National Historic Preservation Act Amendments of 1980

(Measure passed House, amended)

National Historic Preservation Act Amendments of 1980 - =Title I: Findings and Policy of National Historic Preservation Act= - Amends the Act of October 15, 1966, to officially entitle such Act the"National Historic Preservation Act." States that the Congress finds and declares that: (1) historic properties significant to the Nation's heritage are being lost or substantially altered; (2) the preservation of this irreplaceable heritage is in the public interest; and (3) the increased knowledge of our historic resources, the establishment of better means of identifying and administering them, and the encouragement of their preservation will improve the planning and execution of Federal and federally assisted projects and will assist economic growth and development.

Declares that it shall be the policy of the Federal Government, in cooperation with other nations and in partnership with the States, local governments, Indian tribes, and private organizations and individuals, to: (1) use measures to foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony; (2) provide leadership in the preservation of the prehistoric and historic resources of the United States and of the international community of nations; (3) administer federally owned, administered, or controlled prehistoric and historic resources; (4) contribute to the preservation of nonfederally owned prehistoric and historic resources; (5) encourage the public and private preservation and utilization of all usable elements of the Nation's environment; and (6) 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.

=Title II: Historic Preservation Program= - Authorizes the Secretary of the Interior to expand and maintain a National Register of Historic Places composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. Declares that properties meeting the criteria for National Historic Landmarks established pursuant to such Act shall be designated as "National Historic Landmarks" and be included on the National Register. Deems all historic properties included on the National Register on the date of the enactment of this Act to be included on the National Register. Deems all historic properties included on the National Register on the date of enactment to be included on the National Register as of their initial listing. Declares all historic properties listed in the Federal Register of February 6, 1979, as "National Historic Landmarks" or thereafter prior to the effective date of this Act to be National Historic Landmarks of national historic significance as of their initial listing for the purposes of this Act. States that in cases of National Historic Landmark districts for which no boundaries have been established, boundaries must first be published in the Federal Register and submitted to specified Congressional committees.

Directs the Secretary, in consultation with national historical and archeological associations, to establish or revise criteria for properties to be included on the National Register and criteria for National Historic Landmarks, and to promulgate or revise regulations as may be necessary for: (1) nominating properties for inclusion in, and removal from, the National Register ; (2) designating properties as National Historic Landmarks and removing such designation; (3) considering appeals from such recommendations, nominations, removals, and designations; (4) nominating historic properties for inclusion in the World Heritage List; (5) making determinations of eligibility of properties for inclusion on the National Register; and (6) notifying the property owners, any appropriate local governments, and the general public when a property is being considered for inclusion on the National Register, for designation as a National Historic Landmark or for nomination to the World Heritage List.

Permits any State which is carrying out a program approved pursuant to such Act to nominate to the Secretary properties which meet the established criteria for inclusion on the National Register. Permits the Secretary to accept such a nomination directly from any person or local government if such property is located in a State where there is no such program. Provides for a review of such nominations by the Secretary.

Permits any person or local government to appeal such nominations of any historic property for inclusion on the National Register and to appeal the failure or refusal of a nominating authority to nominate a property.

Requires the Secretary to promulgate regulations requiring that owners be notified and given an opportunity to concur in or object to inclusion of a property on such Register or designation of a property as a National Historic Landmark. Prohibits such inclusion or designation if the property owners object. Directs the Secretary to review for eligibility the nomination of the property and district where any such objection has been made and to inform certain officials and property owners of such eligibility determination.

Directs the Secretary to promulgate or revise regulations for: (1) ensuring that significant prehistoric and historic artifacts and associated records are deposited in an institution with adequate long-term ouratorial capabilities; (2) establishing a uniform process and standards for documenting historic properties by public agencies and private parties for purposes of incorporation into, or complementing, the national historical architectural and engineering records within the Library of Congress; and (3) certification of local governments by State Preservation Officers to carry out historic preservation programs and for the allocation of funds to States with approved historic preservation programs.

Directs the Secretary, in consultation with the National Conference of State Historic Preservation Officers and the National Trust for Historic Preservation, to promulgate or revise regulations providing that the Secretary will approve a State Historic Preservation Program that: (1) provides for the designation and appointment by the Governor of a "State Historic Preservation Officer"; (2) provides for an adequate and qualified State historic preservation review board; and (3) provides for adequate public participation in the State Historic Preservation Program. Requires the Secretary, periodically, but not less than every four years after the approval of any State program, to evaluate such program to determine whether or not it is in compliance with the requirements of such Act.

Directs the Secretary, if at any time a State program does not comply with such requirements, to disapprove such program and suspend in whole or in part assistance to such State, unless there are adequate assurances that the program will comply with such requirements within a reasonable period of time. Permits the Secretary to conduct periodic fiscal audits of such approved State programs.

Sets forth the responsibilities of the State Historic Preservation Officer.

Permits any State to carry out all or any part of its responsibilities under the State program by contract or cooperative agreement with any qualified nonprofit organization or educational institution.

Requires any approved State program to provide a mechanism for the certification by the State Historic Preservation Officer of local governments to carry out the purposes of such Act and provide for the transfer of a portion of the grants received by the State under such Act, to such local governments. Permits the Secretary, where there is no approved State program, to certify such local government. Sets forth procedures to be followed before a property within the jurisdiction of a certified local government may be considered by the State to be nominated to the Secretary for inclusion on the National Register.

Directs the Secretary to administer a program of matching grants-in-aid to the States for historic preservation projects and State historic preservation programs.

Directs the Secretary to administer: (1) a program of matching grant-in-aid to the National Trust for Historic Preservation for the purposes of carrying out the responsibilities of the National Trust; and (2) a program of direct grants for the preservation of properties included on the National Register.

Authorizes the Secretary, in consultation with the appropriate State Historic Preservation Officer, to make grants or loans or both to Indian tribes and to nonprofit organizations representing ethnic or minority groups for the preservation of their cultural heritage.

Directs the Secretary, in consultation with the Advisory Council on Historic Preservation, to promulgate guidelines for Federal agency responsibilities for preservation of historic properties.

Directs the Secretary to establish, in consultation with the Secretaries of Agriculture and Defense, the Smithsonian Institution, and the Administrator of the General Services Administration, professional standards for the preservation of historic properties in Federal ownership or control.

Directs the Secretary to provide 70 percent of the aggregate cost involved in any one fiscal year for the costs of State or local historic surveys or inventories. Requires that the State share of such costs be contributed by non-Federal sources, except as permitted by other law. Prohibits the treatment of any grant made pursuant to such Act as taxable income for purposes of the Internal Revenue Code of 1954. Requires the Secretary to notify each State of its apportionment within 30 days following the date of enactment of legislation appropriating funds under such Act.

Requires a minimum of ten percent of the annual apportionment to each State to be transferred by the State to certified local governments for historic preservation projects or programs of such local governments. Directs the Secretary to establish guidelines for the use and distribution of such funds to insure that no local government receives a disproportionate share of the funds available.

Directs the Secretary to establish and maintain a program by which the Secretary may, upon application of a private lender, insure loans (including loans made in accordance with a mortgage), which meet specified conditions, made by such lender to finance any project for the preservation of a property included on the National Register. Requires the Secretary to consult with the Secretary of the Treasury regarding the interest rate of such loans. Requires the Secretary to specify, by rule and in each contract entered into, the conditions and method of payment to a private lender as a result of losses incurred by the lender on any loan so insured.

Prohibits any debt obligation which is made or committed to be made, or which is insured or committed to be insured, by the Secretary under this Act from being eligible for purchase by, or commitment to purchase by, or sale or issuance to, the Federal Financing Bank.

Authorizes appropriations through fiscal year 1987 to carry out such historic preservation grants.

Requires the heads of all Federal agencies to assume responsibility for the preservation of historic properties which are owned or controlled by such agency.

Requires each Federal agency, with the advice of the Secretary and in cooperation with the State historic preservation officer for the State involved, to establish a program to locate, inventory, and nominate to the Secretary all properties under the agency's ownership or control by the agency, that appear to qualify for inclusion on the National Register.

Requires each Federal agency to initiate measures to assure that where, as a result of Federal action or assistance carried out by such agency, an historic property is to be substantially altered or demolished, timely steps are taken to make or have made appropriate records, and that such records then be deposited in the Library of Congress or with such other appropriate agency as may be designated by the Secretary, for future use and reference.

Requires the head of each Federal agency to designate a qualified official to be known as the agency's "preservation officer" who shall be responsible for coordinating that agency's activities under such Act.

Requires the Secretary to review and approve the plans of transferees of surplus federally owned historic properties to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced.

Directs each Federal agency to include the costs of preservation activities of such agency under this Act as eligible project costs in all undertakings of such agency or assisted by such agency.

Requires the Secretary to establish an annual preservation awards program under which he may make monetary awards in amounts of not to exceed $1,000 and provide citations for special achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic resources.

Permits any Federal agency, after consultation with the Advisory Council on Historic Preservation, to lease an historic property owned by such agency to any person or organization or exchange any property owned by such agency with comparable historic property.

Permits the head of any Federal agency having responsibility for the management of any historic property to enter into contracts for the contracts for the management of such property, after consultation with the Advisory Council on Historic Preservation.

=Title III: Amendments to Title II of National Historic Preservation Act= - Changes the membership of the Advisory Council on Historic Preservation. Changes the length of the term of office of members of such Council. Requires that a vacancy in such Council be filled not later than 60 days after such vacancy commences in the same manner as the original appointment (and for the balance of any unexpired terms). Decreases, from 15 to nine, the number of members of such Council needed to constitute a quorum.

Sets forth the following new functions of such Council: (1) to review the policies and programs of Federal agencies and recommend to such agencies methods to improve the effectiveness, coordination, and consistency of those policies and programs with the policies and programs carried out under such Act; and (2) to inform and educate Federal agencies, State and local governments, Indian tribes, other nations, international organizations, and private groups and individuals as to the Council's authorized activities.

Requires the Council, in its annual comprehensive report of its activities and the results of its studies, to provide the Council's assessment of current and emerging problems in the field of historic preservation and an evaluation of the effectiveness of the programs of Federal agencies, State and local governments, Indian tribes, other nations, international organizations, and private groups and individuals as to the Council's authorized activities.

Requires the Council, in its annual comprehensive report of its activities and the results of its studies, to provide the Council's assessment of current and emerging problems in the field of historic preservation and an evaluation of the effectiveness of the the programs of Federal agencies, State and local governments, and the private sector in carrying out historic preservation programs.

Permits the Council to receive donations of moneys to carry out its duties, and authorites the Executive Director to accept, hold, use, expend, and administer such donations for the purposes of such Act.

Requires the Secretary, at the request of the Chairman of the Council, to provide to the Council a report detailing the significance of any historic property, describing the effects of any proposed undertaking on the affected property, and recommending measures to avoid, minimize, or mitigate adverse effects.

Requires the Council, with the concurrence of the Secretary, to promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from any or all of the requirements of such Act when such exemption is determined to be consistent with the purposes of such Act.

=Title IV: International Activities and World Heritage Convention= - Requires the Secretary of the Interior to direct and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage in cooperation with the Secretary of State, the Smithsonian Institution, and the Advisory Council on Historic Preservation.

Requires the Secretary to nominate periodically properties which the Secretary determines are of international significance to the World Heritage Committee on behalf of the United States. Prohibits the nomination of any property unless it has previously been determined to be of national significance. Requires the Secretary, before making any such nomination, to notify specified Congressional committees. Prohibits any non-Federal property from being so nominated unless the owner of the property concurs in writing to such nomination.

=Title V: General, Administrative, and Miscellaneous Provisions= - Authorizes each Federal agency to expend funds appropriated for its authorized programs for the purposes of such Act. Authorizes the Secretary to accept donations and bequests of money and personal property, and to hold, use, expend, and administer the same for the purpose of historic preservation. Authorizes the Secretary to accept gifts or donations of less than fee interests in any historic property where such acceptance will facilitate the conservation or preservation of such properties.

Directs the head of any Federal agency, after consultation with the Secretary, to withhold from disclosure to the public, information relating to the location or character of historic resources whenever the head of the agency or the Secretary determines that the disclosure of such information may create a substantial risk of harm, theft, or destruction to such resources or to the area or place where such resources are located.

Permits the awarding of attorneys' fees, expert witness fees, and other costs, in any civil action brought in any United States district court by any interested person who substantially prevails in an action to enforce the provisions of such Act.

Directs and authorizes the Secretary and the Administrator of the General Services Administration to enter into a cooperative agreement with the Committee for a National Museum of the Building Arts, Incorporated, or its successor, for the operation of a National Museum for the Building Arts in the Federal Building located in Washington, D.C. Authorizes the Secretary to provide matching grants-in-aid to such Committee for its programs related to historic preservation. Requires such Committee to submit an annual report to the Secretary and the Administrator concerning its activities.

Sets forth the procedure to be followed by the Secretary in issuing regulations required by such Act.

Requires the Secretary, in cooperation with the American Folklife Center of the Library of Congress, within two years after the date of the enactment of this Act, to submit a report to the President and the Congress on preserving and conserving the intangible elements of our cultural heritage.

Requires the Advisory Council on Historic Preservation, in cooperation with the Secretary and the Secretary of the Treasury, to submit a report to the President and the Congress on Federal tax laws relating to historic preservation or affecting in any manner historic preservation. Requires such report to be submitted within one year after the date of enactment of this Act.

Directs the Secretary to submit a report directly to the President and the Congress on or before June 1, 1986, reviewing the operation of the Historic Preservation Fund and the national historic preservation program since the enactment of this Act. Requires such report to include recommendations for appropriate funding levels, the time period for the reauthorization for appropriations from the fund, and other appropriate legislative action to be undertaken upon the expiration of the current fund authorization.

Requires the Pennsylvania Avenue Development Corporation to review the development plan for those parts of the development area which are not under development or committed for development as of the date of the enactment of this Act, to identify means by which the historic values of such parts of the development area may be preserved and enhanced to the maximum extent feasible.

Requires the Corporation, within one year of the date of this Act, to submit to the appropriate committees of Congress a report containing the findings of such review, together with the Corporation's recommendations for any legislative measures or funding necessary to carry out such review.

Requires the Secretary to undertake a comprehensive study and formulate recommendations for a coordinated system of cultural parks and historic conservation districts in urban areas throughout the Nation and submit a report of such study and recommendations to the President and Congress within two years after the enactment of this Act.

Requires the Secretary, in cooperation with the Secretary of the Treasury, the Administrator of the United States Fire Administration, and the Administrator of the Federal Insurance Administration, within 18 months after the date of enactment of this Act, to submit a report to the President and the Congress on fire in historic properties.