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34 F.R. 8693.

Tenure and compensation.

80 Stat. 450, 451.

81 Stat. 638.

42 USC 4346a.

interpret such information for the purpose of determining whether such conditions and trends are interfering, or are likely to interfere, with the achievement of the policy set forth in title I of this Act, and to compile and submit to the President studies relating to such conditions and trends;

(3) to review and appraise the various programs and activities of the Federal Government in the light of the policy set forth in title I of this Act for the purpose of determining the extent to which such programs and activities are contributing to the achievement of such policy, and to make recommendations to the President with respect thereto;

(4) to develop and recommend to the President national policies to foster and promote the improvement of environmental quality to meet the conservation, social, economic, health, and other requirements and goals of the Nation;

(5) to conduct investigations, studies, surveys, research, and analyses relating to ecological systems and environmental quality;

(6) to document and define changes in the natural environment, including the plant and animal systems, and to accumulate necessary data and other information for a continuing analysis of these changes or trends and an interpretation of their underlying causes; (7) to report at least once each year to the President on the state and condition of the environment; and

(8) to make and furnish such studies, reports thereon, and recommendations with respect to matters of policy and legislation as the President may request.

Sec. 205. In exercising its powers, functions, and duties under this Act, the Council shall— (1) consult with the Citizen's Advisory Committee on Environmental Quality established by Executive Order numbered 11472, dated May 29, 1959, and with such representatives of science, industry, agriculture, labor, conservation organizations, State and local governments and other groups, as it deems advisable; and

(2) utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order that duplication of effort and expense may be avoided, thus assuring that the Council's activities will not unnecessarily overlap or conflict with similar activities authorized by law and performed by established agencies.

Sec. 206. Members of the Council shall serve full time and the Chairman of the Council shall be compensated at the rate provided for Level II of the Executive Schedule Pay Rates (5 U.S.C. 5313). The other members of the Council shall be compensated at the rate provided for Level IV of the Executive Schedule Pay Rates (5 U.S.C. 5315).

Acceptance of Travel Reimbursement

Sec. 207. The Council may accept reimbursements from any private nonprofit organization or from any department, agency, or instrumentality of the Federal Government, any State, or local government, for the reasonable travel expenses incurred by an officer or employee of the Council in connection with his attendance at any conference, seminar, or similar meeting conducted for the benefit of the Council.

(As amended by P.L. 94-52, 89 Stat. 258, July 3, 1975)

Expenditures For International Travel

42 USC 4346b.

Sec. 208. The Council may make expenditures in support of its international activities, including expenditures for:

(1) international travel;

(2) activities in implementation of international agreements; and

(3) the support of international exchange programs in the United States and in foreign countries.

(As amended by P.L. 94-52, 89 Stat. 258, July 3, 1975)

Appropriations. Sec. 209. There are authorized to be appropriated to carry out the provisions of this Act not to exceed $300,000 for fiscal year 1970, $700,000 for fiscal year 1971, and $1,000,000 for each fiscal year thereafter.

(As amended by P.L. 94-52, 89 Stat. 258, July 3, 1975)

Approved January 1, 1970.

Amendments Approved July 3, 1975; and August 9, 1975.

LEGISLATIVE HISTORY: P.L. 91-190

HOUSE REPORTS:

No. 91-378, 91-378, pt. 2, accompanying H. R. 12549 (Comm. on Merchant Marine & Fisheries) and

No. 91-765 (Comm. of Conference).

SENATE REPORT:

No. 91-296 (Comm. on Interior & Insular Affairs). CONGRESSIONAL RECORD:

Vol. 115 (1969):

July 10, considered and passed Senate.

Sept. 23, considered and passed House, amended, in lieu of H. R. 12549.
Oct. 8, Senate disagreed to House amendments; agreed to conference.
Dec. 20, Senate agreed to conference report.

Dec. 22, House agreed to conference report.

LEGISLATIVE HISTORY: P.L. 94-52

HOUSE REPORT:

No. 94-223 (Comm. on Merchant Marine & Fisheries). SENATE REPORT:

No. 94-209 (Comm. on Interior & Insular Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975):

May 19, considered and passed House.

June 21, considered and passed Senate.

LEGISLATIVE HISTORY: P.L. 94-83

HOUSE REPORTS:

No. 94-144 (Comm. on Merchant Marine & Fisheries) and
No. 94-388 (Comm. of Conference).

SENATE REPORTS:

No. 94-152 (Comm. on Interior & Insular Affairs) and

No. 94-331 (Comm. of Conference).

CONGRESSIONAL RECORD:

Vol. 121 (1975):

April 21, considered and passed House.

May 22, considered and passed Senate, amended.

July 25, Senate agreed to conference report.

July 29, House agreed to conference report.

X. National Historic Preservation Act, Public law 89-665, 80 Stat. 915, October 15, 1966, (16 USC 470-470t), as amended by: Public Laws 91-243, 84 Stat. 204, May 9, 1970; 93-54, 87 Stat. 139, July 1, 1973; 94-422, 90 Stat. 1313, September 28, 1976; 94-458, 90 Stat. 1939, October 7, 1976; 95-625, 92 Stat. 3467, November 10, 1978.

An Act

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 United States of America in
Congress assembled,

The Congress finds and declares

(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.

TITLE I

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;

(2) to establish a program of matching grants-in-aid to States for projects having as their purpose the preservation for public 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 for Historic Preservation in the United States, chartered by act of Congress approved October 26, 1949 (63 Stat. 927), as amended, for the purpose of carrying out the responsibilities of the National Trust.

(4) to withhold from disclosure to the public, information relating to the location of sites or objects listed on the National Register whenever he determines that the disclosure of specific information would create a risk of destruction or harm to such sites or objects. (b) As used in the Act

Historic properties. Preservation

program established.

Buildings and objects, etc. Expansion and

maintenance

of National Register.

Grants to

states.

National
Trust for

Historic

Preservation.

16 U.S.C. 468-468d.

(1) The term "State" includes, in addition to the several States of the Union, the "State." District of Columbia, the_Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(2) The term "project" means programs of State and local governments and other public "Project." bodies and private organizations and individuals for the acquisition of title or interests in, and for the development 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.

(As amended by P.L. 93-54, 87 Stat. 139, July 1, 1973; and P.L. 94-458, 90 Stat. 1939, October 7, 1976)

"Historic preserva

tion." "Secretary."

Conditions for grants.

16 U.S.C.

4601-4 note.

Waiver.

Waiver.

Post, p. 1320.

Apportionment.

Coordination

with other Federal

programs.

Records.

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 compiled 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) The Secretary may in his discretion waive the requirements of paragraph (3) of subsection (a) of this section for the purposes of making grants for the preparation of statewide historic preservation plans and surveys and project plans. Any grant made pursuant to this subsection may not exceed 70 per centum of the cost of a project, and the total of such grants made pursuant to this subsection in any one fiscal year may not exceed one-half of the funds appropriated for that fiscal year pursuant to section 108 of this Act.

(d) 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.

(As amended by P.L. 94-422, 90 Stat. 1313, September 28, 1976)
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.

(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.

(As amended by P.L. 94-422, 90 Stat. 1313, September 18, 1976)

Sec. 104.

(a) No grant may be made by the Secretary for or on account of any survey or project under this Act with respect to which financial assistance has been given or promised under any other Federal 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 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.

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