To amend the National Historic Preservation Act to provide appropriation authorization and improve the operations of the Advisory Council on Historic Preservation.

May 20, 2004

Mr. TALENT introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To amend the National Historic Preservation Act to provide appropriation authorization and improve the operations of the Advisory Council on Historic Preservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. NATIONAL HISTORIC PRESERVATION ACT AMENDMENTS.

(a) SHORT TITLE- This Act may be cited as the `National Historic Preservation Act Amendments Act of 2004'.

(b) REFERENCE- A reference in this Act to `the Act' shall be a reference to the National Historic Preservation Act.

(c) MEMBERSHIP OF ADVISORY COUNCIL ON HISTORIC PRESERVATION-

(1) ADDITIONAL MEMBERS- Section 201(a)(4) of the Act (16 U.S.C. 470i(a)(4)) is amended by striking `four' and inserting `seven'.

(2) ALLOWING DESIGNEE FOR GOVERNOR MEMBER- Section 201(b) of the Act (16 U.S.C. 470i(b)) is amended by striking `(5) and'.

(3) QUORUM- Section 201(f) of the Act (16 U.S.C. 470i(f)) is amended by striking `Nine' and inserting `Eleven'.

(d) FINANCIAL AND ADMINISTRATIVE SERVICES FOR THE ADVISORY COUNCIL ON HISTORIC PRESERVATION- Section 205(f) of the Act (16 U.S.C. 470m(f)) is amended to read as follows:

`(f) Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Department of the Interior or, at the discretion of the Council, such other agency or private entity that reaches an agreement with the Council, for which payments shall be made in advance or by reimbursement from funds of the Council in such amounts as may be agreed upon by the Chairman of the Council and the head of the agency or, in the case of a private entity, the authorized representative of the private entity that will provide the services. When a Federal agency affords such services, the regulations of that agency for the collection of indebtedness of personnel resulting from erroneous payments (5 U.S.C. 5514(b)) shall apply to the collection of erroneous payments made to or on behalf of a Council employee and regulations of that agency for the administrative control of funds (31 U.S.C. 1513(d), 1514) shall apply to appropriations of the Council. The Council shall not be required to prescribe such regulations.'.

(e) DONATION AUTHORITY OF THE ADVISORY COUNCIL ON HISTORIC PRESERVATION- Section 205(g) of the Act (16 U.S.C. 470m(g)) is amended--

(1) by striking `obtain,' and inserting `solicit and obtain,'; and

(2) by striking `may also receive' and inserting `may also solicit and receive'.

(f) APPROPRIATION AUTHORIZATION OF THE ADVISORY COUNCIL ON HISTORIC PRESERVATION- Section 212(a) of the Act (16 U.S.C. 470t(a)) is amended by striking `for purposes of this title not to exceed $4,000,000 for each fiscal year 1997 through 2005' and inserting `such amounts as may be necessary to carry out this title'.

(g) EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PROGRAMS IN MEETING THE PURPOSES AND POLICIES OF THE NATIONAL HISTORIC PRESERVATION ACT- Title II of the Act is amended by adding at the end the following new section:

`SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PROGRAMS.

`(a) COOPERATIVE AGREEMENTS- The Council may enter into a cooperative agreement with any Federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of the administration of such program in meeting the purposes and policies of this Act. Notwithstanding any other provision of law, such cooperative agreements may include provisions that modify the selection criteria for a grant or assistance program to further the purposes of this Act or that allow the Council to jointly administer a grant or assistance program, including participation in the selection of recipients, if such are not inconsistent with the grant or assistance program's statutory authorization and purpose.

`(b) REVIEW OF GRANT AND ASSISTANCE PROGRAMS- The Council may--

`(1) review the operation of any Federal grant or assistance program to evaluate the effectiveness of such program in meeting the purposes and policies of this Act;

`(2) make recommendations to the head of any Federal agency that administers such program to further the consistency of the program with the purposes and policies of the Act and to improve its effectiveness in carrying out those purposes and policies; and

`(3) make recommendations to the President and the Congress regarding the effectiveness of Federal grant and assistance programs in meeting the purposes and policies of this Act, including recommendations with regard to appropriate funding levels.'.

END