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.