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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
16 U.S.C. 470b(c*) — State limitation on matching
[*Technically, subsection (c) was repealed and replaced by two subsection “d”s]
(c*) No State shall be permitted to utilize the value of real property obtained before October 15, 1966 [the date
of approval of this Act], inmeeting the remaining cost of a project for which a grant is made under this Act.
16 U.S.C. 470b(d) — Availability of funds
(d) 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.
16 U.S.C. 470b(e) — Administrative Costs
(e) The total administrative costs,direct and indirect,charged for carrying out State projects and programsmay
not exceed 25 percent of the aggregate costs except in the case of grants under section 101(e)(6) of this Act.
Section 103
16 U.S.C. 470c(a) — Basis for apportionment of grants
(a) The amounts appropriated and made available for grants to the States for the purposes of this Act
shall be apportioned among the States by the Secretary on the basis of needs as determined by him.
[16 U.S.C. 470c(b) — Apportionment basis, notice, reapportionment, etc.]
(b) The amounts appropriated andmade available for grants to the States for projects and programs under
this Act for each fiscal year shall be apportioned among the States as the Secretary
determines to be appropriate.The Secretary shall notify each State of its apportionmentunder this subsec-
tion within thirty days following the date of enactment of legislation appropriating funds under this Act. Any
amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in
which such notification is given and for two fiscal years thereafter, shall be reapportioned by the Secretary in
accordance with this subsection.The Secretary shall analyze and revise as necessary the method of apportion-
ment. Suchmethod and any revision thereof shall be published by the Secretary in the Federal Register.
16 U.S.C. 470c(c) — Requirements for certified local government pass-through subgrants
(c) A minimum of 10 per centum of the annual apportionment distributed by the Secretary to each State
for the purposes of carrying out this Act shall be transferred by the State, pursuant to the requirements
of this Act, to local governments which are certified under section 101(c) of this Act for historic preserva-
tion projects or programs of such local governments. In any year in which the total annual apportion-
ment to the States exceeds $65,000,000, one half of the excess shall also be transferred by the States to
local governments certified pursuant to section 101(c) of this Act.
[16 U.S.C. 470c(d) — Guidelines for State distribution to certified local governments]
(d) The Secretary shall establish guidelines for the use and distribution of funds under subsection
(c) of this section to insure that no local government receives a disproportionate share of the funds
available, and may include a maximum or minimum limitation on the amount of funds distributed to
any single local government. The guidelines shall not limit the ability of any State to distribute more
than 10 per centum of its annual apportionment under subsection (c) of this section, nor shall the Secre-
tary require any State to exceed the 10 per centumminimum distribution to local governments.
Section 104
16 U.S.C. 470d(a) — Insured loans for National Register
(a) The Secretary shall establish and maintain a program by which he may, upon application of a private
lender, insure loans (including loans made in accordance with a mortgage) made by such lender to
finance any project for the preservation of a property included on the National Register.
16 U.S.C. 470d(b) — Requirements
(b) A loan may be insured under this section only if —
(1) the loan is made by a private lender approved by the Secretary as financially sound and able to service
the loan properly; (2) the amount of the loan, and interest rate charged with respect to the loan, do not
exceed such amount, and such a rate, as is established by the Secretary, by rule; (3) the Secretary has
consulted the appropriate State Historic Preservation Officer concerning the preservation of the historic
property; (4) the Secretary has determined that the loan is adequately secured and there is reasonable
assurance of repayment; (5) the repayment period of the loan does not exceed the lesser of forty years
or the expected life of the asset financed; (6) the amount insured with respect to such loan does not
exceed 90 per centum of the loss sustained by the lender with respect to the loan; and (7) the loan, the
borrower, and the historic property to be preserved meet other terms and conditions as may be pre-
scribed by the Secretary, by rule, especially terms and conditions relating to the nature and quality of the
preservation work.
Interest rates
The Secretary shall consult with the Secretary of the Treasury regarding the interest rate of loans insured
under this section.
16 U.S.C. 470d(c) — Limitation on loan authority
(c) The aggregate unpaid principal balance of loans insured under this section and outstanding at any
one time may not exceed the amount which has been covered into the Historic Preservation Fund pursu-
ant to section 108 of this Act and subsections (g) and (i) of this section, as in effect on December 12, 1980
[the date of the enactment of the Act], but which has not been appropriated for any purpose.
16 U.S.C. 470d(d) — Assignability and effect
(d) Any contract of insurance executed by the Secretary under this section may be assignable, shall be an
obligation supported by the full faith and credit of the United States, and shall be incontestable except
for fraud or misrepresentation of which the holder had actual knowledge at the time it became a holder.
16 U.S.C. 470d(e) —Method of payment for losses
(e) The Secretary shall specify, by rule and in each contract entered into under this section, the condi-
tions and method of payment to a private lender as a result of losses incurred by the lender on any loan
insured under this section.
16 U.S.C. 470d(f) — Protection of Government’s financial interests; foreclosure
(f) In entering into any contract to insure a loan under this section, the Secretary shall take steps to assure
adequate protection of the financial interests of the Federal Government. The Secretary may
(1) in connection with any foreclosure proceeding, obtain, on behalf of the Federal Government, the proper-
ty securing a loan insured under this title; and (2) operate or lease such property for such period as may be
necessary to protect the interest of the Federal Government and to carry out subsection (g) of this section.
16 U.S.C. 470d(g) — Conveyance of foreclosed property
(g) (1) In any case in which a historic property is obtained pursuant to subsection (f) of this section, the
Secretary shall attempt to convey such property to any governmental or nongovernmental entity under
such conditions as will ensure the property’s continued preservation and use; except that if, after a
reasonable time, the Secretary, in consultation with the Advisory Council on Historic Preservation, deter-
mines that there is no feasible and prudent means to convey such property and to ensure its continued
preservation and use, then the Secretary may convey the property at the fair market value of its interest
in such property to any entity without restriction.
(2) Any funds obtained by the Secretary in connection with the conveyance of any property pursu-
ant to paragraph (1) shall be covered into the historic preservation fund, in addition to the amounts
covered into such fund pursuant to section 108 of this Act and subsection (i) of this section, and
shall remain available in such fund until appropriated by the Congress to carry out the purposes of
this Act.
