
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC470b]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
              SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
 
                            Part A--Programs
 
Sec. 470b. Requirements for awarding of grant funds


(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 of this title];
        (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
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    \1\ So in original. Two subsecs. (d) have been enacted.
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    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.

(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) and (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).

                  Section Referred to in Other Sections

    This section is referred to in section 470h-1 of this title.
