54 U.S.C. § 302902: Grants to States

Summary

The Secretary must run a matching-grant program that gives money to States to carry out this part of the law. States must apply under a statewide historic preservation plan that the Secretary approves after looking at the State’s outdoor recreation plan. Grants require the State to send reports when asked, to take over maintenance, repair, and management after a project ends, and to follow any extra conditions the Secretary sets. The Secretary can waive the plan and maintenance rules for grants to the National Trust. No grant can pay more than 60 percent of the total cost of projects under the State Historic Preservation Officer in one fiscal year, and the State’s share must come from non‑Federal sources. States may not use the value of land obtained before October 15, 1966 to meet their share. The Secretary decides how to split money among States based on need and must notify each State of its share within 30 days after Congress approves funding. Any share not paid or obligated that year or in the next two fiscal years will be reallocated, and the Secretary will publish the method used. Each State must pass at least 10 percent of its annual share to certified local governments for local historic preservation projects. If total State apportionments for a year exceed $65,000,000, half of the excess must also go to certified local governments. The Secretary will set rules to keep any single local government from getting a disproportionate amount, but those rules cannot stop a State from giving more than the 10 percent minimum or force a State to give more than 10 percent. Administrative costs charged to State projects may not be more than 25 percent of total project costs, except for grants to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau.

Title 54, §302902

National Park Service and Related Programs, Source: USLM XML via OLRC

(a)In General.—

The Secretary shall administer a program of matching grants to the States for the purposes of carrying out this division.

(b)Conditions.—

(1)In general .—

No grant may be made under this division—

(A)unless the application is in accordance with the comprehensive statewide historic preservation plan that has been approved by the Secretary after considering its relationship to the comprehensive statewide outdoor recreation plan prepared pursuant to chapter 2003 of this title;

(B)unless the grantee has agreed to make reports, in such form and containing such information, as the Secretary may from time to time require;

(C)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; or

(D)until the grantee has complied with such further terms and conditions as the Secretary may consider necessary or advisable.

(2)Waiver.—

The Secretary may waive the requirements of subparagraphs (A) and (C) of paragraph (1) for any grant under this division to the National Trust.

(3)Amount limitation.—

(A)In general.—

No grant may be made under this division 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 302303 of this title in any one fiscal year.

(B)Source of state share of costs.—

Except as permitted by other law, the State share of the costs referred to in subparagraph (A) shall be contributed by non-Federal sources.

(4)Restriction on Use of Real Property To Meet Non-Federal Share of Cost of Project.—

No State shall be permitted to utilize the value of real property obtained before October 15, 1966, in meeting the non-Federal share of the cost of a project for which a grant is made under this division.

(c)Apportionment of Grant Amounts.—

(1)Bases for apportionment.—

The amounts appropriated and made available for grants to the States—

(A)for the purposes of this division shall be apportioned among the States by the Secretary on the basis of needs as determined by the Secretary; and

(B)for projects and programs under this division for each fiscal year shall be apportioned among the States as the Secretary determines to be appropriate.

(2)Notification.—

The Secretary shall notify each State of its apportionment under paragraph (1)(B) within 30 days after the date of enactment of legislation appropriating funds under this division.

(3)Reapportionment.—

Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which the notification is given or during the 2 fiscal years after that fiscal year shall be reapportioned by the Secretary in accordance with paragraph (1)(B). The Secretary shall analyze and revise as necessary the method of apportionment. The method and any revision shall be published by the Secretary in the Federal Register.

(4)Transfer of funds to certified local governments.—

Not less than 10 percent of the annual apportionment distributed by the Secretary to each State for the purposes of carrying out this division shall be transferred by the State, pursuant to the requirements of this division, to certified local governments for historic preservation projects or programs of the certified local governments. In any year in which the total annual apportionment to the States exceeds $65,000,000, 50 percent of the excess shall also be transferred by the States to certified local governments.

(5)Guidelines for use and distribution of funds to certified local governments.—

The Secretary shall establish guidelines for the use and distribution of funds under paragraph (4) to ensure that no certified 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 certified local government. The guidelines shall not limit the ability of any State to distribute more than 10 percent of its annual apportionment under paragraph (4), nor shall the Secretary require any State to exceed the 10 percent minimum distribution to certified local governments.

(d)Administrative Costs.—

The total direct and indirect administrative costs charged for carrying out State projects and programs shall not exceed 25 percent of the aggregate costs (except in the case of a grant to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 302902(a)16 U.S.C. 470a(e)(1).Pub. L. 89–665, title I, § 101(e)(1), formerly § 101(d)(1), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91–383, § 11, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93–54, § 1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96–205, title VI, § 608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title II, § 201(a), Dec. 12, 1980, 94 Stat. 2992; redesignated as § 101(e)(1) and amended, Pub. L. 102–575, title XL, §§ 4006(a)(1), 4007(1), Oct. 30, 1992, 106 Stat. 4755, 4758. 302902(b)(1)16 U.S.C. 470b(a) (1st sentence paragraphs (2), (4) through (6)).Pub. L. 89–665, title I, § 102(a) (1st sentence paragraphs (2), (4) through (6), (d) (relating to remaining cost of project)), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, § 201(1), Sept. 28, 1976, 90 Stat. 1319. 302902(b)(2)16 U.S.C. 470b(b).Pub. L. 89–665, title I, § 102(b), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, § 201(1), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 102–575, title XL, § 4009(2), Oct. 30, 1992, 106 Stat. 4759. 302902(b) (3)(A)16 U.S.C. 470b(a) (1st sentence paragraph (3)).Pub. L. 89–665, title I, § 102(a) (1st sentence paragraph (3)), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, § 201(1), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 96–515, title II, § 202(a), Dec. 12, 1980, 94 Stat. 2993; Pub. L. 102–575, title XL, § 4009(1), Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106–208, § 5(a)(5), May 26, 2000, 114 Stat. 318. 302902(b) (3)(B)16 U.S.C. 470b(a) (2d sentence).Pub. L. 89–665, title I, § 102(a) (2d sentence), as added Pub. L. 96–515, title II, § 202(b), Dec. 12, 1980, 94 Stat. 2993. 302902(b)(4)16 U.S.C. 470b(d) (relating to remaining cost of project). 302902(c)16 U.S.C. 470c.Pub. L. 89–665, title I, § 103, Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, § 201(2), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 96–515, title II, § 203, Dec. 12, 1980, 94 Stat. 2993; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–575, title XL, § 4010, Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106–208, § 5(a)(6), May 26, 2000, 114 Stat. 318. 302902(d)16 U.S.C. 470b(e).Pub. L. 89–665, title I, § 102(e), as added Pub. L. 102–575, title XL, § 4009(3), Oct. 30, 1992, 106 Stat. 4759. In subsection (b)(4), the words “non-Federal share of the” are substituted for “remaining” for clarity.

§302902 Grants to States

Summary

Title 54, §302902

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata