H. R. 1068—133 
organizations, and the interested public, as appropriate, 
regarding the means by which adverse effects on historic 
property will be considered; and 
(C) provide for the disposition of Native American cul-
tural items from Federal or tribal land in a manner con-
sistent with section 3(c) of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3002(c)). 
§ 306103. Recordation of historic property prior to alteration 
or demolition 
Each Federal agency shall initiate measures to ensure that where, 
as a result of Federal action or assistance carried out by the 
agency, a historic property is to be substantially altered or demol-
ished— 
(1) timely steps are taken to make or have made appropriate 
records; and 
(2) the records are deposited, in accordance with section 
302107 of this title, in the Library of Congress or with such 
other appropriate agency as the Secretary may designate, for 
future use and reference. 
§ 306104. Agency Preservation Officer 
The head of each Federal agency (except an agency that is 
exempted under section 304108(c) of this title) shall designate a 
qualified official as the agency’s Preservation Officer who shall 
be responsible for coordinating the agency’s activities under this 
division. Each Preservation Officer may, to be considered qualified, 
satisfactorily complete an appropriate training program established 
by the Secretary under section 306101(c) of this title. 
§ 306105. Agency programs and projects 
Consistent with the agency’s missions and mandates, each Fed-
eral agency shall carry out agency programs and projects (including 
those under which any Federal assistance is provided or any Federal 
license, permit, or other approval is required) in accordance with 
the purposes of this division and 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 National 
Historic Landmarks 
Prior to the approval of any Federal undertaking that may 
directly and adversely affect any National Historic Landmark, the 
head of the responsible Federal agency shall to the maximum 
extent possible undertake such planning and actions as may be 
necessary to minimize harm to the landmark. The head of the 
Federal agency shall afford the Council a reasonable opportunity 
to comment with regard to the undertaking.
H. R. 1068—134 
§ 306108. Effect of undertaking on historic property 
The head of any Federal agency having direct or indirect jurisdic-
tion 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 property. The head 
of the Federal agency shall afford the Council a reasonable oppor-
tunity 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 cer-
tified local governments in recognition of their outstanding contribu-
tions to the preservation of historic property. The program may 
include the issuance of annual awards by the President 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 state-
ment where the statement would not otherwise be required 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); or 
(2) provide any exemption from any requirement respecting 
the preparation 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 national 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 significant adverse effect 
to occur, unless the agency, after consultation with the Council,
H. R. 1068—135 
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 Council, 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 agree-
ment 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— 
(1) shall, to the extent practicable, establish and implement 
alternatives (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, maintenance, 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 surplus 
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 received. 
§ 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 prop-
erty. The contract shall contain terms and conditions that the 
head of the agency considers necessary or appropriate to protect 
the interests of the United States and ensure adequate preservation 
of the historic property.
H. R. 1068—136 
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) pursuant 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, architecture, conserva-
tion, history, landscape architecture, and planning; 
(B) agency personnel or contractors responsible for his-
toric property meet qualification standards established by 
the Office of Personnel Management in consultation with 
the Secretary and appropriate professional societies of 
archeology, architecture, conservation, curation, history, 
landscape architecture, and planning; and 
(C) records and other data, including data produced by 
historical research and archeological surveys and exca-
vations, are permanently maintained in appropriate data-
bases 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 
eligible 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 sub-
ject 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 historic 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 informa-
tion 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 Protection and Repatriation Act (25 U.S.C. 3001)) and 
of property of religious or cultural importance to Indian tribes, 
Native Hawaiian organizations, or other Native American 
groups; and 
(4) encourage owners that are undertaking archeological exca-
vations to—