[Senate Report 109-235]
[From the U.S. Government Publishing Office]
Calendar No. 397
109th Congress Report
SENATE
2d Session 109-235
======================================================================
NATIONAL HISTORIC PRESERVATION ACT AMENDMENTS ACT OF 2006
_______
April 20, 2006.--Ordered to be printed
Filed, under authority of the order of the Senate of April 7, 2006
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1378]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1378) to amend the National Historic
Preservation Act to provide appropriation authorization and
improve the operations of the Advisory Council on Historic
Preservation, having considered the same, reports favorably
thereon with amendments and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. On page 1, line 7, strike ``2005'' and insert ``2006''.
2. On page 2, line 3, insert ``(16 U.S.C. 470 et seq.)''
after ``Act''.
3. On page 2, line 6, strike ``2011'' and insert ``2015''.
4. On page 2, line 17, strike ``eleven'' and insert ``12''.
5. On page 3, strike lines 17 through 23.
6. On page 3, line 24, strike ``(g)'' and insert ``(f)''.
7. On page 4, line 6, strike ``(h)'' and insert ``(g)''.
Purpose of the Measure
The purpose of S. 1378, as ordered reported, is to amend
the National Historic Preservation Act to reauthorize the
Historic Preservation Fund and to reauthorize and improve the
operations of the Advisory Council on Historic Preservation.
Background and Need
The National Historic Preservation Act of 1966 and later
amendments constitute our Nation's primary historic
preservation legislative authority. To help preserve historic
resources, the Act authorized the Historic Preservation Fund
and the Advisory Council on Historic Preservation.
The Historic Preservation Fund provides support to the
State Historic Preservation Offices and provides matching
grants to States to catalog and preserve historic properties
and resources. The fund has always had strong support and has
been reauthorized three times since its creation. S. 1378 would
extend authorization of the Historic Preservation Fund, which
expired in 2005, to 2015.
The Advisory Council on Historic Preservation is an
independent Federal agency that works with the Secretary of the
Interior to administer the National Historic Preservation Act.
The Council helps to administer the Historic Preservation Fund
and the National Register of Historic Places. One of the
Council's most visible duties is to oversee section 106 of the
National Historic Preservation Act. Section 106 requires
Federal agencies to consider the impacts of their actions on
historic resources. The Council is comprised of 20 members,
including heads of Federal agencies, elected State and local
officials, private citizens, and experts in the field of
historic preservation.
S. 1378 would change the membership, procedures, and
authorities of the Advisory Council on Historic Preservation.
The bill would add the heads of three Federal agencies to the
Council, bringing total membership to 23. To reflect this
change in membership, the bill would raise the number of
members required for a quorum from nine to twelve. Finally, the
bill would allow the State Governor sitting on the Council to
appoint a designee with full voting privileges, a right
currently given to Cabinet Secretaries serving on the Council.
S. 1378 would give the Council several new authorities. The
bill would give the Council the authority to seek
administrative services from any Federal agency or private
entity, amending existing law, which requires the Council to
seek such services solely from the Department of the Interior.
S. 1378 would also allow the Council to review any Federal
grant or assistance programs affecting historic resources and
subject to provisions of the National Historic Preservation
Act. The Council would have the authority to enter into a
cooperative agreement with any agency that administers such a
program and participate in the development of grant criteria
and the selection of grant recipients.
Legislative History
S. 1378 was introduced by Senators Talent and Wyden on July
11, 2005. Senators Allen and Chaffee are also cosponsors on the
bill. The Subcommittee on National Parks held a hearing on S.
1378 on September 22, 2005. At the business meeting on March 8,
2006, the Committee on Energy and Natural Resources ordered S.
1378 favorably reported as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on March 8, 2006, by unanimous voice vote of a
quorum present, recommends that the Senate pass S. 1378, if
amended as described herein.
Committee Amendment
During consideration of S. 1288, the Committee adopted an
amendment to S. 1378. In addition to technical corrections, the
amendment would extend authorization of the Historic
Preservation Fund to 2015 instead of 2011. The amendment would
also increase the number of Council members necessary for a
quorum to 12. Finally, the amendment would delete language in
the bill that would have given the Council the authority to
solicit donations.
Section-by-Section Analysis
Section 1(a) entitles the bill, ``National Historic
Preservation Act Amendments Act of 2006.''
Subsection (b) states that any reference to ``the Act'' in
the bill is a reference to the National Historic Preservation
Act.
Subsection (c) amends section 108 of the Act to extend the
authorization of the Historic Preservation Fund from 2005 to
2015.
Subsection (d) revises the membership and procedural
criteria for the Advisory Council on Historic Preservation.
This subsection requires that three additional heads of
agencies be added to the Council. The quorum is raised from
nine to twelve members. The State Governor who sits on the
Council is allowed to designate, in their absence, a delegate
with full voting privileges.
Subsection (e) authorizes the Council to engage any Federal
agency or private entity to provide financial and
administrative services.
Subsection (f) eliminates the $4,000,000 ceiling on annual
appropriations for the Advisory Council on Historic
Preservation and makes the appropriations authorization
permanent.
Subsection (g) adds section 216 to the Act. This new
section would grant the Council the authority to review any
Federal grant or assistance program that is subject to
provisions of the Act. It would also grant the Council the
authority to enter into cooperative agreements with agencies
administering such grants or assistance programs for the
purpose of furthering the goals of the Act.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
S. 1378--National Historic Preservation Act Amendments Act of 2006
Summary: S. 1378 would extend the authority to make annual
deposits of $150 million to the Historic Preservation Fund
(HPF) through fiscal year 2015. Authority to make those
deposits of receipts earned from oil and gas development on the
Outer Continental Shelf into the HPF expired at the end of
fiscal year 2005. The National Park Service (NPS) uses amounts
appropriated from the HPF for grants to state, local and tribal
governments, nonprofit organizations, and other entities.
The bill also would authorize the appropriation of whatever
amounts are necessary for each year to the Advisory Council on
Historic Preservation (ACHP). Authority for this funding--at a
specified annual level of $4 million--also expired at the end
of 2005. Appropriations to ACHP are derived from the general
fund of the U.S. Treasury.
Assuming appropriation of the amounts deposited into the
HPF each year, and assuming appropriation of the amounts
estimated to be necessary for ACHP, CBO estimates that
implementing S. 1378 would cost about $500 million over the
2007-2011 period. Enacting this legislation would not affect
direct spending or revenues.
S. 1378 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1378 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2006 2007 2008 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Historic Preservation:
Budget Authority a.......................................... 77 0 0 0 0 0
Estimated Outlays........................................... 79 52 26 14 7 3
Proposed Changes:
Spending of Deposits to HPF:
Estimated Authorization Level........................... 0 150 150 150 150 150
Estimated Outlays....................................... 0 37 70 95 120 150
Advisory Council on Historic Preservation:
Estimated Authorization Level........................... 0 5 5 5 6 6
Estimated Outlays....................................... 0 5 5 5 6 6
Spending Under S. 1378 for Historic Preservation:
Estimated Authorization Level............................... 77 155 155 155 156 156
Estimated Outlays........................................... 79 94 101 114 133 159
----------------------------------------------------------------------------------------------------------------
a The 2006 level is the amount appropriated for that year, including $72 million to the NPS from the HPF and
nearly $5 million to ACHP.
Basis of estimate: For this estimate, CBO assumes that S.
1378 will be enacted by the start of fiscal year 2007 and that
the entire $150 million that would be transferred to the HPF
each year under the bill will be appropriated in full beginning
in that year. Annual deposits to the HPF have been at the $150
million level since 1980, but the amounts typically
appropriated from the fund are substantially lower. CBO expects
that more than doubling the size of the historic preservation
program (from the recent appropriation level of a little over
$70 million a year) would initially lead to delays in
processing grants and in raising funds for nonfederal matching
shares. As a result, outlays would likely lag behind
appropriations significantly over the next few years.
The estimated authorization levels for ACHP operations are
based on the current appropriation of nearly $5 million for
2006, adjusted annually for anticipated inflation. Outlay
estimates are based on historical spending patterns for these
activities.
Other provisions of S. 1378, would amend the National
Historic Preservation Act, would have no significant impact on
the federal budget.
Intergovernmental and private-sector impact: S. 1378
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Deborah Reis. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1378. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1378, as ordered reported.
Executive Communications
The views of the Administration on S. 1378 were included in
testimony received by the Committee at a hearing on the bill on
September 22, 2005. This testimony follows:
Statement of Janet Snyder Matthews, Associate Director for Cultural
Resources, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before you today to discuss the views of the Department of the
Interior on S. 1378, a bill to amend the National Historic
Preservation Act to provide appropriation authorization and
improve the operations of the Advisory Council on Historic
Preservation.
The Department supports S. 1378 with an amendment to extend
the authorization of the Historic Preservation Fund for ten
years until 2015.
S. 1378 would extend the authorization of the Historic
Preservation Fund for an additional six years. The bill would
also make a number of changes to the authority for the Advisory
Council on Historic Preservation (ACHP) by increasing the
membership of the ACHP, authorizing the governor appointed to
the ACHP to have a designee serve in his place, revising the
number of members that constitute a quorum, revising various
financial and administrative authorities of the ACHP,
authorizing the ACHP to solicit donations, and authorizing the
ACHP to enter intocooperative agreements with other federal
agencies to improve the effectiveness of the administration of grant or
assistance programs to help meet the purposes of the National Historic
Preservation Act.
In addition, the bill also changes the authorization level
for the ACHP from $4 million per fiscal year to such sums as
may be necessary. It also makes the ACHP permanent instead of
reauthorizing the ACHP for the standard five-year period.
The Historic Preservation Fund grew out of the
recommendations of the 1966 Special Committee on Historic
Preservation of the U.S. Conference of Mayors. The Special
Committee recommended the establishment of a grant program to
State and local governments to carry out inventory and survey
programs in coordination with the National Park Service. In
1970, a historic preservation grant program was established and
administered by the National Park Service in partnership with
State governments on a cost-sharing basis. In 1976, the
Historic Preservation Fund was created with revenues from Outer
Continental Shelf oil and gas production.
Over the years, the Historic Preservation Fund has provided
essential support to the State Historic Preservation Offices
that operate the national program at the State level. Through
the work of our partners in the States, we can cite significant
achievements over the past year:
The National Park Service approved 1,537 new
listings, which include 46,619 properties, in the National
Register of Historic Places. This brings the total number of
National Register properties to 79,617 listings that include
over 1.4 million properties.
Jointly administered by the National Park Service
and the Internal Revenue Service, and in partnership with the
State Historic Preservation Officers, the Historic Preservation
Tax Incentives resulted in the rehabilitation of over 1,200
historic properties listed in the National Register, creating
over 15,000 new housing units and generating $3.8 billion in
leveraged private investment--all during 2004. Since its
inception in 1976, this tax incentives program has generated
over $33 billion in historic preservation activity.
In FY 2005, the Save America's Treasures (SAT)
grant program awarded a total of 145 matching grants in 43
states and the District of Columbia totaling $29.5 million. 337
applications were received that totaled $134 million. The SAT
program is administered by the National Park Service, the
National Endowment for the Arts, the National Endowment for the
Humanities, and the Institute of Museum and Library Services.
Over the years, the Historic Preservation Fund authority
has been a highly flexible authority for developing targeted
grant programs that address the broad purposes of the National
Historic Preservation Act. They include the grants to Indian
Tribes to support Tribal Historic Preservation Offices and
project grants to preserve America's native cultures; grants to
Historically Black Colleges and Universities to preserve
significant campus buildings; the Save America's Treasures
Grant Program for threatened nationally significant properties;
and more recently, the Preserve America grant program for
heritage tourism, including education, and economic
revitalization. These grant programs not only preserve historic
resources, they attract new economic investment.
Reauthorization of the ACHP also is an important objective
as we work with this critical governmental agency to help
protect historic resources while facilitating government-
sponsored development. We are working closely with the ACHP on
a number of important initiatives, including the Preserve
America program and compliance tools.
We understand that the ACHP will discuss the specific
provisions of S. 1378 that affect the ACHP. We believe these
changes will increase the ACHP's effectiveness and strengthen
the important role the ACHP has played in preserving the
historic resources of our country.
As recommended at the beginning of this testimony, the
Department believes that the authorization of the Historic
Preservation Fund should be extended for ten years instead of
six. The fund is now almost 40 years old. It has been highly
successful in meeting the objectives established by Congress in
preserving the historic resources of this country. We believe
this success calls for a longer authorization than previously
has been provided, while allowing Congress the traditional
oversight role it has always maintained. The proposed amendment
is attached to the testimony.
Mr. Chairman, this concludes my prepared remarks. I would
be pleased to answer any questions you or members of the
committee may have.
Proposed amendment to S. 1378, National Historic
Preservation Act Amendments Act of 2005. On page 2, line 6
strike ``2011'' and insert ``2015''.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1378, as ordered reported, as shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
A. NATIONAL HISTORIC PRESERVATION ACT
(Public Law 89-665; Approved October 15, 1966; 16 U.S.C. 470 through
470x-6)
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,
* * * * * * *
Sec. 108. To carry out the provisions of this Act, there is
hereby established the Historic Preservation Fund (hereafter
referred to as the ``fund'') in the Treasury of the United
States.
There shall be covered into such fund $24,400,000 for
fiscal year 1977, $100,000,000 for fiscal year 1978,
$100,000,000 for fiscal year 1979, $150,000,000 for fiscal year
1980, and $150,000,000 for fiscal year 1981 and $150,000,000
for each of fiscal years 1982 through [2005] 2015, from
revenues due and payable to the United States under the Outer
Continental Shelf Lands Act (67 Stat. 462, 469), as amended (43
U.S.C. 1338), and/or under the Act of June 4, 1920 (41 Stat.
813), as amended (30 U.S.C. 191), notwithstanding any provision
of law that such proceeds shall be credited to miscellaneous
receipts of the Treasury. Such moneys shall be used only to
carry out the purposes of this Act and shall be available for
expenditure only when appropriated by the Congress. Any moneys
not appropriated shall remain available in the fund until
appropriated for said purposes: Provided, That appropriations
made pursuant to this paragraph may be made without fiscal year
limitation.
* * * * * * *
Sec. 201 (a) There is established as an independent agency
of the United States Government an Advisory Council on Historic
Preservation which shall be composed of the following members:
(1) a Chairman appointed by the President selected
from the general public;
(2) the Secretary of the Interior;
(3) the Architect of the Capitol;
(4) the Secretary of Agriculture and the heads of
[four] seven, other agencies of the United States
(other than the Department of the Interior) the
activities of which affect historic preservation,
designated by the President;
(5) one Governor appointed by the President;
(6) one mayor appointed by the President;
(7) the President of the National Conference of State
Historic Preservation Officers;
(8) the Chairman of the National Trust for Historic
Preservation;
(9) four experts in the field of historic
preservation appointed by the President from the
disciplines of architecture, history, archaeology, and
other appropriate disciplines;
(10) three at-large members from the general public,
appointed by the President; and
(11) one member of an Indian Tribe or Native Hawaiian
organization who represents the interests of the tribe
or organization of which he or she is a member,
appointed by the President.
(b) Each member of the Council specified in paragraphs (2)
through (8) (other than [(5) and] (6)) of subsection (a) may
designate another officer of his department, agency, or
organization to serve on the Council in his stead, except that,
in the case of paragraphs (2) and (4), no such officer other
than an Assistant Secretary or an officer having major
department-wide or agency-wide responsibilities may be so
designated.
* * * * * * *
(f) [Nine] 12 members of the Council shall constitute a
quorum.
* * * * * * *
Sec. 205. (a) There shall be an Executive Director of the
Council who shall be appointed in the competitive service by
the Chairman with the concurrence of the Council. The Executive
Director shall report directly to the Council and perform such
functions and duties as the Council may prescribe.
* * * * * * *
[(f) Financial and administrative (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 regulations.]
(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.
* * * * * * *
Sec. 212. (a) The Council shall submit its budget annually
as a related agency of the Department of the Interior. There
are authorized to be appropriated for the purposes of this
title [not to exceed $4,000,000 in each fiscal year 1997
through 2005] such amounts as may be necessary to carry out
this title.
* * * * * * *
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. 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 participate
in the selection of recipients, if such provisions 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
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.