Laws: Cases and Codes : U.S. Code : Title 16


   

U.S. Code as of: 01/19/04
Chapter 1A - Notes
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    461.        Declaration of national policy.                       
    462.        Administration by Secretary of the Interior; powers
                 and duties enumerated.                               
    463.        National Park System Advisory Board.                  
                  (a)  Establishment; composition; duties.            
                  (b)  Staff; applicability of Federal law.           
                  (c)  Authority of Board.                            
                  (d)  Federal Advisory Committee Act.                
                  (e)  Cooperation of Federal agencies; use of mails. 
                  (f)  Termination.                                   
                  (g)  National Park Service Advisory Council.        
    464.        Cooperation with governmental and private agencies.   
                  (a)  Authorization.                                 
                  (b)  Advisory committees.                           
                  (c)  Employment of assistance.                      
    465.        Jurisdiction of States in acquired lands.             
    466.        Requirement for specific authorization.               
                  (a)  In general.                                    
                  (b)  Savings provision.                             
                  (c)  Authorization of appropriations.               
    467.        Conflict of laws.                                     
    467a, 467a-1. Repealed.                                           
    467b.       Survey by Secretary of the Interior of sites for
                 commemoration of former Presidents of the United
                 States.                                              
                  (a)  Authority to conduct survey.                   
                  (b)  Preparation and transmittal to Congressional
                        committees of reports on individual sites and
                        structures.                                   
                  (c)  Prohibited statutory constructions.            
                  (d)  Authorization of appropriations.               
    468.        National Trust for Historic Preservation in the United
                 States; creation; purpose.                           
    468a.       Principal office of National Trust Commission.        
    468b.       Administration of National Trust; composition of board
                 of trustees; terms of office; compensation; expenses.
    468c.       Powers and duties of National Trust.                  
    468d.       Consultation with Advisory Board on National Parks,
                 Historic Sites, Buildings, and Monuments.            
    468e.       Repealed.                                             
    469.        Preservation of historical and archeological data
                 threatened by dam construction or alterations of
                 terrain.                                             
    469a.       Notice of dam construction to be given Secretary of
                 the Interior by United States agencies.              
    469a-1.     Threat of irreparable loss or destruction of
                 significant scientific, prehistorical, historical, or
                 archeological data by Federal construction projects;
                 notice to Secretary of the Interior; survey;
                 recovery, preservation, and protection of data.      
                  (a)  Notification and request for preservation of
                        data.                                         
                  (b)  Survey of site; preservation of data;
                        compensation.                                 
    469a-2.     Survey by Secretary of the Interior; recovery and
                 preservation of data; compensation for delays in
                 construction and for temporary loss of use of land.  
                  (a)  Survey conducted; preservation of data.        
                  (b)  Emergency projects.                            
                  (c)  Initiation of survey.                          
                  (d)  Compensation by Secretary.                     
    469a-3.     Progress reports by Secretary of the Interior on
                 surveys and work undertaken as result of surveys;
                 disposition of relics and specimens recovered;
                 coordination of survey and recovery activities;
                 annual report.                                       
                  (a)  Progress reports to funding or licensing
                        agency.                                       
                  (b)  Disposition of relics and specimens.           
                  (c)  Coordination of activities; annual report.     
    469b.       Administration; contracts or agreements; services of
                 experts, consultants, or organizations; acceptance of
                 funds.                                               
    469c.       Assistance to Secretary of the Interior by Federal
                 agencies responsible for construction projects;
                 authorization of appropriations.                     
                  (a)  Assistance of Federal agencies.                
                  (b)  Authorization of appropriations for
                        preservation of data.                         
                  (c)  Authorization of appropriations for surveys and
                        investigations.                               
                  (d)  Availability of appropriations.                
    469c-1.     "State" defined.                                      
    469c-2.     Costs for identification, surveys, evaluation and data
                 recovery with respect to historic properties.        
    469d.       Ice Age National Scientific Reserve; statement of
                 purpose.                                             
    469e.       Plan for continental glaciation.                      
                  (a)  Federal funds.                                 
                  (b)  Copies to Congress; establishment; boundaries. 
                  (c)  Inclusion and exclusion of other areas.        
    469f.       Repealed.                                             
    469g.       Ice Age National Scientific Reserve; recommendations
                 for Federal and State participation in financing
                 public facilities and services.                      
    469h.       Comprehensive plan for Reserve Development.           
                  (a)  Technical assistance.                          
                  (b)  Additional grants.                             
                  (c)  Costs of maintenance.                          
                  (d)  Termination of Federal contributions.          
    469i.       Repealed.                                             
    469j.       Commission for the Preservation of America's Heritage
                 Abroad.                                              
                  (a)  Purpose.                                       
                  (b)  Establishment.                                 
                  (c)  Duties.                                        
                  (d)  Membership.                                    
                  (e)  Meetings.                                      
                  (f)  Compensation and per diem.                     
                  (g)  Authorities.                                   
                  (h)  Reports.                                       
    469k.       American Battlefield Protection Program.              
                  (a)  Short title.                                   
                  (b)  Purpose.                                       
                  (c)  Preservation assistance.                       
                  (d)  Battlefield acquisition grant program.         
                  (e)  Repeal.                                        
    469l.       Findings and purposes.                                
                  (a)  Findings.                                      
                  (b)  Purposes.                                      
    469l-1.     National Underground Railroad Network to Freedom
                 program.                                             
                  (a)  In general.                                    
                  (b)  Elements.                                      
                  (c)  Cooperative agreements and memoranda of
                        understanding.                                
                  (d)  Appropriations.                                
    469l-2.     Preservation of historic sites or structures.         
                  (a)  Authority to make grants.                      
                  (b)  Grant conditions.                              
                  (c)  Matching requirement.                          
                  (d)  Funding.                                       
              SUBCHAPTER II - NATIONAL HISTORIC PRESERVATION          
    470.        Short title; Congressional finding and declaration of
                 policy.                                              
    470-1.      Declaration of policy of the Federal Government.      
                             PART A - PROGRAMS                         
    470a.       Historic preservation program.                        
                  (a)  National Register of Historic Places;
                        designation of properties as historic
                        landmarks; properties deemed included;
                        criteria; nomination of properties by States,
                        local governments or individuals; regulations;
                        review of threats to properties.              
                  (b)  Regulations for State Historic Preservation
                        Programs; periodic evaluations and fiscal
                        audits of State programs; administration of
                        State programs; contracts and cooperative
                        agreements with nonprofit or educational
                        institutions and State Historic Preservation
                        Officers; treatment of State programs as
                        approved programs.                            
                  (c)  Certification of local governments by State
                        Historic Preservation Officer; transfer of
                        portion of grants; certification by Secretary;
                        nomination of properties by local governments
                        for inclusion on National Register.           
                  (d)  Historic properties of Indian tribes.          
                  (e)  Matching grants to States; grants to National
                        Trust for Historic Preservation in the United
                        States; program of direct grants for
                        preservation of properties included on
                        National Register; grants or loans to Indian
                        tribes and ethnic or minority groups for
                        preservation of cultural heritage; grants for
                        religious properties; direct grants to Indian
                        tribes, Native Hawaiian organizations, and
                        Micronesian States.                           
                  (f)  Prohibition of use of funds for compensation of
                        intervenors in preservation program.          
                  (g)  Guidelines for Federal agency responsibility
                        for agency-owned historic properties.         
                  (h)  Professional standards for preservation of
                        federally owned or controlled historic
                        properties.                                   
                  (i)  Dissemination of information concerning
                        professional methods and techniques for
                        preservation of historic properties.          
                  (j)  Preservation education and training program.   
    470a-1.     World Heritage Convention.                            
                  (a)  United States participation.                   
                  (b)  Nomination of property to World Heritage
                        Committee.                                    
                  (c)  Nomination of non-Federal property to World
                        Heritage Committee.                           
    470a-2.     Federal undertakings outside United States; mitigation
                 of adverse effects.                                  
    470b.       Requirements for awarding of grant funds.             
                  (a)  Grant applications; amounts; reports;
                        conditions.                                   
                  (b)  Waiver.                                        
                  (c)  Repealed.                                      
                  (d)  Remaining cost of project.                     
                  (d)  Availability.                                  
                  (e)  Administrative costs.                          
    470b-1.     Grants to National Trust for Historic Preservation.   
                  (a)  Authority of Secretary of Housing and Urban
                        Development; renovation or restoration costs;
                        terms and conditions; amounts.                
                  (b)  Authorization of appropriations.               
    470c.       Apportionment of grant funds.                         
                  (a)  Basis for apportionment.                       
                  (b)  Basis; notification to State; reapportionment. 
                  (c)  Transfer of funds to local governments.        
                  (d)  Guidelines for use and distribution of funds to
                        local governments.                            
    470d.       Loan insurance program for preservation of property
                 included on National Register.                       
                  (a)  Establishment.                                 
                  (b)  Loan qualifications.                           
                  (c)  Limitation on amount of unpaid principal
                        balance of loans.                             
                  (d)  Assignability of insurance contracts; contract
                        as obligation of United States;
                        contestability.                               
                  (e)  Conditions and methods of payment as result of
                        loss.                                         
                  (f)  Protection of financial interests of Federal
                        Government.                                   
                  (g)  Conveyance to governmental or nongovernmental
                        entity of property acquired by foreclosure.   
                  (h)  Assessment of fees in connection with loans.   
                  (i)  Treatment of loans as non-Federal funds.       
                  (j)  Authorization of appropriations for payment of
                        losses.                                       
                  (k)  Eligibility of debt obligation for purchase,
                        etc., by Federal Financing Bank.              
    470e.       Recordkeeping; recipients of assistance; audit.       
    470f.       Effect of Federal undertakings upon property listed in
                 National Register; comment by Advisory Council on
                 Historic Preservation.                               
    470g.       White House, United States Supreme Court building, and
                 United States Capitol not included in program for
                 preservation of historical properties.               
    470h.       Historic Preservation Fund; establishment;
                 appropriations; source of revenue.                   
    470h-1.     Acceptance of privately donated funds by Secretary.   
                  (a)  Authorization; use of funds.                   
                  (b)  Consideration of factors respecting expenditure
                        of funds.                                     
                  (c)  Transfer of unobligated funds.                 
    470h-2.     Historic properties owned or controlled by Federal
                 agencies.                                            
                  (a)  Responsibilities of Federal agencies; program
                        for identification, evaluation, nomination,
                        and protection.                               
                  (b)  Records on historic properties to be altered or
                        demolished; deposit in Library of Congress or
                        other appropriate agency.                     
                  (c)  Agency Preservation Officer; responsibilities;
                        qualifications.                               
                  (d)  Agency programs and projects.                  
                  (e)  Review of plans of transferees of surplus
                        federally owned historic properties.          
                  (f)  Planning and actions to minimize harm to
                        National Historic Landmarks.                  
                  (g)  Costs of preservation as eligible project
                        costs.                                        
                  (h)  Annual preservation awards program.            
                  (i)  Environmental impact statement.                
                  (j)  Waiver of provisions in event of natural
                        disaster or imminent threat to national
                        security.                                     
                  (k)  Assistance for adversely affected historic
                        property.                                     
                  (l)  Documentation of decisions respecting
                        undertakings.                                 
    470h-3.     Lease or exchange of historic property.               
                  (a)  Authorization; consultation with Council.      
                  (b)  Proceeds of lease for administration, etc., of
                        property; deposit of surplus proceeds into
                        Treasury.                                     
                  (c)  Contracts for management of historic property. 
    470h-4.     Professional standards.                               
                  (a)  In general.                                    
                  (b)  Guidelines.                                    
    470h-5      Interstate and international traffic in antiquities.  
                  (a)  Study.                                         
                  (b)  Consultation.                                  
                  (c)  Report.                                        
                  (d)  Authorization.                                 
            PART B - ADVISORY COUNCIL ON HISTORIC PRESERVATION        
    470i.       Advisory Council on Historic Preservation.            
                  (a)  Establishment; membership; Chairman.           
                  (b)  Designation of substitutes.                    
                  (c)  Term of office.                                
                  (d)  Vacancies; term of office of members already
                        appointed.                                    
                  (e)  Designation of Vice Chairman.                  
                  (f)  Quorum.                                        
    470j.       Functions of Council; annual report to President and
                 Congress; recommendations.                           
                  (a)  Duties.                                        
                  (b)  Annual report.                                 
    470k.       Cooperation between Council and instrumentalities of
                 executive branch of Federal Government.              
    470l.       Compensation of members of Council.                   
    470m.       Administration.                                       
                  (a)  Executive Director of Council; appointment;
                        functions and duties.                         
                  (b)  General Counsel; appointment; functions and
                        duties.                                       
                  (c)  Appointment and compensation of officers and
                        employees.                                    
                  (d)  Appointment and compensation of additional
                        personnel.                                    
                  (e)  Expert and consultant services; procurement.   
                  (f)  Financial and administrative services;
                        Department of the Interior.                   
                  (g)  Use of funds, personnel, facilities, and
                        services of Council members.                  
    470n.       International Centre for Study of Preservation and
                 Restoration of Cultural Property.                    
                  (a)  Authorization of participation.                
                  (b)  Official delegation.                           
                  (c)  Authorization of appropriations and payments.  
    470o.       Transfer of personnel, property, etc., by Department
                 of the Interior to Council; time limit.              
    470p.       Rights, benefits, and privileges of transferred
                 employees.                                           
    470q.       Operations of Council; exemption.                     
    470r.       Transmittal of legislative recommendations, or
                 testimony, or comments, to any officer or agency of
                 the United States prior to submission thereof to
                 Congress; prohibition.                               
    470s.       Rules and regulations; participation by local
                 governments.                                         
    470t.       Budget; authorization of appropriations.              
                  (a)  Time of submission; related department;
                        authorized appropriations.                    
                  (b)  Transmittal of copies to Congressional
                        committees.                                   
    470u.       Report by Secretary to Council.                       
    470v.       Exemption for Federal programs or undertakings;
                 regulations.                                         
    470v-1.     Reimbursements from State and local agencies.         
                    PART C - GENERAL AND MISCELLANEOUS                
    470w.       Definitions.                                          
    470w-1.     Authorization for expenditure of appropriated funds.  
    470w-2.     Donations and bequests of money, personal property and
                 less than fee interests in historic property.        
    470w-3.     Access to information.                                
                  (a)  Authority to withhold from disclosure.         
                  (b)  Access determination.                          
                  (c)  Consultation with Council.                     
    470w-4.     Attorneys' fees and costs to prevailing parties in
                 civil actions.                                       
    470w-5.     National Museum for the Building Arts.                
                  (a)  Cooperative agreement between Secretary,
                        Administrator of General Services
                        Administration and Committee for National
                        Museum of the Building Arts; purposes.        
                  (b)  Provisions of cooperative agreement.           
                  (c)  Matching grants-in-aid to Committee; limitation
                        on amounts.                                   
                  (d)  Renovation of site.                            
                  (e)  Annual Committee report to Secretary and
                        Administrator.                                
                  (f)  "Building arts" defined.                       
    470w-6.     Effective date of regulations.                        
                  (a)  Effective date of final regulations.           
                  (b)  Disapproval of regulation by resolution of
                        Congress.                                     
                  (c)  Failure of Congress to adopt resolution of
                        disapproval of regulation.                    
                  (d)  Sessions of Congress.                          
                  (e)  Congressional inaction or rejection of
                        resolution of disapproval not deemed approval
                        of regulation.                                
    470w-7.     Historic lighthouse preservation.                     
                  (a)  In general.                                    
                  (b)  Conveyance of historic light stations.         
                  (c)  Terms of conveyance.                           
                  (d)  Description of property.                       
                  (e)  Definitions.                                   
    470w-8.     Historic light station sales.                         
                  (a)  In general.                                    
                  (b)  Net sale proceeds.                             
     PART D - NATIONAL CENTER FOR PRESERVATION TECHNOLOGY AND TRAINING 
    470x.       Findings.                                             
    470x-1.     Definitions.                                          
    470x-2.     Establishment of National Center.                     
                  (a)  Establishment.                                 
                  (b)  Purposes.                                      
                  (c)  Programs.                                      
                  (d)  Executive Director.                            
                  (e)  Assistance from Secretary.                     
    470x-3.     Preservation Technology and Training Board.           
                  (a)  Establishment.                                 
                  (b)  Duties.                                        
                  (c)  Membership.                                    
    470x-4.     Preservation grants.                                  
                  (a)  In general.                                    
                  (b)  Grant requirements.                            
                  (c)  Eligible applicants.                           
                  (d)  Standards.                                     
                  (e)  Authorization of appropriations.               
    470x-5.     General provisions.                                   
                  (a)  Acceptance of grants and transfers.            
                  (b)  Contracts and cooperative agreements.          
                  (c)  Authorization of appropriations.               
    470x-6.     National Park Service preservation.                   
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