Reauthorization
of the Historic Preservation Fund
***On
December 9, 2006 the House of Representatives passed S. 1378,
the Senate bill that reauthorizes deposits into the Historic Preservation
Fund (HPF) until 2015***
The Historic Preservation Fund (HPF) is
funded from a portion of Outer Continental Shelf oil lease revenues
as specified in Section 108 of the National Historic Preservation
Act (NHPA). Authorization for these revenue deposits into the
HPF expired on September 30, 2005 and legislation had initially
been introduced to extend authorization to 2011.
On July 11, 2005, Senators Jim Talent (R-MO)
and Ron Wyden (D-OR) introduced S.1378 which amended the NHPA,
extending the authorization of deposits into the HPF until 2011,
and expanding the President's Advisory
Council on Historic Preservation (Council) while increasing
the Council's authorized budget from $4 million annually to "such
amounts as may be necessary." The bill also included an amendment
stating that the Council may enter into cooperative agreements
with Federal agencies that administer grant programs that aid
in supporting the purposes of the NHPA. The legislation can be
viewed at: thomas.loc.gov
and entering "S.1378" as the bill number.
On July 26, 2005, Representative Nick Rahall
(D-WV) introduced H.R. 3446 which was nearly identical to the
Senate version of the bill. The legislation can be viewed at:
thomas.loc.gov
and entering "H.R.3446" as the bill number. In a press
statement, Representative Rahall, the Ranking Democrat on the
House Resources Committee, commented, "(a)s America continues
to defend its homeland from those who are intent on rejecting
our democratic tradition, it is only fitting that we reaffirm
our commitment to protecting our past. These sites provide insight
not only into who we are today, but also who we aspire to be tomorrow."
U.S. Delegate Donna Christensen (D-VI),
National Parks Subcommittee Ranking Member and original cosponsor
of the legislation, said, "(t)he National Historic Preservation
Act remains the bedrock upon which all federal historic preservation
programs are built because it insures that the Federal Government
avoids inadvertently damaging historic resources. We should take
great care not to undermine its effectiveness or threaten its
40-year legacy of protecting our nation's historic treasures for
our grandchildren and their children."
"We are pleased that Representative
Rahall has introduced a bill to extend the authorization for deposits
into the Historic Preservation Fund (HPF) and make improvements
for the Advisory Council on Historic Preservation," said
Nancy Schamu, Executive Director of the National Conference of
State Historic Preservation Officers. She
continued, "(t)he HPF reauthorization will continue the off
shore oil lease deposits into the fund through 2011. While the
extension of the HPF deposits is a routine action, the work of
the Fund is essential to fueling the nation's historic preservation
program under the National Historic Preservation Act as carried
out by the States. In this 40-year old partnership, the Council
and the National Park Service set the rules and the State Historic
Preservation Offices do the work. The HPF is essential to the
partnership for the conservation and use of our historic places."
Rahall concluded, "(w)e must be vigilant
in preserving the story of the American people, and learning more
about the stories of those who first inhabited this land - - the
Native Americans." Preservationists
were pleased that a straightforward reauthorization bill was introduced
because in early 2005 a "discussion
draft" proposing detrimental changes to the NHPA was
circulated in the House of Representatives Resources Subcommittee
on National Parks.
On September 22, 2005, Janet Synder Matthews,
the Associate Director for Cultural Resources at the National
Park Service testified before the Senate Energy and Natural Resources
Committee Subcommittee on National Parks that the authorization
of deposits into the HPF should be extended until 2015, noting
that the HPF has been highly successful in meeting the objectives
established by Congress to preserve America’s historic properties.
On April 20, 2006, S.1378 was reported out
of the Senate Energy and Natural Resources Committee and placed
on the Senate calendar.
On July 26, 2006 the House of Representatives
Resources Committee approved H.R.5861, an amended bill that replaced
the earlier-introduced H.R. 3446. H.R. 5861 reauthorized deposits
into the HPF until 2015. National Parks Subcommittee Chairman,
Representative Stevan Pearce (R-NM), introduced H.R.5861 after
considerable engagement with the historic preservation community.
The bill made three changes to the national
historic preservation program. First, the bill added language
to the Certified Local Government (CLG) section ensuring due process
when local historic district ordinances are passed. Second, the
bill required that State Historic Preservation Officers (SHPOs)
or Tribal Historic Preservation Officers (THPOs) respond within
30 days to adequately-documented findings of "no historic
properties affected" or "no adverse effect" (this
language simply codifies the existing regulations governing the
"30 day requirement".) Third, the bill provided that
SHPOs shall not require an applicant for federal assistance to
identify historic properties outside the project's area of potential
effects (APE). Like the Senate version, this bill also provided
for the addition of members to the Advisory Council on Historic
Preservation as well as a permanent appropriation in “such
amounts as may be necessary.”
On September 25, 2006, H.R.5861 was passed
in the House of Representatives. H.R.5861
was approved by unanimous consent, but it was considered likely
that the bill would receive a few minor adjustments by the National
Parks Subcommittee staff before the bill proceeded to conference
where it would be reconciled with the Senate’s reauthorization
bill - S.1378 which was a “clean” reauthorization.
On September 29, 2006, just prior to recessing
for the election in-district work period, the Senate passed S.1378.
In the House of Representatives,
the final hours of the 109th Congress witnessed a flurry of activity
regarding the legislation reauthorizing deposits
into the Historic Preservation Fund (HPF) until 2015. The
House of Representatives had previously passed H.R. 5861, which
contained several provisions relating to Section 106 of the National
Historic Preservation Act (NHPA) and the Certified Local Government
program not included in the Senate bill. Last minute negotiations
focused on whether the House or Senate bill would be the final
vehicle for reauthorization. In the end, the House accepted the
Senate version and on December 9, 2006, S. 1378 was passed.
On December 22, 2006 President George W.
Bush signed the legislation into law. The legislation, signed
without fanfare, was the final piece of a years-long discussion
about potential changes to the National Historic Preservation
Act (NHPA).
Reauthorizing the HPF was one of the issues
preservationists advocated for during their 2006
Annual Meeting.
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