
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC470h-3]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
 
              SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
 
                            Part A--Programs
 
Sec. 470h-3. Lease or exchange of historic property


(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.

(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.''
