109TH CONGRESS 
2D SESSION 
H. R. 5861
AN ACT 
To amend the National Historic Preservation Act, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Historic Pres-
ervation Act Amendments of 2006’’. 
SEC. 2. HISTORIC PRESERVATION OFFICER RESPONSIBIL-
ITIES. 
Section 101(b) of the National Historic Preservation 
Act (16 U.S.C. 470a(b)) is amended by adding at the end 
the following: 
‘‘(7) The State Historic Preservation Officer 
shall have no authority to require an applicant for 
Federal assistance, permit, or license to identify his-
toric properties outside the undertaking’s area of po-
tential effects as determined by the Federal agency 
in accordance with the regulations implementing sec-
tion 106. 
‘‘(8) If the State Historic Preservation Officer, 
Tribal representative, or Tribal Historic Preserva-
tion Officer fails to respond within 30 days after an 
adequately documented finding of ‘no historic prop-
erties affected’ or ‘no adverse effect’ as provided in 
the regulations implementing section 106, the Fed-
eral agency may assume that the State Historic 
Preservation Officer or Tribal Historic Preservation 
Officer has no objection to the finding.’’.
SEC. 3. ADDITIONAL CRITERIA FOR CERTIFICATION OF 
LOCAL GOVERNMENTS TO CARRY OUT NA-
TIONAL HISTORIC PRESERVATION ACT. 
Section 101(c)(1) of the National Historic Preserva-
tion Act (16 U.S.C. 470a(c)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); 
(3) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) agrees that it shall not use any eligi-
bility determination regarding the inclusion of 
any property or District on the National Reg-
ister to initiate local regulatory requirements 
unless the entity provides full due process pro-
tection to the owner or owners of the property 
or District through a hearing process; and’’; 
and 
(4) in the matter below the subparagraphs, by 
striking ‘‘through (E)’’ and inserting ‘‘through (F)’’. 
SEC. 4. HISTORIC PRESERVATION FUND. 
Section 108 of the National Historic Preservation Act 
(16 U.S.C. 470h) is amended by striking ‘‘2005’’ and in-
serting ‘‘2015’’.
SEC. 5. ADVISORY COUNCIL ON HISTORIC PRESERVATION. 
(a) MEMBERSHIP.—Section 201 of the national his-
toric preservation act (16 U.S.C. 470i) is amended—
(1) in subsection (a)(4), by striking ‘‘four’’ and 
inserting ‘‘seven’’; 
(2) in subsection (b), by striking ‘‘(5) and (6)’’ 
and inserting ‘‘paragraph (6)’’; and 
(3) in subsection (f), by striking ‘‘Nine’’ and in-
serting ‘‘Eleven’’. 
(b) FINANCIAL AND ADMINISTRATIVE SERVICES.—
Section 205(f) of such Act (16 U.S.C. 470m(f)) is amend-
ed to read as follows: 
‘‘(f) Financial and administrative services (including 
those related to budgeting, accounting, financial reporting, 
personnel and procurement) shall be provided the Council 
by the Department of the Interior or, at the discretion 
of the Council, such other agency or private entity that 
reaches an agreement with the Council, for which pay-
ments shall be made in advance or by reimbursement from 
funds of the Council in such amounts as may be agreed 
upon by the Chairman of the Council and the head of the 
agency or, in the case of a private entity, the authorized 
representative of the private entity that will provide the 
services. When a Federal agency affords such services, the 
regulations of that agency for the collection of indebted-
ness of personnel resulting from erroneous payments, pre-
scribed under section 5514(b) of title 5, United States 
Code, shall apply to the collection of erroneous payments 
made to or on behalf of a Council employee, and regula-
tions of that agency for the administrative control of funds 
under sections 1513(d) and 1514 of title 31, United 
States Code, shall apply to appropriations of the Council. 
The Council shall not be required to prescribe such regula-
tions.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
212(a) of the Act (16 U.S.C. 470t(a)) is amended by 
striking ‘‘for purposes of this title not to exceed 
$4,000,000 for each fiscal year 1997 through 2005’’ and 
inserting ‘‘such amounts as may be necessary to carry out 
this title’’. 
SEC. 6. EFFECTIVENESS OF FEDERAL GRANT AND ASSIST-
ANCE PROGRAMS IN MEETING PURPOSES 
AND POLICIES OF THE NATIONAL HISTORIC 
PRESERVATION ACT. 
The National Historic Preservation Act is amended 
by inserting after section 215 (16 U.S.C. 470v–1) the fol-
lowing new section: 
‘‘SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND AS-
SISTANCE PROGRAMS. 
‘‘(a) COOPERATIVE AGREEMENTS.—The Council may 
enter into a cooperative agreement with any Federal agen-
cy that administers a grant or assistance program for the 
purpose of improving the effectiveness of the administra-
tion of such program in meeting the purposes and policies 
of this Act. Such cooperative agreements may include pro-
visions that modify the selection criteria for a grant or 
assistance program to further the purposes of this Act or 
that allow the Council to participate in the selection of 
recipients, if such provisions are not inconsistent with the 
statutory authorization and purpose of the grant or assist-
ance program. 
‘‘(b) REVIEW
OF GRANT
AND ASSISTANCE PRO-
GRAMS.—The council may—
‘‘(1) review the operation of any Federal grant 
or assistance program to evaluate the effectiveness 
of such program in meeting the purposes and poli-
cies of this Act; 
‘‘(2) make recommendations to the head of the 
Federal agency that administers such program to 
further the consistency of the program with the pur-
poses and policies of this Act and to improve its ef-
fectiveness in carrying out those purposes and poli-
cies; and 
‘‘(3) make recommendations to the President 
and the Congress regarding the effectiveness of Fed-
eral grant and assistance programs in meeting the
purposes and policies of this Act, including rec-
ommendations with regard to appropriate funding 
levels.’’. 
Passed the House of Representatives September 25, 
2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 5861
AN ACT 
To amend the National Historic Preservation Act, 
and for other purposes.