[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5861 Reported in House (RH)]







                                                 Union Calendar No. 381
109th CONGRESS
  2d Session
                                H. R. 5861

                          [Report No. 109-641]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2006

  Mr. Pearce introduced the following bill; which was referred to the 
                         Committee on Resources

                           September 6, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               20, 2006]

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Historic Preservation Act 
Amendments of 2006''.

SEC. 2. STATE HISTORIC PRESERVATION OFFICER RESPONSIBILITIES.

    Section 101(b) of the National Historic Preservation Act (16 U.S.C. 
470a(b)) is amended by adding at the end the following:
    ``(7) The State Historic Preservation Officer shall have no 
authority to require an applicant for Federal assistance, permit, or 
license to identify historic properties outside the undertaking's area 
of potential effects as determined by the Federal agency in accordance 
with regulations implementing section 106.
    ``(8) If the State Historic Preservation Officer or Tribal Historic 
Preservation Officer fails to respond within 30 days after an 
adequately documented finding of `no historic properties affected' or 
`no adverse effect' as provided in the regulations implementing section 
106, the Federal agency may assume that the State Historic Preservation 
Officer or Tribal Historic Preservation Officer has no objection to the 
finding.''.

SEC. 3. ADDITIONAL CRITERIA FOR CERTIFICATION OF LOCAL GOVERNMENTS TO 
              CARRY OUT NATIONAL HISTORIC PRESERVATION ACT.

    Section 101(c)(1) of the National Historic Preservation Act (16 
U.S.C. 470a(c)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by redesignating subparagraph (E) as subparagraph (F);
            (3) by inserting after subparagraph (D) the following new 
        subparagraph:
            ``(E) agrees that it shall not use any eligibility 
        determination regarding the inclusion of any property or 
        District on the National Register to initiate local regulatory 
        requirements unless the entity provides full due process 
        protection to the owner or owners of the property or District 
        through a hearing process; and''; and
            (4) in the matter below the subparagraphs, by striking 
        ``through (E)'' and inserting ``through (F)''.

SEC. 4. HISTORIC PRESERVATION FUND.

    Section 108 of the National Historic Preservation Act (16 U.S.C. 
470h) is amended by striking ``2005'' and inserting ``2015''.

SEC. 5. ADVISORY COUNCIL ON HISTORIC PRESERVATION.

    (a) Membership.--Section 201 of the National Historic Preservation 
Act (16 U.S.C. 470i) is amended--
            (1) in subsection (a)(4), by striking ``four'' and 
        inserting ``seven'';
            (2) in subsection (b), by striking ``(5) and (6)'' and 
        inserting ``paragraph (6)''; and
            (3) in subsection (f), by striking ``Nine'' and inserting 
        ``Eleven''.
    (b) Financial and Administrative Services.--Section 205(f) of such 
Act (16 U.S.C. 470m(f)) is amended to read as follows:
    ``(f) Financial and administrative services (including those 
related to budgeting, accounting, financial reporting, personnel and 
procurement) shall be provided the Council by the Department of the 
Interior or, at the discretion of the Council, such other agency or 
private entity that reaches an agreement with the Council, for which 
payments shall be made from funds of the Council in such amounts as may 
be agreed upon by the Chairman of the Council and the head of the 
agency or, in the case of a private entity, the authorized 
representative of the private entity that will provide the services. 
When a Federal agency affords such services, the regulations of that 
agency for the collection of indebtedness of personnel resulting from 
erroneous payments, prescribed under section 5514(b) of title 5, United 
States Code, shall apply to the collection of erroneous payments made 
to or on behalf of a Council employee, and regulations of that agency 
for the administrative control of funds under sections 1513(d) and 1514 
of title 31, United States Code, shall apply to appropriations of the 
Council. The Council shall not be required to prescribe such 
regulations.''.
    (c) Authorization of Appropriations.--Section 212(a) of the Act (16 
U.S.C. 470t(a)) is amended by striking ``for purposes of this title not 
to exceed $4,000,000 in each fiscal year 1997 through 2005'' and 
inserting ``such amounts as may be necessary to carry out this title''.

SEC. 6. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PROGRAMS IN 
              MEETING PURPOSES AND POLICIES OF THE NATIONAL HISTORIC 
              PRESERVATION ACT.

    The National Historic Preservation Act is amended by inserting 
after section 215 (16 U.S.C. 470v-1) the following new section:

``SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PROGRAMS.

    ``(a) Cooperative Agreements.--The Council may enter into a 
cooperative agreement with any Federal agency that administers a grant 
or assistance program for the purpose of improving the effectiveness of 
the administration of such program in meeting the purposes and policies 
of this Act. Such cooperative agreements may include provisions that 
modify the selection criteria for a grant or assistance program to 
further the purposes of this Act or that allow the Council to 
participate in the selection of recipients, if such provisions are not 
inconsistent with the statutory authorization and purpose of the grant 
or assistance program.
    ``(b) Review of Grant and Assistance Programs.--The council may--
            ``(1) review the operation of any Federal grant or 
        assistance program to evaluate the effectiveness of such 
        program in meeting the purposes and policies of this Act;
            ``(2) make recommendations to the head of the Federal 
        agency that administers such program to further the consistency 
        of the program with the purposes and policies of this Act and 
        to improve its effectiveness in carrying out those purposes and 
        policies; and
            ``(3) make recommendations to the President and the 
        Congress regarding the effectiveness of Federal grant and 
        assistance programs in meeting the purposes and policies of 
        this Act, including recommendations with regard to appropriate 
        funding levels.''.
                                                 Union Calendar No. 381

109th CONGRESS

  2d Session

                               H. R. 5861

                          [Report No. 109-641]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 6, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed