Preserve America

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Preserve America

Executive Order 13287 of March 3, 2003

Presidential Documents Title 3-- The President [[Page 10635]]

Executive Order 13287 of March 3, 2003

Preserve America

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including the National Historic Preservation

Act (16 U.S.C. 470 et seq.) (NHPA) and the National

Environmental Policy Act (42 U.S.C. 4321 et seq.), it

is hereby ordered:

Section 1. Statement of Policy. It is the policy of the

Federal Government to provide leadership in preserving

America's heritage by actively advancing the

protection, enhancement, and contemporary use of the

historic properties owned by the Federal Government,

and by promoting intergovernmental cooperation and

partnerships for the preservation and use of historic

properties. The Federal Government shall recognize and

manage the historic properties in its ownership as

assets that can support department and agency missions

while contributing to the vitality and economic well-

being of the Nation's communities and fostering a

broader appreciation for the development of the United

States and its underlying values. Where consistent with

executive branch department and agency missions,

governing law, applicable preservation standards, and

where appropriate, executive branch departments and

agencies (``agency'' or ``agencies'') shall advance

this policy through the protection and continued use of

the historic properties owned by the Federal

Government, and by pursuing partnerships with State and

local governments, Indian tribes, and the private

sector to promote the preservation of the unique

cultural heritage of communities and of the Nation and

to realize the economic benefit that these properties

can provide. Agencies shall maximize efforts to

integrate the policies, procedures, and practices of

the NHPA and this order into their program activities

in order to efficiently and effectively advance

historic preservation objectives in the pursuit of

their missions.

Sec. 2. Building Preservation Partnerships. When

carrying out its mission activities, each agency, where

consistent with its mission and governing authorities,

and where appropriate, shall seek partnerships with

State and local governments, Indian tribes, and the

private sector to promote local economic development

and vitality through the use of historic properties in

a manner that contributes to the long-term preservation

and productive use of those properties. Each agency

shall examine its policies, procedures, and

capabilities to ensure that its actions encourage,

support, and foster public-private initiatives and

investment in the use, reuse, and rehabilitation of

historic properties, to the extent such support is not

inconsistent with other provisions of law, the

Secretary of the Interior's Standards for Archeology

and Historic Preservation, and essential national

department and agency mission requirements.

Sec. 3. Improving Federal Agency Planning and

Accountability. (a) Accurate information on the state

of Federally owned historic properties is essential to

achieving the goals of this order and to promoting

community economic development through local

partnerships. Each agency with real property management

responsibilities shall prepare an assessment of the

current status of its inventory of historic properties

required by section 110(a)(2) of the NHPA (16 U.S.C.

470h-2(a)(2)), the general condition and management

needs of such properties, and the steps underway or

planned to meet those management needs. The assessment

shall also include an evaluation of the suitability of

the agency's types of historic properties to contribute

to community economic development initiatives,

including heritage tourism, taking into [[Page 10636]]

account agency mission needs, public access

considerations, and the long-term preservation of the

historic properties. No later than September 30, 2004,

each covered agency shall complete a report of the

assessment and make it available to the Chairman of the

Advisory Council on Historic Preservation (Council) and

the Secretary of the Interior (Secretary).

(b) No later than September 30, 2004, each agency

with real property management responsibilities shall

review its regulations, management policies, and

operating procedures for compliance with sections 110

and 111 of the NHPA (16 U.S.C. 470h-2 & 470-3) and make

the results of its review available to the Council and

the Secretary. If the agency determines that its

regulations, management policies, and operating

procedures are not in compliance with those

authorities, the agency shall make amendments or

revisions to bring them into compliance.

responsibilities shall, by September 30, 2005, and

every third year thereafter, prepare a report on its

progress in identifying, protecting, and using historic

properties in its ownership and make the report

available to the Council and the Secretary. The Council

shall incorporate this data into a report on the state

of the Federal Government's historic properties and

their contribution to local economic development and

submit this report to the President by February 15,

2006, and every third year thereafter.

(d) Agencies may use existing information gathering

and reporting systems to fulfill the assessment and

reporting requirements of subsections 3(a)-(c) of this

order. To assist agencies, the Council, in consultation

with the Secretary, shall, by September 30, 2003,

prepare advisory guidelines for agencies to use at

their discretion.

(e) No later than June 30, 2003, the head of each

agency shall designate a senior policy level official

to have policy oversight responsibility for the

agency's historic preservation program and notify the

Council and the Secretary of the designation. This

senior official shall be an assistant secretary, deputy

assistant secretary, or the equivalent, as appropriate

to the agency organization. This official, or a

subordinate employee reporting directly to the

official, shall serve as the agency's Federal

Preservation Officer in accordance with section 110(c)

of the NHPA. The senior official shall ensure that the

Federal Preservation Officer is qualified consistent

with guidelines established by the Secretary for that

position and has access to adequate expertise and

support to carry out the duties of the position.

Sec. 4. Improving Federal Stewardship of Historic

Properties. (a) Each agency shall ensure that the

management of historic properties in its ownership is

conducted in a manner that promotes the long-term

preservation and use of those properties as Federal

assets and, where consistent with agency missions,

governing law, and the nature of the properties,

contributes to the local community and its economy.

(b) Where consistent with agency missions and the

Secretary of the Interior's Standards for Archeology

and Historic Preservation, and where appropriate,

agencies shall cooperate with communities to increase

opportunities for public benefit from, and access to,

Federally owned historic properties.

authority to encourage and accept donations of money,

equipment, and other resources from public and private

parties to assist other agencies in the preservation of

historic properties in Federal ownership to fulfill the

goals of the NHPA and this order.

(d) The National Park Service, working with the

Council and in consultation with other agencies, shall

make available existing materials and information for

education, training, and awareness of historic property

stewardship to ensure that all Federal personnel have

access to information and can develop the skills

necessary to continue the productive use of Federally

owned historic properties while meeting their

stewardship responsibilities. [[Page 10637]]

(e) The Council, in consultation with the National

Park Service and other agencies, shall encourage and

recognize exceptional achievement by such agencies in

meeting the goals of the NHPA and this order. By March

31, 2004, the Council shall submit to the President and

the heads of agencies recommendations to further

stimulate initiative, creativity, and efficiency in the

Federal stewardship of historic properties.

Sec. 5. Promoting Preservation Through Heritage

Tourism.

(a) To the extent permitted by law and within

existing resources, the Secretary of Commerce, working

with the Council and other agencies, shall assist

States, Indian tribes, and local communities in

promoting the use of historic properties for heritage

tourism and related economic development in a manner

that contributes to the long-term preservation and

productive use of those properties. Such assistance

shall include efforts to strengthen and improve

heritage tourism activities throughout the country as

they relate to Federally owned historic properties and

significant natural assets on Federal lands.

(b) Where consistent with agency missions and

governing law, and where appropriate, agencies shall

use historic properties in their ownership in

conjunction with State, tribal, and local tourism

programs to foster viable economic partnerships,

including, but not limited to, cooperation and

coordination with tourism officials and others with

interests in the properties.

Sec. 6. National and Homeland Security Considerations.

Nothing in this order shall be construed to require any

agency to take any action or disclose any information

that would conflict with or compromise national and

homeland security goals, policies, programs, or

activities.

Sec. 7. Definitions. For the purposes of this order,

the term ``historic property'' means any prehistoric or

historic district, site, building, structure, and

object included on or eligible for inclusion on the

National Register of Historic Places in accordance with

section 301(5) of the NHPA (16 U.S.C. 470w(5)). The

term ``heritage tourism'' means the business and

practice of attracting and accommodating visitors to a

place or area based especially on the unique or special

aspects of that locale's history, landscape (including

trail systems), and culture. The terms ``Federally

owned'' and ``in Federal ownership,'' and similar

terms, as used in this order, do not include properties

acquired by agencies as a result of foreclosure or

similar actions and that are held for a period of less

than 5 years.

Sec. 8. Judicial Review. This order is intended only to

improve the internal management of the Federal

Government and it is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or equity by a party against the

United States, its departments, [[Page 10638]]

agencies, instrumentalities or entities, its officers

or employees, or any other person.

(Presidential Sig.)B

THE WHITE HOUSE,

March 3, 2003. [FR Doc. 03-05344 Filed 3-4-03; 8:45 am]