[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Presidential Documents]
[Pages 10635-10638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-05344]


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  Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / 
Presidential Documents  
 Title 3--
 The President

[[Page 10635]]

                Executive Order 13287 of March 3, 2003

                
Preserve America

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the National Historic Preservation 
                Act (16 U.S.C. 470 et seq.) (NHPA) and the National 
                Environmental Policy Act (42 U.S.C. 4321 et seq.), it 
                is hereby ordered:

                Section 1. Statement of Policy. It is the policy of the 
                Federal Government to provide leadership in preserving 
                America's heritage by actively advancing the 
                protection, enhancement, and contemporary use of the 
                historic properties owned by the Federal Government, 
                and by promoting intergovernmental cooperation and 
                partnerships for the preservation and use of historic 
                properties. The Federal Government shall recognize and 
                manage the historic properties in its ownership as 
                assets that can support department and agency missions 
                while contributing to the vitality and economic well-
                being of the Nation's communities and fostering a 
                broader appreciation for the development of the United 
                States and its underlying values. Where consistent with 
                executive branch department and agency missions, 
                governing law, applicable preservation standards, and 
                where appropriate, executive branch departments and 
                agencies (``agency'' or ``agencies'') shall advance 
                this policy through the protection and continued use of 
                the historic properties owned by the Federal 
                Government, and by pursuing partnerships with State and 
                local governments, Indian tribes, and the private 
                sector to promote the preservation of the unique 
                cultural heritage of communities and of the Nation and 
                to realize the economic benefit that these properties 
                can provide. Agencies shall maximize efforts to 
                integrate the policies, procedures, and practices of 
                the NHPA and this order into their program activities 
                in order to efficiently and effectively advance 
                historic preservation objectives in the pursuit of 
                their missions.

                Sec. 2. Building Preservation Partnerships. When 
                carrying out its mission activities, each agency, where 
                consistent with its mission and governing authorities, 
                and where appropriate, shall seek partnerships with 
                State and local governments, Indian tribes, and the 
                private sector to promote local economic development 
                and vitality through the use of historic properties in 
                a manner that contributes to the long-term preservation 
                and productive use of those properties. Each agency 
                shall examine its policies, procedures, and 
                capabilities to ensure that its actions encourage, 
                support, and foster public-private initiatives and 
                investment in the use, reuse, and rehabilitation of 
                historic properties, to the extent such support is not 
                inconsistent with other provisions of law, the 
                Secretary of the Interior's Standards for Archeology 
                and Historic Preservation, and essential national 
                department and agency mission requirements.

                Sec. 3. Improving Federal Agency Planning and 
                Accountability. (a) Accurate information on the state 
                of Federally owned historic properties is essential to 
                achieving the goals of this order and to promoting 
                community economic development through local 
                partnerships. Each agency with real property management 
                responsibilities shall prepare an assessment of the 
                current status of its inventory of historic properties 
                required by section 110(a)(2) of the NHPA (16 U.S.C. 
                470h-2(a)(2)), the general condition and management 
                needs of such properties, and the steps underway or 
                planned to meet those management needs. The assessment 
                shall also include an evaluation of the suitability of 
                the agency's types of historic properties to contribute 
                to community economic development initiatives, 
                including heritage tourism, taking into

[[Page 10636]]

                account agency mission needs, public access 
                considerations, and the long-term preservation of the 
                historic properties. No later than September 30, 2004, 
                each covered agency shall complete a report of the 
                assessment and make it available to the Chairman of the 
                Advisory Council on Historic Preservation (Council) and 
                the Secretary of the Interior (Secretary).

                    (b) No later than September 30, 2004, each agency 
                with real property management responsibilities shall 
                review its regulations, management policies, and 
                operating procedures for compliance with sections 110 
                and 111 of the NHPA (16 U.S.C. 470h-2 & 470-3) and make 
                the results of its review available to the Council and 
                the Secretary. If the agency determines that its 
                regulations, management policies, and operating 
                procedures are not in compliance with those 
                authorities, the agency shall make amendments or 
                revisions to bring them into compliance.
                    (c) Each agency with real property management 
                responsibilities shall, by September 30, 2005, and 
                every third year thereafter, prepare a report on its 
                progress in identifying, protecting, and using historic 
                properties in its ownership and make the report 
                available to the Council and the Secretary. The Council 
                shall incorporate this data into a report on the state 
                of the Federal Government's historic properties and 
                their contribution to local economic development and 
                submit this report to the President by February 15, 
                2006, and every third year thereafter.
                    (d) Agencies may use existing information gathering 
                and reporting systems to fulfill the assessment and 
                reporting requirements of subsections 3(a)-(c) of this 
                order. To assist agencies, the Council, in consultation 
                with the Secretary, shall, by September 30, 2003, 
                prepare advisory guidelines for agencies to use at 
                their discretion.
                    (e) No later than June 30, 2003, the head of each 
                agency shall designate a senior policy level official 
                to have policy oversight responsibility for the 
                agency's historic preservation program and notify the 
                Council and the Secretary of the designation. This 
                senior official shall be an assistant secretary, deputy 
                assistant secretary, or the equivalent, as appropriate 
                to the agency organization. This official, or a 
                subordinate employee reporting directly to the 
                official, shall serve as the agency's Federal 
                Preservation Officer in accordance with section 110(c) 
                of the NHPA. The senior official shall ensure that the 
                Federal Preservation Officer is qualified consistent 
                with guidelines established by the Secretary for that 
                position and has access to adequate expertise and 
                support to carry out the duties of the position.

                Sec. 4. Improving Federal Stewardship of Historic 
                Properties. (a) Each agency shall ensure that the 
                management of historic properties in its ownership is 
                conducted in a manner that promotes the long-term 
                preservation and use of those properties as Federal 
                assets and, where consistent with agency missions, 
                governing law, and the nature of the properties, 
                contributes to the local community and its economy.

                    (b) Where consistent with agency missions and the 
                Secretary of the Interior's Standards for Archeology 
                and Historic Preservation, and where appropriate, 
                agencies shall cooperate with communities to increase 
                opportunities for public benefit from, and access to, 
                Federally owned historic properties.
                    (c) The Council is directed to use its existing 
                authority to encourage and accept donations of money, 
                equipment, and other resources from public and private 
                parties to assist other agencies in the preservation of 
                historic properties in Federal ownership to fulfill the 
                goals of the NHPA and this order.
                    (d) The National Park Service, working with the 
                Council and in consultation with other agencies, shall 
                make available existing materials and information for 
                education, training, and awareness of historic property 
                stewardship to ensure that all Federal personnel have 
                access to information and can develop the skills 
                necessary to continue the productive use of Federally 
                owned historic properties while meeting their 
                stewardship responsibilities.

[[Page 10637]]

                    (e) The Council, in consultation with the National 
                Park Service and other agencies, shall encourage and 
                recognize exceptional achievement by such agencies in 
                meeting the goals of the NHPA and this order. By March 
                31, 2004, the Council shall submit to the President and 
                the heads of agencies recommendations to further 
                stimulate initiative, creativity, and efficiency in the 
                Federal stewardship of historic properties.

                Sec. 5. Promoting Preservation Through Heritage 
                Tourism.

                    (a) To the extent permitted by law and within 
                existing resources, the Secretary of Commerce, working 
                with the Council and other agencies, shall assist 
                States, Indian tribes, and local communities in 
                promoting the use of historic properties for heritage 
                tourism and related economic development in a manner 
                that contributes to the long-term preservation and 
                productive use of those properties. Such assistance 
                shall include efforts to strengthen and improve 
                heritage tourism activities throughout the country as 
                they relate to Federally owned historic properties and 
                significant natural assets on Federal lands.
                    (b) Where consistent with agency missions and 
                governing law, and where appropriate, agencies shall 
                use historic properties in their ownership in 
                conjunction with State, tribal, and local tourism 
                programs to foster viable economic partnerships, 
                including, but not limited to, cooperation and 
                coordination with tourism officials and others with 
                interests in the properties.

                Sec. 6. National and Homeland Security Considerations.

                Nothing in this order shall be construed to require any 
                agency to take any action or disclose any information 
                that would conflict with or compromise national and 
                homeland security goals, policies, programs, or 
                activities.

                Sec. 7. Definitions. For the purposes of this order, 
                the term ``historic property'' means any prehistoric or 
                historic district, site, building, structure, and 
                object included on or eligible for inclusion on the 
                National Register of Historic Places in accordance with 
                section 301(5) of the NHPA (16 U.S.C. 470w(5)). The 
                term ``heritage tourism'' means the business and 
                practice of attracting and accommodating visitors to a 
                place or area based especially on the unique or special 
                aspects of that locale's history, landscape (including 
                trail systems), and culture. The terms ``Federally 
                owned'' and ``in Federal ownership,'' and similar 
                terms, as used in this order, do not include properties 
                acquired by agencies as a result of foreclosure or 
                similar actions and that are held for a period of less 
                than 5 years.

                Sec. 8. Judicial Review. This order is intended only to 
                improve the internal management of the Federal 
                Government and it is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or equity by a party against the 
                United States, its departments,

[[Page 10638]]

                agencies, instrumentalities or entities, its officers 
                or employees, or any other person.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     March 3, 2003.

[FR Doc. 03-05344
Filed 3-4-03; 8:45 am]
Billing code 3195-01-P