expenditure by the Foundation only to the extent such sums are matched on a dollar-for-dollar basis by cash or in-kind contributions made to the Foundation for the purposes of this Act. (c) Except as provided in section 8 of this Act, sums appropriated under this section shall remain available until expended. SEC. 5. ADMINISTRATION OF FUND PROJECTS.—(a) In a timely fashion, the Director of the National Park Service, with the concurrence of the Secretary, shall submit to the Executive Committee of the National Park Foundation detailed recommendations for the reconstruction, rehabilitation, replacement, improvement, relocation, or removal of visitor facilities. The Director shall specify those projects which he deems to have the highest priority for funding under this Act. The Executive Committee shall consider such recommendations and, with the concurrence of the Director of the National Park Service, recommend projects to the Board of the Foundation for its approval. (b) The Secretary shall make grants to the Foundation from amounts available in the Fund for the purpose of carrying out projects approved under this section. (c)(1) Any project approved and carried out under this section shall be consistent with the purposes for which the park system unit involved was established and with any approved general management plan applicable to that unit. Any plans for, and location and design of, any specific project shall be reviewed by and concurred in by the Director of the National Park Service. (2) In recommending any project under this Act with respect to any property listed on, or eligible for listing on the National Register of Historic Properties, the National Park Service shall take into account the recommendations of the Advisory Council on Historic Preservation and any project affecting any such property shall be carried out in a manner consistent with the requirements of the National Historic Preservation Act (16 U.S.C. 470-470t). (d) The Foundation shall carry out projects under this Act, and expend grants made available under this Act, in accordance with applicable provisions of law and regulations. All grants for any projects to be carried out under this Act shall be in accordance with Circular A-110 published by the Office of Management and Budget applicable to Federal grants. The foundation shall be responsible for managing the construction activities, including the selection of persons to perform architectural, engineering, construction, and related services. (e) By undertaking to administer any project under this Act, the Foundation shall be deemed to have agreed that all right, title, and interest in any visitor facility with respect to which such project is carried out shall be vested in the United States. The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation in connection with its activities under this Act. (f) The Foundation shall include in its annual report to the Congress a description of projects undertaken under this Act and the Foundation's accomplishments under this Act. SEC. 6. AUTHORITY OF THE NATIONAL PARK FOUNDATION.-For the purposes of this Act, the Foundation, in addition to any other authorities it may have (1) shall have all necessary and proper powers for exercise of the authorities vested in it by this Act; (2) may execute all instruments deemed necessary or appropriate in the exercise of any of its functions under this Act; and (3) may expend a portion of moneys received under this Act for such reasonable personnel and incidental expenses as are necessary to carry out its functions under this Act. SEC. 7. RESPONSIBILITIES OF THE SECRETARY.-Nothing in this Act shall affect the authorities or responsibilities of the Secretary under other provisions of law, including the authorities and responsibilities vested in him under the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and under National Park System Concessions Policy Act (79 Stat. 969; 16 U.S.C. 20-20g). SEC. 8. EXPIRATION OF AUTHORITY.-The authorities contained in this Act shall expire on September 30, 1989. After that date, any moneys previously credited to the Fund under this Act which have not been appropriated, or if appropriated, which have not been obligated or expended, shall be transferred to miscellaneous receipts of the Treasury. PART II-ANTIQUITIES AND HISTORIC PRESERVATION NATIONAL HISTORIC PRESERVATION ACT 1 AN ACT To establish a program for the preservation of additional historic Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. (a) This Act may be cited as the "National Historic Preservation Act". (b) The Congress finds and declares that (1) the spirit and direction of the Nation are founded upon and reflected in its historic heritage; (2) 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; (3) historic properties significant to the Nation's heritage are being lost or substantially altered, often inadvertently, with increasing frequency; (4) the preservation of this irreplaceable heritage is in the public interest so that its vital legacy of cultural, educational, aesthetic, inspirational, economic, and energy benefits will be maintained and enriched for future generations of Americans; (5) 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; (6) 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; and (7) 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 1 The National Historic Preservation Act (16 U.S.C. 470-470t), as set forth herein, consists of Public Law 89-665 (Oct. 15, 1966) and amendments thereto. 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. SEC. 2. It shall be the policy of the Federal Government, in cooperation with other nations and in partnership with the States, local governments, Indian tribes, and private organizations and individuals to (1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony and fulfill the social, economic, and other requirements of present and future generations; (2) provide leadership in the preservation of the prehistoric and historic resources of the United States and of the international community of nations; (3) administer federally owned, administered, or controlled prehistoric and historic resources in a spirit of stewardship for the inspiration and benefit of present and future generations; (4) contribute to the preservation of nonfederally owned prehistoric and historic resources and give maximum encouragement to organizations and individuals undertaking preservation by private means; (5) encourage the public and private preservation and utilization of all usable elements of the Nation's historic 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 I SEC. 101. (a)(1)(A) The Secretary of the Interior is authorized to expand and maintain a National Register of Historic Places composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. (B) Properties meeting the criteria for National Historic Landmarks established pursuant to paragraph (2) shall be designated as "National Historic Landmarks" and included on the National Register, subject to the requirements of paragraph (6). All historic properties included on the National Register on the date of the enactment of the National Historic Preservation Act Amendments of 1980 shall be deemed to be included on the National Register as of their initial listing for purposes of this Act. All historic properties listed in the Federal Register of February 6, 1979, as "National Historic Landmarks" or thereafter prior to the effective date of this Act are declared by Congress to be National Historic Landmarks of national historic significance as of their initial listing as such in the Federal Register for purposes of this Act and the Act of August 21, 1935 (49 Stat. 666); except that in cases of National Historic Landmark districts for which no boundaries have been established, boundaries must first be published in the Federal Register and submitted to the Committee on Energy and Natural Resources |