134 
this section, the conditions and method of payment 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 GOVERNMENT.— 
In entering into any contract to insure a loan under this section, the Sec-
retary 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 en-
sure the property’s continued preservation and use. If, after a reasonable 
time, the Secretary, 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. 
(2) DISPOSITION OF FUNDS.—Any funds obtained by the Secretary in 
connection with the conveyance of any historic property pursuant to 
paragraph (1) shall be deposited in the Historic Preservation Fund and 
shall remain available in the Historic Preservation Fund until appro-
priated 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 in-
suring 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.—Notwithstanding 
any other provision of law, any loan insured under this section shall be treat-
ed 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. 
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135 
(k) INELIGIBILITY OF DEBT OBLIGATION FOR PURCHASE OR COMMITMENT 
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 eligi-
ble 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 agencies, State 
and local governments, private organizations and individuals, and other na-
tions and international organizations pursuant to the World Heritage Con-
vention, training in, and information concerning, professional methods and 
techniques for the preservation 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 appropriate Fed-
eral, tribal, Native Hawaiian, and non-Federal organizations, shall develop 
and implement a comprehensive preservation education and training pro-
gram. The program shall include— 
(1) standards and increased preservation training opportunities for 
Federal workers involved in preservation-related functions; 
(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 col-
leges and universities, to tribal colleges, and to colleges with a high en-
rollment of Native Americans or Native Hawaiians, to establish preser-
vation training and degree programs; and 
(4) where appropriate, coordination with the National Center for Pres-
ervation Technology and Training of— 
(A) distribution of information on preservation technologies; 
(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, inter-
pretation, and display related to preservation. 
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136 
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 Gov-
ernment. 
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 Congress. 
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 activi-
ties 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 Preser-
vation 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 Presi-
dent. 
(11) One member of an Indian tribe or Native Hawaiian organization 
who represents the interests of the Indian tribe or Native Hawaiian or-
ganization 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 in-
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137 
stead 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 depart-
ment-wide or agency-wide responsibilities may be designated. 
(c) TERM OF OFFICE.—Each member of the Council appointed under para-
graphs (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 ap-
pointed 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 unex-
pired term). 
(e) DESIGNATION OF VICE CHAIRMAN.—The President shall designate a 
Vice Chairman from the members appointed under paragraph (5), (6), (9), 
or (10) of subsection (a). The Vice Chairman may act in place of the Chair-
man 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 relat-
ing to historic preservation, and advise on the dissemination of informa-
tion pertaining to those activities; 
(2) encourage, in cooperation with the National Trust and appro-
priate 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 statutes 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 his-
toric preservation; 
(4) advise as to guidelines for the assistance of State and local govern-
ments 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; 
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