US Code Title 16 Section 470

CITE

    16 USC Sec. 470b                                            01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1A - HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
    SUBCHAPTER II - NATIONAL HISTORIC PRESERVATION
    Part A - Programs

HEAD

    Sec. 470b. Requirements for awarding of grant funds

STATUTE

    (a) Grant applications; amounts; reports; conditions
      No grant may be made under this subchapter -
        (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 U.S.C. 460l-4 et seq.];
        (3) for more than 60 percent of the aggregate costs of carrying
      out projects and programs under the administrative control of the
      State Historic Preservation Officer as specified in section
      470a(b)(3) of this title in any one fiscal year;
        (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 administration 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.
    Except as permitted by other law, the State share of the costs
    referred to in paragraph (3) shall be contributed by non-Federal
    sources. Notwithstanding any other provision of law, no grant made
    pursuant to this subchapter shall be treated as taxable income for
    purposes of title 26.
    (b) Waiver
      The Secretary may in his discretion waive the requirements of
    subsection (a), paragraphs (2) and (5) of this section for any
    grant under this subchapter to the National Trust for Historic
    Preservation in the United States.
    (c) Repealed. Pub. L. 96-515, title II, Sec. 202(c), Dec. 12, 1980,
      94 Stat. 2993
    (d) (!1) Remaining cost of project
      No State shall be permitted to utilize the value of real property
    obtained before October 15, 1966, in meeting the remaining cost of
    a project for which a grant is made under this subchapter.
    (d) (!1) Availability
      The Secretary shall make funding available to individual States
    and the National Trust for Historic Preservation as soon as
    practicable after execution of a grant agreement. For purposes of
    administration, grants to individual States and the National Trust
    each shall be considered to be one grant and shall be administered
    by the National Park Service as such.
    (e) Administrative costs
      The total administrative costs, direct and indirect, charged for
    carrying out State projects and programs may not exceed 25 percent
    of the aggregate costs except in the case of grants under section
    470a(e)(6) of this title.

SOURCE

    (Pub. L. 89-665, title I, Sec. 102, Oct. 15, 1966, 80 Stat. 916;
    Pub. L. 94-422, title II, Sec. 201(1), Sept. 28, 1976, 90 Stat.
    1319; Pub. L. 96-515, title IV, Sec. 202, Dec. 12, 1980, 94 Stat.
    2993; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
    L. 102-575, title XL, Sec. 4009, Oct. 30, 1992, 106 Stat. 4759;
    Pub. L. 106-208, Sec. 5(a)(5), May 26, 2000, 114 Stat. 318.)

REFERENCES IN TEXT

      The Land and Water Conservation Fund Act of 1965, referred to in
    subsec. (a)(2), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as
    amended, which is classified generally to part B (Sec. 460l-4 et
    seq.) of subchapter LXIX of chapter 1 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 460l-4 of this title and Tables.

AMENDMENTS

      2000 - Subsec. (a)(3). Pub. L. 106-208 substituted "year;" for
    "year." at end.
      1992 - Subsec. (a)(3). Pub. L. 102-575, Sec. 4009(1), amended
    par. (3) generally. Prior to amendment, par. (3) read as follows:
    "for more than 50 per centum of the aggregate cost of carrying out
    projects and programs specified in section 470a(d)(1) and (2) of
    this title in any one fiscal year, except that for the costs of
    State or local historic surveys or inventories the Secretary shall
    provide 70 per centum of the aggregate cost involved in any one
    fiscal year."
      Subsec. (b). Pub. L. 102-575, Sec. 4009(2), which directed
    amendment of subsec. (b) by striking out ", 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
    for the Secretary", was executed by striking out ", 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" after "United States" to reflect the probable
    intent of Congress.
      Subsecs. (d), (e). Pub. L. 102-575, Sec. 4009(3), added subsec.
    (d), relating to availability, and subsec. (e).
      1986 - Subsec. (a). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954", which for
    purposes of codification was translated as "title 26" thus
    requiring no change in text.
      1980 - Subsec. (a). Pub. L. 96-515, Sec. 202(a), (b), in par. (3)
    substituted provision directing that no grant be made for more than
    50 per centum of the aggregate cost of carrying out projects and
    programs specified in section 470a(d)(1) and (2) of this title in
    any one fiscal year, except that for costs of State or local
    historic surveys or inventories the Secretary provide 70 per centum
    of the aggregate cost involved in any one fiscal year for provision
    directing that no grant be made for more than 50 per centum of the
    total cost involved, as determined by the Secretary, which
    determination was to be final, and inserted provision following cl.
    (6), that, except as otherwise permitted, the State share of the
    costs referred to in par. (3) be contributed by non-Federal sources
    and no grant made be treated as taxable income.
      Subsec. (c). Pub. L. 96-515, Sec. 202(c), struck out subsec. (c)
    which authorized the Secretary in his discretion to waive the
    requirements of subsec. (a)(3) of this section for the purposes of
    making grants for the preparation of statewide historic
    preservation plans and surveys and project plans and restricted any
    grant made pursuant to this subsection to not to exceed 70 per
    centum of the cost of the project, with the total cost of grants
    made pursuant to this subsection in any fiscal year not to exceed
    one-half of the funds appropriated for that fiscal year pursuant to
    section 470h of this title.
      1976 - Pub. L. 94-422 reenacted subsecs. (a) and (b) without
    change, added subsec. (c), and redesignated former subsec. (c) as
    (d).

FOOTNOTE

    (!1) So in original. Two subsecs. (d) have been enacted.