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National Historic Preservation Act of 1966
Public Law 89-665
89th Congress, S. 3035
To establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
(a) that the spirit and direction of the Nation are founded upon and reflected in its historic past;
(b) that the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people;
(c) that, in the face of ever-increasing extensions of urban centers, highways, and residential, commercial, and industrial developments, the present governmental and nongovernmental historic preservation programs and activities are inadequate to insure future generations a genuine opportunity to appreciate and enjoy the rich heritage of our Nation; and
(d) that, although the major burdens of historic preservation have been borne and major efforts initiated by private agencies and individuals, and both should continue to play a vital role, it is nevertheless necessary and appropriate for the Federal Government to accelerate its historic preservation programs and activities, to give maximum encouragement to agencies and individuals undertaking preservation by private means, and to assist State and local governments and the National Trust for Historic Preservation in the United States to expand and accelerate their historic preservation programs and activities.
SEC. 101. (a) The Secretary of the Interior is authorized—
(1) to expand and maintain a national register of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and culture, hereinafter referred to as the National Register, and to grant funds to States for the purpose of preparing comprehensive statewide historic surveys and plans, in accordance with criteria established by the Secretary, for the preservation, acquisition, and development of such properties;
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Buildings and objects, etc. Expansion and maintenance of National Register.
(2) to establish a program of matching grants-in-aid to States Grants to for projects having as their purpose the preservation for public states. benefit of properties that are significant in American history, architecture, archeology, and culture; and
(3) to establish a program of matching grant-in-aid to the National Trust National Trust for Historic Preservation in the United States, for Historic chartered by act of Congress approved October 26, 1949 (63 Stat. Preservation. 927), as amended, for the purpose of carrying out the responsibil- 16 USC 468ities of the National Trust.
8) As used in this Act includes, in addition to the several States "State."
of the Union, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American Samoa.
(2) The term "project" means programs of State and local govern- "Project."
ments and other public bodies and private organizations and indi
viduals for the acquisition of title or interests in, and for the develop
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Conditions for grants.
16 USC 4601-4 note.
ment of, any district, site, building, structure, or object that is significant in American history, architecture, archeology, and culture, or property used in connection therewith, and for its development in order to assure the preservation for public benefit of any such historical properties.
(3) The term "historic preservation" includes the protection, rehabilitation, restoration, and reconstruction of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, or culture.
(4) The term "Secretary" means the Secretary of the Interior. 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 statewide 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 50 per centum of the total cost involved, as determined by the Secretary and his determination shall be final; (4) unless the grantee has agreed to make such reports, in such form and containing such information as the Secretary may from time to time require;
(5) unless the grantee has agreed to assume, after completion of the project, the total cost of the continued maintenance, repair, and administration of the property in a manner satisfactory to the Secretary; and
(6) until the grantee has complied with such further terms and conditions as the Secretary may deem necessary or advisable. (b) The Secretary may in his discretion waive the requirements of subsection (a), paragraphs (2) and (5) of this section for any grant under this Act to the National Trust for Historic Preservation in the United States, in which case a grant to the National Trust may include funds for the maintenance, repair, and administration of the property in a manner satisfactory to the Secretary.
(c) No State shall be permitted to utilize the value of real property obtained before the date of approval of this Act in meeting the remaining cost of a project for which a grant is made under this Act. SEC. 103. (a) The amounts appropriated and made available for grants to the States for comprehensive statewide historic surveys and plans under this Act shall be apportioned among the States by the Secretary on the basis of needs as determined by him: Provided, however, That the amount granted to any one State shall not exceed 50 per centum of the total cost of the comprehensive statewide historic survey and plan for that State, as determined by the Secretary.
(b) The amounts appropriated and made available for grants to the States for projects under this Act for each fiscal year shall be apportioned among the States by the Secretary in accordance with needs as disclosed in approved statewide historic preservation plans. The Secretary shall notify each State of its apportionment, and the amounts thereof shall be available thereafter for payment to such State for projects in accordance with the provisions of this Act. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given, and for two fiscal years thereafter, shall be reapportioned by the Secretary in accordance with this subsection.
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SEC. 104. (a) No grant may be made by the Secretary for or on Coordination account of any survey or project under this Act with respect to which with other Fedfinancial assistance has been given or promised under any other Fed- eral programs. eral program or activity, and no financial assistance may be given under any other Federal program or activity for or on account of any survey or project with respect to which assistance has been given or promised under this Act.
(b) In order to assure consistency in policies and actions under this Act with other related Federal programs and activities, and to assure coordination of the planning acquisition, and development assistance to States under this Act with other related Federal programs and activities, the President may issue such regulations with respect thereto as he deems desirable, and such assistance may be provided only in accordance with such regulations.
SEC. 105. The beneficiary of assistance under this Act shall keep such Records. records as the Secretary shall prescribe, including records which fully disclose the disposition by the beneficiary of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
SEC. 106. The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under title II of this Act a reasonable opportunity to comment with regard to such undertaking.
SEC. 107. Nothing in this Act shall be construed to be applicable to Exemptions. the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds.
SEC. 108. There are authorized to be appropriated not to exceed Appropriation. $2,000,000 to carry out the provisions of this Act for the fiscal year 1967, and not more than $10,000,000 for each of the three succeeding fiscal years. Such appropriations shall be available for the financial assistance authorized by this title and for the administrative expenses of the Secretary in connection therewith, and shall remain available until expended.
SEC. 201. (a) There is established an Advisory Council on Historic Preservation (hereinafter referred to as the "Council") which shall
be composed of seventeen members as follows:
(1) The Secretary of the Interior.
(2) The Secretary of Housing and Urban Development.
(3) The Secretary of Commerce.
(4) The Administrator of the General Services Administration.
(6) The Attorney General.
(7) The Chairman of the National Trust for Historic Preservation.
Advisory Council on Historic Preservation, membership.