Summary: H.R.5861 — 109th Congress (2005-2006)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (09/25/2006)

National Historic Preservation Act Amendments of 2006 - Amends the National Historic Preservation Act (NHPA) to prohibit a State Historic Preservation Officer from having any authority to require an applicant for federal assistance, permit, or license to identify historic properties outside the undertaking's area of potential effects.

Declares that, if the State Historic Preservation Officer, Tribal representative, or Tribal Historic Preservation Officer fails to respond within 30 days after an adequately documented finding of either "no historic properties affected" or "no adverse effect," the federal agency may assume that the State Historic Preservation Officer or Tribal Historic Preservation Officer has no objection to the finding.

Specifies additional criteria for certification of local governments to implement the NHPA.

Extends through FY2015 the period of funding for the Historic Preservation Fund.

Expands: (1) from five to eight the number of federal agencies on the Advisory Council on Historic Preservation (Council); and (2) from nine to eleven the number of Council members constituting a quorum. Permits the Governor serving on the Council to designate a substitute to serve in such Governor's capacity on the Council.

Grants the Council discretion to reach an agreement with any federal agency other than the Department of the Interior, or with a private entity, to provide the Council with financial and administrative services.

Authorizes the Council to enter into cooperative agreements with any federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of program administration.

Permits such cooperative agreements to: (1) modify the selection criteria for a grant or assistance program to further NHPA purposes; or (2) allow the Council to participate in the selection of recipients.

Authorizes the Council to: (1) review the operation of any federal grant or assistance program to evaluate its effectiveness in meeting NHPA purposes and policies; (2) make recommendations to the head of the federal agency that administers such program to further the consistency of the program with NHPA purposes and policies and to improve its effectiveness in carrying out such purposes and policies; and (3) make recommendations to the President and Congress regarding the effectiveness of federal grant and assistance programs in meeting those purposes and policies, including recommendations with regard to appropriate funding levels.