Public Law 89-665
89th Congress, S. 3035
October 15, 1966
To establish a program for the preservation of additional historic
properties throughout the Nation, and for other purposes.
|80 STAT. 915|
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
(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
Preservation program established.
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;
Buildings and objects, etc.
Expansion and maintenance of National Register.
(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
Grants to states.
(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.
National Trust for Historic Preservation.
16 USC 468-468d.
(b) As used in this Act
(1) The term "State" includes, in addition to the several States
of the Union, the District of Columbia, the Commonwealth of
Puerto Rico the Virgin Islands, Guam, and American Samoa.
(2) The term "project" means programs of State and local governments
and other public 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.
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(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.
SEC. 102. (a) No grant may be made under this Act
Conditions for grants.
(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);
16 USC 46014 note.
(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 a ministration of the property in a manner satisfactory to
the Secretary; and
(6) until the grantee has complied 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) 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
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: Provided,
however, That the amount granted to any one State shall not
exceed 50 of the comprehensive statewide historic
survey and plan for that State, as determined by the Secretary.
(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
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.
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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.
Coordination with other Federal programs.
(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.
SEC. 106. The head of any Federal agency having
direct or indirect jurisdiction over a proposed Federal or federally
assisted undertaking in any State and the head of any Federal
department or independent agency having authority to license any
undertaking shall, prior to the approval of the expenditure of any
Federal funds on the undertaking or prior to the issuance of any
license, as the case may be, take into account the effect of the
undertaking on any district, site, building, structure, or object that
is included in the National Register. The head of any such Federal
agency shall afford the Advisory Council on Historic Preservation
established under title II of this Act a reasonable opportunity to
comment with regard to such undertaking.
SEC. 107. Nothing in this Act shall be construed to applicable
to the White House and its grounds, the Supreme
Court building and its grounds, or the United States Capitol and its related
buildings and grounds.
SEC. 108. There are authorized to be appropriated not
to exceed $2,000,000 to carry out the provisions of this
Act for the fiscal year 1967, and not more than $10,000,000 for each of the
three succeeding fiscal years. Such appropriations shall be available
for the financial assistance authorized by this title and for the
administrative expenses of the Secretary in connection therewith, and
shall remain available until expended.
SEC. 201. (a) There is established an Advisory Council on Historic
Preservation (hereinafter referred to as the "Council") which shall
be composed of seventeen members as follows:
(1) The Secretary of the Interior.
(2) The Secretary of Housing and Urban Development.
(3) The Secretary of Commerce.
(4) The Administrator of the General Services Administration.
(5) The Secretary of the Treasury.
(6) The Attorney General.
(7) The Chairman of the National Trust for Historic Preservation.
Advisory Council on Historic Preservation, membership.
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(8) Ten appointed by the President from outside the
Federal Government. In making these appointments, the President shall
give due consideration to the selection of officers of State and local
governments and individuals who are significantly interested and
experienced in the matters to be considered by the Council.
(b) Each member of the Council specified in
paragraphs (1) through (6) of subsection (a) may designate another
officer of his department or agency to serve on the Council in his
(c) Each member of the Council appointed under
paragraph (8) of subsection (a) shall serve for a term of five years
from the expiration of his predecessor's term; except that the members
first appointed under that paragraph shall serve for terms of from one
to five years, as designated by the President at the time of
appointment, in such manner as to insure that the terms of not less than
one nor more than two of them will expire in any one year.
Terms of office.
(d) A vacancy in the Council shall not affect its
powers, but shall be filled in the same manner as the original
appointment (and for the balance of the unexpired term).
(e) The Chairman of the Council shall be designated
by the President.
(f) Eight members of the Council shall constitute a
SEC. 202. (a) The Council shall
(1) advise the President and the Congress on
matters relating to historic preservation; recommend measures to
coordinate activities of Federal State, and local agencies and
private institutions and individuals relating to historic preservation;
and advise on the dissemination of information pertaining to such
(2) encourage, in cooperation with the National Trust
for Historic Preservation and appropriate private agencies, public
interest and participation in historic preservation;
(3) recommend the conduct of studies in such areas as
the adequacy of legislative and administrative statutes and
regulations pertaining to historic preservation activities of State and
local governments and the effects of tax policies at all levels of
government on historic preservation;
(4) advise as to guidelines for the assistance of
State and local governments in drafting legislation relating to historic
(5) encourage in cooperation with appropriate
public and private agencies and institutions, training and education in
the field of historic preservation.
(b) The Council shall submit annually a comprehensive
report of its activities and the results of its studies to the President
and the Congress and shall from time to time submit such additional and
special reports as it deems advisable. Each report shall propose such
legislative enactments and other actions as, in the judgment of the
Council, are necessary and appropriate to carry out its
Report to President and Congress.
SEC. 203. The Council is authorized to secure
directly from any department, bureau, agency, board, commission, office
independent establishment or instrumentality of the executive branch of
the Federal Government information, suggestions, estimates, and
statistics for the purpose of this title; and each such department,
bureau, agency, board, commission, office, independent establishment or
instrumentality is authorized to furnish such information, suggestions,
estimates, and statistics to the extent permitted by law and within
Other Federal agencies, cooperation.
SEC. 204. The members of the Council specified
in paragraphs (1) through (7) of section 201(a) shall serve without
additional compensation. The members of the Council appointed
under paragraph (8) of section 201 (a) shall receive $100 per diem when
engaged in the performance of the duties of the Council. All members
of the Council shall receive reimbursement for necessary traveling and
subsistence expenses incurred by them in the performance of the duties
of the Council.
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SEC. 205. (a) The Director of the National Park Service or his
designee shall be the Executive Director of the Council. 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, 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 Secretary of the Interior: Provided, That the
regulations of the Department of the Interior for the collection of
indebtedness of personnel resulting from erroneous payments (5 U.S.C.
46e) shall apply to the collection of erroneous payments made
to or on behalf of a Council employee, and regulations of
said Secretary for the administrative control of funds (31 U.S.C. 665
(g)) shall apply to appropriations of the Council: And provided
further, That the Council shall not be required to prescribe such
68 Stat. 483.
(b) The Council shall have power to appoint and fix the compensation
of such additional personnel as may be necessary to carry out its
duties, without regard to the provisions of the civil service laws and
the Classification Act of 1949.
Ante, p. 288.
(c) The Council may also procure, without regard to the civil service
laws and the Classification Act of 1949, temporary and intermittent
services to the same extent as is authorized for the executive
departments by section 15 of the Administrative Expenses Act of 1946 (5
U.S.C. 55a), but at rates not to exceed $50 per diem for
60 Stat. 810.
(d) The members of the Council specified in paragraphs (1) through
(6) of section 201(a) shall provide the Council, on a reimbursable
basis, with such facilities and services under their jurisdiction and
control as may be needed by the Council to carry out its duties, to the
extent that such facilities and services are requested by the Council
and are otherwise available for that purpose. To the extent of available
appropriations, the Council may obtain, by purchase, rental, donation,
or otherwise, such additional property, facilities, and services as may
be needed to carry out its duties.
Approved October 15, 1966.
HOUSE REPORT No. 1916 (Comm. on Interior & Insular
SENATE REPORT No, 1363 (Comm. on Interior &
CONGRESSIONAL RECORD, Vol. 112 (1966):
July 11: Considered and passed Senate.
Sept. 19: Considered in House.
Oct. 10: Considered and passed House, amended.
Oct. 11: Senate concurred in House amendment.