H. Rept. 114-740 - NATIONAL HISTORIC PRESERVATION AMENDMENTS ACT114th Congress (2015-2016)

114th Congress    }                                          {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                          {    114-740

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



 
             NATIONAL HISTORIC PRESERVATION AMENDMENTS ACT

                                _______
                                

 September 12, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 2817]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2817) to amend title 54, United States Code, to 
extend the authorization of appropriations for the Historic 
Preservation Fund, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Historic Preservation 
Amendments Act''.

SEC. 2. REAUTHORIZATION OF THE HISTORIC PRESERVATION FUND.

  (a) In General.--Section 303102 of title 54, United States Code, is 
amended by striking ``2015'' and inserting ``2023''.
  (b) Federal Nominations.--Section 302104 of such title is amended--
          (1) in subsections (a) and (b) by striking ``subsection (c)'' 
        and inserting ``subsection (d)'';
          (2) by inserting after subsection (b), the following new 
        subsection:
  ``(c) Nomination by Federal Agency.--Subject to the requirements of 
section 302107 of this title, the regulations promulgated under section 
302103 of this title, and appeal under subsection (d) of this section, 
the Secretary may accept a nomination directly by a Federal agency for 
inclusion of property on the National Register only if--
          ``(1) completed nominations are sent to the State Historic 
        Preservation Officer for review and comment regarding the 
        adequacy of the nomination, the significance of the property 
        and its eligibility for the National Register;
          ``(2) within 45 days of receiving the completed nomination, 
        the State Historic Preservation Officer has made a 
        recommendation regarding the nomination to the Federal 
        Preservation Officer, except that failure to meet this deadline 
        shall constitute a recommendation to not support the 
        nomination;
          ``(3) the chief elected officials of the county (or 
        equivalent governmental unit) and municipal political 
        jurisdiction in which the property is located are notified and 
        given 45 days in which to comment;
          ``(4) the Federal Preservation Officer forwards it to the 
        Keeper of the National Register of Historic Places after 
        determining that all procedural requirements have been met, 
        including those in paragraphs (1) through (3) above; the 
        nomination is adequately documented; the nomination is 
        technically and professionally correct and sufficient; and may 
        include an opinion as to whether the property meets the 
        National Register criteria for evaluation;
          ``(5) notice is provided in the Federal Register that the 
        nominated property is being considered for listing on the 
        National Register that includes any comments and the 
        recommendation of the State Historic Preservation Officer and a 
        declaration whether the State Historic Preservation Officer has 
        responded within the 45 day-period of review provided in 
        paragraph (2); and
          ``(6) the Secretary addresses in the Federal Register any 
        comments from the State Historic Preservation Officer that do 
        not support the nomination of the property on the National 
        Register before the property is included in the National 
        Register.''; and
          (3) by redesignating subsection (c) as subsection (d).
  (c) Technical Amendments.--
          (1) Section 303102 of such title is amended by striking 
        ``Contents'' in the heading thereof and inserting ``Funding''.
          (2) The table of sections for chapter 3031 of such title is 
        amended by striking the item relating to section 303102 and 
        inserting the following new item:

``303102. Funding.''.

                          Purpose of the Bill

    The purpose of H.R. 2817 is to amend title 54, United 
States Code, to extend the authorization of appropriations for 
the Historic Preservation Fund.

                  Background and Need for Legislation

    In 1976, Congress established the Historic Preservation 
Fund (HPF) to support the preservation initiatives mandated by 
the National Historic Preservation Act of 1966 (NHPA, 54 U.S.C. 
302101 et seq.). In accordance with the purposes of the NHPA, 
the HPF provides grants to State and local governments and 
private entities for conserving cultural and historical assets 
and sites. The National Park Service administers HPF grants, 
which are typically awarded on a 60% federal/40% State matching 
share basis to States and tribes. State Historic Preservation 
Officers (SHPOs) administer the National Historic Preservation 
Program and award individual sub-grants at the State level, and 
Tribal Historic Preservation Officers (THPOs) administer the 
program and award individual sub-grants for tribal lands. 
Federal agencies seek the views of the appropriate SHPO or THPO 
when identifying historic properties and assessing the effects 
of new projects on historic properties.
    The HPF is funded by Outer Continental Shelf (OCS) oil and 
gas revenues. Funds deposited in the HPF are available for 
expenditure only when appropriated by Congress. In 1980, 
Congress extended the funding authorization for the HPF and 
authorized $150 million in OCS revenues for deposit annually 
into the HPF to carry out the purposes of the NHPA. Since the 
1980 reauthorization, Congress has reauthorized HPF funding 
four additional times, extending deposits through September 30, 
2015. Although the authorization of deposits into the HPF has 
expired, monies previously deposited in the HPF remain 
available for appropriation. Congress has historically 
appropriated less than the full amount that is deposited into 
the HPF each year, and unappropriated amounts totaling over $3 
billion remain in the fund. H.R. 2817, as reported, extends the 
annual authorization of $150 million for the HPF from OCS 
revenues through fiscal year 2023.
    In addition to extending the funding authorization for the 
HPF, H.R. 2817, as reported, makes changes to the process by 
which federally-owned properties are nominated and listed on 
the National Register of Historic Places (NRHP). These changes 
stem from Committee concerns about the process by which 
federally-owned properties are nominated and approved for 
inclusion on the NRHP. Specifically, the bill requires SHPOs to 
provide a recommendation on the nomination of federally-owned 
properties for inclusion on the NRHP. The bill also requires 
the Secretary of the Interior to respond publicly to any SHPO 
comments in opposition to the nomination, prior to listing the 
property on the NRHP.

                            Committee Action

    H.R. 2817 was introduced on June 17, 2015, by Congressman 
Michael R. Turner (R-OH). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On February 11, 2016, the 
Subcommittee held a hearing on the bill. On July 12, 2016, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congressman 
Paul A. Gosar (R-AZ) offered an amendment designated #1. The 
amendment was adopted by unanimous consent. No additional 
amendments were offered and the bill, as amended, was ordered 
favorably reported to the House of Representatives on July 13, 
2016, by unanimous consent.

            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 and Section 308(a) of Congressional 
Budget Act. With respect to the requirements of clause 3(c)(2) 
and (3) of rule XIII of the Rules of the House of 
Representatives and sections 308(a) and 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the enclosed cost estimate for the bill from the Director of 
the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 9, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2817, the National 
Historic Preservation Amendments Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2817--National Historic Preservation Amendments Act

    H.R. 2817 would require $150 million of the receipts earned 
from oil and gas development on the Outer Continental Shelf to 
be credited each year, through 2023, to the Historic 
Preservation Fund (HPF). The HPF is permanently authorized to 
spend any amounts deposited in the fund if they are 
subsequently appropriated. The National Park Service (NPS) uses 
appropriations from the HPF to make grants to state, local, and 
tribal governments; nonprofit organizations; and other entities 
to support the conservation of historic and cultural sites and 
assets. The bill also would establish a process for federal 
agencies to nominate properties for inclusion on the National 
Register of Historic Places.
    If the legislation was enacted, transfers into the fund, as 
well as the amounts available for appropriation, would 
increase. In 2016, the NPS received an appropriation of $65 
million from the HPF to make grants and carry out other 
activities under the National Historic Preservation Act. At the 
end of 2015, the HPF had unappropriated balances of $3.3 
billion. Assuming appropriations from the fund are provided at 
historical levels, the fund has sufficient balances to cover 
appropriations for the next five years. On that basis, CBO 
estimates that authorizing the transfer of OCS receipts to the 
HPF would not affect spending subject to appropriation over the 
2017-2021 period.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 2817 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 2817 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit state, local, and tribal governments by 
authorizing federal grants for conservation of historic and 
cultural sites and assets. Any costs incurred by those 
entities, including cost-sharing contributions, would result 
from participation in a voluntary federal program.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. 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 title 54, United States 
Code, to extend the authorization of appropriations for the 
Historic Preservation Fund.

                           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 does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    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. However, the bill does reauthorize a program 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. The historic preservation grants 
funded under the Historic Preservation Act of 1966 are divided 
into related categories of assistance, as described in this 
bill report. These include: 15.904 Historic Preservation Fund 
Grants-In-Aid; 15.914 National Register of Historic Places; 
15.915 Technical Preservation Services; 15.912 National 
Historic Landmarks; 14.218 Community Development Block Grants/
Entitlement Grants; 15.923 National Center for Preservation 
Technology and Training; and 15.957 Historic Preservation Fund 
Grants to Provide Disaster Relief to Historic Properties 
Damaged by Hurricane Sandy. These sub-grants benefit different 
constituencies and while related, are not duplicative. In 
addition, the changes made to the process by which federal 
properties are included on the National Register of Historic 
Places by H.R. 2817 as reported, which grants State Historic 
Preservation Officers a more formal role, will help integrate 
federal and State historic preservation efforts.

                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, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 54, UNITED STATES CODE




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SUBTITLE III--NATIONAL PRESERVATION PROGRAMS

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DIVISION A--HISTORIC PRESERVATION

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SUBDIVISION 2--HISTORIC PRESERVATION PROGRAM

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CHAPTER 3021--NATIONAL REGISTER OF HISTORIC PLACES

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Sec. 302104. Nominations for inclusion on National Register

  (a) Nomination by State.--Subject to the requirements of 
section 302107 of this title, any State that is carrying out a 
program approved under chapter 3023 shall nominate to the 
Secretary property that meets the criteria promulgated under 
section 302103 of this title for inclusion on the National 
Register. Subject to section 302107 of this title, any property 
nominated under this subsection or under section 306102 of this 
title shall be included on the National Register on the date 
that is 45 days after receipt by the Secretary of the 
nomination and the necessary documentation, unless the 
Secretary disapproves the nomination within the 45-day period 
or unless an appeal is filed under [subsection (c)] subsection 
(d) .
  (b) Nomination by Person or Local Government.--Subject to the 
requirements of section 302107 of this title, the Secretary may 
accept a nomination directly from any person or local 
government for inclusion of a property on the National Register 
only if the property is located in a State where there is no 
program approved under chapter 3023 of this title. The 
Secretary may include on the National Register any property for 
which such a nomination is made if the Secretary determines 
that the property is eligible in accordance with the 
regulations promulgated under section 302103 of this title. The 
determination shall be made within 90 days from the date of the 
nomination unless the nomination is appealed under [subsection 
(c)] subsection (d) .
  (c) Nomination by Federal Agency.--Subject to the 
requirements of section 302107 of this title, the regulations 
promulgated under section 302103 of this title, and appeal 
under subsection (d) of this section, the Secretary may accept 
a nomination directly by a Federal agency for inclusion of 
property on the National Register only if--
          (1) completed nominations are sent to the State 
        Historic Preservation Officer for review and comment 
        regarding the adequacy of the nomination, the 
        significance of the property and its eligibility for 
        the National Register;
          (2) within 45 days of receiving the completed 
        nomination, the State Historic Preservation Officer has 
        made a recommendation regarding the nomination to the 
        Federal Preservation Officer, except that failure to 
        meet this deadline shall constitute a recommendation to 
        not support the nomination;
          (3) the chief elected officials of the county (or 
        equivalent governmental unit) and municipal political 
        jurisdiction in which the property is located are 
        notified and given 45 days in which to comment;
          (4) the Federal Preservation Officer forwards it to 
        the Keeper of the National Register of Historic Places 
        after determining that all procedural requirements have 
        been met, including those in paragraphs (1) through (3) 
        above; the nomination is adequately documented; the 
        nomination is technically and professionally correct 
        and sufficient; and may include an opinion as to 
        whether the property meets the National Register 
        criteria for evaluation;
          (5) notice is provided in the Federal Register that 
        the nominated property is being considered for listing 
        on the National Register that includes any comments and 
        the recommendation of the State Historic Preservation 
        Officer and a declaration whether the State Historic 
        Preservation Officer has responded within the 45 day-
        period of review provided in paragraph (2); and
          (6) the Secretary addresses in the Federal Register 
        any comments from the State Historic Preservation 
        Officer that do not support the nomination of the 
        property on the National Register before the property 
        is included in the National Register.
  [(c)] (d) Appeal.--Any person or local government may appeal 
to the Secretary--
          (1) a nomination of any property for inclusion on the 
        National Register; and
          (2) the failure of a nominating authority to nominate 
        a property in accordance with this chapter.

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                CHAPTER 3031--HISTORIC PRESERVATION FUND


Sec.
303101. Establishment.
[303102. Content.]
303102. Funding.

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Sec. 303102. [Contents]  Funding

  For each of fiscal years 2012 to [2015] 2023 , $150,000,000 
shall be deposited in the Historic Preservation Fund from 
revenues due and payable to the United States under section 9 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), 
section 7433(b) of title 10, or both, notwithstanding any 
provision of law that those proceeds shall be credited to 
miscellaneous receipts of the Treasury.

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