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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
(iv) to assist persons or small businesses within any historic district included in the National Register to
remain within the district.
Grants or loans to Indian tribes and non-profit ethnic or minority organizations for preserving
cultural heritage
(B) The Secretary may also, in consultation with the appropriate State Historic Preservation Officer, make
grants or loans or both under this section to Indian tribes and to nonprofit organizations representing
ethnic or minority groups for the preservation of their cultural heritage.
(C) Grants may be made under subparagraph (A)(i) and (iv) only to the extent that the project cannot be
carried out in as effective a manner through the use of an insured loan under section 104 of this Act.
Grants for religious properties
(4) Grants may be made under this subsection for the preservation, stabilization, restoration, or rehabili-
tation of religious properties listed in the National Register of Historic Places, provided that the purpose
of the grant is secular, does not promote religion, and seeks to protect those qualities that are histori-
cally significant.
Nothing in this paragraph shall be construed to authorize the use of any funds made available under
this section for the acquisition of any property referred to in the preceding sentence.
Direct grants to Indian tribes and Native Hawaiian organizations
(5) The Secretary shall administer a program of direct grants to Indian tribes and Native Hawaiian
organizations for the purpose of carrying out this Act as it pertains to Indian tribes and Native Hawaiian
organizations. Matching fund requirements may be modified. Federal fundsavailable to a tribe or Native
Hawaiian organization may be used as matching funds for the purposes of the tribe’s or organization’s
conducting its responsibilities pursuant to this section.
Direct grants to Micronesia, Marshall Islands, and Palau
(6) (A) As a part of the program of matching grant assistance from the Historic Preservation Fund to
States, the Secretary shall administer a program of direct grants to the Federated States of Micronesia,
the Republic of the Marshall Islands, the Trust Territory of the Pacific Islands, and upon termination of
the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the Republic of Palau (referred to
as the Micronesian States) in furtherance of the Compact of Free Association between the United States
and the Federated States of Micronesia and the Marshall Islands, approved by the Compact of Free As-
sociation Act of 1985 (48 U.S.C. 1681 note), the Trusteeship Agreement for the Trust Territory of the Pacific
Islands, and the Compact of Free Association between the United States and Palau, approved by the Joint
Resolution entitled “Joint Resolution to approve the ‘Compact of Free Association’ between the United
States and Government of Palau, and for other purposes” (48 U.S.C.1681 note). The goal of the program
shall be to establish historic and cultural preservation programs that meet the unique needs of each
Micronesian State so that at the termination of the compacts the programs shall be firmly established.
The Secretary may waive or modify the requirements of this section to conform to the cultural setting of
those nations.
(B) The amounts to be made available to the Micronesian States shall be allocated by the Secretary on
the basis of needs as determined by the Secretary. Matching funds may be waived or modified.
16 U.S.C. 470a(f) — Prohibition on compensating intervenors
(f) No part of any grant made under this section may be used to compensate any person intervening in
any proceeding under this Act.
16 U.S.C. 470a(g) — Guidelines for Federal agency responsibilities
(g) In consultation with the Advisory Council on Historic Preservation, the Secretary shall promulgate
guidelines for Federal agency responsibilities under section 110 of this Act.
[16 U.S.C. 470a(h) — Preservation standards for federally owned properties]
(h) Within one year after December 12, 1980 [the date of enactment of the National Historic Preservation
Act Amendments of 1980], the Secretary shall establish, in consultation with the Secretaries of Agricul-
ture and Defense, the Smithsonian Institution, and the Administrator of the General Services Adminis-
tration, professional standards for the preservation of historic properties in Federal ownership or control.
16 U.S.C. 470a(i) —Technical advice
(i) The Secretary shall develop and make available to Federal agencies, State and local governments,
private organizations and individuals, and other nations and international organizations pursuant to the
World Heritage Convention, training in, and information concerning, professional methods and tech-
niques for the preservation of historic properties and for the administration of the historic preservation
program at the Federal, State, and local level. The Secretary shall also develop mechanisms to provide
information concerning historic preservation to the general public including students.
16 U.S.C. 470a(j) —Develop and implement a comprehensive preservation education and training program
(j) (1) The Secretary shall, in consultation with the Council and other appropriate Federal, tribal, Native
Hawaiian, and non-Federal organizations, develop and implement a comprehensive preservation educa-
tion and training program.
(2) The education and training program described in paragraph (1) shall include —
(A) new standards and increased preservation training opportunities for Federal workers involved in
preservation-related functions;
(B) increased preservation training opportunities for other Federal, State, tribal and local government
workers, and students;
(C) technical or financial assistance, or both, to historically black colleges and universities, to tribal col-
leges, and to colleges with a high enrollment of Native Americans or Native Hawaiians, to establish
preservation training and degree programs; and
(D) coordination of the following activities, where appropriate, with the National Center for Preservation
Technology and Training —
(i) distribution of information on preservation technologies;
(ii) provision of training and skill development in trades, crafts, and disciplines related to historic preser-
vation in Federal training and development programs; and
(iii) support for research, analysis, conservation, curation, interpretation, and display related to preservation.
Section 102
16 U.S.C. 470b(a) —Grant requirements
(a) No grant may be made under this Act —
(1) unless application therefore is submitted to the Secretary in accordance with regulations and proce-
dures 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 state-
wide outdoor recreation plan prepared pursuant to the Land andWater Conservation Fund Act of 1965
(78 Stat. 897) [16 U.S.C. 460l-4];
(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 101(b)(3) of this
Act 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 contin-
ued 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 Act shall be treated as taxable income for purposes of the Internal
Revenue Code of 1986 [Title 26 of the U.S. Code].
16 U.S.C. 470b(b) —Waiver for the National Trust
(b) The Secretary may in his discretion waive the requirements of subsection (a), paragraphs (2) and (5) of this
section for any grant under this Act to the National Trust for Historic Preservation in the United States.
