H.R. 9398

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9398 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 9398

To provide an election to resolve certain open partnership 
controversies involving donations of conservation easements.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 23, 2026

Mr. Carey introduced the following bill; which was referred to the 
Committee on Ways and Means

_______________________________________________________________________

A BILL

To provide an election to resolve certain open partnership 
controversies involving donations of conservation easements.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Historic Preservation and Land 
Conservation Certainty Act''.

SEC. 2. ELECTION TO RESOLVE CERTAIN OPEN PARTNERSHIP CONTROVERSIES 
INVOLVING DONATIONS OF CONSERVATION EASEMENTS.

(a) Definitions.--For purposes of this section--
(1) Eligible contribution.--The term ``eligible 
contribution'' means any qualified conservation contribution 
(as defined in section 170(h)(1) of the Internal Revenue Code 
of 1986) made by a partnership in a taxable year ending on or 
before December 31, 2024, with respect to which a deduction was 
claimed under section 170 of such Code on the partnership 
return for such year. For purposes of this section, such 
contribution shall be treated as made by the partnership that 
was the donor of the contributed property for purposes of 
section 170 of such Code, determined without regard to any 
agency or nominee arrangement.
(2) Claimed deduction.--The term ``claimed deduction'' 
means the aggregate amount of the deduction with respect to an 
eligible contribution that was allocable to the ultimate 
taxpayer partners, as reported on Schedule K-1 or similar 
statements furnished (directly or indirectly through 1 or more 
pass-through entities) to such partners for the taxable year in 
which such deduction is taken into account under section 
706(a), section 1366(a), or other applicable provision of the 
Internal Revenue Code of 1986, including any amendments filed 
on or before the date the election statement is filed. In 
determining the claimed deduction, the electing partnership may 
rely on reported amounts (as amended) unless it has actual 
knowledge that a different amount was allocable to ultimate 
taxpayer partners, and may rely on written representations from 
upper-tier pass-through entities. Any discrepancy between the 
amount used in the election statement and the actual aggregate 
amount shall be subject to adjustment under subsection (h), but 
shall not by itself invalidate the election.
(3) Open matter.--The term ``open matter'' means, with 
respect to any eligible contribution, a contribution with 
respect to which--
(A) as of the date the election statement is filed, 
the period for assessment of any tax imposed by chapter 
1 of the Internal Revenue Code of 1986 that is 
attributable to such contribution has not expired 
(determined after the application of section 6501 of 
such Code (including any extension under section 
6501(c)(4) of such Code and any suspension under 
section 6503 of such Code) and, to the extent 
applicable, section 6229 of such Code (as in effect for 
partnership taxable years beginning before January 1, 
2018) and section 6235 of such Code); or
(B) the Secretary has issued to the partnership, 
the applicable partnership representative, or any 
person authorized to act for the partnership, a written 
notice or request identifying the partnership, the 
taxable year, and the contribution (or the conservation 
easement transaction of which such contribution is a 
part), indicating review, examination, or proposed 
adjustment of the Federal income tax treatment thereof, 
or an administrative appeal or judicial proceeding is 
pending with respect thereto.
(4) Election period.--The term ``election period'' means 
the 180-day period beginning on the date of enactment of this 
Act.
(5) Common marketing group.--
(A) In general.--The term ``common marketing 
group'' means all partnerships with eligible 
contributions with respect to which the same principal 
organizer or manager (as defined in subparagraph (B)), 
even if acting in conjunction with 1 or more other 
persons, was principally responsible for organizing or 
managing the plan or arrangement pursuant to which such 
eligible contributions were solicited, structured, or 
facilitated, and includes all partnerships with 
eligible contributions with respect to which any person 
related (within the meaning of section 267(b) or 
section 707(b)(1) of the Internal Revenue Code of 1986) 
to such principal organizer or manager was so 
principally responsible.
(B) Principal organizer or manager.--For purposes 
of subparagraph (A), a person shall be treated as a 
principal organizer or manager with respect to an 
eligible contribution if such person (or any person 
related to such person within the meaning of section 
267(b) or section 707(b)(1) of the Internal Revenue 
Code of 1986) satisfies any of the following 
conditions:
(i) Such person is identified as an 
organizer, manager, sponsor, promoter, 
arranger, or similar role in any written 
offering material, subscription agreement, 
marketing presentation, partnership agreement, 
management agreement, side letter, or other 
written communication provided to any partner 
or prospective partner in connection with the 
partnership making the eligible contribution.
(ii) Such person received, directly or 
indirectly, or was entitled to receive, any 
fee, commission, compensation, profit interest, 
or other economic benefit (other than 
reimbursement of reasonable out-of-pocket 
expenses) in connection with organizing, 
managing, marketing, structuring, facilitating, 
or arranging financing for the eligible 
contribution, or for the acquisition, holding, 
or donation of the property with respect to 
which the eligible contribution was made.
(iii) Such person served, directly or 
indirectly, as a general partner, managing 
member, manager, trustee, investment manager, 
or similar controlling person with authority 
(under governing documents or contract) over 
the partnership's acquisition, holding, 
management, disposition, or donation of the 
property, or over the decision to make the 
eligible contribution.
(C) Overlapping groups.--If a partnership would be 
treated as a member of more than 1 common marketing 
group under this paragraph, all such groups shall be 
treated as a single common marketing group for purposes 
of this section.
(6) Designated partnership.--The term ``designated 
partnership'' means the partnership designated under subsection 
(d)(3).
(7) Electing partnership.--The term ``electing 
partnership'' means the designated partnership (in the case of 
a common marketing group) or the partnership that made the 
eligible contribution (in all other cases).
(8) Non-contributing partner.--The term ``non-contributing 
partner'' means any ultimate taxpayer partner identified under 
subsection (f)(1)(A)(ii).
(9) Election statement.--The term ``election statement'' 
means the written statement filed under subsection (b)(2) that 
includes the information required under subsection (b)(3).
(10) Applicable partnership representative.--The term 
``applicable partnership representative'' means the partnership 
representative designated under section 6223(a) of the Internal 
Revenue Code of 1986 (for partnership taxable years beginning 
after December 31, 2017) or the tax matters partner designated 
under section 6231(a)(7) of such Code (as in effect for 
partnership taxable years beginning before January 1, 2018).
(11) Pass-through entity.--The term ``pass-through entity'' 
means any partnership, S corporation, estate, or trust.
(12) Ultimate taxpayer partner.--The term ``ultimate 
taxpayer partner'' means, with respect to any portion of a 
deduction attributable to an eligible contribution, the person 
that, after taking into account allocations of such portion 
through one or more pass-through entities, actually takes such 
portion into account in determining the tax imposed by chapter 
1 and receives the Federal income tax benefit of such portion, 
whether as a partner, shareholder, beneficiary, owner, or 
otherwise. Except as provided in the preceding sentence, a 
pass-through entity shall not be treated as an ultimate 
taxpayer partner. A pass-through entity shall be treated as an 
ultimate taxpayer partner to the extent such entity is itself 
subject to tax under chapter 1 and claims the benefit of such 
portion.
(13) Secretary.--The term ``Secretary'' means the Secretary 
of the Treasury or the Secretary's delegate.
(b) Election; Making Election; Effect.--
(1) In general.--Notwithstanding any other provision of 
this title, in the case of any eligible contribution with an 
open matter, the electing partnership may elect to have this 
section apply. An election under this section may include only 
eligible contributions that have an open matter as of the date 
the election statement is filed.
(2) Making the election.--An election under this section 
shall be made by filing, not later than the last day of the 
election period, an election statement with the Secretary at 
the place prescribed under section 6091 of the Internal Revenue 
Code of 1986 for filing the partnership return of the electing 
partnership, accompanied by the remittance required under 
subsection (e)(2). Such remittance shall be in the form of a 
cashier's check, certified check, money order, or other check 
payable to the ``United States Treasury'', and shall identify 
the electing partnership and state that it relates to an 
election under this section.
(3) Required contents of election statement.--The election 
statement shall set forth, with respect to the eligible 
contribution--
(A) the name, address, and employer identification 
number of the electing partnership and, in the case of 
a common marketing group, the name and employer 
identification number of each partnership whose 
eligible contributions are included in the election;
(B) the taxable year or years of the contributions 
encompassed by the election;
(C) identification of each donee and the property, 
including the date of each eligible contribution;
(D) the claimed deduction;
(E) the settlement limitation amount determined 
under subsection (c);
(F) the tax component determined under subsection 
(e)(1)(B);
(G) the penalty component determined under 
subsection (e)(1)(C);
(H) the settlement amount determined under 
subsection (e)(1)(A); and
(I) in the case of an electing partnership with a 
non-contributing partner, the schedule described in 
subsection (f)(1).
(4) Effect; waiver.--If an election under this section 
becomes effective under paragraph (6)--
(A) the deduction otherwise allowable under section 
170 of the Internal Revenue Code of 1986 for the 
eligible contribution shall not exceed the settlement 
limitation amount;
(B) the settlement amount shall be due and payable 
as provided in subsection (e);
(C) except as provided in subsection (f), payment 
of the settlement amount shall resolve all Federal 
income tax liability (including penalties and interest) 
attributable to the excess of the claimed deduction 
over the settlement limitation amount; and
(D) the electing partnership, each partner thereof, 
each pass-through entity through which any portion of 
the claimed deduction is allocable, and each ultimate 
taxpayer partner to which any portion of the claimed 
deduction is allocable waive any right to contest the 
amounts described in subparagraphs (E), (F), (G), or 
(H) of paragraph (3), administratively or judicially.
(5) Courtesy notice.--Within 10 days of filing an election 
statement, the electing partnership shall provide a copy 
thereof to any revenue agent, appeals officer, or chief counsel 
attorney assigned to the partnership that made the eligible 
contribution, and to the Clerk of the Tax Court, any United 
States District Court, or any Court of Appeals in which 
proceedings involving the eligible contribution are pending. 
Copies provided to courts shall exclude any schedule described 
in subsection (f)(1) and shall redact taxpayer identification 
numbers and street addresses. Failure to provide such notice 
shall not affect the validity of the election.
(6) Date election becomes effective.--An election that 
satisfies the requirements of this subsection and is 
accompanied by the required remittance under subsection (e)(2) 
shall be effective upon filing. No acceptance, acknowledgment, 
determination, form, regulation, or other administrative action 
by the Secretary shall be required for the election to be 
effective. No requirement or procedural step other than those 
expressly set forth in this section may be imposed as a 
condition to making or giving effect to an election.
(7) Timely mailing.--For purposes of this section, section 
7502 of the Internal Revenue Code of 1986 (determined without 
regard to subsection (f) thereof) shall apply to the election 
statement, any required schedule or authorization, and any 
accompanying remittance.
(8) Suspension of limitations.--The running of any period 
of limitation on assessment with respect to any tax 
attributable to an eligible contribution for which an election 
becomes effective under paragraph (6) shall be suspended from 
the date of filing of the election statement until the earlier 
of 2 years after the date such election becomes effective or 
the date the election becomes void under subsection (h)(4), and 
for 90 days thereafter.
(9) Signature; finality.--The election statement shall be 
signed by the applicable partnership representative. An 
effective election shall be irrevocable and binding on the 
electing partnership, each partner thereof, each partnership in 
a common marketing group whose authorization is included under 
subsection (d)(3), each pass-through entity through which any 
portion of the claimed deduction is allocable, and each 
ultimate taxpayer partner to which any portion of the claimed 
deduction is allocable. Except as expressly provided in 
subsection (f)(6) and (h)(4), such election shall not be 
subject to judicial review. Such election shall be treated as a 
closing agreement under section 7121 with respect to the 
matters resolved under paragraph (4)(C), and shall be deemed 
approved by the Secretary under section 7121(b) as of the date 
the election becomes effective.
(c) Settlement Limitation Amount.--For purposes of this section--
(1) General rule.--Except as provided in paragraph (2), the 
term ``settlement limitation amount'' means an amount equal to 
2.5 times the sum of the relevant basis (as defined in section 
170(h)(7)(B) of the Internal Revenue Code of 1986) of all 
partners with respect to the eligible contribution.
(2) Excepted contributions.--In the case of an eligible 
contribution meeting the requirements of subparagraph (C), (D), 
or (E) of paragraph (7) of the Internal Revenue Code of 1986, 
the term ``settlement limitation amount'' means an amount equal 
to 3.2 times the aggregate amount of capital contributed, 
directly or indirectly, by the ultimate taxpayer partners, 
excluding any amount derived from a loan, insurance 
arrangement, or other financing provided by the principal 
organizer or manager, or by any person related (within the 
meaning of section 267(b) or section 707(b)(1) of such Code) to 
such principal organizer or manager.
(d) Aggregation for Common Marketing Groups.--
(1) Single contribution treatment.--All eligible 
contributions of partnerships in a common marketing group that 
are described in the election statement and that each has an 
open matter as of the date the election statement is filed 
shall be treated as a single eligible contribution for purposes 
of this section.
(2) Computation on combined basis.--In the case of a common 
marketing group, the claimed deduction, settlement limitation 
amount, and settlement amount shall be computed by aggregating 
across all partnerships and all taxable years in the group with 
respect to the eligible contributions described in the election 
statement.
(3) Designation and authorizations.--A common marketing 
group shall act through a designated partnership. The 
designated partnership shall be identified by name and employer 
identification number in a written authorization executed by 
the applicable partnership representative of each partnership 
in the group. Each authorization shall grant filing and 
remittance authority and acknowledge that the executing 
partnership is jointly and severally liable for the settlement 
amount until paid in full.
(4) Validity condition.--Except as provided in paragraph 
(5), an election by a designated partnership shall not be 
effective unless the election statement includes authorizations 
from each partnership in the common marketing group.
(5) Effect of final decisions.--If 1 or more partnerships 
in a common marketing group are precluded from electing under 
subsection (g)(3), the remaining partnerships may make a group 
election if all partnerships to which subsection (g)(3) does 
not apply provide authorizations under this paragraph. In any 
case in which this paragraph applies, paragraph (2) shall be 
applied by excluding any partnership precluded under subsection 
(g)(3).
(6) Joint and several liability.--Each partnership in a 
common marketing group shall be jointly and severally liable 
for the settlement amount until paid in full.
(e) Payment of Settlement Amount.--
(1) Settlement amount.--For purposes of this section--
(A) In general.--The term ``settlement amount'' 
means the sum of--
(i) the tax component; and
(ii) the penalty component.
(B) Tax component.--The tax component is equal to 
the product of--
(i) the excess of the claimed deduction 
(the claimed deduction is the combined total 
amount deducted by all the ultimate taxpayer 
partners) over the settlement limitation 
amount; and
(ii) the highest rate of tax in effect 
under section 1 of the Internal Revenue Code of 
1986 for any taxable year encompassed by the 
election.
(C) Penalty component.--The penalty component is 
equal to the amount that would be determined under 
section 6662 of the Internal Revenue Code of 1986 by 
applying the applicable penalty rate under paragraph 
(3) to an underpayment equal to the tax component and 
by treating the settlement limitation amount as the 
correct amount of the deduction.
(2) Payment.--An election partnership shall pay the 
settlement amount not later than the last day of the election 
period. Except as provided in subsection (f), an election shall 
not be effective unless the electing partnership remits the 
full settlement amount with the election statement.
(3) Applicable penalty rate.--The applicable penalty rate 
shall be--
(A) the rate applicable under section 6662(h) of 
the Internal Revenue Code of 1986 in any case in which 
the claimed deduction exceeded 200 percent of the 
settlement limitation amount; and
(B) the rate applicable under section 6662(a) of 
such Code in any other case the application of the rate 
under the preceding sentence shall be determined 
without regard to section 6664(c) of the Internal 
Revenue Code of 1986.
(4) Interest waiver.--In the case of any portion of the 
settlement amount remitted by the electing partnership not 
later than the last day of the election period, any interest 
under section 6601 of the Internal Revenue Code of 1986 with 
respect to such portion for periods ending before the date of 
remittance is waived. Interest shall accrue in full on any 
amount not so remitted.
(5) Assessment and collection.--Any settlement amount (and 
any amount assessed under subsection (f)) shall be assessed and 
collected in the same manner as tax imposed by chapter 1 of the 
Internal Revenue Code of 1986. The Secretary shall accept and 
apply any remittance as a payment of the settlement amount 
without any receipt, notice, or administrative action affecting 
the effectiveness of the election.
(f) Non-Contributing Partners.--
(1) Identification of non-contributing partners.--
(A) In general.--If the electing partnership does 
not remit the full settlement amount solely because one 
or more ultimate taxpayer partners fail to provide 
their respective allocable amounts, the election 
statement shall include a schedule identifying--
(i) each ultimate taxpayer partner who has 
contributed such partner's allocable amount;
(ii) each ultimate taxpayer partner who has 
not contributed such partner's allocable 
amount; and
(iii) the following information for each 
partner described in clauses (i) and (ii):
(I) The name, current address, 
taxpayer identification number of such 
partner.
(II) The amount described in 
subparagraph (B)(i) with respect to 
such partner.
(III) The allocable amount for such 
partner.
(B) Allocable amount.--For purposes of this 
subsection, a partner's allocable amount is equal to 
the product of the settlement amount and a fraction--
(i) the numerator of which is such 
partner's share of the deduction (as reported 
on the Schedule K-1 or similar statement, 
including amendments filed before the date the 
election statement is filed); and
(ii) the denominator of which is the total 
claimed deduction.
(2) Reduced remittance.--In the case of an election 
statement including a schedule under paragraph (1), the amount 
of the remittance required under subsection (e)(2) shall be 
reduced by the aggregate allocable amounts of non-contributing 
partners.
(3) Assessment against non-contributing partners.--The 
Secretary shall assess against each non-contributing partner an 
amount equal to the sum of--
(A) such partner's allocable amount, and
(B) an amount equal to 25 percent of the product of 
the tax component determined under subsection (e)(1)(B) 
and the fraction described in paragraph (1)(B).
Such amount shall be payable upon notice and demand.
(4) Interest.--Interest under section 6601 of the Internal 
Revenue Code of 1986 shall accrue on any amount assessed under 
this subsection beginning on the day after the last day of the 
election period.
(5) Period of limitations.--For purposes of section 6501 of 
the Internal Revenue Code of 1986, the period for assessment of 
any amount under this subsection shall not expire before 3 
years after the last day of the election period.
(6) Assessment procedures; judicial review.--Amounts 
assessed under paragraph (3) shall be immediately assessable, 
and the restrictions under section 6213(a) of the Internal 
Revenue Code of 1986 on assessment and collection shall not 
apply. A non-contributing partner may contest the computation 
of such partner's allocable amount only by paying the amount 
assessed and filing a claim for refund under section 6511 of 
such Code. Nothing in this subsection shall limit a non-
contributing partner's right to bring suit under section 7422 
of such Code following disallowance of such claim.
(g) Coordination With Prior Proceedings.--
(1) Prior settlements.--If a partnership has entered into a 
closing agreement under section 7121 of the Internal Revenue 
Code of 1986 or a compromise under section 7122 of such Code 
with respect to an eligible contribution, the partnership shall 
exclude from the election any matters resolved thereby.
(2) Pending stipulated decisions.--A partnership with 
respect to which a stipulated decision has been lodged with the 
Tax Court but not yet entered may withdraw such stipulation and 
make an election, provided that such withdrawal occurs before 
the last day of the election period.
(3) Final decisions.--No election may be made with respect 
to an eligible contribution if a decision of the Tax Court has 
become final within the meaning of section 7481 of the Internal 
Revenue Code of 1986, or if a judgment of any other court has 
become final and is no longer subject to review (including by 
petition for writ of certiorari).
(4) Section 6226 elections.--If a partnership has made an 
election under section 6226 of the Internal Revenue Code of 
1986 with respect to an imputed underpayment attributable to an 
eligible contribution, an election under this section may be 
made only if such election under section 6226 of such Code is 
revoked. Notwithstanding section 6226 of such Code and any 
regulations thereunder, such revocation shall be made by a 
written statement signed by the applicable partnership 
representative and included with the election statement, and 
shall be effective solely with respect to the eligible 
contribution and items attributable thereto.
(h) Examination for Computational Accuracy.--
(1) Authority.--Notwithstanding subsection (b)(4), the 
Secretary may examine any election solely to verify the 
correctness of computational elements, including the claimed 
deduction, relevant basis or capital contributions, settlement 
limitation amount, tax component, and penalty component. Such 
examination shall not extend to any determination of fair 
market value or any other substantive issue resolved by the 
election.
(2) Adjustment for discrepancy.--If the Secretary 
determines that the settlement amount was incorrectly computed, 
the Secretary shall notify the electing partnership of such 
discrepancy and the corrected amount by mailing notice to the 
last known address of such partnership. Except as provided in 
subsection (h)(3) and (h)(4), any additional amount due shall 
be payable within 90 days of such notification.
(3) Administrative review.--If, within the 90-day period 
described in subsection (h)(2) the electing partnership files a 
written protest or request for administrative review of all or 
any portion of the additional amount, the Secretary shall 
provide administrative review, including review by the 
Independent Office of Appeals if otherwise available. 
Assessment and collection of the disputed portion shall be 
suspended while such administrative review is pending. Upon 
conclusion of such review, the Secretary shall mail to the 
electing partnership a notice of final administrative 
determination setting forth the amount, if any, finally 
determined by the Secretary.
(4) Judicial review.--The electing partnership may contest 
the computation of any additional amount determined under this 
subparagraph by filing a petition with the Tax Court without 
prior payment or, after payment, by filing a claim for refund 
under section 6511. Any petition to the Tax Court shall be 
filed within 90 days after the Secretary mails the notice 
described in clause (ii), or, if administrative review is 
timely requested under clause (iii), within 90 days after the 
Secretary mails the notice of final administrative 
determination. The Tax Court shall have jurisdiction over any 
timely petition filed under this clause, notwithstanding that 
the electing partnership is not otherwise liable for tax under 
this title, and may redetermine the correct amount of the 
disputed additional amount, but only with respect to the 
computational elements described in clause (i). No assessment, 
levy, or proceeding in court for collection of the disputed 
portion shall be made, begun, or prosecuted until the 
expiration of the applicable 90-day period, or, if a petition 
is timely filed, until the decision of the Tax Court has become 
final under section 7481. Nothing in this paragraph shall be 
construed to limit the electing partnership's right to bring 
suit under section 7422 following disallowance of such claim.
(5) Effect on election.--No election shall be void or 
otherwise impaired solely because the electing partnership 
exercises its rights under (h)(3) or (h)(4). The election shall 
remain in effect pending any administrative review, Tax Court 
proceeding, or refund claim or suit. If any additional amount 
finally determined under this subparagraph is paid within 90 
days after the close of the applicable 90-day period described 
(h)(4) if no petition is filed, or within 90 days after the 
decision of the Tax Court becomes final, the election shall 
remain in effect at the corrected settlement amount, and no 
further liability (other than interest under section 6601 on 
the additional amount from the last day of the election period) 
shall arise from such adjustment.
(6) Election void.--The election shall be void from the 
beginning only if--
(A) the additional amount is not paid within the 
90-day period; and
(B) the electing partnership does not contest the 
Secretary's determination administratively or 
judicially under (h)(4) or (h)(5).
(7) Effect of voided election.--If an election becomes void 
under paragraph (6), any amounts previously remitted shall be 
treated as a payment of tax and applied against any liability 
subsequently determined with respect to the eligible 
contribution.
(8) Time limit.--The Secretary may not provide notification 
under paragraph (2) after the date that is 2 years after the 
date the election becomes effective under subsection (b)(6).
(i) No Inference; Preservation of Other Remedies.--Nothing in this 
section shall be construed to create any inference regarding the proper 
tax treatment or fair market value of any eligible contribution for 
which an election is not made under this section. Nothing in this 
section shall limit or affect any penalty under section 6694, 6695, 
6700, 6701, or any other provision of the Internal Revenue Code of 1986 
applicable to any person other than the electing partnership or its 
partners.

SEC. 3. CONTRIBUTING-BUILDING STANDARD FOR CERTAIN QUALIFIED 
CONSERVATION CONTRIBUTIONS AND CERTIFIED HISTORIC 
STRUCTURES.

(a) Amendment to Section 170(h)(4)(c).--Section 170(h)(4)(C) is 
amended--
(1) in clause (ii), by striking ``and is certified by the 
Secretary of the Interior to the Secretary as being of historic 
significance to the district'' and inserting ``and is a 
contributing building''; and
(2) by inserting after clause (ii) the following flush 
language: ``For purposes of clause (ii), the term `contributing 
building' means any building that--''
``(I) is identified as contributing in the National 
Register nomination for the district, any amendment 
thereto, or the official map, inventory, or other 
district documentation on file with, or approved or 
accepted by, the Secretary of the Interior, or''.
(b) Conforming Amendment to Section 47(c)(3)(a).--Section 
47(c)(3)(A) is amended--
(1) in clause (ii), by striking ``and is certified by the 
Secretary of the Interior to the Secretary as being of historic 
significance to the district'' and inserting ``and is a 
contributing building''; and
(2) by inserting after clause (ii) the following flush 
language: ``For purposes of clause (ii), the term `contributing 
building' means any building that--''
``(I) is identified as contributing 
in the National Register nomination for 
the district, any amendment thereto, or 
the official map, inventory, or other 
district documentation on file with, or 
approved or accepted by, the Secretary 
of the Interior, or
``(II) is certified by the 
Secretary of the Interior to the 
Secretary as contributing to the 
historic significance of the 
district.''.
(c) Conforming Amendment to Section 47(c)(3)(b)(ii)(i).--Section 
47(c)(3)(B)(ii)(I) is amended by striking ``buildings of historic 
significance to the district'' and inserting ``contributing buildings 
in the district''.
(d) Effective Dates.--
(1) Section 170 amendment.--The amendments made by 
subsection (a) shall apply to contributions made in taxable 
years ending before, on, or after the date of enactment, but 
only with respect to--
(A) any taxable year for which the period for 
assessment under section 6501 has not expired as of 
such date;
(B) any taxable year for which a claim for credit 
or refund may be filed under section 6511 as of such 
date;
(C) any taxable year to which a deduction 
attributable to such contribution is carried under 
section 170(d) and for which the period described in 
subparagraph (A) or (B) remains open; or
(D) any administrative or judicial proceeding with 
respect to such contribution that is pending and not 
final as of such date.
(2) Section 47 conforming amendments.--The amendments made 
by subsections (b) and (c) shall apply to taxable years 
beginning after the date of enactment.
(3) No inference.--No inference shall be drawn with respect 
to any taxable year or proceeding closed by operation of law.
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