[Weekly Compilation of Presidential Documents Volume 39, Number 10 (Monday, March 10, 2003)]
[Pages 286-289]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13287--Preserve America

March 3, 2003

    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,

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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 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 & 470h-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,

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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.
    (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, agencies, instrumentalities or entities, its officers or 
employees, or any other person.
                                                George W. Bush
 The White House,
 March 3, 2003.

 [Filed with the Office of the Federal Register, 8:45 a.m., March 4, 
2003]

Note: This Executive order was published in the Federal Register on 
March 5.

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