, prior to the approval of the expenditure of any 
Federal funds on the undertaking or prior to the issuance of any license, 
shall take into account the effect of the undertaking on any historic prop-
erty. The head of the Federal agency shall afford the Council a reasonable 
opportunity to comment with regard to the undertaking. 
§ 306109. Costs of preservation as eligible project costs 
A Federal agency may include the costs of preservation activities of the 
agency under this division as eligible project costs in all undertakings of the 
agency or assisted by the agency. The eligible project costs may include 
amounts paid by a Federal agency to a State to be used in carrying out 
the preservation responsibilities of the Federal agency under this division, 
and reasonable costs may be charged to Federal licensees and permittees 
as a condition to the issuance of the license or permit. 
§ 306110. Annual preservation awards program 
The Secretary shall establish an annual preservation awards program 
under which the Secretary may make monetary awards in amounts of not 
to exceed $1,000 and provide citations for special achievement to officers 
and employees of Federal, State, and certified local governments in recogni-
tion of their outstanding contributions to the preservation of historic prop-
erty. The program may include the issuance of annual awards by the Presi-
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dent to any citizen of the United States recommended for the award by the 
Secretary. 
§ 306111. Environmental impact statement 
Nothing in this division shall be construed to— 
(1) require the preparation of an environmental impact statement 
where the statement would not otherwise be required under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or 
(2) provide any exemption from any requirement respecting the prep-
aration of an environmental impact statement under that Act. 
§ 306112. Waiver of provisions in event of natural disaster 
or imminent threat to national security 
The Secretary shall promulgate regulations under which the requirements 
of this subchapter (except section 306108) may be waived in whole or in 
part in the event of a major natural disaster or an imminent threat to na-
tional security. 
§ 306113. Anticipatory demolition 
Each Federal agency shall ensure that the agency will not grant a loan, 
loan guarantee, permit, license, or other assistance to an applicant that, 
with intent to avoid the requirements of section 306108 of this title, has 
intentionally significantly adversely affected a historic property to which the 
grant would relate, or having legal power to prevent it, has allowed the sig-
nificant adverse effect to occur, unless the agency, after consultation with 
the Council, determines that circumstances justify granting the assistance 
despite the adverse effect created or permitted by the applicant. 
§ 306114. Documentation of decisions respecting under-
takings 
With respect to any undertaking subject to section 306108 of this title 
that adversely affects any historic property for which a Federal agency has 
not entered into an agreement pursuant to regulations issued by the Coun-
cil, the head of the agency shall document any decision made pursuant to 
section 306108 of this title. The head of the agency may not delegate the 
responsibility to document a decision pursuant to this section. Where an 
agreement pursuant to regulations issued by the Council has been executed 
with respect to an undertaking, the agreement shall govern the undertaking 
and all of its parts. 
Subchapter II—Lease, Exchange, or 
Management of Historic Property 
§ 306121. Lease or exchange 
(a) AUTHORITY TO LEASE OR EXCHANGE.—Notwithstanding any other 
provision of law, each Federal agency, after consultation with the Council— 
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161 
(1) shall, to the extent practicable, establish and implement alter-
natives (including adaptive use) for historic property that is not needed 
for current or projected agency purposes; and 
(2) may lease historic property owned by the agency to any person 
or organization, or exchange any property owned by the agency with 
comparable historic property, if the agency head determines that the 
lease or exchange will adequately ensure the preservation of the historic 
property. 
(b) PROCEEDS OF LEASE.—Notwithstanding any other provision of law, 
the proceeds of a lease under subsection (a) may be retained by the agency 
entering into the lease and used to defray the costs of administration, main-
tenance, repair, and related expenses incurred by the agency with respect 
to that property or other property that is on the National Register that is 
owned by, or are under the jurisdiction or control of, the agency. Any sur-
plus proceeds from the leases shall be deposited in the Treasury at the end 
of the 2d fiscal year following the fiscal year in which the proceeds are re-
ceived. 
§ 306122. Contracts for management of historic property 
The head of any Federal agency having responsibility for the management 
of any historic property may, after consultation with the Council, enter into 
a contract for the management of the property. The contract shall contain 
terms and conditions that the head of the agency considers necessary or ap-
propriate to protect the interests of the United States and ensure adequate 
preservation of the historic property. 
Subchapter III—Protection and 
Preservation of Resources 
§ 306131. Standards and guidelines 
(a) STANDARDS.— 
(1) IN GENERAL.—Each Federal agency that is responsible for the 
protection of historic property (including archeological property) pursu-
ant to this division or any other law shall ensure that— 
(A) all actions taken by employees or contractors of the agency 
meet professional standards under regulations developed by the 
Secretary in consultation with the Council, other affected agencies, 
and the appropriate professional societies of archeology, architec-
ture, conservation, history, landscape architecture, and planning; 
(B) agency personnel or contractors responsible for historic 
property meet qualification standards established by the Office of 
Personnel Management in consultation with the Secretary and ap-
propriate professional societies of archeology, architecture, con-
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162 
servation, curation, history, landscape architecture, and planning; 
and 
(C) records and other data, including data produced by histor-
ical research and archeological surveys and excavations, are per-
manently maintained in appropriate databases and made available 
to potential users pursuant to such regulations as the Secretary 
shall promulgate. 
(2) CONSIDERATIONS.—The standards referred to in paragraph 
(1)(B) shall consider the particular skills and expertise needed for the 
preservation of historic property and shall be equivalent requirements 
for the disciplines involved. 
(3) REVISION.—The Office of Management and Budget shall revise 
qualification standards for the disciplines involved. 
(b) GUIDELINES.—To promote the preservation of historic property eligi-
ble for listing on the National Register, the Secretary shall, in consultation 
with the Council, promulgate guidelines to ensure that Federal, State, and 
tribal historic preservation programs subject to this division include plans 
to— 
(1) provide information to the owners of historic property (including 
architectural, curatorial, and archeological property) with demonstrated 
or likely research significance, about the need for protection of the his-
toric property, and the available means of protection; 
(2) encourage owners to preserve historic property intact and in 
place and offer the owners of historic property information on the tax 
and grant assistance available for the donation of the historic property 
or of a preservation easement of the historic property; 
(3) encourage the protection of Native American cultural items 
(within the meaning of section 2 of the Native American Graves Pro-
tection and Repatriation Act (25 U.S.C. 3001)) and of property of reli-
gious or cultural importance to Indian tribes, Native Hawaiian organi-
zations, or other Native American groups; and 
(4) encourage owners that are undertaking archeological excavations 
to— 
(A) conduct excavations and analyses that meet standards for 
federally-sponsored excavations established by the Secretary; 
(B) donate or lend artifacts of research significance to an ap-
propriate research institution; 
(C) allow access to artifacts for research purposes; and 
(D) prior to excavating or disposing of a Native American cul-
tural item in which an Indian tribe or Native Hawaiian organiza-
tion may have an interest under subparagraph (B) or (C) of sec-
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