TITLE 16 > CHAPTER 1A > SUBCHAPTER II > Part A > § 470
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§ 470. Short title; Congressional finding and declaration of policy
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Part B-Advisory Council on Historic Preservation
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Part C-General and Miscellaneous
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Part D-National Center for Preservation Technology and Training
§ 470. Short title; Congressional finding and declaration of policy
(b) The
Congress finds and declares that-
(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 developments, 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 Government to accelerate its
historic preservation programs and activities, to give maximum
encouragement to agencies and individuals undertaking preservation
by private means, and to 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.
§ 470-1. Declaration of policy of the Federal Government
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 modern society and our prehistoric and
historic resources can exist in productive harmony 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 international community of
nations and in the administration of the national preservation program
in partnership with States, Indian tribes, Native Hawaiians, and local
governments;
(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 encouragement to organizations and
individuals undertaking preservation by private means;
§ 470a. Historic preservation program
(a) National
Register of Historic Places; designation of properties as historic
landmarks; properties deemed included; criteria; nomination of
properties by States, local governments or individuals; regulations;
review of threats to properties
(1)
(A) The
Secretary of the Interior is authorized to expand and maintain a
National Register of Historic Places composed of districts, sites,
buildings, structures, and objects significant in American
history, architecture, archeology, engineering, and culture.
Notwithstanding section 1125
(c)
of title 15,
buildings and structures on or eligible for inclusion on the
National Register of Historic Places (either individually or as
part of a historic district), or designated as an individual
landmark or as a contributing building in a historic district by a
unit of State or local government, may retain the name
historically associated with the building or structure.
(B) Properties
meeting the criteria for National Historic Landmarks established
pursuant to paragraph (2) shall be designated as "National
Historic Landmarks" and included on the National Register,
subject to the requirements of paragraph (6). All historic
properties included on the National Register on December 12, 1980,
shall be deemed to be included on the National Register as of
their initial listing for purposes of this subchapter. All
historic properties listed in the Federal Register of February 6,
1979, as "National Historic Landmarks" 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 subchapter and sections 461
to 467
of this title; 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.
(2) The
Secretary in consultation with national historical and
archaeological associations, shall establish or revise criteria for
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;
(C) considering
appeals from such recommendations, nominations, removals, and
designations (or any failure or refusal by a nominating authority
to nominate or designate);
(3) Subject
to the requirements of paragraph (6), any State which is carrying
out a program approved under subsection (b) of this section, shall
nominate to the Secretary properties which meet the criteria
promulgated under subsection (a) of this section for inclusion on
the National Register. Subject to paragraph (6), and any property
nominated under this paragraph or under section 470h-2
(a)(2)
of this title shall be included on the National Register on the date
forty-five days after receipt by the Secretary of the nomination and
the necessary documentation, unless the Secretary 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 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) of this section. 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 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 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 artifacts, and
associated records, subject to section 470h-2
of this title, the Act of June 27, 1960 (16
U.S.C. 469c)
[16
U.S.C. 469
et seq.], and the Archaeological Resources Protection Act of 1979
(16
U.S.C. 470aa
and following) are deposited in an institution with adequate
long-term curatorial capabilities;
(b) Regulations
for State Historic Preservation Programs; periodic evaluations and
fiscal audits of State programs; administration of State programs;
contracts and cooperative agreements with nonprofit or educational
institutions and State Historic Preservation Officers; treatment of
State programs as approved programs
(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 professionally qualified staff
as may be necessary for such purposes;
(2)
(A) Periodically,
but not less than every 4 years after the approval of any State
program under this subsection, the Secretary, in consultation with
the Council on the appropriate provisions of this subchapter, and
in cooperation with the State Historic Preservation Officer, shall
evaluate the program to determine whether it is consistent with
this subchapter.
(B) If,
at any time, the Secretary determines that a major aspect of a
State program is not consistent with this subchapter, the
Secretary shall disapprove the program and suspend in whole or in
part any contracts or cooperative agreements with the State and
the State Historic Preservation Officer under this subchapter,
until the program is consistent with this subchapter, unless the
Secretary determines that the program will be made consistent with
this subchapter within a reasonable period of time.
(C) The
Secretary, in consultation with State Historic Preservation
Officers, shall establish oversight methods to ensure State
program consistency and quality without imposing undue review
burdens on State Historic Preservation Officers.
(D) At
the discretion of the Secretary, a State system of fiscal audit
and management may be substituted for comparable Federal systems
so long as the State system-
The Secretary may also conduct periodic fiscal audits of State
programs approved under this section as needed and shall ensure
that such programs meet applicable accountability standards.
(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 properties and maintain
inventories of such properties;
(B) identify
and nominate eligible properties to the National Register and
otherwise administer applications for listing historic properties
on the National Register;
(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 in historic preservation;
(H) cooperate
with local governments in the development of local historic
preservation programs and assist local governments in becoming
certified pursuant to subsection (c) of this section;
(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-
(6)
(A) Subject
to subparagraphs (C) and (D), the Secretary may enter into
contracts or cooperative agreements with a State Historic
Preservation Officer for any State authorizing such Officer to
assist the Secretary in carrying out one or more of the following
responsibilities within that State-
Nothing in this paragraph shall be construed to provide that any
State Historic Preservation Officer or any other person other
than the Secretary shall have the authority to maintain the
National Register for properties in any State.
(B) The
Secretary may enter into a contract or cooperative agreement under
subparagraph (A) only if-
(ii) the
Secretary has approved the State historic preservation program
pursuant to subsection (b)(1) and (2) of this section;
(iii) the
State Historic Preservation Officer agrees to carry out the
additional responsibility in a timely and efficient manner
acceptable to the Secretary and the Secretary determines that
such Officer is fully capable of carrying out such
responsibility in such manner;
(c) Certification
of local governments by State Historic Preservation Officer; transfer
of portion of grants; certification by Secretary; nomination of
properties by local governments for inclusion on National Register
(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 subchapter and
provide for the transfer, in accordance with section 470c
(c)
of this title, of a portion of the grants received by the States
under this subchapter, 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 preservation 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) of this section;
(D) provides
for adequate public participation in the local historic
preservation program, including the process of recommending
properties for nomination to the National Register; and
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 commission. The commission, after reasonable
opportunity for public comment, 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 subsection (a) of this section. 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 recommendation 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 subsection (a) of
this section. 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 470c
(c)
of this title, and shall carry out any responsibilities delegated to
it in accordance with such terms and conditions as the Secretary
deems necessary or advisable.
(d) Historic
properties of Indian tribes
(1)
(A) The
Secretary shall establish a program and promulgate regulations to
assist Indian tribes in preserving their particular historic
properties. The Secretary shall foster communication and
cooperation between Indian tribes and State Historic Preservation
Officers in the administration of the national historic
preservation program to ensure that all types of historic
properties and all public interests in such properties are given
due consideration, and to encourage coordination among Indian
tribes, State Historic Preservation Officers, and Federal agencies
in historic preservation planning and in the identification,
evaluation, protection, and interpretation of historic properties.
(B) The
program under subparagraph (A) shall be developed in such a manner
as to ensure that tribal values are taken into account to the
extent feasible. The Secretary may waive or modify requirements of
this section to conform to the cultural setting of tribal heritage
preservation goals and objectives. The tribal programs implemented
by specific tribal organizations may vary in scope, as determined
by each tribe's chief governing authority.
(2) A
tribe may assume all or any part of the functions of a State
Historic Preservation Officer in accordance with subsections (b)(2)
and (b)(3) of this section, with respect to tribal lands, as such
responsibilities may be modified for tribal programs through
regulations issued by the Secretary, if-
(B) the
tribe designates a tribal preservation official to administer the
tribal historic preservation program, through appointment by the
tribe's chief governing authority or as a tribal ordinance may
otherwise provide;
(C) the
tribal preservation official provides the Secretary with a plan
describing how the functions the tribal preservation official
proposes to assume will be carried out;
(D) the
Secretary determines, after consulting with the tribe, the
appropriate State Historic Preservation Officer, the Council (if
the tribe proposes to assume the functions of the State Historic
Preservation Officer with respect to review of undertakings under
section 470f
of this title), and other tribes, if any, whose tribal or
aboriginal lands may be affected by conduct of the tribal
preservation program-
(i) that
the tribal preservation program is fully capable of carrying out
the functions specified in the plan provided under subparagraph
(C);
(ii) that
the plan defines the remaining responsibilities of the Secretary
and the State Historic Preservation Officer; and
(iii) that
the plan provides, with respect to properties neither owned by a
member of the tribe nor held in trust by the Secretary for the
benefit of the tribe, at the request of the owner thereof, the
State Historic Preservation Officer, in addition to the tribal
preservation official, may exercise the historic preservation
responsibilities in accordance with subsections (b)(2) and
(b)(3) of this section; and
(3) In
consultation with interested Indian tribes, other Native American
organizations and affected State Historic Preservation Officers, the
Secretary shall establish and implement procedures for carrying out
section 470c
(a)
of this title with respect to tribal programs that assume
responsibilities under paragraph (2).
(4) At
the request of a tribe whose preservation program has been approved
to assume functions and responsibilities pursuant to paragraph (2),
the Secretary shall enter into contracts or cooperative agreements
with such tribe permitting the assumption by the tribe of any part
of the responsibilities referred to in subsection (b)(6) of this
section on tribal land, if-
(A) the
Secretary and the tribe agree on additional financial assistance,
if any, to the tribe for the costs of carrying out such
authorities;
(B) the
Secretary finds that the tribal historic preservation program has
been demonstrated to be sufficient to carry out the contract or
cooperative agreement and this subchapter; and
(C) the
contract or cooperative agreement specifies the continuing
responsibilities of the Secretary or of the appropriate State
Historic Preservation Officers and provides for appropriate
participation by-
(5) The
Council may enter into an agreement with an Indian tribe to permit
undertakings on tribal land to be reviewed under tribal historic
preservation regulations in place of review under regulations
promulgated by the Council to govern compliance with section 470f
of this title, if the Council, after consultation with the tribe and
appropriate State Historic Preservation Officers, determines that
the tribal preservation regulations will afford historic properties
consideration equivalent to those afforded by the Council's
regulations.
(6)
(A) Properties
of traditional religious and cultural importance to an Indian
tribe or Native Hawaiian organization may be determined to be
eligible for inclusion on the National Register.
(B) In
carrying out its responsibilities under section 470f
of this title, a Federal agency shall consult with any Indian
tribe or Native Hawaiian organization that attaches religious and
cultural significance to properties described in subparagraph (A).
(C) In
carrying out his or her responsibilities under subsection (b)(3)
of this section, the State Historic Preservation Officer for the
State of Hawaii shall-
(i) consult
with Native Hawaiian organizations in assessing the cultural
significance of any property in determining whether to nominate
such property to the National Register;
(ii) consult
with Native Hawaiian organizations in developing the cultural
component of a preservation program or plan for such property;
and
(iii) enter
into a memorandum of understanding or agreement with Native
Hawaiian organizations for the assessment of the cultural
significance of a property in determining whether to nominate
such property to the National Register and to carry out the
cultural component of such preservation program or plan.
(e) Matching
grants to States; grants to National Trust for Historic Preservation
in the United States; program of direct grants for preservation of
properties included on National Register; grants or loans to Indian
tribes and ethnic or minority groups for preservation of cultural
heritage; grants for religious properties; direct grants to Indian
tribes, Native Hawaiian organizations, and Micronesian States
(1) The
Secretary shall administer a program of matching grants to the
States for the purposes of carrying out this subchapter.
(2) The
Secretary may administer grants to the National Trust for Historic
Preservation in the United States, chartered by sections 468
to 468d
of this title consistent with the purposes of its charter and this
subchapter.
(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 470h
of this title. These grants may be made by the Secretary, in
consultation 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
significance,
(ii) for
demonstration projects which will provide information concerning
professional methods and techniques having application to
historic properties,
(B) The
Secretary may also, in consultation with the appropriate 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 470d
of this title.
(4) Grants
may be made under this subsection for the preservation,
stabilization, restoration, or rehabilitation of religious
properties listed in the National Register of Historic Places,
provided that the purpose of the grant is secular, does not promote
religion, and seeks to protect those qualities that are historically
significant. Nothing in this paragraph shall be construed to
authorize the use of any funds made available under this section for
the acquisition of any property referred to in the preceding
sentence.
(5) The
Secretary shall administer a program of direct grants to Indian
tribes and Native Hawaiian organizations for the purpose of carrying
out this subchapter as it pertains to Indian tribes and Native
Hawaiian organizations. Matching fund requirements may be modified.
Federal funds available to a tribe or Native Hawaiian organization
may be used as matching funds for the purposes of the tribe's or
organization's conducting its responsibilities pursuant to this
section.
(6)
(A) As
part of the program of matching grant assistance from the Historic
Preservation Fund to States, the Secretary shall administer a
program of direct grants to the Federated States of Micronesia,
the Republic of the Marshall Islands, the Trust Territory of the
Pacific Islands, and upon termination of the Trusteeship Agreement
for the Trust Territory of the Pacific Islands, the Republic of
Palau (referred to as the Micronesian States) in furtherance of
the Compact of Free Association between the United States and the
Federated States of Micronesia and the Marshall Islands, approved
by the Compact of Free Association Act of 1985 [48
U.S.C. 1901
et seq., 2001
et seq.], the Trusteeship Agreement for the Trust Territory of the
Pacific Islands, and the Compact of Free Association between the
United States and Palau, approved by the Joint Resolution entitled
"Joint Resolution to approve the 'Compact of Free
Association' between the United States and Government of Palau,
and for other purposes" [48
U.S.C. 1931
et seq.]. The goal of the program shall be to establish historic
and cultural preservation programs that meet the unique needs of
each Micronesian State so that at the termination of the compacts
the programs shall be firmly established. The Secretary may waive
or modify the requirements of this section to conform to the
cultural setting of those nations.
(f) Prohibition
of use of funds for compensation of intervenors in preservation
program
No part of any grant made under this section may be used to
compensate any person intervening in any proceeding under this
subchapter.
(g) Guidelines
for Federal agency responsibility for agency-owned historic properties
In consultation with the Advisory Council on Historic Preservation,
the Secretary shall promulgate guidelines for Federal agency
responsibilities under section 470h-2
of this title.
(h) Professional
standards for preservation of federally owned or controlled historic
properties
Within one year after December 12, 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.
(i) Dissemination
of information concerning professional methods and techniques for
preservation of historic properties
The Secretary shall develop and make available to Federal agencies,
State and local governments, private organizations and individuals,
and other nations and international organizations pursuant 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.
(j) Preservation
education and training program
(1) The
Secretary shall, in consultation with the Council and other
appropriate Federal, tribal, Native Hawaiian, and non-Federal
organizations, develop and implement a comprehensive preservation
education and training program.
(2) The
education and training program described in paragraph (1) shall
include-
(A) new
standards and increased preservation training opportunities for
Federal workers involved in preservation-related functions;
(B) increased
preservation training opportunities for other Federal, State,
tribal and local government workers, and students;
(C) technical
or financial assistance, or both, to historically black colleges
and universities, to tribal colleges, and to colleges with a high
enrollment of Native Americans or Native Hawaiians, to establish
preservation training and degree programs; and
§ 470a-1. World Heritage Convention
(a) United
States participation
The Secretary of the Interior shall direct and coordinate 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 international
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) Nomination
of property to World Heritage Committee
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 determined 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 Committee on
Natural Resources of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States
Senate.
§ 470a-2. Federal undertakings outside United States; mitigation of adverse effects
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.
§ 470b. Requirements for awarding of grant funds
(a) Grant
applications; amounts; reports; conditions
No grant may be made under this subchapter-
(1) unless
application therefor is submitted to the Secretary in accordance
with regulations and procedures prescribed by him;
(2) unless
the application is in accordance with the comprehensive statewide
historic preservation plan which has been approved by the Secretary
after considering its relationship to the comprehensive statewide
outdoor recreation plan prepared pursuant to the Land and Water
Conservation Fund Act of 1965 (78
Stat. 897) [16
U.S.C. 460l-4
of this title];
(3) for
more than 60 percent of the aggregate costs of carrying out projects
and programs under the administrative control of the State Historic
Preservation Officer as specified in section 470a
(b)(3)
of this title in any one fiscal year;
(4) unless
the grantee has agreed to make such reports, in such form and
containing such information as the Secretary may from time to time
require;
(5) unless
the grantee has agreed to assume, after completion of the project,
the total cost of the continued maintenance, repair, and
administration of the property in a manner satisfactory to the
Secretary; and
(6) until
the grantee has complied with such further terms and conditions as
the Secretary may deem necessary or advisable.
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 subchapter shall be treated as taxable income for
purposes of title 26.
(b) Waiver
The Secretary may in his discretion waive the requirements of
subsection (a), paragraphs (2) and (5) of this section for any grant
under this subchapter to the National Trust for Historic
Preservation in the United States.
(d) 1
Remaining cost of project
No State shall be permitted to utilize the value of real property
obtained before October 15, 1966, in meeting the remaining cost of a
project for which a grant is made under this subchapter.
(d) 1
Availability
The Secretary shall make funding available to individual States and
the National Trust for Historic Preservation as soon as practicable
after execution of a grant agreement. For purposes of
administration, grants to individual States and the National Trust
each shall be considered to be one grant and shall be administered
by the National Park Service as such.
§ 470b-1. Grants to National Trust for Historic Preservation
(a) Authority
of Secretary of Housing and Urban Development; renovation or
restoration costs; terms and conditions; amounts
The Secretary of Housing and Urban Development is authorized to make
grants to the National Trust for Historic Preservation, on such
terms and conditions and in such amounts (not exceeding $90,000 with
respect to any one structure) as he deems appropriate, to cover the
costs incurred by such Trust in renovating or restoring structures
which it considers to be of historic or architectural value and
which it has accepted and will maintain (after such renovation or
restoration) for historic purposes.
§ 470c. Apportionment of grant funds
(a) Basis
for apportionment
The amounts appropriated and made available for grants to the States
for the purposes of this subchapter shall be apportioned among the
States by the Secretary on the basis of needs as determined by him.
(b) Basis;
notification to State; reapportionment
The amounts appropriated and made available for grants to the States
for projects and programs under this subchapter for each fiscal year
shall be apportioned among the States as the Secretary determines to
be appropriate.
The Secretary shall notify each State of its apportionment under
this subsection within thirty days following the date of enactment
of legislation appropriating funds under this subchapter. Any amount
of any apportionment that has not been paid or obligated by the
Secretary during the fiscal year in which such notification is
given, and for two fiscal years thereafter, shall be reapportioned
by the Secretary in accordance with this subsection. The Secretary
shall analyze and revise as necessary the method of apportionment.
Such method and any revision thereof shall be published by the
Secretary in the Federal Register.
(c) Transfer
of funds to local governments
A minimum of 10 per centum of the annual apportionment distributed
by the Secretary to each State for the purposes of carrying out this
subchapter shall be transferred by the State, pursuant to the
requirements of this subchapter, to local governments which are
certified under section 470a
(c)
of this title 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 470a
(c)
of this title.
(d) Guidelines
for use and distribution of funds to local governments
The Secretary shall establish guidelines for the use and
distribution of funds under subsection (c) of this section 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) of this section, nor shall the Secretary require any State to
exceed the 10 per centum minimum distribution to local governments.
§ 470d. Loan insurance program for preservation of property included on National Register
(a) Establishment
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) Loan
qualifications
A loan may be insured under this section only if-
(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) the
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 relating 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) Limitation
on amount of unpaid principal balance of loans
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 470h
of this title and subsections (g) and (i) of this section, as in
effect on December 12, 1980, but which has not been appropriated for
any purpose.
(d) Assignability
of insurance contracts; contract as obligation of United States;
contestability
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) Conditions
and methods of payment as result of loss
The Secretary shall specify, by rule and in each contract entered
into under 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.
(f) Protection
of financial interests of Federal Government
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-
(g) Conveyance
to governmental or nongovernmental entity of property acquired by
foreclosure
(1) In
any case in which a historic property is obtained pursuant to
subsection (f) of this section, the Secretary shall attempt to
convey such property to any governmental or nongovernmental entity
under such conditions 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 470h
of this title and subsection (i) of this section, and shall remain
available in such fund until appropriated by the Congress to carry
out the purposes of this subchapter.
(h) Assessment
of fees in connection with loans
The Secretary may 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 470h
of this title and subsection (g) of this section, and shall remain
available in such fund until appropriated by the Congress to carry
out purposes of this subchapter.
(i) Treatment
of loans as non-Federal funds
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) Authorization
of appropriations for payment of losses
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) of this section.
(k) Eligibility
of debt obligation for purchase, etc., by Federal Financing Bank
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.
§ 470e. Recordkeeping; recipients of assistance; audit
The beneficiary of assistance under this subchapter shall keep such
records as the Secretary shall prescribe, including records which
fully disclose the disposition by the beneficiary of the proceeds of
such assistance, the total cost of the project or undertaking in
connection with which such assistance is given or used, and the amount
and nature of that portion of the cost of the project or undertaking
supplied by other sources, and such other records as will facilitate
an effective audit.
§ 470f. Effect of Federal undertakings upon property listed in National Register; comment by Advisory Council on Historic Preservation
The head of any Federal agency having direct or indirect jurisdiction
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 shall, prior to the approval of
the expenditure of any Federal funds on the undertaking or prior to
the issuance of any license, as the case may be, take into account the
effect of the undertaking on any district, site, building, structure,
or object that is included in or eligible for inclusion in the
National Register. The head of any such Federal agency shall afford
the Advisory Council on Historic Preservation established under part B
of this subchapter a reasonable opportunity to comment with regard to
such undertaking.
§ 470g. White House, United States Supreme Court building, and United States Capitol not included in program for preservation of historical properties
Nothing in this subchapter shall be construed to be applicable to the
White House and its grounds, the Supreme Court building and its
grounds, or the United States Capitol and its related buildings and
grounds.
§ 470h. Historic Preservation Fund; establishment; appropriations; source of revenue
To carry out the provisions of this subchapter, there is hereby
established the Historic Preservation Fund (hereafter referred to as
the "fund") in the Treasury of the United States. There shall be
covered into such fund $24,400,000 for fiscal year 1977, $100,000,000
for fiscal year 1978, $100,000,000 for fiscal year 1979, $150,000,000
for fiscal year 1980, and $150,000,000 for fiscal year 1981, and
$150,000,000 for each of fiscal years 1982 through 2005, from revenues
due and payable to the United States under the Outer Continental Shelf
Lands Act (67
Stat. 462, 469), as amended (43
U.S.C. 1338),
and/or under section 7433
(b)
of title 10,
notwithstanding any provision of law that such proceeds shall be
credited to miscellaneous receipts of the Treasury. Such moneys shall
be used only to carry out the purposes of this subchapter and shall be
available for expenditure only when appropriated by the Congress. Any
moneys not appropriated shall remain available in the fund until
appropriated for said purposes: Provided, That appropriations made
pursuant to this paragraph may be made without fiscal year limitation.
§ 470h-1. Acceptance of privately donated funds by Secretary
(a) Authorization;
use of funds
In furtherance of the purposes of this subchapter, the Secretary may
accept the donation of funds which may be expended by him for
projects to acquire, restore, preserve, or recover data from any
district, building, structure, site, or object which is listed on
the National Register of Historic Places established pursuant to
section 470a
of this title, so long as the project is owned by a State, any unit
of local government, or any nonprofit entity.
(b) Consideration
of factors respecting expenditure of funds
In expending said funds, the Secretary shall give due consideration
to the following factors: the national significance of the project;
its historical value to the community; the imminence of its
destruction or loss; and the expressed intentions of the donor.
Funds expended under this subsection shall be made available without
regard to the matching requirements established by section 470b
of this title but the recipient of such funds shall be permitted to
utilize them to match any grants from the Historic Preservation Fund
established by section 470h
of this title.
(c) Transfer
of unobligated funds
The Secretary is hereby authorized to transfer unobligated funds
previously donated to the Secretary for the purposes of the National
Park Service, with the consent of the donor, and any funds so
transferred shall be used or expended in accordance with the
provisions of this subchapter.
§ 470h-2. Historic properties owned or controlled by Federal agencies
(a) Responsibilities
of Federal agencies; program for identification, evaluation,
nomination, and protection
(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 responsibilities, each Federal
agency shall use, to the maximum extent feasible, historic
properties available to the agency, in accordance with Executive
Order No. 13006, issued May 21, 1996 (61 Fed. Reg. 26071). Each
agency shall undertake, consistent with the preservation of such
properties and the mission of the agency and the professional
standards established pursuant to section 470a
(g)
of this title, any preservation, as may be necessary to carry out
this section.
(2) Each
Federal agency shall establish (unless exempted pursuant to section 470v
of this title), in consultation with the Secretary, a preservation
program for the identification, evaluation, and nomination to the
National Register of Historic Places, and protection of historic
properties. Such program shall ensure-
(A) that
historic properties under the jurisdiction or control of the
agency, are identified, evaluated, and nominated to the National
Register;
(B) that
such properties under the jurisdiction or control of the agency as
are listed in or may be eligible for the National Register are
managed and maintained in a way that considers the preservation of
their historic, archaeological, architectural, and cultural values
in compliance with section 470f
of this title and gives special consideration to the preservation
of such values in the case of properties designated as having
National significance;
(C) that
the preservation of properties not under the jurisdiction or
control of the agency, but subject to be potentially affected by
agency actions are given full consideration in planning;
(D) that
the agency's preservation-related activities are carried out in
consultation with other Federal, State, and local agencies, Indian
tribes, Native Hawaiian organizations carrying out historic
preservation planning activities, and with the private sector; and
(E) that
the agency's procedures for compliance with section 470f
of this title-
(ii) provide
a process for the identification and evaluation of historic
properties for listing in the National Register and the
development and implementation of agreements, in consultation
with State Historic Preservation Officers, local governments,
Indian tribes, Native Hawaiian organizations, and the interested
public, as appropriate, regarding the means by which adverse
effects on such properties will be considered; and
(b) Records
on historic properties to be altered or demolished; deposit in Library
of Congress or other appropriate agency
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 demolished,
timely steps are taken to make or have made appropriate records, and
that such records then be deposited, in accordance with section 470a
(a)
of this title, in the Library of Congress or with such other
appropriate agency as may be designated by the Secretary, for future
use and reference.
(c) Agency
Preservation Officer; responsibilities; qualifications
The head of each Federal agency shall, unless exempted under section
470v
of this title, 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 subchapter. Each
Preservation Officer may, in order to be considered qualified,
satisfactorily complete an appropriate training program established
by the Secretary under section 470a
(h)
of this title.
(d) Agency
programs and projects
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 accordance with
the purposes of this subchapter and, give consideration to programs
and projects which will further the purposes of this subchapter.
(e) Review
of plans of transferees of surplus federally owned historic properties
The Secretary shall review and approve the plans of transferees 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) Planning
and actions to minimize harm to National Historic Landmarks
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 comment on the
undertaking.
(g) Costs
of preservation as eligible project costs
Each Federal agency may include the costs of preservation activities
of such agency under this subchapter as eligible project costs in
all undertakings of such agency or assisted by such agency. The
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 subchapter, and
reasonable costs may be charged to Federal licensees and permittees
as a condition to the issuance of such license or permit.
(h) Annual
preservation awards program
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 governments in
recognition of their outstanding contributions to the preservation
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) Environmental
impact statement
Nothing in this subchapter shall be construed to require the
preparation of an environmental impact statement where such a
statement would not otherwise be required under the National
Environmental Policy Act of 1969 [42
U.S.C. 4321
et seq.], and nothing in this subchapter shall be construed to
provide any exemption from any requirement respecting the
preparation of such a statement under such Act.
(j) 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 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.
(k) Assistance
for adversely affected historic property
Each Federal agency shall ensure that the agency will not grant a
loan, loan guarantee, permit, license, or other assistance to an
applicant who, with intent to avoid the requirements of section 470f
of this title, has intentionally significantly adversely affected a
historic property to which the grant would relate, or having legal
power to prevent it, allowed such significant adverse effect to
occur, unless the agency, after consultation with the Council,
determines that circumstances justify granting such assistance
despite the adverse effect created or permitted by the applicant.
(l) Documentation
of decisions respecting undertakings
With respect to any undertaking subject to section 470f
of this title which adversely affects any property included in or
eligible for inclusion in the National Register, and for which a
Federal agency has not entered into an agreement pursuant to
regulations issued by the Council, the head of such agency shall
document any decision made pursuant to section 470f
of this title. The head of such agency may not delegate his or her
responsibilities pursuant to such section. Where a section 106
[16
U.S.C. 470f]
memorandum of agreement has been executed with respect to an
undertaking, such memorandum shall govern the undertaking and all of
its parts.
§ 470h-3. Lease or exchange of historic property
(a) Authorization;
consultation with Council
Notwithstanding any other provision of law, any Federal agency after
consultation with the Council, shall, to the extent practicable,
establish and implement alternatives for historic properties,
including adaptive use, that are not needed for current or projected
agency purposes, and may 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
determines that the lease or exchange will adequately insure the
preservation of the historic property.
(b) Proceeds
of lease for administration, etc., of property; deposit of surplus
proceeds into Treasury
The proceeds of any lease under subsection (a) of this section may,
notwithstanding any other provision of law, be retained by the
agency entering into such lease and used to defray the costs of
administration, 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 jurisdiction 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) 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
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.
§ 470h-4. Professional standards
(a) In
general
Each Federal agency that is responsible for the protection of
historic resources, including archaeological resources pursuant to
this subchapter or any other law shall ensure each of the
following-
(1)
(A) All
actions taken by employees or contractors of such agency shall
meet professional standards under regulations developed by the
Secretary in consultation with the Council, other affected
agencies, and the appropriate professional societies of the
disciplines involved, specifically archaeology, architecture,
conservation, history, landscape architecture, and planning.
(B) Agency
personnel or contractors responsible for historic resources shall
meet qualification standards established by the Office of
Personnel Management in consultation with the Secretary and
appropriate professional societies of the disciplines involved.
The Office of Personnel Management shall revise qualification
standards within 2 years after October 30, 1992, for the
disciplines involved, specifically archaeology, architecture,
conservation, curation, history, landscape architecture, and
planning. Such standards shall consider the particular skills and
expertise needed for the preservation of historic resources and
shall be equivalent requirements for the disciplines involved.
(b) Guidelines
In order to promote the preservation of historic resources on
properties eligible for listing in the National Register, the
Secretary shall, in consultation with the Council, promulgate
guidelines to ensure that Federal, State, and tribal historic
preservation programs subject to this subchapter include plans to-
(1) provide
information to the owners of properties containing historic
(including architectural, curatorial, and archaeological) resources
with demonstrated or likely research significance, about the need
for protection of such resources, and the available means of
protection;
(2) encourage
owners to preserve such resources intact and in place and offer the
owners of such resources information on the tax and grant assistance
available for the donation of the resources or of a preservation
easement of the resources;
(3) encourage
the protection of Native American cultural items (within the meaning
of section 3001
(3)
and (9) of title 25)
and of properties of religious or cultural importance to Indian
tribes, Native Hawaiians, or other Native American groups; and
§ 470h-5. Interstate and international traffic in antiquities
(a) Study
In order to help control illegal interstate and international
traffic in antiquities, including archaeological, curatorial, and
architectural objects, and historical documents of all kinds, the
Secretary shall study and report on the suitability and feasibility
of alternatives for controlling illegal interstate and international
traffic in antiquities.
(b) Consultation
In conducting the study described in subsection (a) of this section
the Secretary shall consult with the Council and other Federal
agencies that conduct, cause to be conducted, or permit
archaeological surveys or excavations or that have responsibilities
for other kinds of antiquities and with State Historic Preservation
Officers, archaeological, architectural, historical, conservation,
and curatorial organizations, Indian tribes, Native Hawaiian
organizations, and other Native American organizations,
international organizations and other interested persons.
(c) Report
Not later than 18 months after October 30, 1992, the Secretary shall
submit to Congress a report detailing the Secretary's findings and
recommendations from the study described in subsection (a) of this
section.
(d) Authorization
There are authorized to be appropriated not more than $500,000 for
the study described in subsection (a) of this section, such sums to
remain available until expended.
See also http://www.achp.gov/NHPA.pdf and