Home > 106th Congressional Bills > S. 246 (is) To protect private property rights guaranteed by the fifth amendment to the Constitution by requiring Federal agencies to prepare private property taking impact analyses and by allowing expanded access to Federal courts. [Introduced in Senate]...S. 246 (is) To protect private property rights guaranteed by the fifth amendment to the Constitution by requiring Federal agencies to prepare private property taking impact analyses and by allowing expanded access to Federal courts. [Introduced in Senate]...
108th CONGRESS
2d Session
S. 2469
To amend the National Historic Preservation Act to provide
appropriation authorization and improve the operations of the Advisory
Council on Historic Preservation.
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IN THE SENATE OF THE UNITED STATES
May 20, 2004
Mr. Talent introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
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A BILL
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.''.
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