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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-503

======================================================================



 
                 MILITARY LAND AND NATIONAL DEFENSE ACT

                                _______
                                

 June 30, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3687]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3687) to amend the National Historic 
Preservation Act to provide that if the head of the agency 
managing Federal property objects to the inclusion of certain 
property on the National Register or its designation as a 
National Historic Landmark for reasons of national security, 
the Federal property shall be neither included nor designated 
until the objection is withdrawn, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3687 is to amend the National Historic 
Preservation Act to provide that if the head of the agency 
managing Federal property objects to the inclusion of certain 
property on the National Register or its designation as a 
National Historic Landmark for reasons of national security, 
the Federal property shall be neither included nor designated 
until the objection is withdrawn.

                  Background and Need for Legislation

    The National Register of Historic Places is the official 
list of the nation's historic places. Authorized by the 
National Historic Preservation Act of 1966 (NHPA), the National 
Park Service's (NPS) National Register of Historic Places is 
part of a program to coordinate and support public and private 
efforts to identify, evaluate, and protect America's historic 
and archeological resources.
    Nominations for inscription into the National Register are 
submitted by property owners, historical societies, 
preservation organizations, governmental agencies, and other 
groups to a State Historic Preservation Officer (SHPO). 
Approved nominations are then forwarded to NPS where a final 
determination is made.
    While the program does not authorize specific control over 
designated properties, it does permit NPS involvement and 
eligibility for federal grants. Additionally, the designation 
may trigger Section 106 of the NHPA, requiring an onerous 
process with the Advisory Council on Historic Preservation and 
state SHPO's for federal undertakings. This process has been 
manipulated by third parties to prevent development, or 
otherwise delay and prohibit projects involving inscribed 
places, or those eligible for inclusion.
    For example, in Southern California, an environmental group 
claiming to represent surfers nominated a beach owned by the 
U.S. Navy and used for training by the Marine Corps at Camp 
Pendleton. The nomination purports to protect surfing access, 
although the beach has been shared with surfers by the Marines 
for decades without issue. The Navy objected to the nomination, 
but NPS accepted a third party appeal allowing the application 
to advance. NPS claims that, under current law, it does not 
have the authority to reject a nomination based on national 
security concerns.
    H.R. 3687 amends the NHPA to allow a head of a federal 
agency to remove a property from consideration for inscription 
onto the National Register of Historic Places for reasons of 
national security, such as impacts on training and readiness. 
This authority prevents manipulation of the NHPA and the 
attempts to politicize the nomination process that could 
undermine the integrity and credibility of the National 
Register.

                            Committee Action

    H.R. 3687 was introduced on December 10, 2013, by 
Congressman Darrell Issa (R-CA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
April 29, 2014, the Subcommittee held a hearing on the bill. On 
May 9, 2014, the Natural Resources Committee met to consider 
the bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. No amendments 
were offered, and the bill was adopted and ordered favorably 
reported to the House of Representatives by a roll call vote of 
20 to 12, as follows:


            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 3687--Military Land and National Defense Act

    H.R. 3687 would require the Department of the Interior 
(DOI) to notify the Congress of any federal properties being 
considered for designation as a National Historic Landmark, 
inclusion on the National Register of Historic Places, or 
nomination to the World Heritage List. Under the bill, no 
federal property would be designated as a National Historic 
Landmark or included in the National Register of Historic 
Places if the agency managing the property objects to the 
designation or inclusion of the property for reasons of 
national security. H.R. 3687 also would require DOI to 
promulgate regulations for the expedited removal of any 
properties from the National Register of Historic Places for 
national security reasons.
    Based on information proved by DOI, CBO estimates that 
implementing the bill would cost about $1 million over the next 
couple of years, assuming the appropriation of the necessary 
funds. Those amounts would be used to promulgate new 
regulations. Enacting H.R. 3687 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    H.R. 3687 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
DOI, CBO estimates that implementing the bill would cost about 
$1 million over the next couple of years, assuming the 
appropriation of the necessary funds.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the National Historic 
Preservation Act to provide that if the head of the agency 
managing Federal property objects to the inclusion of certain 
property on the National Register or its designation as a 
National Historic Landmark for reasons of national security, 
the Federal property shall be neither included nor designated 
until the objection is withdrawn.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman estimates that this bill 
directs the Secretary of the Interior to conduct a single 
rulemaking.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                   NATIONAL HISTORIC PRESERVATION ACT




           *       *       *       *       *       *       *
                                TITLE I

  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. 
Notwithstanding section 43(c) of the Act entitled ``An Act to 
provide for the registration and protection of trademarks used 
in commerce, to carry out the provisions of certain 
international conventions, and for other purposes'', approved 
July 5, 1946 (commonly known as the ``Trademark Act of 1946'' 
(15 U.S.C. 1125(c))), 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 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); 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;
          (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, and 
        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[.]; and
          (G) notifying the Committee on Natural Resources of 
        the United States House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate 
        if the property is owned by the Federal Government when 
        the property is being considered for inclusion on the 
        National Register, for designation as a National 
        Historic Landmark, or for nomination to the World 
        Heritage List.
  (3) Subject to the requirements of paragraph (6), any State 
which is carrying out a program approved under subsection (b), 
shall nominate to the Secretary properties which meet the 
criteria 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) 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). 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 or 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) If the head of the agency managing any Federal property 
objects to such inclusion or designation for reasons of 
national security, such as any impact the inclusion or 
designation would have on use of the property for military 
training or readiness purposes, that Federal property shall be 
neither included on the National Register nor designated as a 
National Historic Landmark until the objection is withdrawn.
  [(7)] (8) 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, 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.
  [(8)] (9) The Secretary shall, at least once every 4 years, 
in consultation with the Council and with State Historic 
Preservation Officers, review significant threats to properties 
included in, or eligible for inclusion on, the National 
Register, in order to--
          (A) determine the kinds of properties that may be 
        threatened;
          (B) ascertain the causes of the threats; and
          (C) develop and submit to the President and Congress 
        recommendations for appropriate action.
  (10) The Secretary shall promulgate regulations to allow for 
expedited removal of Federal property listed on the National 
Register of Historic Places if the managing agency of that 
Federal property submits to the Secretary a written request to 
remove the Federal property from the National Register of 
Historic Places for reasons of national security, such as any 
impact the inclusion or designation would have on use of the 
property for military training or readiness purposes.
  (b)(1) The Secretary, in consultation with the National 
Conference of State Historic Preservation Officers and the 
National Trust for Historic Preservation, shall promulgate or 
revise regulations for State Historic Preservation Programs. 
Such regulations shall provide that a State program submitted 
to the Secretary under this section shall be approved by the 
Secretary if he determines that the program--
          (A) provides for the designation and appointment by 
        the Governor of a ``State Historic Preservation 
        Officer'' to administer such program in accordance with 
        paragraph (3) and for the employment or appointment by 
        such officer of such 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)(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 Act, and in cooperation with the State 
Historic Preservation Officer, shall evaluate the program to 
determine whether it is consistent with this Act.
  (B) If, at any time, the Secretary determines that a major 
aspect of a State program is not consistent with this Act, 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 Act, 
until the program is consistent with this Act, unless the 
Secretary determines that the program will be made consistent 
with this Act 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--
          (i) establishes and maintains substantially similar 
        accountability standards; and
          (ii) provides for independent professional peer 
        review.
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;
          (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 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);
          (I) consult with appropriate Federal agencies in 
        accordance with this Act on--
                  (i) Federal undertakings that may affect 
                historic properties; and
                  (ii) the content and sufficiency of any plans 
                developed to protect, manage, or reduce or 
                mitigate harm to such properties; and
          (J) advise and assist in the evaluation of proposals 
        for rehabilitation projects that may qualify for 
        Federal assistance.
  (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 
        1992.
  (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--
          (i) Identification and preservation of historic 
        properties.
          (ii) Determination of the eligibility of properties 
        for listing on the National Register.
          (iii) Preparation of nominations for inclusion on the 
        National Register.
          (iv) Maintenance of historical and archaeological 
        data bases.
          (v) Evaluation of eligibility for Federal 
        preservation incentives.
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--
          (i) the State Historic Preservation Officer has 
        requested the additional responsibility;
          (ii) the Secretary has approved the State historic 
        preservation program pursuant to section 101(b) (1) and 
        (2);
          (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;
          (iv) the State Historic Preservation Officer agrees 
        to permit the Secretary to review and revise, as 
        appropriate in the discretion of the Secretary, 
        decisions made by the Officer pursuant to such contract 
        or cooperative agreement; and
          (v) the Secretary and the State Historic Preservation 
        Officer agree on the terms of additional financial 
        assistance to the State, if there is to be any, for the 
        costs of carrying out such responsibility.
  (C) For each significant program area under the Secretary's 
authority, the Secretary shall establish specific conditions 
and criteria essential for the assumption by State Historic 
Preservation Officers of the Secretary's duties in each such 
program.
  (D) Nothing in this subsection shall have the effect of 
diminishing the preservation programs and activities of the 
National Park Service.
  (c)(1) Any State program approved under this section shall 
provide a mechanism for the certification by the State Historic 
Preservation Officer of local governments to carry out the 
purposes of this Act and provide for the transfer in accordance 
with section 103(c), of a portion of the grants received by the 
States under this Act, to such local governments. Any local 
government shall be certified to participate under the 
provisions of this section if the applicable State Historic 
Preservation Officer, and the Secretary, certifies that the 
local government--
          (A) enforces appropriate State or local legislation 
        for the designation and protection of historic 
        properties;
          (B) has established an adequate and qualified 
        historic 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.
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 Officier 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 for the National Register. Within sixty days 
of notice from the State Historic Preservation Officer, the 
chief local elected official shall transmit the report of the 
commission and his recommendation to the State Historic 
Preservation Officer. Except as provided in subparagraph (B), 
after receipt of such report and recommendation, or if no such 
report and recommendation are received within sixty days, the 
State shall make the nomination pursuant to section 101(a). The 
State may expedite such process with the concurrence of the 
certified local government.
  (B) If both the commission and the chief local elected 
official recommend that a property not be nominated to the 
National Register, the State Historic Preservation Officer 
shall take no further action, unless within thirty days of the 
receipt of such 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 section 101(a). Any report and 
recommendations made under this section shall be included with 
any nomination submitted by the State to the Secretary.
  (3) Any local government certified under this section or 
which is making efforts to become so certified shall be 
eligible for funds under the provisions of section 103(c) of 
this Act, and shall carry out any responsibilities delegated to 
it in accordance with such terms and conditions as the 
Secretary deems necessary or advisable.
  (4) For the purposes of this section the term--
          (A) ``designation'' means the identification and 
        registration of properties for protection that meet 
        criteria established by the State or the locality for 
        significant historic and prehistoric resources within 
        the jurisdiction of a local government; and
          (B) ``protection'' means a local review process under 
        State or local law for proposed demolition of, changes 
        to, or other action that may affect historic properties 
        designated pursuant to subsection (c).
  (d)(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.
  (C) The Secretary shall consult with Indian tribes, other 
Federal agencies, State Historic Preservation Officers, and 
other interested parties and initiate the program under 
subparagraph (A) by not later than October 1, 1994.
  (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), with respect to tribal lands, as 
such responsibilities may be modified for tribal programs 
through regulations issued by the Secretary, if--
          (A) the tribe's chief governing authority so 
        requests;
          (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 106), 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); and
          (E) based on satisfaction of the conditions stated in 
        subparagraphs (A), (B), (C), and (D), the Secretary 
        approves the plan.
  (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 103(a) 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) 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 Act; 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--
                  (i) the tribe's traditional cultural 
                authorities;
                  (ii) representatives of other tribes whose 
                traditional lands are under the jurisdiction of 
                the tribe assuming responsibilities; and
                  (iii) the interested public.
  (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 106, 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 106, 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), 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)(1) The Secretary shall administer a program of matching 
grants to the States for the purposes of carrying out this Act.
          (2) The Secretary may administer grants to the 
        National Trust for Historic Preservation in the United 
        States, chartered by an Act of Congress approved 
        October 26, 1949 (63 Stat. 947) consistent with the 
        purposes of its charter and this Act.
  (3)(A) In addition to the programs under paragraphs (1) and 
(2), the Secretary shall administer a program of direct grants 
for the preservation of properties included on the National 
Register. Funds to support such program annually shall not 
exceed 10 per centum of the amount appropriated annually for 
the fund established under section 108. These grants may be 
made by the Secretary, in 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) 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.
  (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 Act 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. 1681 note), 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. 1681 note). 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.
  (B) The amounts to be made available to the Micronesian 
States shall be allocated by the Secretary on the basis of 
needs as determined by the Secretary. Matching funds may be 
waived or modified.
  (f) No part of any grant made under this section may be used 
to compensate any person intervening in any proceeding under 
this Act.
  (g) In consultation with the Advisory Council on Historic 
Preservation, the Secretary shall promulgate guidelines for 
Federal agency responsibilities under section 110 of this 
title.
  (h) Within one year after the date of enactment of the 
National Historic Preservation Act Amendments of 1980, the 
Secretary shall establish, in consultation with the Secretaries 
of Agriculture and Defense, the Smithsonian Institution, and 
the Administrator of the General Services Administration, 
professional standards for the preservation of historic 
properties in Federal ownership or control.
  (i) 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)(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;
          (D) coordination of the following activities, where 
        appropriate, with the National Center for Preservation 
        Technology and Training--
                  (i) distribution of information on 
                preservation technologies;
                  (ii) provision of training and skill 
                development in trades, crafts, and disciplines 
                related to historic preservation in Federal 
                training and development programs; and
                  (iii) support for research, analysis, 
                conservation, curation, interpretation, and 
                display related to preservation.

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