National Historic Preservation Act Amendments of 1980
PL 96-515 (H.R.5496), enacted 12/12/1980

PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 2987 
Public Law 96-515 
96th Congress 
An Act 
To amend the National Historic Preservation Act of 1966, and for other purposes. 
Dec. 12, 1980 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the "National Historic Preservation Act Amendments of 
1980". 
TITLE I—FINDINGS AND POLICY OF NATIONAL HISTORIC 
PRESERVATION ACT 
SEC. 101. (a) The first section of the Act of October 15, 1966 (16 
U.S.C. 470-470t), hereinafter in this Act referred to as the "National 
Historic Preservation Act", is amended to read as follows: 
"SEC. 1. (a) This Act may be cited as the 'National Historic 
Preservation Act'. 
"(b) The Congress finds and declares that— 
"(1) the spirit and direction of the Nation are founded upon and 
reflected in its historic heritage; 
"(2) the historical and cultural foundations of the Nation 
should be preserved as a living part of our community life and 
development in order to give a sense of orientation to the 
American people; 
"(3) historic properties significant to the Nation's heritage are 
being lost or substantially altered, often inadvertently, with 
increasing frequency; 
"(4) the preservation of this irreplaceable heritage is in the 
public interest so that its vital legacy of cultural, educational, 
aesthetic, inspirational, economic, and energy benefits will be 
maintained and enriched for future generations of Americans; 
"(5) in the face of ever-increasing extensions of urban centers, 
highways, and residential, commercial, and industrial develop-
ments, the present governmental and nongovernmental historic 
preservation programs and activities are inadequate to insure 
future generations a genuine opportunity to appreciate and 
enjoy the rich heritage of our Nation; 
"(6) the increased knowledge of our historic resources, the 
establishment of better means of identifying and administering 
them, and the encouragement of their preservation will improve 
the planning and execution of Federal and federally assisted 
projects and will assist economic growth and development; and 
"(7) although the major burdens of historic preservation have 
been borne and major efforts initiated by private agencies and 
individuals, and both should continue to play a vital role, it is 
nevertheless necessary and appropriate for the Federal Govern-
ment to accelerate its historic preservation programs and 
activities, to give maximum encouragement to agencies and indi-
viduals undertaking preservation by private means, and to assist 
State and local governments and the National Trust for Historic 
[H.R. 5496] 
National 
Historic 
Preservation Act 
Amendments of 
1980. 
16 u s e 470 note. 
Short title. 
16 u s e 470. 
94 STAT. 2988 
PUBLIC LAW 96-515—DEC. 12, 1980 
16 u s e 470-1. 
National 
Register of 
Historic Places, 
expansion and 
maintenance. 
16 u s e 470a. 
National 
Historic 
Landmarks. 
Publication in 
Federal 
Register. 
Submittal to 
congressional 
committees. 
Ante, p. 2987. 
16 u s e 450m, 
450n. 
eriteria and 
regulations. 
Preservation in the United States to expand and accelerate their 
historic preservation programs and activities. 
"SEC. 2. It shall be the policy of the Federal Government, in 
cooperation with other nations and in partnership with the States, 
local governments, Indian tribes, and private organizations and 
individuals to— 
"(1) use measures, including financial and technical assistance, 
to foster conditions under which our modem society and our 
prehistoric and historic resources can exist in productive har-
mony and fulfill the social, economic, and other requirements of 
present and future generations; 
"(2) provide leadership in the preservation of the prehistoric 
and historic resources of the United States and of the interna-
tional community of nations; 
"(3) administer federally owned, administered, or controlled 
prehistoric and historic resources in a spirit of stewardship for 
the inspiration and benefit of present and future generations; 
"(4) contribute to the preservation of nonfederally owned 
prehistoric and historic resources and give maximum encourage-
ment to organizations and individuals undertaking preservation 
by private means; 
(5) encourage the public and private preservation and utiliza-
tion of all usable elements of the Nation's historic built environ-
ment; and 
"(6) assist State and local governments and the National Trust 
for Historic Preservation in the United States to expand and 
accelerate their historic preservation programs and activities.". 
TITLE II—HISTORIC PRESERVATION PROGRAM 
SEC. 201. (a) Section 101 of the National Historic Preservation Act 
is amended to read as follows: 
"SEC. 101. (a)(1)(A) The Secretary of the Interior is authorized to 
expand and maintain a National Register of Historic Places com-
posed of districts, sites, buildings, structures, and objects significant 
in American history, architecture, archeology, engineering, and 
culture. 
"(B) Properties meeting the criteria for National Historic Land-
marks established pursuant to paragraph (2) shall be designated as 
'National Historic Landmarks' and included on the National Regis-
ter, subject to the requirements of paragraph (6). All historic proper-
ties included on the National Register on the date of the enactment of 
the National Historic Preservation Act Amendments of 1980 shall be 
deemed to be included on the National Register as of their initial 
listing for purposes of this Act. All historic properties listed in the 
Federal Register of February 6, 1979, as 'National Historic Land-
marks' or thereafter prior to the effective date of this Act are 
declared by Congress to be National Historic Landmarks of national 
historic significance as of their initial listing as such in the Federal 
Register for purposes of this Act and the Act of August 21, 1935 (49 
Stat. 666); except that in cases of National Historic Landmark 
districts for which no boundaries have been established, boundaries 
must first be published in the Federal Register and submitted to the 
Committee on Energy and Natural Resources of the United States 
Senate and to the Committee on Interior and Insular Affairs of the 
United States House of Representatives. 
"(2) The Secretary in consultation with national historical and 
archaeological associations, shall establish or revise criteria for 
PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 2989 
Properties, 
nomination. 
properties to be included on the National Register and criteria for 
National Historic Landmarks, and shall also promulgate or revise 
regulations as may be necessary for— 
"(A) nominating properties for inclusion in, and removal from, 
the National Register and the recommendation of properties by 
certified local governments; 
"(B) designating properties as National Historic Landmarks 
and removing such designation; 
"(C) considering appeals from such recommendations, nomina-
tions, removals, and designations (or any failure or refusal by a 
nominating authority to nominate or designate); 
"(D) nominating historic properties for inclusion in the World 
Heritage List in accordance with the terms of the Convention 
concerning the Protection of the World Cultural and Natural 
Heritage; 
"(E) making determinations of eligibility of properties for 
inclusion on the National Register; and 
"(F) notifying the owner of a property, any appropriate local 
governments, and the general public, when the property is being 
considered for inclusion on the National Register, for designation 
as a National Historic Landmark or for nomination to the World 
Heritage List. 
"(3) Subject to the requirements of paragraph (6), any State which 
is carrying out a program approved under subsection (b), shall 
nominate to the Secretary properties which meet the criteria promul-
gated under subsection (a) for inclusion on the National Register. 
Subject to paragraph (6), any property nominated under this para-
graph or under section 110(a)(2) shall be included on the National Post, p. 2996. 
Register on the date forty-five days after receipt by the Secretary of 
the nomination and the necessary documentation, unless the Secre-
tary disapproves such nomination within such forty-five day period 
or unless an appeal is 
filed 
under paragraph (5). 
"(4) Subject to the requirements of paragraph (6) the Secretary may Determinations 
accept a nomination directly from any person or local government for 
inclusion of a property on the National Register only if such property 
is located in a State where there is no program approved under 
subsection (b). The Secretary may include on the National Register 
any property for which such a nomination is made if he determines 
that such property is eligible in accordance with the regulations 
promulgated under paragraph (2). Such determination shall be made 
within ninety days from the date of the nomination unless the 
nomination is appealed under paragraph (5). 
"(5) Any person or local government may appeal to the Secretary a Appeals. 
nomination of any historic property for inclusion on the National 
Register and may appeal to the Secretary the failure or refusal of a 
nominating authority to nominate a property in accordance with this 
subsection. 
"(6) The Secretary shall promulgate regulations requiring that 
before any property or district may be included on the National 
Register or designated as a National Historic Landmark, the owner 
or owners of such property, or a majority of the owners of the 
properties within the district in the case of an historic district, shall 
be given the opportunity (including a reasonable period of time) to 
concur in, or object to, the nomination of the property or district for 
such inclusion or designation. If the owner or owners of any privately 
owned property, or a majority of the owners of such properties within 
the district in the case of an historic district, object to such inclusion 
or designation, such property shall not be included on the National 
Regulations. 
Owner 
concurrence or 
objections. 
94 STAT. 2990 
PUBLIC LAW 96-515—DEC. 12, 1980 
Review. 
Regulations. 
Post, p. 2996. 
Post, p. 2994. 
State Historic 
Preservation 
Programs, 
regulations. 
Evaluation. 
Audits. 
Register or designated as a National Historic Landmark until such 
objection is withdrawn. The Secretary shall review the nomination of 
the property or district where any such objection has been made and 
shall determine whether or not the property or district is eligible for 
such inclusion or designation, and if the Secretary determines that 
such property or district is eligible for such inclusion or designation, 
he shall inform the Advisory Council on Historic Preservation, the 
appropriate State Historic Preservation Officer, the appropriate chief 
elected local official and the owner or owners of such property, of his 
determination. The regulations under this paragraph shall include 
provisions to carry out the purposes of this paragraph in the case of 
multiple ownership of a single property. 
"(7) The Secretary shall promulgate, or revise, regulations— 
"(A) ensuring that significant prehistoric and historic arti-
facts, and associated records, subject to section 110 of this Act, 
the Act of June 27, 1960 (16 U.S.C 469c), and the Archaeological 
Resources Protection Act of 1979 (16 U.S.C. 470aa and following) 
are deposited in an institution with adequate long-term cura-
torial capabilities; 
"(B) establishing a uniform process and standards for docu-
menting historic properties by public agencies and private par-
ties for purposes of incorporation into, or complementing, the 
national historical architectural and engineering records within 
the Library of Congress; and 
"(C) certifying local governments, in accordance with subsec-
tion (c)(1) and for the allocation of funds pursuant to section 
103(c) of this Act. 
"(b)(1) The Secretary, in consultation with the National Conference 
of State Historic Preservation Officers and the National Trust for 
Historic Preservation, shall promulgate or revise regulations for 
State Historic Preservation Programs. Such regulations shall provide 
that a State program submitted to the Secretary under this section 
shall be approved by the Secretary if he determines that the 
program— 
"(A) provides for the designation and appointment by the 
Governor of a 'State Historic Preservation Officer' to administer 
such program in accordance with paragraph (3) and for the 
employment or appointment by such officer of such profession-
ally qualified staff as may be necessary for such purposes; 
"(B) provides for an adequate and qualified State historic 
preservation review board designated by the State Historic 
Preservation Officer unless otherwise provided for by State law; 
and 
"(C) provides for adequate public participation in the State 
Historic Preservation Program, including the process of recom-
mending properties for nomination to the National Register. 
"(2) Periodically, but not less than every four years after the 
approval of any State program under this subsection, the Secretary 
shall evaluate such program to make a determination as to whether 
or not it is in compliance with the requirements of this Act. If at any 
time, the Secretary determines that a State program does not comply 
with such requirements, he shall disapprove such program, and 
suspend in whole or in part assistance to such State under subsection 
(d)(1), unless there are adequate assurances that the program will 
comply with such requirements within a reasonable period of time. 
The Secretary may also conduct periodic fiscal audits of State 
programs approved under this section. 
PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 2991 
"(3) It shall be the responsibility of the State Historic Preservation 
Officer to administer the State Historic Preservation Program and 
to— 
"(A) in cooperation with Federal and State agencies, local 
governments, and private organizations and individuals, direct 
and conduct a comprehensive statewide survey of historic proper-
ties and maintain inventories of such properties; 
"(B) identify and nominate eligible properties to the National 
Register and otherwise administer applications for listing his-
toric properties on the National Register; 
"(C) prepare and implement a comprehensive statewide his-
toric preservation plan; 
"(D) administer the State program of Federal assistance for 
historic preservation within the State; 
"(E) advise and assist, as appropriate. Federal and State 
agencies and local governments in carrying out their historic 
preservation responsibilities; 
"(F) cooperate with the Secretary, the Advisory Council on 
Historic Preservation, and other Federal and State agencies, 
local governments, and organizations and individuals to ensure 
that historic properties are taken into consideration at all levels 
of planning and development; 
'(G) provide public information, education, and training and 
technical assistance relating to the Federal and State Historic 
Preservation Programs; and 
"(H) cooperate with local governments in the development of 
local historic preservation programs and assist local govern-
ments in becoming certified pursuant to subsection (c). 
"(4) Any State may carry out all or any part of its responsibilities 
under this subsection by contract or cooperative agreement with any 
qualified nonprofit organization or educational institution. 
"(5) Any State historic preservation program in effect under prior 
authority of law may be treated as an approved program for purposes 
of this subsection until the earlier of— 
"(A) the date on which the Secretary approves a program 
submitted by the State under this subsection, or 
"(B) three years after the date of the enactment of the National 
Historic Preservation Act Amendments of 1980. 
"(c)(1) Any State program approved under this section shall provide 
a mechanism for the certification by the State Historic Preservation 
Officer of local governments to carry out the purposes of this Act and 
provide for the transfer, in accordance with section 103(c), of a portion 
of the grants received by the States under this Act, to such local 
governments. Any local government shall be certified to participate 
under the provisions of this section if the applicable State Historic 
Preservation Officer, and the Secretary, certifies that the local 
government— 
"(A) enforces appropriate State or local legislation for the 
designation and protection of historic properties; 
"(B) has established an adequate and qualified historic preser-
vation review commission by State or local legislation; 
"(C) maintains a system for the survey and inventory of 
historic properties that furthers the purposes of subsection (b); 
"(D) provides for adequate public participation in the local 
historic preservation program, including the process of recom-
mending properties for nomination to the National Register; and 
"(E) satisfactorily performs the responsibilities delegated to it 
under this Act. 
State Historic 
Preservation 
Officer, 
responsibilities. 
Ante, p. 2987. 
Certification. 
Post, p. 2994. 
Requirements. 
94 STAT. 2992 
PUBLIC LAW 96-515—DEC. 12, 1980 
Grants-in-aid. 
Notification. 
Report. 
Ante, p. 2988. 
Unrecommended 
nominations. 
Appeals. 
Ante, p. 2988. 
Post, p. 2994. 
Grants-in-aid. 
16 use 
468-468e. 
Direct grants. 
16 u s e 470h. 
Where there is no approved State program, a local government may 
be certified by the Secretary if he determines that such local 
government meets the requirements of subparagraphs (A) through 
(E); and in any such case the Secretary may make grants-in-aid to the 
local government for purposes of this section. 
"(2)(A) Before a property within the jurisdiction of the certified 
local government may be considered by the State to be nominated to 
the Secretary for inclusion on the National Register, the State 
Historic Preservation Officer shall notify the owner, the applicable 
chief local elected official, and the local historic preservation commis-
sion. The commission, after reasonable opportunity for public com-
ment, shall prepare a report as to whether or not such property, in its 
opinion, meets the criteria of the National Register. Within sixty 
days of notice from the State Historic Preservation Officer, the chief 
local elected official shall transmit the report of the commission and 
his recommendation to the State Historic Preservation Officer. 
Except as provided in subparagraph (B), after receipt of such report 
and recommendation, or if no such report and recommendation are 
received within sixty days, the State shall make the nomination 
pursuant to section 101(a). The State may expedite such process with 
the concurrence of the certified local government. 
"(B) If both the commission and the chief local elected official 
recommend that a property not be nominated to the National 
Register, the State Historic Preservation Officer shall take no further 
action, unless within thirty days of the receipt of such recommenda-
tion by the State Historic Preservation Officer an appeal is filed with 
the State. If such an appeal is filed, the State shall follow the 
procedures for making a nomination pursuant to section 101(a). Any 
report and recommendations made under this section shall be 
included with any nomination submitted by the State to the 
Secretary. 
"(3) Any local government certified under this section or which is 
making efforts to become so certified shall be eligible for funds under 
the provisions of section 103(c) of this Act, and shall carry out any 
responsibilities delegated to it in accordance with such terms and 
conditions as the Secretary deems necessary or advisable. 
"(d)(1) The Secretary shall administer a program of matching 
grants-in-aid to the States for historic preservation projects, and 
State historic preservation programs, approved by the Secretary and 
having as their purpose the identification of historic properties and 
the preservation of properties included on the National Register. 
"(2) The Secretary shall administer a program of matching grant-
in-aid to the National Trust for Historic Preservation in the United 
States, chartered by Act of Congress approved October 26, 1949 (63 
Stat. 927), for the purposes of carrying out the responsibilities of the 
National Trust. 
"(3)(A) In addition to the programs under paragraphs (1) and (2), 
the Secretary shall administer a program of direct grants for the 
preservation of properties included on the National Register. Funds 
to support such program annually shall not exceed 10 per centum of 
the amount appropriated annually for the fund established under 
section 108. These grants may be made by the Secretary, in consulta-
tion with the appropriate State Historic Preservation Officer— 
"(i) for the preservation of National Historic Landmarks which 
are threatened with demolition or impairment and for the 
preservation of historic properties of World Heritage signifi-
cance, 
PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 2993 
"(ii) for demonstration projects which will provide information 
concerning professional methods and techniques having applica-
tion to historic properties, 
"(iii) for the training and development of 
skilled labor in trades 
and crafts, and in analysis and curation, relating to historic 
preservation; and 
"(iv) to assist persons or small businesses within any historic 
district included in the National Register to remain within the 
district. 
"(B) The Secretary may also, in consultation with the appropriate Grants or loans. 
State Historic Preservation Officer, make grants or loans or both 
under this section to Indian tribes and to nonprofit organizations 
representing ethnic or minority groups for the preservation of their 
cultural heritage. 
"(C) Grants may be made under subparagraph (A) (i) and (iv) only to 
the extent that the project cannot be carried out in as effective a 
manner through the use of an insured loan under section 104. 
"(e) No part of any grant made under this section may be used to 
compensate any person intervening in any proceeding under this Act. 
"(f) In consultation with the Advisory (Council on Historic Preserva-
tion, the Secretary shall promulgate guidelines for Federal agency 
responsibilities under section 110 of this title. 
(g) Within one year after the date of enactment of the National 
Historic Preservation Act Amendments of 1980, the Secretary shall 
establish, in consultation with the Secretaries of Agriculture and 
Defense, the Smithsonian Institution, and the Administrator of the 
General Services Administration, professional standards for the 
preservation of historic properties in Federal ownership or control. 
"(h) The Secretary shall develop and make available to Federal 
agencies, State and local governments, private organizations and 
individuals, and other nations and international organizations pursu-
ant to the World Heritage Convention, training in, and information 
concerning, professional methods and techniques for the preservation 
of historic properties 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.". 
SEC. 202. (a) Section 102(a)(3) of the National Historic Preservation 
Act is amended to read as follows: 
"(3) for more than 50 per centum of the aggregate cost of 
carrying out projects and programs specified in section 101(d) (1) 
and (2) in any one fiscal year, except that for the costs of State or 
local historic surveys or inventories the Secretary shall provide 
70 per centum of the aggregate cost involved in any one fiscal 
year.". 
(b) Section 102(a) of such Act is amended by adding the following at 
the end thereof: "Except as permitted by other law, the State share of 
the costs referred to in paragraph (3) shall be contributed by non-
Federal sources. Notwithstanding any other provision of law, no 
grant made pursuant to this Act shall be treated as taxable Income 
for purposes of 
the Internal Revenue Code of 1954.". 
26 use i 
(c) Subsection (c) of 
section 102 of such Act is repealed. 
Repeal. 
SEC. 203. (a) Subsection (b) of section 103 of tne National Historic Apportionment. 
Preservation Act is amended by inserting after "projects" the words 1
6 use 470c. 
"and programs" and by striking out the second sentence thereof and 
substituting the following: "The Secretary shall notify each State of 
its apportionment under this subsection within thirty days following 
Post, p. 2994. 
Post, p. 2996. 
Ante, p. 2987. 
Historic 
property 
preservation, 
information 
availability. 
16 u s e 470b. 
Ante, p. 2988. 
94 STAT. 2994 
PUBLIC LAW 96-515—DEC. 12, 1980 
16 use 470c. 
Funds, 
distribution 
guidelines. 
Loan insurance. 
16 use 470d. 
Interest rates. 
16 use 470h. 
the date of enactment of legislation appropriating funds under this 
Act.". 
(b) Section 103 of such Act is amended by adding at the end thereof 
the following: 
"(c) A minimum of 10 per centum of the annual apportionment 
distributed by the Secretary to each State for the purposes of carrying 
out this Act shall be transferred by the State, pursuant to the 
requirements of this Act, to local governments which are certified 
under section 101(c) for historic preservation projects or programs of 
such local governments. In any year in which the total annual 
apportionment to the States exceeds $65,000,000, one half of the 
excess shall also be transferred by the States to local governments 
certified pursuant to section 101(c). 
"(d) The Secretary shall establish guidelines for the use and 
distribution of funds under subsection (c) to insure that no local 
government receives a disproportionate share of the funds available, 
and may include a maximum or minimum limitation on the amount 
of funds distributed to any single local government. The guidelines 
shall not limit the ability of any State to distribute more than 10 per 
centum of its annual apportionment under subsection (c), nor shall 
the Secretary require any State to exceed the 10 per centum mini-
mum distribution to local governments.". 
SEC. 204. Section 104 of the National Historic Preservation Act is 
amended to read as follows: 
"SEC. 104. (a) The Secretary shall establish and maintain a program 
by which he may, upon application of a private lender, insure loans 
(including loans made in accordance with a mortgage) made by such 
lender to finance any project for the preservation of a property 
included on the National Register. 
"(b) A loan may be insured under this section only i
f
— 
"(1) the loan is made by a private lender approved by the 
Secretary as financially sound and able to service the loan 
properly; 
"(2) the amount of the loan, and interest rate charged with 
respect to the loan, do not exceed such amount, and such a rate, 
as is established by the Secretary, by rule; 
"(3) the Secretary has consulted the appropriate State Historic 
Preservation Officer concerning the preservation of the historic 
property; 
"(4) tne Secretary has determined that the loan is adequately 
secured and there is reasonable assurance of repayment; 
"(5) the repayment period of the loan does not exceed the lesser 
of forty years or the expected life of the asset financed; 
"(6) the amount insured with respect to such loan does not 
exceed 90 per centum of the loss sustained by the lender with 
respect to the loan; and 
' (7) the loan, the borrower, and the historic property to be 
preserved meet other terms and conditions as may be prescribed 
by the Secretary, by rule, especially terms and conditions relat-
ing to the nature and quality of the preservation work. 
The Secretary shall consult with the Secretary of the Treasury 
regarding the interest rate of loans insured under this section. 
'(c) The aggregate unpaid principal balance of loans insured under 
this section and outstanding at any one time may not exceed the 
amount which has been covered into the Historic Preservation Fund 
pursuant to section 108 and subsections (g) and (i) of this section, as in 
effect on the date of the enactment of this Act but which has not been 
appropriated for any purpose. 
PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 2995 
"(d) Any contract of insurance executed by the Secretary under this 
section may be assignable, shall be an obligation supported by the full 
faith and credit of the United States, and shall be incontestable 
except for fraud or misrepresentation of which the holder had actual 
knowledge at the time it became a holder. 
"(e) The Secretary shall specify, by rule and in each contract 
entered into under this section, the conditions and method of pay-
ment to a private lender as a result of losses incurred by the lender on 
any loan insured under this section. 
"(f) In entering into any contract to insure a loan under this 
section, the Secretary shall take steps to assure 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 property securing a loan 
insured under this title; and 
"(2) operate or lease such property for such period as may be 
necessary to protect the interest of the Federal Government and 
to carry out subsection (g). 
"(g)(1) In any case in which a historic property is obtained pursuant 
to subsection (f), the Secretary shall attempt to convey such property 
to any governmental or nongovernmental entity under such condi-
tions as will ensure the property's continued preservation and use; 
except that if, after a reasonable time, the Secretary, in consultation 
with the Advisory Council on Historic Preservation, determines that 
there is no feasible and prudent means to convey such property and to 
ensure its continued preservation and use, then the Secretary may 
convey the property at the fair market value of its interest in such 
property to any entity without restriction. 
"(2) Any funds obtained by the Secretary in connection with the 
conveyance of any property pursuant to paragraph (1) shall be 
covered into the historic preservation fund, in addition to the 
amounts covered into such fund pursuant to section 108 and subsec-
tion (i) of this section, and shall remain available in such fund until 
appropriated by the Congress to carry out the purposes of this Act. 
"(h) The Secretary maj assess appropriate and reasonable fees in 
connection with insuring loans under this section. Any such fees shall 
be covered into the Historic Preservation Fund, in addition to the 
amounts covered into such fund pursuant to section 108 and subsec-
tion (g) of this section, and shall remain available in such fund until 
appropriated by the Congress to carry out purposes of this Act. 
"(i) Notwithstanding any other provision of law, any loan insured 
under this section shall be treated 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 upon the use of non-Federal funds by the recipient for 
payment of any portion of the costs of such project or activity. 
"(j) Effective after the fiscal year 1981 there are authorized to be 
appropriated, such sums as may be necessary to cover payments 
incurred pursuant to subsection (e). 
"(k) No debt obligation which is made or committed to be made, or 
which is insured or committed to be insured, by the Secretary under 
this section shall be eligible for purchase by, or commitment to 
purchase by, or sale or issuance to, the Federal Financing Bank.". 
SEC. 205. Section 108 of the National Historic Preservation Act is 
amended by inserting after the term "1981" the phrase "and 
$150,000,000 for each of fiscal years 1982 through 1987". 
Insurance 
contract. 
Federal 
financial 
interests, 
protection. 
Property 
conveyance. 
16 u s e 470h. 
Fees. 
Appropriation 
authorization. 
16 u s e 470h. 
94 STAT. 2996 
PUBLIC LAW 96-515—DEC. 12, 1980 
Federal 
agencies, 
responsibilities. 
16 u s e 470h-2. 
Ante, p. 2988. 
Agency-owned 
properties. 
Ante, p. 2988. 
Records, storage. 
Preservation 
officer. 
Post, p. 3000. 
Ante, p. 2988. 
Plans, review 
and approval. 
Preservation 
costs. 
SEC. 206. Title I of the National Historic Preservation Act is 
amended by adding the following new section at the end thereof: 
"SEC. 110. (a)(1) The heads of all Federal agencies shall assume 
responsibility for the preservation of historic properties which are 
owned or controlled by such agency. Prior to acquiring, constructing, 
or leasing buildings for purposes of carrying out agency responsibil-
ities, each Federal agency shall use, to the maximum extent feasible, 
historic properties available to the agency. Each agency shall under-
take, consistent with the preservation of such properties and the 
mission of the agency and the professional standards established 
pursuant to section 101(f), any preservation, as may be necessary to 
carry out this section. 
"(2) With the advice of the Secretary and in cooperation with the 
State historic preservation officer for the State involved, each Fed-
eral agency shall establish a program to locate, inventory, and 
nominate to the Secretary all properties under the agency's owner-
ship or control by the agency, that appear to qualify for inclusion on 
the National Register in accordance with the regulations promul-
gated under section 101(a)(2)(A). Each Federal agency shall exercise 
caution to assure that any such property that might qualify for 
inclusion is not inadvertently transferred, sold, demolished, substan-
tially altered, or allowed to deteriorate significantly. 
"(b) Each Federal agency shall initiate measures to assure that 
where, as a result of Federal action or assistance carried out by such 
agency, an historic property is to be substantially altered or demol-
ished, timely steps are taken to make or have made appropriate 
records, and that such records then be deposited, in accordance with 
section 101(a), in the Library of Congress or with such other appropri-
ate agency as may be designated by the Secretary, for future use and 
reference. 
"(c) The head of each Federal agency shall, unless exempted under 
section 214, designate a qualified official to be known as the agency's 
'preservation officer' who shall be responsible for coordinating that 
agency's activities under this Act. Each Preservation Officer may, in 
order to be considered qualified, satisfactorily complete an appropri-
ate training program established by the Secretary under section 
101(g). 
"(d) Consistent with the agency's missions and mandates, all 
Federal agencies 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 accord-
ance with the purposes of this Act and, give consideration to pro-
grams and projects which will further the purposes of this Act. 
"(e) The Secretary shall review and approve the plans of transfer-
ees of surplus federally owned historic properties not later than 
ninety days after his receipt of such plans to ensure that the 
prehistorical, historical, architectural, or culturally 
significant 
values will be preserved or enhanced. 
"(f) Prior to the approval of any Federal undertaking which 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 such landmark, and shall afford the Advisory 
Council on Historic Preservation a reasonable opportunity to com-
ment on the undertaking. 
"(g) Each Federal agency may include the costs of preservation 
activities of such agency under this Act as eligible project costs in 
all undertakings of such agency or assisted by such agency. The 
PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 2997 
eligible project costs may also include amounts paid by a Federal 
agency to any State to be used in carrying out such preservation 
responsibilities of the Federal agency under this Act, and reasonable 
costs may be charged to Federal licensees and permittees as a 
condition to the issuance of such license or permit. 
"(h) The Secretary shall establish an annual preservation awards 
program under which he 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 govern-
ments in recognition of their outstanding contributions to the preser-
vation of historic resources. Such program may include the issuance 
of annual awards by the President of the United States to any citizen 
of the United States recommended for such award by the Secretary. 
"(i) Nothing in this Act shall be construed to require the prepara-
tion of an environmental impact statement where such a statement 
would not otherwise be required under the National Environmental 
Policy Act of 1969, and nothing in this Act shall be construed to 
provide any exemption from any requirement respecting the prepara-
tion of such a statement under such Act. 
"(j) The Secretary shall promulgate regulations under which the 
requirements of this section may be waived in whole or in part in the 
event of a major natural disaster or an imminent threat to the 
national security.". 
SEC. 207. Title I of the National Historic Preservation Act is 
amended by adding the following at the end thereof: 
"SEC. 111. (a) Notwithstanding any other provision of law, any 
Federal agency may, after consultation with the Advisory Council on 
Historic Preservation, lease an 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 deter-
mines that the lease or exchange will adequately insure the preserva-
tion of the historic property. 
"(b) The proceeds of any lease under subsection (a) may, notwith-
standing any other provision of law, be retained by the agency 
entering into such lease and used to defray the costs of administra-
tion, maintenance, repair, and related expenses incurred by the 
agency with respect to such property or other properties which are on 
the National Register which are owned by, or are under the jurisdic-
tion or control of, such agency. Any surplus proceeds from such leases 
shall be deposited into the Treasury of the United States at the end of 
the second fiscal year following the fiscal year in which such proceeds 
were received. 
"(c) The head of any Federal agency having responsibility for the 
management of any historic property may, after consultation with 
the Advisory Council on Historic Preservation, enter into contracts 
for the management of such property. Any such contract shall 
contain such terms and conditions as the head of such agency deems 
necessary or appropriate to protect the interests of the United States 
and insure adequate preservation of the historic property.". 
SEC. 208. Notwithstanding section 7(a) of the Act of June 27, 1960 
(16 U.S.C. 469c), or any other provision of law to the contrary— 
(1) identification, surveys, and evaluation carried out with 
respect to historic properties within project areas may be treated 
for purposes of any law or rule of law as planning costs of the 
project and not as costs of mitigation; 
(2) reasonable costs for identification, surveys, evaluation, and 
data recovery carried out with respect to historic properties 
within project areas may be charged to Federal licensees and 
Preservation 
awards program. 
42 u s e 4321 
note. 
Regulations. 
Leases. 
16 u s e 470h-3. 
Proceeds. 
Surplus funds. 
eontracts. 
16 u s e 469C-2. 
79-194 O—81—pt. 3 
23 : QL3 
94 STAT. 2998 
PUBLIC LAW 96-515—DEC. 12, 1980 
permittees as a condition to the issuance of such license or 
permit; and 
Waiver. 
(3) Federal agencies, with the concurrence of the Secretary and 
after notification of the Committee on Interior and Insular 
Affairs of the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United 
States Senate, are authorized to waive, in appropriate cases, the 
16 use 469c. 
1 per centum limitation contained in section 7(a) of such Act. 
TITLE III—AMENDMENTS TO TITLE II OF NATIONAL 
HISTORIC PRESERVATION ACT 
SEC. 301. (a) Section 201(a) of the National Historic Preservation 
16 use 470i. 
Act is amended by striking out "twenty-nine" and all that follows and 
substituting: "the following members: 
"(1) a Chairman appointed by the President selected from the 
general public; 
"(2) the Secretary of the Interior; 
"(3) the Architect of the Capitol; 
"(4) the Secretary of Agriculture and the heads of four other 
agencies of the United States (other than the Department of the 
Interior) the activities of which affect historic preservation, 
appointed 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 
Preservation Officers; 
"(8) the Chairman of the National Trust for Historic 
Preservation; 
"(9) four experts in the field of historic preservation appointed 
by the President from the disciplines of architecture, history, 
archeology, and other appropriate disciplines; and 
"(10) three at-large members from the general public, 
appointed by the President.". 
(b) Section 201(b) of such Act is amended by deleting (1) through (17) 
and substituting (2) through (8) (other than (5) and (6))" and by 
inserting the following before the period ", except that, in the case of 
paragraphs (2) and (4), no such officer other than an Assistant 
Secretary or an officer having major department-wide or agency-wide 
responsibilities may be so designated". 
Term of office. 
(c) Section 201(c) of such Act is amended to read as follows: 
"(c) Each member of the Council appointed under paragraph (1), 
and under paragraphs (9) and (10) of subsection (a) shall serve for a 
term of four years from the expiration of his predecessor's term; 
except that the members first appointed under that paragraph shall 
serve for terms of one to four years, as designated by the President at 
the time of appointment, in such manner as to insure that the terms 
of not more than two of them will expire in any one year. The 
members appointed under paragraphs (5) and (6) shall serve for the 
term of their elected office but not in excess of four years. An 
appointed member may not serve more than two terms. An appointed 
member whose term has expired shall serve until that member's 
successor has been appointed.". 
Vacancies. 
(d) Section 201(d) of such Act is amended to read as follows: 
"(d) A vacancy in the Council shall not affect its powers, but shall 
be filled, not later than sixty days after such vacancy commences, in 
the same manner as the original appointment (and for the balance of 
any unexpired terms). The members of the Advisory Council on 
PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 2999 
Historic Preservation appointed by the President under this Act as in 
effect on the day before the enactment of the National Historic 
Preservation Act Amendments of 1980 shall remain in office until all Ante, p. 2987. 
members of the Council, as specified in this section, have been 
appointed. The members first appointed under this section shall be 
appointed not later than one hundred and eighty days after the 
enactment of the National Historic Preservation Act Amendments of 
1980.". 
(e) Section 201(e) of such Act is amended to read as follows: 16 USC 470i. 
"(e) The President shall designate a Vice Chairman, from the 
members appointed under paragraph (5), (6), (9), or (10). The Vice 
Chairman may act in place of the Chairman during the absence or 
disability of the Chairman or when the office is vacant.". 
(f) Section 201(f) of such Act is amended by deleting the word 
"Fifteen" and substituting in lieu thereof the word "Nine". 
(g)(1) Section 202(a) of such Act is amended by striking out "and" 16 USC 470j. 
after the semicolon in paragraph (4), by striking out the period at the 
end of paragraph (5) and inserting in lieu thereof a semicolon, and by 
adding at the end thereof the following new paragraphs: 
"(6) review the policies and programs of Federal agencies and 
recommend to such agencies methods to improve the effective-
ness, coordination, and consistency of those policies and pro-
grams with the policies and programs carried out under this Act; 
and 
"(7) inform and educate Federal agencies. State and local 
governments, Indian tribes, other nations and international 
organizations and private groups and individuals as to the 
Council's authorized activities.", 
(2) Section 202(b) of such Act is amended by inserting the following 
before the period at the end thereof: "and shall provide the Council's 
assessment of current and emerging problems in the field of historic 
preservation and an evaluation of the effectiveness of the programs of 
Federal agencies. State and local governments, and the private sector 
in carrying out the purposes of this Act". 
(h) Section 204 of such Act is amended by striking out the first 16 USC 470Z. 
sentence and so much of the second sentence as precedes the words 
"shall receive" and substituting "The members of the Council speci-
fied in paragraphs (2), (3), and (4) of section 201(a) shall serve without Ante, p. 2998. 
additional compensation. The other members of the Council". 
(i) The third sentence of section 205(b) of such Act is amended 16 USC 470m. 
by inserting after the words "whenever appropriate" the phrase 
", including enforcement of agreements with Federal agencies to 
which the Council is a party". 
(j) Section 205(g) of such Act is amended by (1) inserting after the 
word "duties" in the second sentence "and may also receive dona-
tions of moneys for such purpose, and the Executive Director is 
authorized, in his discretion, to accept, hold, use, expend, and admin-
ister the same for the purposes of this Act"; and (2) striking out "(1) 
through (16)" and substituting "(2) through (4)". 
(k) Section 210 of such Act is amended by striking out the first 16 USC 470r. 
sentence thereof. 
(1) Section 211 of such Act is amended by adding the following at the 16 USC 470s. 
end thereof: "The Council shall, by regulation, establish such proce-
dures as may be necessary to provide for participation by local 
governments in proceedings and other actions taken by the Council 
with respect to undertakings referred to in section 106 which affect 16 USC 470f. 
such local governments.". 
94 STAT. 3000 
PUBLIC LAW 96-515—DEC. 12, 1980 
Report. 
16 u s e 470u. 
Regulations or 
guidelines. 
16 u s e 470v. 
16 u s e 470t. 
16 u s e 470a-l. 
27 UST 37. 
World Heritage 
eommittee 
nominations. 
Notification of 
congressional 
committees. 
16 u s e 470a-2. 
SEC. 302. (a) Title II of the National Historic Preservation Act is 
amended by adding the following new sections at the end thereof: 
"SEC. 213. To assist the Council in discharging its responsibilities 
under this Act, the Secretary at the request of the Chairman, shall 
provide a report to the Council detailing the significance of any 
historic property, describing the effects of any proposed undertaking 
on the affected property, and recommending measures to avoid, 
minimize, or mitigate adverse effects. 
"SEC. 214. The Council, with the concurrence of the Secretary, shall 
promulgate regulations or guidelines, as appropriate, under which 
Federal programs or undertakings may be exempted from any or all 
of the requirements of this Act when such exemption is determined to 
be consistent with the purposes of this Act, taking into consideration 
the magnitude of the exempted undertaking or program and the 
likelihood of impairment of historic properties.". 
(b) Section 212(b) of such Act is amended by striking out "Senate 
Committee on Interior and Insular Affairs" and substituting "Senate 
Committee on Energy and Natural Resources". 
TITLE IV—INTERNATIONAL ACTIVITIES AND WORLD 
HERITAGE CONVENTION 
SEC. 401. (a) The Secretary of the Interior shall direct and coordi-
nate United States participation in the Convention Concerning the 
Protection of the World Cultural and Natural Heritage, approved by 
the Senate on October 26, 1973, in cooperation with the Secretary of 
State, the Smithsonian Institution, and the Advisory Council on 
Historic Preservation. Whenever possible, expenditures incurred in 
carrying out activities in cooperation with other nations and interna-
tional organizations shall be paid for in such excess currency of the 
country or area where the expense is incurred as may be available to 
the United States. 
(b) The Secretary of the Interior shall periodically nominate 
properties he determines are of international significance to the 
World Heritage Committee on behalf of the United States. No 
property may be so nominated unless it has previously been deter-
mined to be of national significance. Each such nomination shall 
include evidence of such legal protections as may be necessary to 
ensure preservation of the property and its environment (including 
restrictive covenants, easements, or other forms of protection). Before 
making any such nomination, the Secretary shall notify the Commit-
tee on Interior and Insular Affairs of the United States House of 
Representatives and the Committee on Energy and Natural 
Resources of the United States Senate. 
(c) No non-Federal property may be nominated by the Secretary of 
the Interior to the World Heritage Committee for inclusion on the 
World Heritage List unless the owner of the property concurs in 
writing to such nomination. 
SEC. 402. Prior to the approval of any Federal undertaking outside 
the United States which may directly and adversely affect a property 
which is on the World Heritage List or on the applicable country's 
equivalent of the National Register, the head of a Federal agency 
having direct or indirect jurisdiction over such undertaking shall 
take into account the effect of the undertaking on such property for 
purposes of avoiding or mitigating any adverse effects. 
PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 3001 
TITLE V—GENERAL, ADMINISTRATIVE, AND 
MISCELLANEOUS PROVISIONS 
SEC. 501. The National Historic Preservation Act is amended by 
adding the following new title at the end thereof: 
"TITLE III 
"SEC. 301. AS used in this Act, the term— 
Definitions. 
"(1) 'Agency' means agency as such term is defined in section ^^ ^^ '^'^^'^• 
551 of title 5, United States Code, except that in the case of any 
Federal program exempted under section 214, the agency admin- Ante, p. 3000. 
istering such program shall not be treated as an agency with 
respect to such program. 
"(2) 'State' means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
Islands, American Samoa, the Commonwealth of the Northern 
Mariana Islands, and the Trust Territories of the Pacific Islands. 
"(3) 'Local government' means a city, county, parish, township, 
municipality, or borough, or any other general purpose political 
subdivision of any State. 
"(4) 'Indian tribe' means the governing body of any Indian 
tribe, band, nation, or other group which is recognized as an 
Indian tribe by the Secretary of the Interior and for which the 
United States holds land in trust or restricted status for that 
entity or its members. Such term also includes any Native village 
corporation, regional corporation, and Native Group established 
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 
1701 et seq.). 
43 USC 1601 
"(5) 'Historic property' or 'historic resource' means any prehis- ^°^-
toric or historic district, site, building, structure, or object 
included in, or eligible for inclusion on the National Register; 
such term includes artifacts, records, and remains which are 
related to such a district, site, building, structure, or object. 
"(6) 'National Register' or 'Register' means the National Regis-
ter of Historic Places established under section 101. 
Ante, p. 2988. 
"(7) 'Undertaking' means any action as described in section 
106. 
16 use 470f. 
"(8) 
'Preservation' 
or 
'historic 
preservation' 
includes 
identification, evaluation, recordation, documentation, curation, 
acquisition, protection, management, rehabilitation, restoration, 
stabilization, maintenance and reconstruction, or any combina-
tion of the foregoing activities. 
"(9) 'Cultural park' means a definable urban area which is 
distinguished by historic resources and land related to such 
resources and which constitutes an interpretive, educational, 
and recreational resource for the public at large. 
"(10) 'Historic conservation district' means an urban area of 
one or more neighborhoods and which contains (A) historic 
properties, (B) buildings having similar or related architectural 
characteristics, (C) cultural cohesiveness, or (D) any combination 
of the foregoing. 
"(11) 'Secretary' means the Secretary of the Interior except 
where otherwise specified. 
"(12) 'State historic preservation review board' means a board, 
council, commission, or other similar collegial body established as 
provided in section 101(b)(lXB)— 
Ante, p. 2988. 
94 STAT. 3002 
PUBLIC LAW 96-515—DEC. 12, 1980 
Membership. 
"(A) the members of which are appointed by the State 
Historic Preservation Officer (unless otherwise provided for 
by State law), 
"(B) a majority of the members of which are professionals 
qualified in the following and related disciplines: history, 
prehistoric and historic archaeology, architectural history, 
and architecture, and 
Authority. 
"(C) which has the authority to— 
"(i) review National Register nominations 
and 
appeals from nominations; 
'(ii) review appropriate documentation submitted in 
conjunction with the Historic Preservation Fund; 
"(iii) provide general advice and guidance to the State 
Historic Preservation Officer, and 
"(iv) perform such other duties as may be appropriate. 
"(13) 'Historic preservation review commission' means a board, 
council, commission, or other similar collegial body which is 
established by State or local legislation as provided in section 
Ante, p. 2988. 
101(c)(1)(B), and the members of which are appointed, unless 
otherwise provided by State or local legislation, by the chief 
elected official of the jurisdiction concerned from among— 
"(A) professionals in the disciplines of architecture, his-
tory, architectural history, planning, archaeology, or related 
disciplines, to the extent such professionals are available in 
the community concerned, and 
"(B) such other persons as have demonstrated special 
interest, experience, or knowledge in history, architecture, 
or related disciplines and as will provide for an adequate and 
qualified commission. 
"SEC. 302. Where appropriate, each Federal agency is authorized to 
expend funds appropriated for its authorized programs for the 
purposes of activities carried out pursuant to this Act, except to the 
extent appropriations legislation expressly provides otherwise. 
"SEC. 303. (a) The Secretary is authorized to accept donations and 
bequests of money and personal property for the purposes of this Act 
and shall hold, use, expend, and administer the same for such 
purposes. 
"(b) The Secretary is authorized to accept gifts or donations of less 
than fee interests in any historic property where the acceptance of 
such interests will facilitate the conservation or preservation of such 
properties. Nothing in this section or in any provision of this Act shall 
be construed to affect or impair any other authority of the Secretary 
under other provision of law to accept or acquire any property for 
conservation or preservation or for any other purpose. 
"SEC. 304. The head of any Federal agency, after consultation with 
the Secretary, shall withhold from disclosure to the public, informa-
tion relating to the location or character of historic resources when-
ever the head of the agency or the Secretary determines that the 
disclosure of such information may create a substantial risk of harm, 
theft, or destruction to such resources or to the area or place where 
such resources are located. 
"SEC. 305. In any civil action brought in any United States district 
court by any interested person to enforce the provisions of this Act, if 
such person substantially prevails in such action, the court may 
award attorneys' fees, expert witness fees, and other costs of partici-
pating in such action, as the court deems reasonable. 
National 
"SEC. 306. (a) In order to provide a national center to commemorate 
Museum ^""J^^e ^j^^j encourage the building arts and to preserve and maintain a 
16 u s e 470W-5. 
Expenditures. 
16 u s e 470W-1. 
Gifts or 
donations. 
16 u s e 470W-2. 
Information 
disclosure. 
16 u s e 470W-3. 
16 u s e 470W-4. 
PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 3003 
nationally significant building which exemplifies the great achieve-
ments of the building arts in the United States, the Secretary and the 
Administrator of the General Services Administration are authorized 
and directed to enter into a cooperative agreement with the Commit-
tee for a National Museum of the Building Arts, Incorporated, a 
nonprofit corporation organized and existing under the laws of the 
District of Columbia, or its successor, for the operation of a National 
Museum for the Building Arts in the Federal Building located in the 
block bounded by Fourth Street, Fifth Street, F Street, and G Street, 
Northwest in Washington, District of Columbia. Such museum 
shall— 
"(1) collect and disseminate information concerning the build-
ing arts, including the establishment of a national reference 
center for current and historic documents, publications, and 
research relating to the building arts; 
"(2) foster educational programs relating to the history, prac-
tice and contribution to society of the building arts, including 
promotion of imaginative educational approaches to enhance 
understanding and appreciation of all facets of the building arts; 
"(3) publicly display temporary and permanent exhibits illus-
trating, interpreting and demonstrating the building arts; 
"(4) sponsor or conduct research and study into the history of 
the building arts and their role in shaping our civilization; and 
"(5) encourage contributions to the building arts. 
"(b) The cooperative agreement referred to in subsection (a) shall 
include provisions which— 
"(1) make the site available to the Committee referred to in 
subsection (a) without charge; 
"(2) provide, subject to available appropriations, such mainte-
nance, security, information, janitorial and other services as may 
be necessary to assure the preservation and operation of the site; 
and 
"(3) prescribe reasonable terms and conditions by which the 
Committee can fulfill its responsibilities under this Act. 
"(c) The Secretary is authorized and directed to provide matching Grants-in-aid. 
grants-in-aid to the Committee referred to in subsection (a) for its 
programs related to historic preservation. The Committee shall 
match such grants-in-aid in a manner and with such funds and 
services as shall be satisfactory to the Secretary, except that no more 
than $500,000 may be provided to the Committee in any one fiscal 
year. 
"(d) The renovation of the site shall be carried out by the Adminis- Renovation, 
trator with the advice of the Secretary. Such renovation shall, as far 
as practicable— 
"(1) be commenced immediately, 
"(2) preserve, enhance, and restore the distinctive and histori-
cally authentic architectural character of the site consistent with 
the needs of a national museum of the building arts and other 
compatible use, and 
"(3) retain the availability of the central court of the building, 
or portions thereof, for appropriate public activities. 
"(e) The Committee shall submit an annual report to the Secretary 
and the Administrator concerning its activities under this section 
and shall provide the Secretary and the Administrator with such 
other information as the Secretary may, from time to time, deem 
necessary or advisable. 
"(f) For purposes of this section, the term 'building arts' includes, "Building arts. 
but shall not be limited to, all practical and scholarly aspects of 
Report 
submittal. 
94 STAT. 3004 
PUBLIC LAW 96-515—DEC. 12, 1980 
Publication in 
Federal 
Register. 
Regulations, 
transmittal to 
congressional 
committees. 
16 u s e 470W-6. 
Final 
regulations. 
Notification of 
congressional 
committees. 
Noneffective 
regulations. 
Report to 
President and 
Congress. 
16 u s e 470a 
note. 
prehistoric, historic, and contemporary architecture, archaeology, 
construction, building technology and skills, landscape architecture, 
preservation and conservation, building and construction, engineer-
ing, urban and community design and renewal, city and regional 
planning, and related professsions, skills, trades, and crafts. 
"SEC. 307. (a) At least thirty days prior to publishing in the Federal 
Register any proposed regulation required by this Act, the Secretary 
shall transmit a copy of the regulation to the Committee on Interior 
and Insular Affairs of the House of Representatives and the Commit-
tee on Energy and Natural Resources of the Senate. The Secretary 
also shall transmit to such committees a copy of any final regulation 
prior to its publication in the Federal Register. Except as provided in 
subsection (b) of this section, no final regulation of the Secretary shall 
become effective prior to the expiration of thirty calendar days after 
it is published in the Federal Register during which either or both 
Houses of Congress are in session. 
"(b) In the case of an emergency, a fmal regulation of the Secretary 
may become effective without regard to the last sentence of subsec-
tion (a) if the Secretary notified in writing the Committee on Interior 
and Insular Affairs of the United States House of Representatives 
and the Committee on Energy and Natural Resources of the United 
States Senate setting forth the reasons why it is necessary to make 
the regulation effective prior to the expiration of the thirty-day 
period. 
"(c) Except as provided in subsection (b), the regulation shall not 
become effective if, within ninety calendar days of continuous session 
of Congress after the date of promulgation, both Houses of Congress 
adopt a concurrent resolution, the matter after the resolving clause of 
which is as follows: 'That Congress disapproves the regulation pro-
mulgated by the Secretary dealing with the matter of 
, which 
regulation was transmitted to Congress on 
,' the blank spaces 
therein being appropriately filled. 
"(d) If at the end of sixty calendar days of continuous session of 
Congress after the date of promulgation of a regulation, no committee 
of either House of Congress has reported or been discharged from 
further consideration of a concurrent resolution disapproving the 
regulation, and neither House has adopted such a resolution, the 
regulation may go into effect immediately. If, within such sixty 
calendar days, such a committee has reported or been discharged 
from further consideration of such a resolution, the regulation may 
go into effect not sooner than ninety calendar days of continuous 
session of Congress after its promulgation unless disapproved as 
provided for. 
"(e) For the purposes of this section— 
"(1) continuity of session is broken only by an adjournment 
sine die; and 
"(2) the days on which either House is not in session because of 
an adjournment of more than three days to a day certain are 
excluded in the computation of sixty and ninety calendar days of 
continuous session of Congress. 
"(f) Congressional inaction on or rejection of a resolution of disap-
proval shall not be deemed an expression of approval of such 
regulation.". 
SEC. 502. The Secretary, in cooperation with the American Folklife 
Center of the Library of Congress shall, within two years after the 
date of the enactment of this Act, submit a report to the President 
and the Congress on preserving and conserving the intangible ele-
ments of our cultural heritage such as arts, skills, folklife, and 
PUBLIC LAW 96-515—DEC. 12, 1980 
94 STAT. 3005 
folkways. The report shall take into account the view of other public 
and private organizations, as appropriate. This report shall include 
recommendations for legislative and administrative actions by the 
Federal Government in order to preserve, conserve, and encourage 
the continuation of the diverse traditional prehistoric, historic, 
ethnic, and folk cultural traditions that underlie and are a living 
expression of our American heritage. 
SEC. 503. The Advisory Council on Historic Preservation, in cooper-
ation with the Secretary and the Secretary of the Treasury, shall 
submit a report to the President and the Congress on Federal tax 
laws relating to historic preservation or affecting in any manner 
historic preservation. Such report shall include recommendations 
respecting amendments to such laws which would further the pur-
poses of this Act. Such report shall be submitted within one year after 
the date of enactment of this Act. 
SEC. 504. The Secretary shall submit a report directly to the 
President and the Congress on or before June 1, 1986, reviewing the 
operation of the Historic Preservation Fund and the national historic 
preservation program since the enactment of this Act and recom-
mending appropriate funding levels, the time period for the reauthor-
ization for appropriations from the fund, and other appropriate 
legislative action to be undertaken upon the expiration of the current 
fund authorization. 
SEC. 505. The Pennsylvania Avenue Development Corporation 
shall review the development plan for those parts of the development 
area which are not under development or committed for development 
as of the date of the enactment of this Act, to identify means by which 
the historic values of such parts of the development area may be 
preserved and enhanced to the maximum extent feasible. The forego-
ing review shall not be limited by the applicable provisions of the 
development plan in effect at the time of the review; nor shall the 
review require any actions by the Corporation during the course of 
the review or during its consideration by the Congress. Within one 
year of the date of this Act the Corporation shall submit to the 
appropriate committees of Congress a report containing the findings 
of the review required under this section, together with the Corpora-
tion's recommendations for any legislative measures or funding 
necessary to carry out the purposes of this section. The report shall 
also include a description of those activities which the Corporation 
proposes to undertake to carry out the purposes of this section and 
the financial implications of carrying out those activities. 
SEC. 506. The Secretary shall undertake a comprehensive study and 
formulate recommendations for a coordinated system of cultural 
parks and historic conservation districts that provide for the preser-
vation, interpretation, development, and use by public and private 
entities of the prehistoric, historic, architectural, cultural, and recre-
ational resources found in definable urban areas throughout the 
Nation. The study shall propose alternatives concerning the manage-
ment and funding of such system by public and private entities and 
by various levels of government. The Secretary shall submit a report 
of his study and recommendations to the President and the Congress 
within two years after the enactment of this Act. 
SEC. 507. The Secretary, in cooperation with the Secretary of the 
Treasury, the Administrator of the United States Fire Administra-
tion, and the Administrator of the Federal Insurance Administration, 
shall submit a report to the President and the Congress on fire in 
historic properties. Such report shall include a review of Federal laws 
to determine any relationship between these laws and arson or fire by 
Report to 
President and 
Congress. 
16 u s e 470j 
note. 
Report to 
President and 
Congress. 
16 u s e 470h 
note. 
Development 
plan, review. 
40 u s e 874 note. 
Report to 
congressional 
committees. 
Study. 
16 u s e 470a 
note. 
Report to 
President and 
Congress. 
Report to 
President and 
Congress. 
16 u s e 470a 
note. 
94 STAT. 3006 
PUBLIC LAW 96-515—DEC. 12, 1980 
"suspicious origin", and to make recommendations respecting 
amendments to such laws should a correlation be found to exist. Such 
report shall include the feasibility and necessity of establishing or 
developing protective measures at the Federal, State, or local level 
for the prevention, detection, and control of arson or fire by "suspi-
cious origin" in historic properties. Such report shall also include 
recommendations regarding the Federal role in assisting the States 
and local governments with protecting historic properties from 
damage by fire. Such report shall be submitted within eighteen 
months after the date of enactment of this Act. 
Approved December 12, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1457 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-943 accompanying S. 3116 (Comm. on Energy and Natural 
RGSOU 
rc6S). 
CONGRESSIONAL RECORD,"Vol. 126 (1980): 
Nov. 17, considered and passed House. 
Nov. 19, considered and passed Senate, in lieu of S. 3116.