185 
(B) donated supplies and related services, the value of which 
shall be determined by the Secretary. 
(3) REQUIREMENT.—The Secretary shall ensure that each applicant 
for a grant has the capacity to secure, and a feasible plan for securing, 
the non-Federal share for an eligible project required under paragraph 
(1) before a grant is provided to the eligible project under the program. 
§ 311103. Designation of Preserve America Communities 
(a) APPLICATION.—To be considered for designation as a Preserve Amer-
ica Community, a community, tribal area, or neighborhood shall submit to 
the Council an application containing such information as the Council may 
require. 
(b) CRITERIA.—To be designated as a Preserve America Community 
under the program, a community, tribal area, or neighborhood that submits 
an application under subsection (a) shall, as determined by the Council, in 
consultation with the Secretary, meet criteria required by the Council and, 
in addition, consider— 
(1) protection and celebration of the heritage of the community, trib-
al area, or neighborhood; 
(2) use of the historic assets of the community, tribal area, or neigh-
borhood for economic development and community revitalization; and 
(3) encouragement of people to experience and appreciate local his-
toric resources through education and heritage tourism programs. 
(c) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRES-
ERVATION ACTIVITIES.—The Council shall establish an expedited process 
for Preserve America Community designation for local governments pre-
viously certified for historic preservation activities under section 302502 of 
this title. 
(d) GUIDELINES.—The Council, in consultation with the Secretary, shall 
establish any guidelines that are necessary to carry out this section. 
§ 311104.
Regulations 
The Secretary shall develop any guidelines and issue any regulations that 
the Secretary determines to be necessary to carry out this chapter. 
§ 311105. Authorization of appropriations 
There is authorized to be appropriated to carry out this chapter 
$25,000,000 for each fiscal year, to remain available until expended. 
Subdivision 3—Administered by Other 
Than National Park Service 
Chapter 3121—National Trust for Historic 
Preservation in the United Sstates 
Sec. 
312101.
Definitions. 
312102.
Establishment and purposes. 
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186 
312103.
Principal office. 
312104.
Board of trustees. 
312105.
Powers. 
312106.
Consultation with National Park System Advisory Board. 
§ 312101. Definitions 
In this chapter: 
(1) BOARD.—The term ‘‘Board’’ means the board of trustees of the 
National Trust. 
(2) NATIONAL TRUST.—The term ‘‘National Trust’’ means the Na-
tional Trust for Historic Preservation in the United States established 
under section 312102 of this title. 
§ 312102. Establishment and purposes 
(a) ESTABLISHMENT.—To further the policy enunciated in chapter 3201 
of this title, and to facilitate public participation in the preservation of sites, 
buildings, and objects of national significance or interest, there is estab-
lished a charitable, educational, and nonprofit corporation to be known as 
the National Trust for Historic Preservation in the United States. 
(b) PURPOSES.—The purposes of the National Trust shall be to— 
(1) receive donations of sites, buildings, and objects significant in 
American history and culture; 
(2) preserve and administer the sites, buildings, and objects for pub-
lic benefit; 
(3) accept, hold, and administer gifts of money, securities, or other 
property of any character for the purpose of carrying out the preserva-
tion program; and 
(4) execute other functions vested in the National Trust by this 
chapter. 
§ 312103. Principal office 
The National Trust shall have its principal office in the District of Co-
lumbia and shall be deemed, for purposes of venue in civil actions, to be 
a resident of the District of Columbia. The National Trust may establish 
offices in other places as it may consider necessary or appropriate in the 
conduct of its business. 
§ 312104. Board of trustees 
(a) MEMBERSHIP.—The affairs of the National Trust shall be under the 
general direction of a board of trustees composed as follows: 
(1) The Attorney General, the Secretary, and the Director of the Na-
tional Gallery of Art, ex officio. 
(2) Not fewer than 6 general trustees who shall be citizens of the 
United States. 
(b) DESIGNATION OF ANOTHER OFFICER.—The Attorney General and 
the Secretary, when it appears desirable in the interest of the conduct of 
the business of the Board and to such extent as they consider it advisable, 
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may, by written notice to the National Trust, designate any officer of their 
respective departments to act for them in the discharge of their duties as 
a member of the Board. 
(c) GENERAL TRUSTEES.— 
(1) NUMBER AND SELECTION.—The number of general trustees shall 
be fixed by the Board and shall be chosen by the members of the Na-
tional Trust from its members at any regular meeting of the National 
Trust. 
(2) TERM OF OFFICE.—The respective terms of office of the general 
trustees shall be as prescribed by the Board but in no case shall exceed 
a period of 5 years from the date of election. 
(3) SUCCESSOR.—A successor to a general trustee shall be chosen 
in the same manner and shall have a term expiring 5 years from the 
date of the expiration of the term for which the predecessor was cho-
sen, except that a successor chosen to fill a vacancy occurring prior to 
the expiration of a term shall be chosen only for the remainder of that 
term. 
(d) CHAIRMAN.—The chairman of the Board shall be elected by a major-
ity vote of the members of the Board. 
(e) COMPENSATION AND REIMBURSEMENT.—No compensation shall be 
paid to the members of the Board for their services as such members, but 
they shall be reimbursed for travel and actual expenses necessarily incurred 
by them in attending board meetings and performing other official duties 
on behalf of the National Trust at the direction of the Board. 
§ 312105. Powers 
(a) IN GENERAL.—To the extent necessary to enable it to carry out the 
functions vested in it by this chapter, the National Trust has the general 
powers described in this section. 
(b) SUCCESSION.—The National Trust has succession until dissolved by 
Act of Congress, in which event title to the property of the National Trust, 
both real and personal, shall, insofar as consistent with existing contractual 
obligations and subject to all other legally enforceable claims or demands 
by or against the National Trust, pass to and become vested in the United 
States. 
(c) SUE AND BE SUED.—The National Trust may sue and be sued in 
its corporate name. 
(d) CORPORATE SEAL.—The National Trust may adopt, alter, and use 
a corporate seal that shall be judicially noticed. 
(e) CONSTITUTION, BYLAWS, AND REGULATIONS.—The National Trust 
may adopt a constitution and prescribe such bylaws and regulations, not in-
consistent with the laws of the United States or of any State, as it considers 
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necessary for the administration of its functions under this chapter, includ-
ing among other matters, bylaws and regulations governing visitation to his-
toric properties, administration of corporate funds, and the organization and 
procedure of the Board. 
(f) PERSONAL PROPERTY—The National Trust may accept, hold, and ad-
minister gifts and bequests of money, securities, or other personal property 
of any character, absolutely or in trust, for the purposes for which the Na-
tional Trust is created. Unless otherwise restricted by the terms of a gift 
or bequest, the National Trust may sell, exchange, or otherwise dispose of, 
and invest or reinvest in investments as it may determine from time to time, 
the moneys, securities, or other property given or bequeathed to it. The 
principal of corporate funds and the income from those funds and all other 
revenues received by the National Trust from any source shall be placed in 
such depositories as the National Trust shall determine and shall be subject 
to expenditure by the National Trust for its corporate purposes. 
(g) REAL PROPERTY.—The National Trust may acquire by gift, devise, 
purchase, or otherwise, absolutely or in trust, and hold and, unless other-
wise restricted by the terms of the gift or devise, encumber, convey, or oth-
erwise dispose of, any real property, or any estate or interest in real prop-
erty (except property within the exterior boundaries of a System unit), as 
may be necessary and proper in carrying into effect the purposes of the Na-
tional Trust. 
(h) CONTRACTS AND COOPERATIVE AGREEMENTS RESPECTING PROTEC-
TION, PRESERVATION, MAINTENANCE, OR
OPERATION.—The National 
Trust may contract and make cooperative agreements with Federal, State, 
or local agencies, corporations, associations, or individuals, under terms and 
conditions that the National Trust considers advisable, respecting the pro-
tection, preservation, maintenance, or operation of any historic site, build-
ing, object, or property used in connection with the site, building, object, 
or property for public use, regardless of whether the National Trust has ac-
quired title to the property, or any interest in the property. 
(i) ENTER INTO CONTRACTS AND EXECUTE INSTRUMENTS.—The Na-
tional Trust may enter into contracts generally and execute all instruments 
necessary or appropriate to carry out its corporate purposes, including con-
cession contracts, leases, or permits for the use of land, buildings, or other 
property considered desirable either to accommodate the public or to facili-
tate administration. 
(j) OFFICERS, AGENTS, AND EMPLOYEES.—The National Trust may ap-
point and prescribe the duties of officers, agents, and employees as may be 
necessary to carry out its functions, and fix and pay compensation to them 
for their services as the National Trust may determine. 
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