CITE

    16 USC Sec. 470h-3                                          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. 470h-3. Lease or exchange of historic property

STATUTE

    (a) Authorization; consultation with Council
      Notwithstanding any other provision of law, any Federal agency
    after consultation with the Council, shall, to the extent
    practicable, establish and implement alternatives for historic
    properties, including adaptive use, that are not needed for current
    or projected agency purposes, and may lease an historic property
    owned by the agency to any person or organization, or exchange any
    property owned by the agency with comparable historic property, if
    the agency head determines that the lease or exchange will
    adequately insure the preservation of the historic property.
    (b) Proceeds of lease for administration, etc., of property;
      deposit of surplus proceeds into Treasury
      The proceeds of any lease under subsection (a) of this section
    may, notwithstanding any other provision of law, be retained by the
    agency entering into such lease and used to defray the costs of
    administration, maintenance, repair, and related expenses incurred
    by the agency with respect to such property or other properties
    which are on the National Register which are owned by, or are under
    the jurisdiction or control of, such agency. Any surplus proceeds
    from such leases shall be deposited into the Treasury of the United
    States at the end of the second fiscal year following the fiscal
    year in which such proceeds were received.
    (c) Contracts for management of historic property
      The head of any Federal agency having responsibility for the
    management of any historic property may, after consultation with
    the Advisory Council on Historic Preservation, enter into contracts
    for the management of such property. Any such contract shall
    contain such terms and conditions as the head of such agency deems
    necessary or appropriate to protect the interests of the United
    States and insure adequate preservation of the historic property.

SOURCE

    (Pub. L. 89-665, title I, Sec. 111, as added Pub. L. 96-515, title
    II, Sec. 207, Dec. 12, 1980, 94 Stat. 2997; amended Pub. L. 102-
    575, title XL, Sec. 4013, Oct. 30, 1992, 106 Stat. 4761.)

AMENDMENTS

      1992 - Subsec. (a). Pub. L. 102-575 substituted "after
    consultation with the Council, shall, to the extent practicable,
    establish and implement alternatives for historic properties,
    including adaptive use, that are not needed for current or
    projected agency purposes, and may" for "may, after consultation
    with the Advisory Council on Historic Preservation,".
                   HISTORIC LEASE PROCESS SIMPLIFICATION
      Pub. L. 105-391, title VIII, Sec. 802(b), Nov. 13, 1998, 112
    Stat. 3523, provided that: "The Secretary is directed to simplify,
    to the maximum extent possible, the leasing process for historic
    properties with the goal of leasing available structures in a
    timely manner."