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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
* * * * * * *
SUBTITLE III--NATIONAL PRESERVATION PROGRAMS
* * * * * * *
DIVISION A--HISTORIC PRESERVATION
* * * * * * *
SUBDIVISION 2--HISTORIC PRESERVATION PROGRAM
* * * * * * *
CHAPTER 3021--NATIONAL REGISTER OF HISTORIC PLACES
* * * * * * *
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.
* * * * * * *
CHAPTER 3031--HISTORIC PRESERVATION FUND
Sec.
303101. Establishment.
[303102. Content.]
303102. Funding.
* * * * * * *
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.
* * * * * * *
