[Senate Report 106-237]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 453
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-237

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



 
                  NATIONAL HISTORIC PRESERVATION FUND
                                _______
                                

                 March 9, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 834]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 834) to extend the authorization for the 
National Historic Preservation Fund, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and an amendment to the title and recommends that the 
Act, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Historic Preservation Act 
Amendments of 1999.''

SEC. 2. REAUTHORIZATION OF HISTORIC PRESERVATION FUND.

    Section 108 of the National Historic Preservation Act (16 U.S.C. 
470h) is amended in the second sentence by striking ``1997'' and 
inserting ``2005''.

SEC. 3. REAUTHORIZATION OF ADVISORY COUNCIL ON HISTORIC PRESERVATION.

    Section 212(a) of the National Historic Preservation Act (16 U.S.C. 
470t(a)) is amended by striking ``2000'' and inserting ``2005''.

SEC. 4. LOCATION OF FEDERAL FACILITIES ON HISTORIC PROPERTIES.

    Section 110(a)(1) of the National Historic Preservation Act (16 
U.S.C. 470h-2(a)(1)) is amended in the second sentence by striking 
``agency.'' and inserting ``agency, in accordance with Executive Order 
13006, issued May 21, 1996 (61 F.R. 26071).''.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) The National Historic Preservation Act (16 U.S.C. 470 et seq.) 
is amended as follows--
          (1) in section 101(d)(2)(D)(ii) (16 U.S.C. 470a(d)(2)(D)(ii)) 
        by striking ``Officer,'' and inserting ``Officer; and'';
          (2) by amending section 101(e)(2) (16 U.S.C. 470a(e)(2)) to 
        read as follows:
                  ``(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) in section 101(e)(3)(A)(iii) (16 U.S.C. 
        470a(e)(3)(A)(iii) by striking ``preservation; and'' and 
        inserting ``preservation, and'';
          (4) in section 101(j)(2)(C) (16 U.S.C. 470a(j)(2)(C)) by 
        striking ``programs;'' and inserting ``programs; and'';
          (5) section 102(a)(3) (16 U.S.C. 470b(a)(3)) by striking 
        ``year.'' and inserting ``year;'';
          (6) in section 103(a) (16 U.S.C. 470c(a))--
                  (A) by striking ``purposes this Act'' and inserting 
                ``purposes of this Act''; and
                  (B) by striking ``him:.'' and inserting ``him.'';
          (7) in section 108 (16 U.S.C. 470h)) by striking ``(43 U.S.C. 
        338)'' and inserting ``(43 U.S.C. 1338)'';
          (8) in section 110(1) (16 U.S.C. 470h-2(1)) by striking 
        ``with the Council'' and inserting ``pursuant to regulations 
        issued by the Council'';
          (9) in section 112(b)(3) (16 U.S.C. 470h-4(b)(3)) by striking 
        ``(25 U.S.C. 3001 (3) and (9))'' and inserting ``(25 U.S.C. 
        3001 (3) and (9)))'';
          (10) in section 301(12)(C)(iii) (16 U.S.C. 470w(12)(C)(iii)) 
        by striking ``Officer, and'' and inserting ``Officer; and'';
          (11) in section 307(a) (16 U.S.C. 470w-6(a)) by striking 
        ``Except as provided in subsection (b) of this section, no'' 
        and inserting ``No'';
          (12) in section 307(c) (16 U.S.C. 470w-6(c)) by striking 
        ``Except as provided in subsection (b) of this section, the'' 
        and inserting ``The'';
          (13) in section 307 (16 U.S.C. 470w-6) by redesignating 
        subsections (c) through (f), as amended, as subsections (b) 
        through (e), respectively; and
          (14) in section 404(c)(2) (16 U.S.C. 740x-3(c)(2)) by 
        striking ``organizations, and'' and inserting ``organizations; 
        and''.
    (b) Section 114 of Public Law 96-199 (94 Stat. 71) is amended by 
striking ``subsection 6(c) and inserting ``subsection 206(c)''.

    2. Amend the title so as to read: ``An Act to extend the 
authorization for the Historic Preservation Fund and the 
Advisory Council on Historic Preservation, and for other 
purposes.''.

                         Purpose of the Measure

    The purpose of H.R. 834, as ordered reported, is to make 
technical changes to the National Historic Preservation Act and 
to reauthorize the Historic Preservation Fund and the Advisory 
Council for Historic Preservation.

                          Background and Need

    The National Historic Preservation Act of 1966 (NHPA), 
Public Law 89-665, established a policy of Federal support and 
funding for the preservation of prehistoric and historic 
resources. The NHPA also encouraged State and local historic 
preservation through the establishment of State Historic 
Preservation Offices (SHPO).
    The NHPA authorized a grants-in-aid program under the 
Historic Preservation Fund. This program provides funding to 
States for historic preservation projects to individuals for 
the preservation of properties listed on the National Register, 
and to assist State Preservation Offices with State and local 
historic preservation projects. These funds are authorized by 
Congress through the Outer Continental Shelf Lands Act. The 
$150 million per year authorization expired on September 30, 
1997.
    The NHPA also established the Advisory Council on Historic 
Preservation (Council) to advise the President and the Congress 
on matters relating to historic preservation. The Council also 
reviews the policies of Federal agencies in implementing NHPA, 
conducts training and educational programs, and encourages 
public participation in historic preservation. The Advisory 
Council's authorization expires in 2000.
    The NHPA also encourages State and local historic 
preservation, through State Historic Preservation Officers 
(SHPO). The program consists of identification and inventory of 
historic properties within a State; nomination of eligible 
properties to the National Register; and preparation and 
implementation of a Statewide historic preservation plan, 
including coordination with federal agencies and the public.
    Moreover, the NHPA authorizes a grant program, through the 
Historic Preservation Fund, to provide States funds for 
historic preservation projects and to individuals for the 
preservation of properties listed on the National Register. The 
grant program provides for two types of grants: one for survey 
and planning purposes, which essentially supports the 
administration functions of the SHPO; the other supports 
``bricks and mortar'' preservation or rehabilitation of 
historic properties.
    The NHPA also established the Advisory Council on Historic 
Preservation, which is now an independent agency, composed of 
20 members representing a broad range of Federal, State, and 
local public and private sector experience in historic 
preservation matters. The Advisory Council advises the 
President and Congress on historic preservation, reviews the 
policies of federal agencies in implementing the NHPA, conducts 
training and educational programs, and encourages public 
participation in historic preservation.
    The authorization for the Historic Preservation Fund 
expired at the end of fiscal year 1997. The authorization for 
appropriations for the Advisory Council on Historic 
Preservation expires at the end of fiscal year 2000. H.R. 834 
would amend the NHPA by authorizing appropriations for the 
Historic Preservation Fund, and the Advisory Council on 
Historic Preservation, thru fiscal year 2005. Therefore, 
authorizations for both the Fund and the Advisory Council will 
expire at the same time. H.R. 834 also makes a number of 
technical changes to the NHPA.
    In addition, H.R. 834 would require Federal agencies, in 
accordance with Executive Order 13006, to first consider using 
historic properties before building new structures or leasing 
space for offices or other facilities.

                          Legislative History

    H.R. 834 was passed by the House of Representatives on 
September 21, 1999 and was referred to the Committee on Energy 
and Natural Resources on September 22, 1999.
    On October 21, 1999 the Subcommittee on National Parks, 
Historic Preservation, and Recreation held a hearing on H.R. 
834 and on companion legislation, S. 1365, introduced by 
Senator Murkowski on behalf of the Administration, and S. 1434, 
that sponsored by Senators Landrieu, Akaka and Cleland.
    During the 105th Congress, the Committee reported and the 
Senate passed similar legislation, S. 2257. The House of 
Representatives also passed a related measure, H.R. 1522. 
However, the House and Senate were unable to reconcile the 
bills prior to the sine die adjournment of the Congress.
    At its business meeting on February 10, 2000 the Committee 
on Energy and Natural Resources ordered H.R. 834, favorably 
reported, as amended.

                        Committee Recommendation

    During the consideration of H.R. 834, the Committee adopted 
an amendment in the nature of a substitute. The Committee on 
Energy and Natural Resources, in open business session on 
February 10, 2000 by a unanimous voice vote of a quorum 
present, recommends that the Senate pass H.R. 834, if amended 
as described herein.

                          Committee Amendments

    During the consideration of H.R. 834, the Committee adopted 
an amendment in the nature of a substitute. In addition to 
making several technical and conforming changes, the amendment 
deleted the provision dealing with properties under the 
jurisdiction of the Architect of the Capitol.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the 
``National Historic Preservation Act Amendments of 1999.''
    Section 2 amends section 108 of the National Historic 
Preservation Act to reauthorize the Historic Preservation Fund 
until the end of fiscal year 2005.
    Section 3 amends section 212(a) of the National Historic 
Preservation Act to extend authorize appropriations for the 
Advisory Council for Historic Preservation until the end of 
fiscal year 2005.
    Section 4 amends section 110(a)(1) of the National Historic 
Preservation Act to codify Executive Order 13006, issued May 
21, 1996, which encourages Federal agencies to use historic 
properties prior to acquiring, constructing or leasing 
buildings for offices and facilities.
    Section 5(a) makes 15 technical or conforming amendments to 
the National Historic Preservation Act.
    Subsection (b) amends Public Law 96-199 to make a 
conforming amendment.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 24, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 834, the National 
Historic Preservation Act Amendments of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs) and Marjorie Miller (for the state and 
local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 834--National Historic Preservation Act Amendments of 1999

    Summary: H.R. 834 would authorize annual transfers of $150 
million to the Historic Preservation Fund (HPF) through 2005. 
Amounts transferred would come from receipts earned from oil 
and gas development on the Outer Continental Shelf. Authority 
to transfer this amount to the HPF expired at the end of fiscal 
year 1997. The National Park Service makes grants to the 
National Trust for Historic Preservation, to state, local, and 
tribal governments, and to nonprofit and other organizations 
with amounts appropriated from the HPF. The act also would 
authorize the appropriation of $4 million a year through 2005, 
for the Advisory Council on Historic Preservation. This sum is 
currently authorized to be appropriated (from the general fund 
of the U.S. Treasury) through fiscal year 2000.
    Assuming appropriation of the amounts deposited into the 
HPF each year, and assuming appropriation of the authorized 
amounts for the Advisory Council on Historic Preservation, CBO 
estimates that implementing H.R. 834 would result in additional 
discretionary spending of nearly $600 million over the 2000-
2005 period. (About $170 million would be spent in subsequent 
years.)
    The legislation would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
H.R. 834 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
State and local governments would probably incur some costs to 
match the funds authorized by the bill, but these costs would 
be voluntary.
    Estimated cost to the Federal Government: The $150 million 
to be deposited into the HPF under H.R. 834 is the same amount 
that was deposited to the fund annually from 1980 through 1997, 
but is significantly greater than the $75 million appropriated 
for 2000. In recent years, annual appropriations for the 
advisory council have been about $3 million. The estimated 
budgetary impact of H.R. 834 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).   

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars
                                                     -----------------------------------------------------------
                                                        2000      2001      2002      2003      2004      2005
----------------------------------------------------------------------------------------------------------------
          SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority \1\............................        78         0         0         0         0         0
    Estimated outlays...............................        75        45        23         4         0         0
Proposed changes:
    Authorization level.............................         0       154       154       154       154       154
    Estimated outlays...............................         0        49        94       147       154       154
Spending under H.R. 834:
    Authorization level \1\.........................        78       154       154       154       154       154
    Estimated outlays...............................        75        94       117       151       154       154
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level includes $75 million appropriated from the HTF and $3 million appropriated for the Advisory
  Council on Historic Preservation.

    Basis of estimate: For purposes of this estimate, CBO 
assumes that the entire amounts transferred to the HPF and 
authorized for the advisory council under H.R. 834 will be 
appropriated for each fiscal year. Outlay estimates are based 
on historical spending patterns for council activities and HPF 
programs adjusted to account for anticipated delays in funding 
matching shares for certain grants because of the large 
increase in spending that would be authorized by this bill. 
This estimate does not include any potential spending from 
current balances in the HPF that have not yet been 
appropriated. Such funds--about $2.1 billion--remain available 
for appropriation.
    Other provisions of H.R. 834, which would amend the 
National Historic Preservation Act, would have no impact on the 
federal budget.
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
H.R. 834 contains no intergovernmental mandates as defined in 
UMRA. Under current law, historic preservation grants to states 
must be nonfederal funds equal to at least 40 percent of total 
spending. Any spending by state and local governments to match 
the funds authorized by this bill would be voluntary.
    Estimated impact on the private sector: This bill contains 
no private-sector mandates as defined in UMRA.
    Previous CBO cost estimate: On July 16, 1999, CBO prepared 
a cost estimate for H.R. 834, a bill to extend the 
authorization for the National Historic Preservation Fund, as 
ordered reported by the House Committee on Resources on June 
30, 1999. The difference in the estimated costs of the two 
versions of this legislation reflect new assumptions regarding 
the date of enactment.
    Estimate prepared by: Federal cost: Deborah Reis; impact on 
State, local, and tribal governments: Marjorie Miller.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 834. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of H.R. 834, as ordered reported.

                        Executive Communications

    The legislative report received by the Committee from the 
Department of the Interior setting forth Executive agency 
recommendations relating to H.R. 834, is set forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                  Washington, DC, October 25, 1999.
Hon. Frank Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter presents the Department's 
views on H.R. 834, a bill to amend the National Historic 
Preservation Act of 1966 to extend the authorization for the 
Historic Preservation Fund and the Advisory Council on Historic 
Preservation through 2005.
    The Department supports the intent of H.R. 834, but 
believes that it needs to be amended as detailed in this 
report.
    H.R. 834 passed the House on September 22. Besides 
authorizing the Historic Preservation Fund and Advisory Council 
on Historic Preservation through 2005, the bill provides 
increased flexibility to the National Trust for Historic 
Preservation to improve implementation of its statutory 
mission; clarifies the application of the act regarding the 
White House, the Supreme Court and the United States Capitol; 
directs Federal agencies to give first consideration to 
historic properties and districts when locating their 
facilities; and makes a few technical corrections to the act.
    Congress passed the National Historic Preservation Act of 
1966, which established the national historic preservation 
program. While there have been a number of significant 
amendments to the act, one of the most significant was the 
creation of the Historic Preservation Fund in 1976. Congress 
created the Historic Preservation Fund so that revenues from 
the use of Outer Continental Shelf resources could help pay for 
a partial share of the identification, evaluation, and 
protection of our nation's irreplaceable historic and 
archaeological treasures. The creation of the Historic 
Preservation Fund helped to reduce the loss of much of this 
nation's invaluable heritage and established the means for the 
federal government to protect and preserve our nation's 
historic sites, which are the tangible embodiments of America's 
past.
    Under the Historic Preservation Fund, the National Park 
Service provides grant funds to states, tribes, local 
governments, and the National Trust for Historic Preservation 
to carry out, nationwide, the federal mandates authorized under 
the program. In FY 1999, 1,466 new listings were added to the 
National Register of Historic Places, bringing the total number 
of listings to approximately 71,000 and the number of 
individual historic properties to over one million.
    The Historic Preservation Fund also provides partial 
support to the State Historic Preservation Offices. Appointed 
by their respective Governors, State Historic Preservation 
Officers assist individuals and organizations with nominations 
to the National Register of Historic Places, conduct 
comprehensive surveys and maintain information on inventories 
of historic properties, provide assistance and advice to 
federal, state, and local agencies in carrying out their 
historic preservation activities, and provide help to property 
owners in the evaluation of proposals for the federal historic 
preservation tax incentives.
    The Historic Preservation Fund program provides support for 
the preservation and protection of Native American cultural 
heritage and Historically Black Colleges and Universities. 
Further, one of the most recognized federal/state partnerships 
supported through the Historic Preservation Fund is the Federal 
Tax Incentives for Rehabilitating Historic Buildings program, 
which is administered by the National Park Service and State 
Historic Preservation Officers. While the Federal Tax 
Incentives for Rehabilitating Historic Buildings program has 
been successful in preserving historic structures, the program 
also plays an important role in the economic impact on 
communities.
    Under the National Historic Preservation Act of 1966, 
Congress also created the Advisory Council on Historic 
Preservation. An independent federal agency dedicated to 
historic preservation; the Advisory Council is the major policy 
advisor to the federal government on historic preservation. The 
council is comprised of 20 members, including private citizens 
and experts in the field of historic preservation. Its mission 
is to advocate full consideration of historic values in federal 
decision making; to oversee the Section 106 review process, 
which requires federal agency officials to consider the impact 
of their programs and projects on places of historic value; to 
review federal programs and policies to further preservation 
efforts; to provide training, guidance, and information to the 
public and federal entities; and to recommend administrative 
and legislative improvements for protecting the nation's 
heritage.
    The Department strongly supports reauthorization of the 
Advisory Council on Historic Preservation through 2005. The 
council serves a critical role in the national historic 
preservation partnership and remains a vital part of the 
historic preservation success story in this country and 
deserves continued support.
    We support H.R. 834, however, we believe the bill's 
provisions, making the location of federal facilities in 
historic districts a priority, should be amended. H.R. 834 
codifies select provisions of Executive Order 13006 which 
require, under specific circumstances, agencies to give first 
consideration to locating federal facilities in historic 
properties in historic districts, especially those in central 
business districts. Yet, Executive Order 13006 also reaffirms 
the Federal Government's commitment to locating federal 
agencies in urban and rural areas. Significantly, the 
priorities and guidance contained in Executive Order 13006 
represent a balance of agency decision-making discretion, 
existing laws, and federal location priorities that is 
absolutely critical. The Administration believes that codifying 
only the provisions of Executive Order 13006 that make locating 
federal facilities in historic districts a priority, while 
excluding the provisions of the Executive Order that allow 
agencies to balance other executive and statutory location 
mandates, make the location process inflexible and could 
adversely affect the Government's ability to make operationally 
appropriate and economically prudent location decisions. The 
Administration stands ready to work with the Committee to draft 
language that would address these concerns.
    In sum, the Historic Preservation Fund is highly cost 
effective and remains the cornerstone of our public policy on 
historic preservation. It is essential for our national 
historic preservation partnership and a good value for all 
Americans.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                      Donald Barry,
                               Assistant Secretary for Fish
                                            and Wildlife and Parks.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law by H.R. 
834, as ordered 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);

      (THE NATIONAL HISTORIC PRESERVATION ACT OF 1966, AS AMENDED)


(Public Law 89-665)

           *       *       *       *       *       *       *


    Sec. 101. (a) * * *

           *       *       *       *       *       *       *

    (d)(1)(A) * * *

           *       *       *       *       *       *       *

    (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;] Officer; and

           *       *       *       *       *       *       *

    (e)(1) * * *

           *       *       *       *       *       *       *

    [(2) The Secretary shall administer a program of matching 
grant-in-aid to the National Trust for Historic Preservation in 
the United States, chartered by Act of Congress approved 
October 26, 1949 (63 Stat. 927), for the purposes of carrying 
out the responsibilities of the National Trust.]
    (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) * * *

           *       *       *       *       *       *       *

          (ii) for the training and development of skilled 
        labor in trades and crafts, and in analysis and 
        curation, relating to historic [preservation; and] 
        preservation, and

           *       *       *       *       *       *       *

    (j)(1) * * *

           *       *       *       *       *       *       *

    (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] programs; 
        and

           *       *       *       *       *       *       *

    Sec. 102. (a) No grant may be made under this Act--
          (1) unless application therefor is submitted to the 
        Secretary in accordance with regulations and procedures 
        prescribed by him;
          (2) unless the application is in accordance with the 
        comprehensive stateside historic preservation plan 
        which has been approved by the Secretary after 
        considering its relationship to the comprehensive 
        statewide outdoor recreation plan prepared pursuant to 
        the Land and Water Conservation Fund Act of 1965 (78 
        Stat. 897);
          (3) for more than 60 percent of the aggregate costs 
        of carrying out projects and programs under the 
        administrative control of the State Historic 
        Preservation Officer as specified in section 101(b)(3) 
        in any one fiscal [year.] year;

           *       *       *       *       *       *       *

    Sec. 103. (a) The amounts appropriated and made available 
for grants to the States for the [purposes this Act] purposes 
of this Act shall be apportioned among the States by the 
Secretary on the basis of needs as determined by [him:.] him.

           *       *       *       *       *       *       *

    Sec. 108. To carry out provisions of this Act, there is 
hereby established the Historic Preservation Fund (hereafter 
referred to as the ``fund'') in the Treasury of the United 
States.
    There shall be covered into such funds $24,400,000 for 
fiscal year 1977, $100,000,000 for fiscal year 1978, 
$100,000,000 for fiscal year 1979, $150,000,000 for fiscal year 
1980, and $150,000,000 for fiscal year 1981, and $150,000,000 
for each of fiscal years 1982 through [1997] 2005, from 
revenues due and payable to the United States under the Outer 
Continental Shelf Lands Act (67 Stat. 462, 469), as amended 
[(43 U.S.C. 338)] (43 U.S.C. 1338), and/or under the Act of 
June 4, 1920 (41 Stat. 813), as amended (30 U.S.C. 191), 
notwithstanding any provision of law that such proceeds shall 
be credited to miscellaneous receipts of the Treasury. Such 
moneys shall be used only to carry out the purposes of this Act 
and shall be available for expenditure only to carry out the 
purposes of this Act and shall be available for expenditure 
only when appropriated by the Congress. Any moneys not 
appropriated shall remain available in the fund until 
appropriated for sail purposes: Provided, That appropriations 
made pursuant to this paragraph may be made without fiscal year 
limitation.

           *       *       *       *       *       *       *

    Sec. 110. (a)(1) The heads of all Federal agencies shall 
assume responsibility for the preservation of historic 
properties which are owned or controlled by such agency. Prior 
to acquiring, constructing, or leasing buildings for purposes 
of carrying out agency responsibilities, each Federal [agency] 
agency, in accordance with Executive Order 13006, issued May 
21, 1996 (61 F.R. 26071), shall use, to the maximum extent 
feasible, historic properties available to the agency. Each 
agency shall undertake, consistent with the preservation of 
such properties and the mission of the agency and the 
professional standards established pursuant to section 101(g), 
any preservation, as may be necessary to carry out this 
section.

           *       *       *       *       *       *       *

    (b) * * *

           *       *       *       *       *       *       *

    (l) With respect to any undertaking subject to section 106 
which adversely affects any property included in or eligible 
for inclusion in the National Register, and for which a Federal 
agency has not entered into an agreement [with the Council] 
pursuant to regulations issued by the Council, the head of such 
agencyshall document any decision made pursuant to section 106. 
The head of such agency may not delegate his or her responsibilities 
pursuant to such section. Where a section 106 memorandum of agreement 
has been executed with respect to an undertaking, such memorandum shall 
govern the undertaking and all its parts.

           *       *       *       *       *       *       *

    Sec. 112. (a) * * *

           *       *       *       *       *       *       *

    (b)(1) * * *

           *       *       *       *       *       *       *

    (3) encourage the protection of Native American cultural 
items (within the meaning of section 2(3) and (9) of the Native 
American Grave Protection and Repatriation Act [(25 U.S.C. 
30001 (3) and (9))] (25 U.S.C. 3001 (3) and (9))) and of 
properties of religious or cultural importance of Indian 
tribes, Native Hawaiians, or other Native American groups; and
    Sec.  212. (a) The Council shall submit its budget annually 
as a related agency of the Department of the Interior. There 
are authorized to be appropriated for the purposes of this 
title not to exceed $4,000,000 in each fiscal year 1997 through 
[2000] 2005.

           *       *       *       *       *       *       *

    Sec. 301. (1) * * *

           *       *       *       *       *       *       *

    (12)(A) * * *

           *       *       *       *       *       *       *

    (C) which has the authority to--
          (i) review National Register nominations and appeals 
        from nominations;
          (ii) review appropriate documentation submitted in 
        conjunction with the Historic Preservation Fund;
          (iii) provide general advice and guidance to the 
        State Historic Preservation [Officer, and] Officer; and

           *       *       *       *       *       *       *

    Sec. 307. (a) [Except as provided in subsection (b) of this 
section, no] No final regulation of the Secretary shall become 
effective prior to the expiration of thirty calendar days after 
it is published in the Federal Register  during which either or 
both Houses of Congress are in session.
    [(c) Except as provided in subsection (b), the] (b) The  
regulations shall not become effective, if, within ninety 
calendar days of continuous session of Congress adopt a 
concurrent resolution, the matter after the resolving clause of 
which is as follows: ``That Congress disapproves the 
regulations promulgated by the Secretary dealing with the 
matter of ____, which regulation was transmitted to Congress on 
____,'' the blank spaces therein being appropriately filled.
    [(d)] (c) If at the end of sixty calendar days of 
continuous session of Congress after the date of promulgation 
of a regulation, no committee of either House of Congress has 
reported or been discharged from further consideration of a 
concurrent resolution disapproving the regulation, and neither 
House has adopted such a resolution, the regulation may go into 
effect immediately. If, within such sixty calendar days, such a 
committee has reported or been discharged from further 
consideration of such a resolution, the regulation may go into 
effect not sooner than ninety calendar days of continuous 
session of Congress after its promulgation unless disapproved 
as provided for.
    [(e)] (d) For the purposes of this section--
          (1) continuity of session is broken only by an 
        adjournment sine die; and
          (2) the days on which either House is not in session 
        because of an adjournment of more than three days to a 
        day certain are excluded in the computation of sixty 
        and ninety calendar days of continuous session of 
        Congress.
    [(f)] (e) Congressional inaction on or rejection of a 
resolution of disapproval shall not be deemed an expression of 
approval of such regulation.

           *       *       *       *       *       *       *


SEC. 404. PRESERVATION TECHNOLOGY AND TRAINING BOARD.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Membership.--The Board shall be comprised of--
          (1) the Secretary, or the Secretary's designee;
          (2) 6 members appointed by the Secretary who shall 
        represent appropriate Federal, State, and local 
        agencies, State and local historic preservation 
        commissions, and other public and international 
        [organizations, and] organizations; and

           *       *       *       *       *       *       *

                              ----------                              


                          (Public Law 96-199)

    Sec. 101. * * *

           *       *       *       *       *       *       *

    Sec. 114. Section 206 of the Act of October 15, 1966 (80 
Stat. 915), is amended by deleting all of [subsection 6(c)] 
subsection 206(c) and inserting in lieu thereof the following:

           *       *       *       *       *       *       *


                                
