[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1829 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
December 6, 2006.
Resolved, That the bill from the Senate (S. 1829) entitled ``An Act to
repeal certain sections of the Act of May 26, 1936, pertaining to the Virgin
Islands'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
TITLE I--SACRAMENTO-SAN JOAQUIN DELTA
SEC. 101. CALIFORNIA DELTA SUBVENTION.
(a) Authority.--The Secretary of the Interior, acting through the
Commissioner of Reclamation, shall deposit within 30 days of receipt,
all funds under this title into the Fund established by Cal. Water Code
section 12300(a), to be used for project reimbursement under Cal. Water
Code section 12300(b)(1), as in effect before July 1, 2006.
(b) Administrative Costs.--The Bureau of Reclamation may use not
more than 1 percent of appropriated funds to cover administrative and
overhead costs.
(c) Authorization of Appropriations.--There are authorized to carry
out this section $10,000,000 for each of fiscal years 2007 through
2012. Any amounts expended under this subsection shall be considered to
be nonreimbursable Federal expenditures.
TITLE II--NATIONAL HISTORIC PRESERVATION ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Historic Preservation Act
Amendments of 2006''.
SEC. 202. HISTORIC PRESERVATION OFFICER RESPONSIBILITIES.
Section 101(b) of the National Historic Preservation Act (16 U.S.C.
470a(b)) is amended by adding at the end the following:
``(7) The State Historic Preservation Officer shall have no
authority to require an applicant for Federal assistance,
permit, or license to identify historic properties outside the
undertaking's area of potential effects as determined by the
Federal agency in accordance with the regulations implementing
section 106.
``(8) If the State Historic Preservation Officer, Tribal
representative, or Tribal Historic Preservation Officer fails
to respond within 30 days after an adequately documented
finding of `no historic properties affected' or `no adverse
effect' as provided in the regulations implementing section
106, the Federal agency may assume that the State Historic
Preservation Officer or Tribal Historic Preservation Officer
has no objection to the finding.''.
SEC. 203. ADDITIONAL CRITERIA FOR CERTIFICATION OF LOCAL GOVERNMENTS TO
CARRY OUT NATIONAL HISTORIC PRESERVATION ACT.
Section 101(c)(1) of the National Historic Preservation Act (16
U.S.C. 470a(c)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph (F);
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) agrees that it shall not use any eligibility
determination regarding the inclusion of any property
or District on the National Register to initiate local
regulatory requirements unless the entity provides full
due process protection to the owner or owners of the
property or District through a hearing process; and'';
and
(4) in the matter below the subparagraphs, by striking
``through (E)'' and inserting ``through (F)''.
SEC. 204. HISTORIC PRESERVATION FUND.
Section 108 of the National Historic Preservation Act (16 U.S.C.
470h) is amended by striking ``2005'' and inserting ``2015''.
SEC. 205. ADVISORY COUNCIL ON HISTORIC PRESERVATION.
(a) Membership.--Section 201 of the National Historic Preservation
Act (16 U.S.C. 470i) is amended--
(1) in subsection (a)(4), by striking ``four'' and
inserting ``seven'';
(2) in subsection (b), by striking ``(5) and (6)'' and
inserting ``paragraph (6)''; and
(3) in subsection (f), by striking ``Nine'' and inserting
``Eleven''.
(b) Financial and Administrative Services.--Section 205(f) of such
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, prescribed under section
5514(b) of title 5, United States Code, 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
under sections 1513(d) and 1514 of title 31, United States Code, shall
apply to appropriations of the Council. The Council shall not be
required to prescribe such regulations.''.
(c) Authorization of Appropriations.--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''.
SEC. 206. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PROGRAMS IN
MEETING PURPOSES AND POLICIES OF THE NATIONAL HISTORIC
PRESERVATION ACT.
The National Historic Preservation Act is amended by inserting
after section 215 (16 U.S.C. 470v-1) 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. 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
participate in the selection of recipients, if such provisions are not
inconsistent with the statutory authorization and purpose of the grant
or assistance program.
``(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 the Federal
agency that administers such program to further the consistency
of the program with the purposes and policies of this 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.''.
TITLE III--REPEAL OF CERTAIN LAWS PERTAINING TO THE VIRGIN ISLANDS
SEC. 301. REPEAL OF CERTAIN LAWS PERTAINING TO THE VIRGIN ISLANDS.
(a) Repeal.--Sections 1 through 6 of the Act of May 26, 1936
(Chapter 450; 49 Stat. 1372-1373; 48 U.S.C. 1401-1401e), are repealed.
(b) Effective Date.--This section shall be deemed to have taken
effect on July 22, 1954.
TITLE IV--NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY, NEWTONIA CIVIL
WAR BATTLEFIELDS, MISSOURI
SEC. 401. NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY, NEWTONIA CIVIL
WAR BATTLEFIELDS, MISSOURI.
(a) Special Resource Study.--The Secretary of the Interior shall
conduct a special resource study relating to the First Battle of
Newtonia in Newton County, Missouri, which occurred on September 30,
1862, and the Second Battle of Newtonia, which occurred on October 28,
1864, during the Missouri Expedition of Confederate General Sterling
Price in September and October 1864.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) evaluate the national significance of the Newtonia
battlefields and their related sites;
(2) consider the findings and recommendations contained in
the document entitled ``Vision Plan for Newtonia Battlefield
Preservation'' and dated June 2004, which was prepared by the
Newtonia Battlefields Protection Association;
(3) evaluate the suitability and feasibility of adding the
battlefields and related sites as part of Wilson's Creek
National Battlefield or designating the battlefields and
related sites as a unit of the National Park System;
(4) analyze the potential impact that the inclusion of the
battlefields and related sites as part of Wilson's Creek
National Battlefield or their designation as a unit of the
National Park System is likely to have on land within or
bordering the battlefields and related sites that is privately
owned at the time of the study is conducted;
(5) consider alternatives for preservation, protection, and
interpretation of the battlefields and related sites by the
National Park Service, other Federal, State, or local
governmental entities, or private and nonprofit organizations;
and
(6) identify cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives referred to in paragraph (5).
(c) Criteria.--The criteria for the study of areas for potential
inclusion in the National Park System contained in section 8 of Public
Law 91-383 (16 U.S.C. 1a-5) shall apply to the study under subsection
(a).
(d) Transmission to Congress.--Not later than three years after the
date on which funds are first made available for the study under
subsection (a), the Secretary shall submit to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
Amend the title so as to read ``An Act to repeal certain
sections of the Act of May 26, 1936, pertaining to the Virgin
Islands, and for other purposes.''.
Attest:
Clerk.
109th CONGRESS
2d Session
S. 1829
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AMENDMENTS