National Historic Preservation Amendments of 1979

National Historic Preservation Amendments of 1979 - Amends the Act known as the "National Historic Preservation Act of 1966" to officially entitle such Act the "National Historic Preservation Act." Declares under such Act, that it is the duty of the Federal Government, in cooperation with other nations, the States, local communities, and private organizations and individuals, to promote the preservation and conservation of the historic, architectural, archaeological, and cultural resources of the United States and of the international community of Nations. Declares that the Federal government shall give priority to preservation activities for the revitalization of urban areas, the conservation of agricultural areas, the creation of local employment opportunities, and the conservation of energy. Amends such Act by designating titles I and II as labeled herein by making substantive changes, and by adding a new title, Title III.

Title I: Federal and State Preservation Programs - National Register of Historic Places - Directs the Administrator for Historic Preservation appointed pursuant to this Act, to establish and maintain a National Register of Historic Places at the national, State, or local level in accordance with procedures set forth in this Act. Requires that such properties shall: (1) be of national or world heritage significance; (2) involve a direct or indirect public investment; and (3) be legally dedicated to preservation.

Directs the Administrator, not later than one year after his initial appointment, to establish an inventory of historic resources on a State-by-State basis. Declares that those properties which are determined to meet criteria of significance, but which lack the other requirements for inclusion in the National Register, shall be designated as eligible for inclusion on the Register. Makes such inventory available to all Federal, State, and local government departments, agencies, and instrumentalities. Requires the Administrator to promulgate regulations concerning nondisclosure to the public of any property location where such disclosure would be likely to endanger the property.

Directs the Administrator to review, during the one-year period following enactment of this Act, all properties included in the National Register under prior authority of law. Requires the Administrator to include each property designated as a national historic landmark under prior authority and each property which meets the requirements of this Act in the National Register. Provides that those properties included in the Register under prior authority, but which do not meet all the requirements under this Act shall be designated in the inventory as eligible properties.

Allows any State or local government carrying out an approved program under this Act or any Federal agency to nominate a property for inclusion in the Register or for inclusion in the inventory as an eligible property. Requires such information to be included in the Register, as appropriate, unless the Administrator disapproves such nomination within 30 days of its receipt. Allows the Administrator to accept a nomination from any person, if the property nominated is located in a State or political subdivision where there is no approved program. Requires the Administrator to determine the eligibility or inclusion of such property in the Register.

Allows the Administrator on his own motion or at the request of any person, to include any property on the inventory and designate such property as eligible if he determines such property meets the requirements of this Act.

Declares that a property shall be considered of national significance when: (1) the Congress so designates a property; (2) a property is included in the National Park System as a historical unit; or (3) the Administrator determines the property to be of national significance. States that a property shall be considered to be of world heritage significance when it is included in the world heritage list maintained in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage.

Declares that a property shall be considered a public investment if government agency fund expenditures directly or indirectly contribute substantially to the preservation of such property, or if a Federal income tax deduction or similar State or local measure is taken with respect to the amortization of amounts spent for rehabilitation of a certified historic structure.

Provides that a property shall be treated as legally dedicated to preservation when: (1) an easement, or other property interest, requiring preservation of significant features of such property for not less than 30 years is held by any person or government entity or is otherwise legally binding on the owner; (2) such property is under ownership and managed for preservation; or (3) State or local law provides for the designation or preservation of such property.

Requires the Administrator to promulgate regulations to carry out the purposes of this Act.

Directs the Administrator to establish and administer grant-in-aid programs to States and the National Trust for Historic Preservation, and programs of direct grants, loans or loan guarantees for historic preservation.

Authorizes the Administrator to make grants to States, upon application, for programs approved under this Act. Prohibits such grants from paying more than 50 percent of the costs of such programs. Requires the Administrator, upon approval of such programs, to evaluate such programs every four years to determine whether or not such programs are in compliance with the requirements of this Act. Requires the Administrator to conduct periodic fiscal audits of the receipts of federal grants. States that State and local governments may assume the responsibility for financial and compliance audits of Federal grants received by them and other persons or organizations, and their subgrantees.

Declares that the Federal government shall be responsible for audits which deal with economy, efficiency, and program results and for assuring that such financial and compliance audits are conducted under generally accepted audit standards.

Directs State and local governments receiving grants to set forth in writing criteria by which they judge whether they are meeting program requirements, to be available for use by the auditors. Directs the Administrator to reimburse State and local governments for actual expenses incurred in conducting such audits.

Sets forth the following requirements for approval of State program: (1) designation by the Governor of a State historic preservation officer; (2) transfer of not less than 50 percent of the grants received to political subdivisions of the State having preservation programs; (3) provision of financial mechanisms for the development of properties on the National Register or in the inventory of historic resources; (4) provision of mechanisms for the acquisition, acceptance of donations, and dedication of fee title in applicable properties; (5) provisions for relocation assistance to persons or businesses affected within the historic district; (6) gives priority to projects that will conserve energy, are labor intensive, or will further urban revitalization or agricultural conservation; and (7) provision of a mechanism for the identification, evaluation, and protection of historic properties within the State.

Sets forth restrictions for grants made under this Act for the improvement of properties, and prohibits grants made for any single property to exceed $50,000. Prohibits any grant to any State in any fiscal year to exceed ten percent of such funds to carry out a comprehensive statewide survey of historic resources. Requires no more than 15 percent of such grant to be used for improvement of government buildings used for governmental purposes.

Sets forth procedures for the allocation by States of grants to political subdivisions.

Allows the Administrator to allocate funds to any political subdivision of any State that does not have an approved program within two years after the date of enactment of this Act.

Sets forth procedures for approval of State historic preservation programs in effect under prior authority of law.

Sets forth conditions for grants and loans that may be made by the Administrator for: (1) the preservation of properties of national or world heritage significance; (2) demonstration projects to preserve any eligible property or property on the National Register; (3) the training and development of skilled labor in trades and crafts relating to historic preservation; and (4) Indian tribes for the preservation of historic properties. Provides that any such loans made by the Administrator shall be at an interest rate determined by the Secretary of the Treasury guided by applicable provisions of this Act.

Authorizes the Administrator to make loan guarantees for any project approved by the State historic preservation officer, or the chief elected official of any State that does not have an approved program. Sets forth conditions for loans and loan guarantees made by the Administrator in consultation with the Secretary of the Treasury.

Authorizes the Administrator to deem any portion of any record, material, or data received in connection with any financial application as privileged or confidential within the meaning of applicable law.

Title II: Federal Authorities and Responsibilities - National Historic Preservation Agency - Establishes as an independent agency a Historic Preservation Agency to be under the direction of the Administrator for Historic Preservation, appointed by the President by and with the advice and consent of the Senate.

Directs the President to establish an Advisory Council on Historic Preservation to be composed of the following members: (1) the Secretary of the Interior and the Architect of the Capitol; (2) four agency heads (other than the Department of the Interior) whose activities affect historic preservation; (3) a representative of the National Conference of State Historic Preservation Officers and five professionals in the fields of history, architecture, archaeology, urban planning, or related disciplines; (4) three State governors or mayors; and (5) three at large members of the general public. Sets forth requirements and procedures to be followed in the operation of the Council.

Requires the Council, when transmitting legislative recommendations, testimony, or comments on legislation to the President or the Office of Management and Budget, to concurrently transmit such copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources.

Sets forth the duties of the Administrator including: (1) advising the President and the Congress on matters relating to historic preservation; (2) encouraging public interest and participation in historic preservation; (3) conducting studies relating to historic preservation and the effects of tax policies on such preservation; (4) assisting State and local governments in drafting appropriate legislation; and (5) providing training and education in the field of historic preservation. Requires the Administrator to submit an annual comprehensive report of his activities and the results of his studies to the President and the Congress.

Directs the Administrator, consistent with the provisions of this Act, to institute a program of education and training relating to historic preservation to Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations connected with the World Heritage Convention. Directs the Administrator to increase the awareness of historic resources and preservation among the student population of the United States, and to establish a program for training and development of skilled labor in trades and crafts relating to historic preservation.

Requires the Administrator to review the policies and programs of Federal agencies whose activities are under the purview of this Act. Directs the Administrator to promulgate guidelines relative to archaeological and historical data for Federal agencies consistent with provisions of this Act.

Directs the Administrator, within one year after his appointment, to establish, jointly with the Secretaries of the Interior, Agriculture, and Defense, and the Administrator of the General Services Administration, standards for the management and preservation of federally owned historic properties.

Directs the Administrator to review and approve the plans of transferees of surplus federally owned properties eligible for or on the National Register to ensure historic preservation in the rehabilitation of such properties.

Requires all Federal agencies administering any program of Federal assistance to any State or local government or under which any Federal approval is required to coordinate such program with the purposes of this Act. Requires such agencies to submit proposals to the Administrator, within 180 days after his appointment, relative to their preservation activities.

Directs the Administrator to designate national historic landmarks and world heritage properties and to submit such designations to the appropriate Congressional committees 30 days before such designations become effective.

Directs the Administrator to encourage and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage and other international historic preservation activities in cooperation with the Secretaries of the Interior and State, and the Smithsonian Institution.

Requires the Administrator to establish a program to nominate historic properties to the World Heritage Committee on behalf of the United States. Requires such nominations to be submitted to the appropriate Congressional committees 60 days prior to the intended action.

Authorizes the participation of the United States as a member of the International Centre for the Study of the Preservation and Restoration of Cultural Property. Authorizes the appropriation of the sums necessary for United States membership in the Centre for fiscal years 1979 through 1989.

Directs the Administrator to establish a program to encourage tourism by people of other nations to historic properties of the United States, reflecting the diverse ethnic and cultural heritages of the citizens of the United States.

Requires each Federal agency to notify the Administrator 45 days prior to any undertaking outside the United States that may affect a property on the World Heritage list or which has been nominated for inclusion on such list.

Requires the head of each Federal agency to designate a Preservation Officer responsible for coordinating the agency's activities under this Act. Requires each agency having jurisdiction or control over properties on the National Register to submit property management plans to the Administrator for comment within one year after the date of enactment of this Act.

Directs the Secretary of the Interior to study and investigate properties included in the National Register which are under the jurisdiction or control of Federal agencies. Authorizes the Secretary to recommend to the President the transfer of administrative jurisdiction or control of such properties to him as a unit of the National Park System. Requires such recommendation to be concurrently submitted to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Authorizes the Secretary, upon the concurrence of the Administrator, to accept gifts or donations of less than fee interests in any properties in the National Register, where such acceptance will facilitate the preservation of such property.

Authorizes each Federal agency having authority for management of any real property, with the concurrence of the Administrator, to lease or exchange with any person or organization the management of properties on the National Register. Requires the proceeds of such leases to be retained by the agency to defray the expenses with respect to such properties, and the surplus proceeds to be deposited in the United States Treasury. Allows the heads of such agencies to enter into contracts for the management of such properties.

Directs all Federal agencies to cooperate with purchasers and transferees of eligible property or property included in the National Register in the development of plans for uses of such property compatible with preservation and conservation objectives without imposing unreasonable economic burdens on public or private interests.

Requires each Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State to survey the affected area to determine the effect of such undertaking on the protection of historic properties. Authorizes the Administrator to promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from the requirements of this Act.

Authorizes all Federal agencies to expend appropriated funds for purposes of this Act.

Requires each Federal agency to provide the Administrator a 45-day comment period with respect to any program or policy that may affect historic properties.

Title III: General, Administrative, and Miscellaneous Provisions - Defines terms used in this Act. Establishes a Historic Preservation Fund in the Treasury of the United States to be funded from revenues due to payable to the United States under the Outer Continental Shelf Lands Act or the Act of June 4, 1920, or both. States that not less than two- thirds of appropriated funds shall be available for grants to States, and not more than one-third shall be available for other grants or loans and for the Administrator to carry out his duties under this Act.

Directs the Administrator to establish regulations to insure maximum public participation in all activities of the Administrator, the Council, and other Federal agencies carrying out requirements under this Act.

Declares that grants made under this Act may not be used to satisfy requirements of other provisions of law requiring matching by State or local funds nor shall they be treated as taxable income for purposes of the Internal Revenue Code of 1954.

Grants attorney fees to any person who prevails in any civil action brought in any United States district court against any Federal agency to enforce the requirement relating to the protection of historic properties in connection with the action of a Federal agency.

Authorizes the Administrator to establish an annual preservation awards program under which he makes awards to Federal, State, or local government officers or employees in recognition of their outstanding contributions to the preservation of historic resources. Allows the President to make such award to any citizen of the United States recommended for the award by the Administrator. Directs the Administrator to promulgate regulations for carrying out the awards program.

Authorizes the Administrator to delegate to any State having an approved program under this Act the authority to carry out responsibilities under the National Environmental Policy Act of 1969 with respect to such approved program.

Transfers the provisions of various Acts relating to historic preservation responsibilities from the Secretary of the Interior to the Administrator for Historic Preservation.

Authorizes the Administrator to issue an order to postpone for 60 days any action undertaken, or being undertaken, by any Federal agency, or agency or instrumentality of a State or local government, or by any other person if such action may adversely affect any property included in the National Register. Directs the Administrator, during the period, to endeavor to develop an acceptable preservation plan for the affected property, or to exercise his emergency acquisition authority provided under this Act. Provides procedures for the assessment of civil penalties for violations of such orders, and for judicial review in the United States District Court for the District of Columbia or any other district in which such person resides. Provides procedures for administrative hearings for the assessment of civil penalties.

Establishes the Pension Building in Washington, District of Columbia, as a national historic site to be named the "National Center for the Building Arts." Requires the Administrator of the General Services Administration to transfer such building and lands to the jurisdiction of the Secretary of the Interior. Directs the Secretary to administer the management of the Center in accordance with provisions of this Act, and other Acts generally applicable to units of the National Park System. Appropriates $15,000,000 to be used for the renovation of the Center.

Establishes a Building Arts Foundation and specifies programs it shall carry out relating to the building arts. Directs the Foundation to coordinate its activities with other public and private organizations and individuals in order to avoid duplication of efforts relating to the functions of the Foundation. Establishes a Board of Directors of the Foundation and provides for the funding of the Foundation.

Directs the General Accounting Office to review and audit regularly the accounts of the Foundation to determine the ability of the Foundation to pay for the functions of the Center.

Requires the Foundation to submit annually a report to the appropriate congressional committees containing a statement of its activities pursuant to this Act, and a proposal for its programs during the succeeding four years.

Provides emergency acquisition procedures for the Administrator for any properties eligible for or in the National Register where such properties are threatened with demolition or impairment.

Directs the Administrator, in consultation with the American Folklife Center of the Library of Congress and the Building Arts Foundation, to report within two years after the date of enactment of this Act, to the President and the Congress on preserving and conserving the intangible elements of our cultural heritage. Requires the report to include recommendations for legislative and administrative action by the Federal Government relating to such heritage.

Directs the Administrator for the Historic Preservation Agency to submit the following reports: (1) to the President and the Congress within eight years on the operation of the Historic Preservation Fund; (2) to the Congress within 90 days of his appointment on his study of the Pennsylvania Avenue Development Corporation; (3) to the President and the Congress within one year of his appointment on recommendations with respect to Federal tax laws relating to historic preservation; and (4) to the President and the Congress within two years of enactment of this Act on recommendations for the creation of a National System of Cultural Parks.