National Historic Preservation Act Amendments of 1980

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. Sets forth the findings of Congress which include 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 communities, 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 and fulfill social, economic, and other requirements of present and future generations; (2) provide leadership in the preservation of the prehistoric and the 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 built 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 - Amends the National Historic Preservation Act to require the Secretary of the Interior to establish a continuing program to identify and evaluate this Nation's cultural resources. Includes districts, sites, buildings, structures, and objects of national, State, and local significance in American prehistory within the National Register of Historic Places.

Declares that properties meeting the criteria for national significance established pursuant to this Act shall be designated as "National Historic Landmarks" and included in the National Register.

Requires the Secretary to establish or revise criteria for properties to be included in the National Register and criteria for historic properties which are of national significance, and to promulgate or revise regulations as may be necessary for: (1) nominating properties for inclusion in or removing them from the National Register by Federal agencies and State Historic Preservation Officers, and the recommendation of properties by certified local governments; (2) designating properties as National Historic Landmarks; (3) considering appeals from such recommendations, nominations, or designations; (4) nominating properties for inclusion in the World Heritage List; (5) making determinations of eligibility of properties for inclusion in the National Register; and (6) notifying the owner of a property, any appropriate local governments, and the general public when a property is being considered for inclusion the National Register or for designation as a National Historic Landmark.

Directs any State which is carrying out an approved historic preservation program and any Federal agency to nominate to the Secretary a property for inclusion in the National Register when it meets the established criteria. Permits any person or local government to propose that a State consider a property for nomination for inclusion in the National Register.

Requires the Secretary to promulgate or revise regulations for: (1) ensuring that significant prehistoric and historic artifacts are deposited in an institution with adequate long-term curatorial capabilities; (2) establishing a uniform process and standards for documenting historic properties for purposes of their incorporation into, or complementing, the national historic architectural and engineering records within the Library of Congress; and (3) certifying local governments, in accordance with this Act, and allocating of funds pursuant to such Act.

Directs the Secretary to develop or revise regulations for State Historic Preservation Programs. Requires that regulations provide that a State program submitted to the Secretary shall be approved by the Secretary upon a determination that the program provides for: (1) the designation by the Governor of a "State Historic Preservation Officer" to administer such program; (2) an adequate and qualified State Review Board designated by the State Historic Preservation Officer; and (3) adequate public participation in such program.

Requires the Secretary, not less than every four years after the approval of any State program, to evaluate the program to make a determination as to whether or not it is in compliance with the requirements of such Act. Directs the Secretary, upon a determination that a State program is not in compliance, to disapprove such program and suspend in whole or in part assistance to such program, unless there are adequate assurances the program will comply with such requirements within a reasonable period of time.

Specifies that it shall be the responsibility of the State Historic Preservation Officer to administer the state historic preservation program.

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

Declares that any State historic preservation program in effect under prior authority of law, may be treated as an approved program until the earlier of: (1) the date on which the Secretary approves a program submitted by the State; or (2) three years after the date of enactment of this Act.

Requires any approved State program to provide a mechanism for the certification by the State Historic Preservation Officer of local government to carry out the purposes of such Act and provide for the transfer of a portion of the grants received by the States to such local governments. Permits the Secretary, where there is no approved State program, to make grants-in-aid to the local government for purposes of such Act.

Requires the State Historic Preservation Officer, before a property within the jurisdiction of the certified local government may be nominated to the Secretary for inclusion in the National Register, to notify the owner, the applicable chief local elected official, and the local historic preservation commission. Sets forth the procedure for the review of such nomination by the owner, elected official, and commission.

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

Directs the Secretary to administer a program of matching grants-in- aid to the National Trust for Historic Preservation in the United States for the purposes of carrying out the responsibilities of the National Trust.

Permits the Secretary to administer a program of direct grants for the preservation of historic properties for specified purposes.

Permits 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 and to States having programs for cultural parks or conservation districts for demonstration projects relating to the protection of cultural resources.

Directs the Secretary, in consultation with the Advisory Council on Historic Preservation, to promulgate guidelines for Federal agency responsibilities under such Act.

Requires the Secretary, within one year of the date of enactment of this Act, to establish, in consultation with the Smithsonian Institution and the Administrator of the General Services Administration, professional standards for the preservation of federally owned historic properties.

Directs the Secretary to provide grants for 70 percent of the cost of State or local preservation land, surveys, or inventories.

Permits a State to utilize the value of real property obtained before October 15, 1966, in meeting the remaining cost of a project for which a grant is made under such Act.

Requires the Secretary to notify each State of its apportionment under such Act within 30 days following the date of enactment of legislation appropriating funds under such Act.

Specifies that a minimum of ten percent of the annual apportionment distributed by Secretary to each State for the purposes of carrying out such Act shall be used for historic preservation projects or program of local governments which are either certified pursuant to such Act or are making efforts to become so certified.

Directs the Secretary to establish and maintain a program, upon application of a private lender, to insure loans which meet specified conditions (including loans made in accordance with a mortgage) made by such lender to finance any project for the preservation of a historic property.

Requires the Secretary, in entering into any contract to insure such a loan, to take steps to assure adequate protection of the financial interests of the Federal Government. Permits the Secretary to: (1) obtain, in connection with any foreclosure proceeding, on behalf of the Federal Government, the property securing a loan insured under this title; and (2) operate or lease such property for such period as may be necessary to protect the interest of the Federal Government. Directs the Secretary, in any case in which a historic property is so obtained, to convey such property to any governmental or nongovernmental entity under such conditions as will ensure the property's continued preservation and use.

Permits the Secretary to assess appropriate and reasonable fees in connection with insuring loans. Specifies that such fees shall be covered into the Historic Preservation Fund. Authorizes appropriations through 1987 to carry out such historic preservation grants and loans.

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

Requires each Federal agency, with the advice of the Secretary and in cooperation with the Historic Preservation Officer for the State involved, to locate, inventory, and nominate to the Secretary all properties owned or used by such agency that appear to qualify for inclusion in the National Register.

Requires the head of each Federal agency to designate a qualified official to be the agency's "Preservation Officer", who shall be responsible for coordinating that agency's activities under such Act.

Requires the head of any Federal agency, prior to the approval of any Federal undertaking which may adversely affect any National Historic Landmark, to determine that no prudent and feasible alternative to such undertaking exists, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on the undertaking.

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

Permits any Federal agency having responsibility for the management of any historic property, after consultation with the Advisory Council on Historic Preservation, to lease such property to any person or organization, or exchange the property with equivalent property, if the agency head determines that the lease or exchange will adequately insure the preservation of such property.

Title III: Amendments to Title II of the National Historic Preservation Act - Changes the membership of the Advisory Council on Historic Preservation. Changes the term of membership of specified members of such Council. Requires that any vacancy in such Council be filled no later than 60 days after such vacancy commences. Reduces, from 15 to nine, the number of members of such Council which shall constitute a quorum.

Declares that a new function of such Council shall be to inform and educate Federal agencies, State and local governments, Indian tribes, other national and international organizations and private groups and individuals as to the Council's authorized activities.

Requires such Council, in its comprehensive annual report of its activities, to include 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, and the private sector in carrying out the purposes of such Act.

Eliminates the requirement that whenever the Council transmits any legislative recommendations, or testimony, or comments on legislation to the President or the Office of Management and Budget, that it shall concurrently transmit copies thereof to specified congressional committees.

Requires the Council, by regulation, to establish such procedures as may be necessary to provide for participation by local governments in proceedings and other actions taken by the Council which affect such local governments.

Requires the Secretary, at the request of the Chairman of the Council, to provide a report to the Council 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.

Directs 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.

Title IV: International Activities and World Heritage Convention - Requires the Secretary to direct and coordinate the 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 Preservaton.

Requires the Secretary to periodically nominate properties determined to be of international significance to the World Heritage Committee on behalf of the United States.

Title V: General, Administrative, and Miscellaneous Provisions - Defines certain terms for the purposes of such Act. 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 for the purposes of such Act and to hold, use, and expend and administer the same for such purposes.

Authorizes the Secretary to accept gifts or donations of less than fee interests in any historic property where the acceptance of such interests 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 of historic resources whenever the head of the agency or the Secretary determines that the disclosure of such information would create a substantial risk of harm, theft, or destruction to such resources or to the area or place where such resources are located.

Authorizes the granting of attorney fees, expert witness fees, and other costs as the court deems reasonable, to any person who prevails in any civil action brought in any United States distric court to enforce the provisions of such Act.

Directs 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.

Directs the Advisory Council on Historic Preservation, in cooperation with the Secretary and the Secretary of the Treasury, within one year after the date of enactment of this Act, 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.

Directs the Secretary of the Interior 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 and recommending 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.

Directs the Secretary and the Administrator 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. Defines the term "building arts" for the purposes of this Act. Directs the Administrator to make appropriate portions of the building available to such Committee without charge, and to insure that proper maintenance and renovation of the building be conducted to assure the preservation and operation of the building.