Public Law 96-515

by the 96th Congress of the United States

96^TH UNITED STATES CONGRESS
2^ND SESSION

An Act
To amend the National Historic Preservation Act of 1966, and for other purposes.

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Public Law 96-515
96th Congress

Dec. 12, 1980

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[H.R. 5496]

An Act

To amend the National Historic Preservation Act of 1966, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, National Historic Preservation Act Amendments of 1980.
16 USC 470 note.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.Short title.
16 USC 470. (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 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.

“Sec. 2.16 USC 470-1. 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;

“(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;

“(5) encourage the public and private preservation and utilization of all usable elements of the Nation’s historic built environment; 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.National Register of Historic Places, expansion and maintenance.
16 USC 470a. (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 composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture.

“(B)National Historic Landmarks. 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). Publication in Federal Register. Submittal to congressional committees.
Ante, p. 2987.All historic properties 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 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 Act and the Act of August 21, 1935 (49 Stat. 666)16 USC 450m, 450n.; 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)Criteria and regulations. 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;

“(B) designating properties as National Historic Landmarks and removing such designation;

“(C) considering appeals from such recommendations, nominations, 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)Properties, nomination. 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 promulgated under subsection (a) for inclusion on the National Register. Subject to paragraph (6), any property nominated under this paragraph or under section 110(a)(2)Post, p. 2996. 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)Determinations. 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). 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)Appeals. 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)Regulations. Owner concurrence or objections. 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. Review.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)Regulations. The Secretary shall promulgate, or revise, regulations—

“(A) ensuring that significant prehistoric and historic artifacts, and associated records, subject to section 110 of this Act,Post, p. 2996. 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 curatorial capabilities;

“(B) establishing a uniform process and standards for documenting historic properties by public agencies and private parties 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 subsection (c)(1) and for the allocation of funds pursuant to section 103(c) of this Act.Post, p. 2994.

“(b)(1)State Historic Preservation Programs, regulations. 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;

“(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 recommending properties for nomination to the National Register.

“(2)Evaluation. 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. Audits.The Secretary may also conduct periodic fiscal audits of State programs approved under this section.

“(3)State Historic Preservation Officer, responsibilities. 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;

“(C) prepare and implement a comprehensive statewide historic 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 governments 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.Ante, p. 2987.

“(c)(1)Certification. 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),Post, p. 2994. of a portion of the grants received by the States under this Act, to such local governments. Requirements.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);

“(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

“(E) satisfactorily performs the responsibilities delegated to it under this Act.

Grants-in-aid.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)Notification. 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. Report.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 section 101(a).Ante, p. 2988. The State may expedite such process with the concurrence of the certified local government.

“(B)Unrecommended nominations. 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. Appeals.If such an appeal is filed, the State shall follow the procedures for making a nomination pursuant to section 101(a).Ante, p. 2988. 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,Post, p. 2994. 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)Grants-in-aid. 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),16 USC 468–468e. for the purposes of carrying out the responsibilities of the National Trust.

“(3)(A)Direct grants. 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 108.16 USC 470h. 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,

“(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)Grants or loans. 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 104.Post, p. 2994.

“(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 Preservation, the Secretary shall promulgate guidelines for Federal agency responsibilities under section 110 of this title.Post, p. 2996.

“(g) Within one year after the date of enactment of the National Historic Preservation Act Amendments of 1980,Ante, p. 2987. 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)Historic property preservation, information availability. 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.”.

Sec. 202. (a) Section 102(a)(3) of the National Historic Preservation Act16 USC 470b. 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)Ante, p. 2988. 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 USC 1.”.

(c)Repeal. Subsection (c) of section 102 of such Act is repealed.

Sec. 203.Apportionment.
16 USC 470c. (a) Subsection (b) of section 103 of the National Historic Preservation Act is amended by inserting after “projects” the words “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 the date of enactment of legislation appropriating funds under this Act.”.

(b) Section 103 of such Act16 USC 470c. 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)Funds, distribution guidelines. 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 minimum distribution to local governments.”.

Sec. 204.Loan insurance.
16 USC 470d. 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 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.

Interest rates.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,16 USC 470h. as in effect on the date of the enactment of this Act but which has not been appropriated for any purpose.

“(d)Insurance contract. 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 payment to a private lender as a result of losses incurred by the lender on any loan insured under this section.

“(f)Federal financial interests, protection. 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)Property conveyance. 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 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 10816 USC 470h. 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 Act.

“(h)Fees. 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 108 and subsection (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)Appropriation authorization. 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 Act16 USC 470h. is amended by inserting after the term “1981” the phrase “and $150,000,000 for each of fiscal years 1982 through 1987”.

Sec. 206. Title I of the National Historic Preservation Act is amended by adding the following new section at the end thereof:

“Sec. 110.Federal agencies, responsibilities.
16 YSC 470h-2. (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 responsibilities, each Federal agency shall use, to the maximum extent feasible, historic properties available to the agency. 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 101(f),Ante, p. 2988. any preservation, as may be necessary to carry out this section.

“(2)Agency-owned properties. With the advice of the Secretary and in cooperation with the State historic preservation officer for the State involved, each Federal agency shall establish a program to locate, inventory, and nominate to the Secretary all properties under the agency’s ownership or control by the agency, that appear to qualify for inclusion on the National Register in accordance with the regulations promulgated under section 101(a)(2)(A).Ante, p. 2988. Each Federal agency shall exercise caution to assure that any such property that might qualify for inclusion is not inadvertently transferred, sold, demolished, substantially altered, or allowed to deteriorate significantly.

“(b)Records, storage. 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 101(a), in the Library of Congress or with such other appropriate agency as may be designated by the Secretary, for future use and reference.

“(c)Preservation officer.
Post, p. 3000. 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 appropriate training program established by the Secretary under section 101(g).Ante, p. 2988.

“(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 accordance with the purposes of this Act and give consideration to programs and projects which will further the purposes of this Act.

“(e)Plans, review and approval. 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) 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)Preservation costs. 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 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)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) Nothing in this Act 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 USC 4321 note. and nothing in this Act shall be construed to provide any exemption from any requirement respecting the preparation of such a statement under such Act.

“(j)Regulations. 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.Leases.
16 USC 470h-3. (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 determines that the lease or exchange will adequately insure the preservation of the historic property.

“(b)Proceeds. The proceeds of any lease under subsection (a) 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. Surplus funds.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. 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)16 USC 469c-2. 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 permittees as a condition to the issuance of such license or permit; and

(3)Waiver. 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 1 per centum limitation contained in section 7(a) of such Act.16 USC 469c.

TITLE III—AMENDMENTS TO TITLE II OF NATIONAL HISTORIC PRESERVATION ACT

Sec. 301. (a) Section 201(a) of the National Historic Preservation Act16 USC 470i. 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”.

(c)Term of office. 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.”.

(d)Vacancies. 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 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 1980Ante, p. 2987. shall remain in office until all 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 Act16 USC 470i. is amended to read as follows:

“(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 Act16 USC 470j. is amended by striking out “and” 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 effectiveness, coordination, and consistency of those policies and programs 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 Act16 USC 470l. is amended by striking out the first sentence and so much of the second sentence as precedes the words “shall receive” and substituting “The members of the Council specified in paragraphs (2), (3), and (4) of section 201(a)Ante, p. 1998. shall serve without additional compensation. The other members of the Council”.

(i) The third sentence of section 205(b) of such Act16 USC 470m. is amended 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 donations of moneys for such purpose, and the Executive Director is authorized, in his discretion, to accept, hold, use, expend, and administer 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 Act16 USC 470r. is amended by striking out the first sentence thereof.

(l) Section 211 of such Act16 USC 470s. is amended by adding the following at the end thereof: “The Council shall, by regulation, establish such procedures 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 10616 USC 470f. which affect such local governments.”.

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.Report.
16 USC 470u. 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.Regulations or guidelines.
16 USC 470v. 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)16 USC 470t. 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. 401.16 USC 470a-1. (a) 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,27 UST 37. 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)World Heritage Committee nominations. 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). Notification of congressional committees.Before making any such nomination, the Secretary shall notify 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.

(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. 402.16 USC 470a-2. 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.

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.Definitions.
16 USC 470w. As used in this Act, the term—

“(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,Ante, p. 3000. the agency administering 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 note.).

“(5) ‘Historic property’ or ‘historic resource’ means any prehistoric 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 Register of Historic Places established under section 101.Ante, p. 2988.

“(7) ‘Undertaking’ means any action as described in section 106.16 USC 470f.

“(8) ‘Preservation’ or ‘historic preservation’ includes identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance and reconstruction, or any combination 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)(1)(B)Ante, p. 2988.—

“(A)Membership. 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

“(C)Authority. 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 101(c)(1)(B),Ante, p. 2988. 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, history, 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.Expenditures.
16 USC 470w-1. 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.Gifts or donations.
16 USC 470w-2. (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.Information disclosure.
16 USC 470w-3. The head of any Federal agency, after consultation with the Secretary, shall withhold from disclosure to the public, information relating to the location or character of historic resources whenever 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. 305.16 USC 470w-4. 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 participating in such action, as the court deems reasonable.

“Sec. 306.National Museum for the Building Arts.
16 USC 470w-5. (a) In order to provide a national center to commemorate and encourage the building arts and to preserve and maintain a nationally significant building which exemplifies the great achievements 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 Committee 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 building 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, practice 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 illustrating, 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 maintenance, 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)Grants-in-aid. The Secretary is authorized and directed to provide matching 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)Renovation. The renovation of the site shall be carried out by the Administrator 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 historically 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)Report submittal. 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)“Building arts.” For purposes of this section, the term ‘building arts’ includes, but shall not be limited to, all practical and scholarly aspects of prehistoric, historic, and contemporary architecture, archaeology, construction, building technology and skills, landscape architecture, preservation and conservation, building and construction, engineering, urban and community design and renewal, city and regional planning, and related professsions, skills, trades, and crafts.

“Sec. 307.Publication in Federal Register. Regulations, transmittal to congressional committees.
16 USC 470w-6. (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 Committee 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)Final regulations. Notification of congressional committees. In the case of an emergency, a final regulation of the Secretary may become effective without regard to the last sentence of subsection (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)Noneffective regulations. 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 promulgated 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 disapproval shall not be deemed an expression of approval of such regulation.”.

Sec. 502.Report to President and Congress.
16 USC 470a note. 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 elements of our cultural heritage such as arts, skills, folklife, and 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.Report to President and Congress.
16 USC 470j note. The Advisory Council on Historic Preservation, in cooperation 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 purposes of this Act. Such report shall be submitted within one year after the date of enactment of this Act.

Sec. 504.Report to President and Congress.
16 USC 470h note. 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 recommending appropriate funding levels, the time period for the reauthorization for appropriations from the fund, and other appropriate legislative action to be undertaken upon the expiration of the current fund authorization.

Sec. 505.Development plan, review.
40 USC 874 note. 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 foregoing 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. Report to congressional committees.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 Corporation’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.Study.
16 USC 470a note. 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 preservation, interpretation, development, and use by public and private entities of the prehistoric, historic, architectural, cultural, and recreational resources found in definable urban areas throughout the Nation. The study shall propose alternatives concerning the management and funding of such system by public and private entities and by various levels of government. Report to President and Congress.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.Report to President and Congress.
16 USC 470a note. The Secretary, in cooperation with the Secretary of the Treasury, the Administrator of the United States Fire Administration, 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 “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 “suspicious 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.

 

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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 Resources).
CONGRESSIONAL RECORD, Vol. 126 (1980):

Nov. 17, considered and passed House.

Nov. 19, considered and passed Senate, in lieu of S. 3116.