Presidential DocumentExecutive Order 1328703-05344
Preserve America
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 5, 2003
Signed
March 3, 2003
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 68 Issue 43 (Wednesday, March 5, 2003)</title>
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[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Presidential Documents]
[Pages 10635-10638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 03-05344]
Presidential Documents
Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 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.
(c) Each agency with real property management
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.
(c) The Council is directed to use its existing
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]
Billing code 3195-01-P
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</html>Indexed from Federal Register on March 5, 2003.
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