Click any annotated section or its icon to see analysis.
Referenced Laws
Public Law 117–328
Section 1
1. Short title This Act may be cited as the Historic Preservation Enhancement Act.
Section 2
2. Amendments to Historic Preservation Fund provisions Section 303102 of title 54, United States Code, is amended— by striking For each and inserting (a) In general.—Except as provided in subsection (b), for each; by striking of fiscal years 2012 to 2023 and inserting fiscal year; by striking $150,000,000 and inserting $300,000,000; and by adding at the end the following: Unless otherwise provided by law, if the revenues described in subsection (a) are not sufficient to cover the amount to be deposited into each of the funds such revenues are directed under other Federal laws, the difference between the shortfall in the revenues and the amount to be deposited into the Historic Preservation Fund under subsection (a) shall be deposited from amounts in the general fund of the Treasury. Section 303103 of title 54, United States Code, is amended to read as follows: Any amounts deposited in the Historic Preservation Fund under section 303102 for fiscal year 2026 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2027 and each fiscal year thereafter, without further appropriation or fiscal year limitation, to carry out this division (including programs made available from the Historic Preservation Fund). Notwithstanding any other provision of law and subject to subparagraph (B), of the amounts made available from the Fund for each fiscal year under subsection (a)— not less than 40 percent shall be allocated to State Historic Preservation Offices; and not less than 20 percent shall be allocated to Tribal Historic Preservation Offices. The annual allocation to Tribal Historic Preservation Offices under subparagraph (A)(ii) shall be increased as necessary to reflect any annual increase in the number of Tribal Historic Preservation Offices. The President shall submit to Congress proposed allocations to State Historic Preservation Offices (expressed as the total amount proposed to be allocated to all such Offices), Tribal Historic Preservation Offices (expressed as the total amount proposed to be allocated to all such Offices), grant programs described in the item relating to the Historic Preservation Fund in title I of division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328), and any other relevant programs (as determined by the President or a designee of the President), of the full amount made available under subsection (a)— for fiscal year 2027, not later than 90 days after the date of the enactment of the Historic Preservation Enhancement Act; and for each fiscal year thereafter, as part of the annual budget submission of the President. Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by program. If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (a) shall be allocated by the President. If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under such subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. If the Department of the Interior or the National Park Service is operating under a continuing resolution during any period in a fiscal year, the President may distribute funds made available under subsection (a) to State Historic Preservation Offices and Tribal Historic Preservation Offices during such period at the rate of operations provided for such Offices under such subsection during the immediately preceding fiscal year. The President shall submit to Congress an annual report that describes the final allocation, by program, of amounts made available under subsection (a). (b)DepositsUnless otherwise provided by law, if the revenues described in subsection (a) are not sufficient to cover the amount to be deposited into each of the funds such revenues are directed under other Federal laws, the difference between the shortfall in the revenues and the amount to be deposited into the Historic Preservation Fund under subsection (a) shall be deposited from amounts in the general fund of the Treasury.. 303103.Use and availability
(a)In generalAny amounts deposited in the Historic Preservation Fund under section 303102 for fiscal year 2026 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2027 and each fiscal year thereafter, without further appropriation or fiscal year limitation, to carry out this division (including programs made available from the Historic Preservation Fund). (b)Allocation authority (1)Minimum allocation for State and Tribal Historic Preservation Offices (A)In generalNotwithstanding any other provision of law and subject to subparagraph (B), of the amounts made available from the Fund for each fiscal year under subsection (a)—
(i)not less than 40 percent shall be allocated to State Historic Preservation Offices; and (ii)not less than 20 percent shall be allocated to Tribal Historic Preservation Offices.
(B)AdjustmentThe annual allocation to Tribal Historic Preservation Offices under subparagraph (A)(ii) shall be increased as necessary to reflect any annual increase in the number of Tribal Historic Preservation Offices. (2)Submission of cost estimatesThe President shall submit to Congress proposed allocations to State Historic Preservation Offices (expressed as the total amount proposed to be allocated to all such Offices), Tribal Historic Preservation Offices (expressed as the total amount proposed to be allocated to all such Offices), grant programs described in the item relating to the Historic Preservation Fund in title I of division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328), and any other relevant programs (as determined by the President or a designee of the President), of the full amount made available under subsection (a)—
(A)for fiscal year 2027, not later than 90 days after the date of the enactment of the Historic Preservation Enhancement Act; and (B)for each fiscal year thereafter, as part of the annual budget submission of the President.
(3)Alternate allocation
(A)In generalAppropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by program. (B)Allocation by President (i)No alternate allocationsIf Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (a) shall be allocated by the President.
(ii)Insufficient alternate allocationIf Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under such subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. (4)Continuing resolutionIf the Department of the Interior or the National Park Service is operating under a continuing resolution during any period in a fiscal year, the President may distribute funds made available under subsection (a) to State Historic Preservation Offices and Tribal Historic Preservation Offices during such period at the rate of operations provided for such Offices under such subsection during the immediately preceding fiscal year.
(5)Annual ReportThe President shall submit to Congress an annual report that describes the final allocation, by program, of amounts made available under subsection (a)..
Section 3
303103. Use and availability Any amounts deposited in the Historic Preservation Fund under section 303102 for fiscal year 2026 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2027 and each fiscal year thereafter, without further appropriation or fiscal year limitation, to carry out this division (including programs made available from the Historic Preservation Fund). Notwithstanding any other provision of law and subject to subparagraph (B), of the amounts made available from the Fund for each fiscal year under subsection (a)— not less than 40 percent shall be allocated to State Historic Preservation Offices; and not less than 20 percent shall be allocated to Tribal Historic Preservation Offices. The annual allocation to Tribal Historic Preservation Offices under subparagraph (A)(ii) shall be increased as necessary to reflect any annual increase in the number of Tribal Historic Preservation Offices. The President shall submit to Congress proposed allocations to State Historic Preservation Offices (expressed as the total amount proposed to be allocated to all such Offices), Tribal Historic Preservation Offices (expressed as the total amount proposed to be allocated to all such Offices), grant programs described in the item relating to the Historic Preservation Fund in title I of division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328), and any other relevant programs (as determined by the President or a designee of the President), of the full amount made available under subsection (a)— for fiscal year 2027, not later than 90 days after the date of the enactment of the Historic Preservation Enhancement Act; and for each fiscal year thereafter, as part of the annual budget submission of the President. Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by program. If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (a) shall be allocated by the President. If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under such subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. If the Department of the Interior or the National Park Service is operating under a continuing resolution during any period in a fiscal year, the President may distribute funds made available under subsection (a) to State Historic Preservation Offices and Tribal Historic Preservation Offices during such period at the rate of operations provided for such Offices under such subsection during the immediately preceding fiscal year. The President shall submit to Congress an annual report that describes the final allocation, by program, of amounts made available under subsection (a).
Section 4
3. Authorization of Historic Preservation Fund programs Subject to the availability of appropriations, amounts are authorized to be made available from the Historic Preservation Fund to the following programs: African American Civil Rights Movement Initiative & Grants. History of Equal Rights Grants (formerly known as Civil Rights Grants for All Americans). Survey Grants for Underrepresented Communities. Paul Bruhn Historic Revitalization Grants.