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Stat. 2990; Pub. L. 102-575, title XL, §4004(1), Oct. 30, 1992, 106 Stat. 4753. So in original. Probably should be " ". 1OCCUR §302303. Responsibilities of State Historic Preservation Officer (a). —It shall be the responsibility of the State Historic Preservation Officer to IN GENERAL administer the State Historic Preservation Program. (b). —It shall be the responsibility of the State Historic PARTICULAR RESPONSIBILITIES Preservation Officer to— (1) in cooperation with Federal and State agencies, local governments, and private organizations and individuals, direct and conduct a comprehensive statewide survey of historic property and maintain inventories of the property; (2) identify and nominate eligible property to the National Register and otherwise administer applications for listing historic property on the National Register; (3) prepare and implement a comprehensive statewide historic preservation plan; (4) administer the State program of Federal assistance for historic preservation within the State; (5) advise and assist, as appropriate, Federal and State agencies and local governments in carrying out their historic preservation responsibilities; (6) cooperate with the Secretary, the Council, other Federal and State agencies, local governments, and private organizations and individuals to ensure that historic property is taken into consideration at all levels of planning and development; (7) provide public information, education, and training and technical assistance in historic preservation; (8) cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified pursuant to chapter 3025; (9) consult with appropriate Federal agencies in accordance with this division on— (A) Federal undertakings that may affect historic property; and (B) the content and sufficiency of any plans developed to protect, manage, or reduce or mitigate harm to that property; and (10) advise and assist in the evaluation of proposals for rehabilitation projects that may qualify for Federal assistance. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3195. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302303 16 U. S. C. 470a(b)(3). Pub. L. 89-665, title I, §101(b)(3), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94[Release Point 118-106] | usc54118-106.pdf |
Stat. 2991; Pub. L. 102-575, title XL, §4004(2), Oct. 30, 1992, 106 Stat. 4754. In paragraph (6) of subsection (b), the word "private" is added before "organizations" for consistency with paragraph (1). §302304. Contracts and cooperative agreements (a). —A State may carry out all or any part of its responsibilities under this chapter by STATE contract or cooperative agreement with a qualified nonprofit organization or educational institution. (b) SECRETARY. — (1) IN GENERAL. — (A). —Subject to paragraphs (3) and (4), the AUTHORITY TO ASSIST SECRETARY Secretary may enter into contracts or cooperative agreements with a State Historic Preservation Officer for any State authorizing the Officer to assist the Secretary in carrying out one or more of the following responsibilities within that State: (i) Identification and preservation of historic property. (ii) Determination of the eligibility of property for listing on the National Register. (iii) Preparation of nominations for inclusion on the National Register. (iv) Maintenance of historical and archeological data bases. (v) Evaluation of eligibility for Federal preservation incentives. (B). —Nothing in subparagraph (A) AUTHORITY TO MAINTAIN NATIONAL REGISTER shall be construed to provide that any State Historic Preservation Officer or any other person other than the Secretary shall have the authority to maintain the National Register for properties in any State. (2). —The Secretary may enter into a contract or cooperative agreement REQUIREMENTS under paragraph (1) only if— (A) the State Historic Preservation Officer has requested the additional responsibility; (B) the Secretary has approved the State historic preservation program pursuant to sections 302301 and 302302 of this title; (C) the State Historic Preservation Officer agrees to carry out the additional responsibility in a timely and efficient manner acceptable to the Secretary and the Secretary determines that the Officer is fully capable of carrying out the responsibility in that manner; (D) the State Historic Preservation Officer agrees to permit the Secretary to review and revise, as appropriate in the discretion of the Secretary, decisions made by the Officer pursuant to the contract or cooperative agreement; and (E) the Secretary and the State Historic Preservation Officer agree on the terms of additional financial assistance to the State, if there is to be any, for the costs of carrying out that responsibility. (3). —For each significant program area under ESTABLISH CONDITIONS AND CRITERIA the Secretary's authority, the Secretary shall establish specific conditions and criteria essential for the assumption by a State Historic Preservation Officer of the Secretary's duties in each of those programs. (4). —Nothing in this PRESERVATION PROGRAMS AND ACTIVITIES NOT DIMINISHED chapter shall have the effect of diminishing the preservation programs and activities of the Service. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3196. ) HISTORICAL AND REVISION NOTES[Release Point 118-106] | usc54118-106.pdf |
Eligibility and responsibility of certified local government. 302505. Participation of certified local governments in National Register nominations. 302504. Requirements for certification. 302503. Certification as part of State program. 302502. Definitions. 302501. Sec. Revised Section Source (U. S. Code) Source (Statutes at Large) 302304 16 U. S. C. 470a(b)(4). Pub. L. 89-665, title I, §101(b)(4), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2991. 16 U. S. C. 470a(b)(6). Pub. L. 89-665, title I, §101(b)(6), as added Pub. L. 102-575, title XL, §4004(4), Oct. 30, 1992, 106 Stat. 4754. CHAPTER 3025—CERTIFICATION OF LOCAL GOVERNMENTS §302501. Definitions In this chapter: (1). —The term "designation" means the identification and registration of DESIGNATION property for protection that meets criteria established by a State or locality for significant historic property within the jurisdiction of a local government. (2). —The term "protection" means protection by means of a local review PROTECTION process under State or local law for proposed demolition of, changes to, or other action that may affect historic property designated pursuant to this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3197. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302501 16 U. S. C. 470a(c)(4). Pub. L. 89-665, title I, §101(c)(4), as added Pub. L. 102-575, title XL, §4005, Oct. 30, 1992, 106 Stat. 4755. §302502. Certification as part of State program Any State program approved under this subdivision shall provide a mechanism for the certification by the State Historic Preservation Officer of local governments to carry out the purposes of this division and provide for the transfer, in accordance with section 302902(c)(4) of this title, of a portion of the grants received by the States under this division, to those local governments. [Release Point 118-106] | usc54118-106.pdf |
(Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3197. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302502 16 U. S. C. 470a(c)(1) (1st sentence). Pub. L. 89-665, title I, §101(c)(1) (1st sentence), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2991. §302503. Requirements for certification (a). —Any local government shall be certified to participate APPROVED STATE PROGRAM under this section if the applicable State Historic Preservation Officer, and the Secretary, certify that the local government— (1) enforces appropriate State or local legislation for the designation and protection of historic property; (2) has established an adequate and qualified historic preservation review commission by State or local legislation; (3) maintains a system for the survey and inventory of historic property that furthers the purposes of chapter 3023; (4) provides for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register; and (5) satisfactorily performs the responsibilities delegated to it under this division. (b). —Where there is no State program approved under NO APPROVED STATE PROGRAM sections 302301 and 302302 of this title, a local government may be certified by the Secretary if the Secretary determines that the local government meets the requirements of subsection (a). The Secretary may make grants to the local government certified under this subsection for purposes of this subdivision. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3197. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302503 16 U. S. C. 470a(c)(1) (2d, last sentences). Pub. L. 89-665, title I, §101(c)(1) (2d, last sentences), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2991. [Release Point 118-106] | usc54118-106.pdf |
In subsection (b), the words "State program approved under section 302302 of this title" are substituted for "approved State program" for clarity. §302504. Participation of certified local governments in National Register nominations (a). —Before a property within the jurisdiction of a certified local government may be NOTICE considered by a State to be nominated to the Secretary for inclusion on the National Register, the State Historic Preservation Officer shall notify the owner, the applicable chief local elected official, and the local historic preservation commission. (b). —The local historic preservation commission, after reasonable opportunity for REPORT public comment, shall prepare a report as to whether the property, in the Commission's opinion, meets the criteria of the National Register. Within 60 days of notice from the State Historic Preservation Officer, the chief local elected official shall transmit the report of the commission and the recommendation of the local official to the State Historic Preservation Officer. (c) RECOMMENDATION. — (1). —Except as provided in PROPERTY NOMINATED TO NATIONAL REGISTER paragraph (2), after receipt of the report and recommendation, or if no report and recommendation are received within 60 days, the State shall make the nomination pursuant to section 302104 of this title. The State may expedite the process with the concurrence of the certified local government. (2). —If both the commission PROPERTY NOT NOMINATED TO NATIONAL REGISTER and the chief local elected official recommend that a property not be nominated to the National Register, the State Historic Preservation Officer shall take no further action, unless, within 30 days of the receipt of the recommendation by the State Historic Preservation Officer, an appeal is filed with the State. If an appeal is filed, the State shall follow the procedures for making a nomination pursuant to section 302104 of this title. Any report and recommendations made under this section shall be included with any nomination submitted by the State to the Secretary. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3198. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302504 16 U. S. C. 470a(c)(2). Pub. L. 89-665, title I, §101(c)(2), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2992. §302505. Eligibility and responsibility of certified local government Any local government— (1) that is certified under this chapter shall be eligible for funds under section 302902(c)(4) of this title; and (2) that is certified, or making efforts to become certified, under this chapter shall carry out any responsibilities delegated to it in accordance with such terms and conditions as the Secretary[Release Point 118-106] | usc54118-106.pdf |
Eligibility for inclusion on National Register. 302706. Agreement for review under tribal historic preservation regulations. 302705. Contracts and cooperative agreements. 302704. Apportionment of grant funds. 302703. Indian tribe to assume functions of State Historic Preservation Officer. 302702. Program to assist Indian tribes in preserving historic property. 302701. Sec. considers necessary or advisable. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3198. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302505 16 U. S. C. 470a(c)(3). Pub. L. 89-665, title I, §101(c)(3), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2992. The words "or which is making efforts to become so certified" are omitted in paragraph (1) for consistency with section 302902(c)(4) of the new title. CHAPTER 3027—HISTORIC PRESERVATION PROGRAMS AND AUTHORITIES FOR INDIAN TRIBES AND NATIVE HAWAIIAN ORGANIZATIONS §302701. Program to assist Indian tribes in preserving historic property (a). —The Secretary shall establish a program and ESTABLISHMENT OF PROGRAM promulgate regulations to assist Indian tribes in preserving their historic property. (b). —The Secretary shall foster communication and COMMUNICATION AND COOPERATION cooperation between Indian tribes and State Historic Preservation Officers in the administration of the national historic preservation program to— (1) ensure that all types of historic property and all public interests in historic property are given due consideration; and (2) encourage coordination among Indian tribes, State Historic Preservation Officers, and Federal agencies in historic preservation planning and in the identification, evaluation, protection, and interpretation of historic property. (c). —The program under subsection (a) shall be developed in a manner to TRIBAL VALUES ensure that tribal values are taken into account to the extent feasible. The Secretary may waive or modify requirements of this subdivision to conform to the cultural setting of tribal heritage preservation goals and objectives. (d). —The tribal programs implemented by specific tribal SCOPE OF TRIBAL PROGRAMS organizations may vary in scope, as determined by each Indian tribe's chief governing authority. (e). —The Secretary shall consult with Indian tribes, other Federal agencies, CONSULTATION[Release Point 118-106] | usc54118-106.pdf |
State Historic Preservations Officers, and other interested parties concerning the program under1 subsection (a). (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3199. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302701 16 U. S. C. 470a(d)(1). Pub. L. 89-665, title I, §101(d)(1), as added Pub. L. 102-575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4755. In subsection (e), the words "and initiate the program under subparagraph (A) by not later than October 1, 1994" are omitted as obsolete. So in original. Probably should be "Preservation". 1 §302702. Indian tribe to assume functions of State Historic Preservation Officer An Indian tribe may assume all or any part of the functions of a State Historic Preservation Officer in accordance with sections 302302 and 302303 of this title, with respect to tribal land, as those responsibilities may be modified for tribal programs through regulations issued by the Secretary, if— (1) the Indian tribe's chief governing authority so requests; (2) the Indian tribe designates a tribal preservation official to administer the tribal historic preservation program, through appointment by the Indian tribe's chief governing authority or as a tribal ordinance may otherwise provide; (3) the tribal preservation official provides the Secretary with a plan describing how the functions the tribal preservation official proposes to assume will be carried out; (4) the Secretary determines, after consulting with the Indian tribe, the appropriate State Historic Preservation Officer, the Council (if the Indian tribe proposes to assume the functions of the State Historic Preservation Officer with respect to review of undertakings under section 306108 of this title), and other Indian tribes, if any, whose tribal or aboriginal land may be affected by conduct of the tribal preservation program, that— (A) the tribal preservation program is fully capable of carrying out the functions specified in the plan provided under paragraph (3); (B) the plan defines the remaining responsibilities of the Secretary and the State Historic Preservation Officer; and (C) the plan provides, with respect to properties neither owned by a member of the Indian tribe nor held in trust by the Secretary for the benefit of the Indian tribe, at the request of the owner of the properties, that the State Historic Preservation Officer, in addition to the tribal preservation official, may exercise the historic preservation responsibilities in accordance with sections 302302 and 302303 of this title; and (5) based on satisfaction of the conditions stated in paragraphs (1), (2), (3), and (4), the Secretary approves the plan. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3199. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302702 16 U. S. C. 470a(d)(2) Pub. L. 89-665, title I, §101(d)(2), as[Release Point 118-106] | usc54118-106.pdf |
added Pub. L. 102-575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4756; Pub. L. 106—208, §5(a)(1), May 26, 2000, 114 Stat. 318. §302703. Apportionment of grant funds In consultation with interested Indian tribes, other Native American organizations, and affected State Historic Preservation Officers, the Secretary shall establish and implement procedures for carrying out section 302902(c)(1)(A) of this title with respect to tribal programs that assume responsibilities under section 302702 of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3200. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302703 16 U. S. C. 470a(d)(3). Pub. L. 89-665, title I, §101(d)(3), as added Pub. L. 102-575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4756. §302704. Contracts and cooperative agreements At the request of an Indian tribe whose preservation program has been approved to assume functions and responsibilities pursuant to section 302702 of this title, the Secretary shall enter into a contract or cooperative agreement with the Indian tribe permitting the assumption by the Indian tribe of any part of the responsibilities described in section 302304(b) of this title on tribal land, if— (1) the Secretary and the Indian tribe agree on additional financial assistance, if any, to the Indian tribe for the costs of carrying out those authorities; (2) the Secretary finds that the tribal historic preservation program has been demonstrated to be sufficient to carry out the contract or cooperative agreement and this division; and (3) the contract or cooperative agreement specifies the continuing responsibilities of the Secretary or of the appropriate State Historic Preservation Officers and provides for appropriate participation by— (A) the Indian tribe's traditional cultural authorities; (B) representatives of other Indian tribes whose traditional land is under the jurisdiction of the Indian tribe assuming responsibilities; and (C) the interested public. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3200. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302704 16 U. S. C. 470a(d)(4). Pub. L. 89-665, title I, §101(d)(4), as added Pub. L. 102-575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4757. §302705. Agreement for review under tribal historic preservation regulations[Release Point 118-106] | usc54118-106.pdf |
Grants to National Trust. 302903. Grants to States. 302902. Awarding of grants and availability of grant funds. 302901. Sec. The Council may enter into an agreement with an Indian tribe to permit undertakings on tribal land to be reviewed under tribal historic preservation regulations in place of review under regulations promulgated by the Council to govern compliance with section 306108 of this title, if the Council, after consultation with the Indian tribe and appropriate State Historic Preservation Officers, determines that the tribal preservation regulations will afford historic property consideration equivalent to that afforded by the Council's regulations. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3201. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302705 16 U. S. C. 470a(d)(5). Pub. L. 89-665, title I, §101(d)(5), as added Pub. L. 102-575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4757. §302706. Eligibility for inclusion on National Register (a). —Property of traditional religious and cultural importance to an Indian tribe or IN GENERAL Native Hawaiian organization may be determined to be eligible for inclusion on the National Register. (b). —In carrying out its responsibilities under section 306108 of this title, a CONSULTATION Federal agency shall consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to property described in subsection (a). (c). —In carrying out responsibilities under section 302303 of this title, the State Historic HAWAII Preservation Officer for Hawaii shall— (1) consult with Native Hawaiian organizations in assessing the cultural significance of any property in determining whether to nominate the property to the National Register; (2) consult with Native Hawaiian organizations in developing the cultural component of a preservation program or plan for the property; and (3) enter into a memorandum of understanding or agreement with Native Hawaiian organizations for the assessment of the cultural significance of a property in determining whether to nominate the property to the National Register and to carry out the cultural component of the preservation program or plan. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3201. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302706 16 U. S. C. 470a(d)(6). Pub. L. 89-665, title I, §101(d)(6), as added Pub. L. 102-575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4757. CHAPTER 3029—GRANTS [Release Point 118-106] | usc54118-106.pdf |
Recordkeeping. 302910. Prohibited use of grant amounts. 302909. Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. 302908. Grants to Indian tribes and Native Hawaiian organizations. 302907. Grants and loans to Indian tribes and nonprofit organizations representing ethnic or minority groups. 302906. Religious property. 302905. Direct grants for the preservation of properties included on National Register. 302904. §302901. Awarding of grants and availability of grant funds (a). —No grant may be made under this division unless application for the grant is IN GENERAL submitted to the Secretary in accordance with regulations and procedures prescribed by the Secretary. (b). —No grant made pursuant to this GRANT NOT TREATED AS TAXABLE INCOME division shall be treated as taxable income for purposes of the Internal Revenue Code of 1986 (26 U. S. C. 1 et seq. ). (c). —The Secretary shall make funding available to individual States and the AVAILABILITY National Trust as soon as practicable after execution of a grant agreement. For purposes of administration, grants to individual States and the National Trust each shall be deemed to be one grant and shall be administered by the Service as one grant. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3202. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302901(a) 16 U. S. C. 470b(a) (1st sentence paragraph (1)). Pub. L. 89-665, title I, §102(a) (1st sentence paragraph (1)), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94-422, title II, §201(1), Sept. 28, 1976, 90 Stat. 1319. 302901(b) 16 U. S. C. 470b(a) (last sentence). Pub. L. 89-665, title I, §102(a) (last sentence), as added Pub. L. 96-515, title II, §202(b), Dec. 12, 1980, 94 Stat. 2993; Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095. 302901(c) 16 U. S. C. 470b(d) (relating to availability). Pub. L. 89-665, title I, §102(d) (relating to availability), as added Pub. L. 102-575, title XL, §4009(3), Oct. 30, 1992, 106 Stat. 4759. In subsection (b), the words "Notwithstanding any other provision of law" are omitted as unnecessary. §302902. Grants to States (a). —The Secretary shall administer a program of matching grants to the States for IN GENERAL the purposes of carrying out this division. (b) CONDITIONS. — (1) In general . —No grant may be made under this division—1 (A) unless the application is in accordance with the comprehensive statewide historic preservation plan that has been approved by the Secretary after considering its relationship to[Release Point 118-106] | usc54118-106.pdf |
the comprehensive statewide outdoor recreation plan prepared pursuant to chapter 2003 of this title; (B) unless the grantee has agreed to make reports, in such form and containing such information, as the Secretary may from time to time require; (C) unless the grantee has agreed to assume, after completion of the project, the total cost of the continued maintenance, repair, and administration of the property in a manner satisfactory to the Secretary; or (D) until the grantee has complied with such further terms and conditions as the Secretary may consider necessary or advisable. (2). —The Secretary may waive the requirements of subparagraphs (A) and (C) of WAIVER paragraph (1) for any grant under this division to the National Trust. (3) AMOUNT LIMITATION. — (A). —No grant may be made under this division for more than 60 percent of IN GENERAL the aggregate costs of carrying out projects and programs under the administrative control of the State Historic Preservation Officer as specified in section 302303 of this title in any one fiscal year. (B). —Except as permitted by other law, the State SOURCE OF STATE SHARE OF COSTS share of the costs referred to in subparagraph (A) shall be contributed by non-Federal sources. (4) RESTRICTION ON USE OF REAL PROPERTY TO MEET NON-FEDERAL SHARE OF. —No State shall be permitted to utilize the value of real property obtained COST OF PROJECT before October 15, 1966, in meeting the non-Federal share of the cost of a project for which a grant is made under this division. (c) APPORTIONMENT OF GRANT AMOUNTS. — (1). —The amounts appropriated and made available for BASES FOR APPORTIONMENT grants to the States— (A) for the purposes of this division shall be apportioned among the States by the Secretary on the basis of needs as determined by the Secretary; and (B) for projects and programs under this division for each fiscal year shall be apportioned among the States as the Secretary determines to be appropriate. (2). —The Secretary shall notify each State of its apportionment under NOTIFICATION paragraph (1)(B) within 30 days after the date of enactment of legislation appropriating funds under this division. (3). —Any amount of any apportionment that has not been paid or REAPPORTIONMENT obligated by the Secretary during the fiscal year in which the notification is given or during the 2 fiscal years after that fiscal year shall be reapportioned by the Secretary in accordance with paragraph (1)(B). The Secretary shall analyze and revise as necessary the method of apportionment. The method and any revision shall be published by the Secretary in the Federal Register. (4). —Not less than 10 TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS percent of the annual apportionment distributed by the Secretary to each State for the purposes of carrying out this division shall be transferred by the State, pursuant to the requirements of this division, to certified local governments for historic preservation projects or programs of the certified local governments. In any year in which the total annual apportionment to the States exceeds $65,000,000, 50 percent of the excess shall also be transferred by the States to certified local governments. (5) GUIDELINES FOR USE AND DISTRIBUTION OF FUNDS TO CERTIFIED LOCAL. —The Secretary shall establish guidelines for the use and distribution of funds GOVERNMENTS under paragraph (4) to ensure that no certified local government receives a disproportionate share of the funds available, and may include a maximum or minimum limitation on the amount of[Release Point 118-106] | usc54118-106.pdf |
funds distributed to any single certified local government. The guidelines shall not limit the ability of any State to distribute more than 10 percent of its annual apportionment under paragraph (4), nor shall the Secretary require any State to exceed the 10 percent minimum distribution to certified local governments. (d). —The total direct and indirect administrative costs charged for ADMINISTRATIVE COSTS carrying out State projects and programs shall not exceed 25 percent of the aggregate costs (except in the case of a grant to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau). (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3202. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302902(a) 16 U. S. C. 470a(e)(1). Pub. L. 89-665, title I, §101(e)(1), formerly §101(d)(1), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2992; redesignated as §101(e)(1) and amended, Pub. L. 102-575, title XL, §§4006(a)(1), 4007(1), Oct. 30, 1992, 106 Stat. 4755, 4758. 302902(b)(1) 16 U. S. C. 470b(a) (1st sentence paragraphs (2), (4) through (6)). Pub. L. 89-665, title I, §102(a) (1st sentence paragraphs (2), (4) through (6), (d) (relating to remaining cost of project)), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94-422, title II, §201(1), Sept. 28, 1976, 90 Stat. 1319. 302902(b)(2) 16 U. S. C. 470b(b). Pub. L. 89-665, title I, §102(b), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94-422, title II, §201(1), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 102-575, title XL, §4009(2), Oct. 30, 1992, 106 Stat. 4759. 302902(b) (3)(A)16 U. S. C. 470b(a) (1st sentence paragraph (3)). Pub. L. 89-665, title I, §102(a) (1st sentence paragraph (3)), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94-422, title II, §201(1), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 96-515, title II, §202(a), Dec. 12, 1980, 94 Stat. 2993; Pub. L. 102-575, title XL, §4009(1), Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106-208, §5(a)(5), May 26, 2000, 114 Stat. 318. 302902(b) (3)(B)16 U. S. C. 470b(a) (2d sentence). Pub. L. 89-665, title I, §102(a) (2d sentence), as added Pub. L. 96-515,[Release Point 118-106] | usc54118-106.pdf |
title II, §202(b), Dec. 12, 1980, 94 Stat. 2993. 302902(b)(4) 16 U. S. C. 470b(d) (relating to remaining cost of project). 302902(c) 16 U. S. C. 470c. Pub. L. 89-665, title I, §103, Oct. 15, 1966, 80 Stat. 916; Pub. L. 94-422, title II, §201(2), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 96-515, title II, §203, Dec. 12, 1980, 94 Stat. 2993; Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-575, title XL, §4010, Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106-208, §5(a)(6), May 26, 2000, 114 Stat. 318. 302902(d) 16 U. S. C. 470b(e). Pub. L. 89-665, title I, §102(e), as added Pub. L. 102-575, title XL, §4009(3), Oct. 30, 1992, 106 Stat. 4759. In subsection (b)(4), the words "non-Federal share of the" are substituted for "remaining" for clarity. So in original. Probably should be " ". 1IN GENERAL §302903. Grants to National Trust (a). —The Secretary may administer grants to the National SECRETARY OF THE INTERIOR Trust consistent with the purposes of its charter and this division. (b). —The Secretary of Housing SECRETARY OF HOUSING AND URBAN DEVELOPMENT and Urban Development may make grants to the National Trust, on terms and conditions and in amounts (not exceeding $90,000 with respect to any one structure) as the Secretary of Housing and Urban Development considers appropriate, to cover the costs incurred by the National Trust in renovating or restoring structures that the National Trust considers to be of historic or architectural value and that the National Trust has accepted and will maintain (after the renovation or restoration) for historic purposes. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3203. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302903(a) 16 U. S. C. 470a(e)(2). Pub. L. 89-665, title I, §101(e)(2), formerly §101(d)(2), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2992; redesignated as §101(e)(2), Pub. L. 102-575, title XL, §4006(a)(1), Oct. 30, 1992, 106[Release Point 118-106] | usc54118-106.pdf |
Stat. 4755; Pub. L. 106-208, §5(a)(2), May 26, 2002, 114 Stat. 318. 302903(b) 16 U. S. C. 470b-1. Pub. L. 89-754, title VI, §603, Nov. 3, 1980, 80 Stat. 1278. In subsection (a), the words "chartered by sections 468 to 468d of this title" are omitted as unnecessary. In subsection (b), the text of 16 U. S. C. 470b-1(b) is omitted as unnecessary. §302904. Direct grants for the preservation of properties included on National Register (a). —The Secretary shall administer a program of direct ADMINISTRATION OF PROGRAM grants for the preservation of properties included on the National Register. (b). —Funds to support the program annually shall not exceed 10 AVAILABLE AMOUNT percent of the amount appropriated annually for the Historic Preservation Fund. (c) USES OF GRANTS. — (1). —Grants under this section may be made by the Secretary, in consultation IN GENERAL with the appropriate State Historic Preservation Officer— (A) for the preservation of— (i) National Historic Landmarks that are threatened with demolition or impairment; and (ii) historic property of World Heritage significance; (B) for demonstration projects that will provide information concerning professional methods and techniques having application to historic property; (C) for the training and development of skilled labor in trades and crafts, and in analysis and curation, relating to historic preservation; and (D) to assist individuals or small businesses within any historic district included on the National Register to remain within the district. (2). —A grant may be made under subparagraph (A) or (D) of LIMIT ON CERTAIN GRANTS paragraph (1) only to the extent that the project cannot be carried out in as effective a manner through the use of an insured loan under section 303901 of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3204. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302904(a) through (c)(1)16 U. S. C. 470a(e)(3)(A). Pub. L. 89-665, title I, §101(e)(3)(A), (C), formerly §101(d)(3)(A), (C), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2992; redesignated as §101(e)(3)(A), (C), Pub. L. 102-575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4755; Pub. L. 106-208,[Release Point 118-106] | usc54118-106.pdf |
§5(a)(3), May 26, 2002, 114 Stat. 318. 302904(c)(2) 16 U. S. C. 470a(e)(3)(C). In subsection (a), the words "In addition to the programs under paragraphs (1) and (2)" are omitted as unnecessary. In subsection (c)(1)(D), the word "individuals" is substituted for "persons" for clarity. §302905. Religious property (a). —Grants may be made under this chapter for the preservation, stabilization, IN GENERAL restoration, or rehabilitation of religious property listed on the National Register if the purpose of the grant— (1) is secular; (2) does not promote religion; and (3) seeks to protect qualities that are historically significant. (b). —Nothing in this section shall be construed to authorize the use of EFFECT OF SECTION any funds made available under this subdivision for the acquisition of any religious property listed on the National Register. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3204. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302905 16 U. S. C. 470a(e)(4). Pub. L. 89-665, title I, §101(e)(4), as added Pub. L. 102-575, title XL, §4007(2), Oct. 30, 1992, 106 Stat. 4758. §302906. Grants and loans to Indian tribes and nonprofit organizations representing ethnic or minority groups The Secretary may, in consultation with the appropriate State Historic Preservation Officer, make grants or loans or both under this subdivision to Indian tribes and to nonprofit organizations representing ethnic or minority groups for the preservation of their cultural heritage. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3204. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302906 16 U. S. C. 470a(e)(3)(B). Pub. L. 89-665, title I, §101(e)(3)(B), formerly §101(d)(3)(B), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. [Release Point 118-106] | usc54118-106.pdf |
2992; redesignated as §101(e)(3)(B), Pub. L. 102-575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4755; Pub. L. 106-208, §5(a)(3), May 26, 2002, 114 Stat. 318. §302907. Grants to Indian tribes and Native Hawaiian organizations The Secretary shall administer a program of direct grants to Indian tribes and Native Hawaiian organizations for the purpose of carrying out this division as it pertains to Indian tribes and Native Hawaiian organizations. Matching fund requirements may be modified. Federal funds available to an Indian tribe or Native Hawaiian organization may be used as matching funds for the purposes of the Indian tribe's or Native Hawaiian organization's conducting its responsibilities pursuant to this subdivision. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3205. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302907 16 U. S. C. 470a(e)(5). Pub. L. 89-665, title I, §101(e)(5), as added Pub. L. 102-575, title XL, §4007(2), Oct. 30, 1992, 106 Stat. 4758. §302908. Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau (a). —As part of the program of matching grant assistance from the Historic IN GENERAL Preservation Fund to States, the Secretary shall administer a program of direct grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau in furtherance of the Compact of Free Association between the United States and the Federated States of Micronesia and the Marshall Islands, approved by the Compact of Free Association Act of 1985 (48 U. S. C. 1901 et seq., 2001 et seq. ), and the Compact of Free Association between the United States and Palau, approved by the Joint Resolution entitled "Joint Resolution to approve the 'Compact of Free Association' between the United States and Government of Palau, and for other1 purposes" (48 U. S. C. 1931 et seq. ) or any successor enactment. (b). —The goal of the program shall be to establish historic and cultural GOAL OF PROGRAM preservation programs that meet the unique needs of each of those nations so that at the termination of the compacts the programs shall be firmly established. (c). —The amounts to be made available under this BASIS OF ALLOCATING AMOUNTS subsection shall be allocated by the Secretary on the basis of needs as determined by the Secretary. (d). —The Secretary may waive or modify the requirements WAIVERS AND MODIFICATIONS of this subdivision to conform to the cultural setting of those nations. Matching funds may be waived or modified. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3205. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302908 16 U. S. C. 470a(e)(6). Pub. L. 89-665, title I, §101(e)(6), as[Release Point 118-106] | usc54118-106.pdf |
added Pub. L. 102-575, title XL, §4007(2), Oct. 30, 1992, 106 Stat. 4758. In subsection (a), the words "the Trust Territory of the Pacific Islands, and upon termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands" are omitted as obsolete. See note at 48 U. S. C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U. S. C. 1801 note), the Compact of Free Association between the Government of the United States of America and the Governments of the Marshall Islands and the Federated States of Micronesia (48 U. S. C. 1901 note), and the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U. S. C. 1931 note). The words "or any successor enactment" are added for clarity. EDITORIAL NOTES REFERENCES IN TEXT The Compact of Free Association Act of 1985, referred to in subsec. (a), is Pub. L. 99-239, Jan. 14, 1986, 99 Stat. 1770, which is classified principally to part A of subchapter I (§1901 et seq. ) of chapter 18 and chapter 19 (§2001 et seq. ) of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 48 and Tables. The Joint Resolution entitled "Joint Resolution to approve the 'Compact of Free Association' between the United States and the Government of Palau, and for other purposes", referred to in subsec. (a), is Pub. L. 99-658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to part A (§1931 et seq. ) of subchapter II of chapter 18 of Title 48. For complete classification of this Act to the Code, see Tables. So in original. Probably should be preceded by "the". 1 §302909. Prohibited use of grant amounts No part of any grant made under this subdivision shall be used to compensate any person intervening in any proceeding under this division. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3205. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302909 16 U. S. C. 470a(f). Pub. L. 89-665, title I, §101(f), formerly §101(e), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2992; redesignated as §101(f), Pub. L. 102-575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4758. §302910. Recordkeeping[Release Point 118-106] | usc54118-106.pdf |
Use and availability. 303103. Funding. 303102. Establishment. 303101. Sec. A recipient of assistance under this division shall keep— (1) such records as the Secretary shall prescribe, including records that fully disclose— (A) the disposition by the recipient of the proceeds of the assistance; (B) the total cost of the project or undertaking in connection with which the assistance is given or used; and (C) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and (2) such other records as will facilitate an effective audit. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3205. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302910 16 U. S. C. 470e. Pub. L. 89-665, title I, §105, Oct. 15, 1966, 80 Stat. 917. The word "recipient" is substituted for "beneficiary" for clarity. CHAPTER 3031—HISTORIC PRESERVATION FUND EDITORIAL NOTES AMENDMENTS 2016—Pub. L. 114-289, title VIII, §802(c)(2), Dec. 16, 2016, 130 Stat. 1495, substituted "Funding" for "Content" in item 303102. §303101. Establishment To carry out this division (except chapter 3041) and chapter 3121, there is established in the Treasury the Historic Preservation Fund. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3206. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 303101 16 U. S. C. 470h (1st paragraph). Pub. L. 89-665, title I, §108 (1st paragraph), Oct. 15, 1966, 80 Stat. 917; Pub. L. 91-243, §1(a), May 9, 1970, 84 Stat. 204; Pub. L. 93-54, §1(a), July 1, 1973, 87 Stat. 139; Pub. L. 94-422, title II, §201(4), Sept. 28, 1976, 90 Stat. 1320. The words "(except chapter 3041) and chapter 3121" are added for clarity. The Advisory Council on Historic Preservation does not receive amounts from the Fund. The National Trust for Historic Preservation in the United States does receive amounts. [Release Point 118-106] | usc54118-106.pdf |
§303102. Funding For each of fiscal years 2012 to 2023, $150,000,000 shall be deposited in the Historic1 Preservation Fund from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act (43 U. S. C. 1338), section 8733(b) of title 10, or both, notwithstanding any provision of law that those proceeds shall be credited to miscellaneous receipts of the Treasury. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3206; Pub. L. 114-289, title VIII, §802(a), (c)(1), Dec. 16, 2016, 130 Stat. 1494, 1495; Pub. L. 115-232, div. A, title VIII, §809(s), Aug. 13, 2018, 132 Stat. 1844. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 303102 16 U. S. C. 470h (last paragraph 1st sentence). Pub. L. 89-665, title I, §108 (last paragraph 1st sentence), Oct. 15, 1966, 80 Stat. 917; Pub. L. 91-243, §1(a), May 9, 1970, 84 Stat. 204; Pub. L. 93-54, §1(a), July 1, 1973, 87 Stat. 139; Pub. L. 94-422, title II, §201(4), Sept. 28, 1976, 90 Stat. 1320; Pub. L. 96-515, title II, §205, Dec. 12, 1980, 94 Stat. 2995; Pub. L. 100-127, Oct. 9, 1987, 101 Stat. 800; Pub. L. 102-575, title XL, §4011, Oct. 30, 1992, 106 Stat. 4760; Pub. L. 106-208, §§2, 5(a)(7), May 26, 2000, 114 Stat. 318, 319; Pub. L. 109-453, §1(c), Dec. 22, 2006, 120 Stat. 3367. Reference to fiscal years 1977-2011 is omitted as obsolete. EDITORIAL NOTES AMENDMENTS 2018—Pub. L. 115-232 substituted "section 8733(b) of title 10" for "section 7433(b) of title 10". 2016—Pub. L. 114-289 substituted "Funding" for "Contents" in section catchline and "2023" for "2015" in text. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of Title 10, Armed Forces. APPLICATION OF SECTION Pub. L. 118-42, div. E, title I, §122, Mar. 9, 2024, 138 Stat. 249, provided that: "Section 303102 of title 54, United States Code, shall be applied by substituting 'fiscal year 2024' for 'fiscal year 2023'. " See Application of Section note below. 1[Release Point 118-106] | usc54118-106.pdf |
Preservation education and training program. 303903. Training in, and dissemination of information concerning, professional methods and techniques for preservation of historic property. 303902. Loan insurance program for preservation of property included on National Register. 303901. Sec. §303103. Use and availability Amounts in the Historic Preservation Fund shall be used only to carry out this division and shall be available for expenditure only when appropriated by Congress. Any amount not appropriated shall remain available in the Historic Preservation Fund until appropriated for those purposes. Appropriations made pursuant to this section may be made without fiscal year limitation. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3206. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 303103 16 U. S. C. 470h (last paragraph last sentence). Pub. L. 89-665, title I, §108 (last paragraph last sentence), Oct. 15, 1966, 80 Stat. 917; Pub. L. 91-243, §1(a), May 9, 1970, 84 Stat. 204; Pub. L. 93-54, §1(a), July 1, 1973, 87 Stat. 139; Pub. L. 94-422, title II, §201(4), Sept. 28, 1976, 90 Stat. 1320. CHAPTERS 3033 THROUGH 3037—RESERVED CHAPTER 3039—MISCELLANEOUS §303901. Loan insurance program for preservation of property included on National Register (a). —The Secretary shall establish and maintain a program by which the ESTABLISHMENT Secretary may, on application of a private lender, insure loans (including loans made in accordance with a mortgage) made by the lender to finance any project for the preservation of a property included on the National Register. (b). —A loan may be insured under this section if— LOAN QUALIFICATIONS (1) the loan is made by a private lender approved by the Secretary as financially sound and able to service the loan properly; (2) the amount of the loan, and interest rate charged with respect to the loan, do not exceed the amount and rate established by the Secretary by regulation; (3) the Secretary has consulted the appropriate State Historic Preservation Officer concerning the preservation of the historic property; (4) the Secretary has determined that the loan is adequately secured and there is reasonable assurance of repayment; (5) the repayment period of the loan does not exceed the lesser of 40 years or the expected life of the asset financed; (6) the amount insured with respect to the loan does not exceed 90 percent of the loss sustained by the lender with respect to the loan; and[Release Point 118-106] | usc54118-106.pdf |
(7) the loan, the borrower, and the historic property to be preserved meet such other terms and conditions as may be prescribed by the Secretary by regulation, especially terms and conditions relating to the nature and quality of the preservation work. (c). —The Secretary shall consult with the Secretary of the Treasury regarding CONSULTATION the interest rate of loans insured under this section. (d). —The LIMITATION ON AMOUNT OF UNPAID PRINCIPAL BALANCE OF LOANS aggregate unpaid principal balance of loans insured under this section may not exceed the amount that has been deposited in the Historic Preservation Fund but which has not been appropriated for any purpose. (e). —Any contract of insurance executed by the Secretary under INSURANCE CONTRACTS this section may be assignable, shall be an obligation supported by the full faith and credit of the United States, and shall be incontestable except for fraud or misrepresentation of which the holder had actual knowledge at the time it became a holder. (f). —The Secretary CONDITIONS AND METHODS OF PAYMENT AS RESULT OF LOSS shall specify, by regulation and in each contract entered into under this section, the conditions and method of payment to a private lender as a result of losses incurred by the lender on any loan insured under this section. (g). —In entering PROTECTION OF FINANCIAL INTERESTS OF FEDERAL GOVERNMENT into any contract to insure a loan under this section, the Secretary shall take steps to ensure adequate protection of the financial interests of the Federal Government. The Secretary may— (1) in connection with any foreclosure proceeding, obtain, on behalf of the Federal Government, the historic property securing a loan insured under this section; and (2) operate or lease the historic property for such period as may be necessary to protect the interest of the Federal Government and to carry out subsection (h). (h) CONVEYANCE TO GOVERNMENTAL OR NONGOVERNMENTAL ENTITY OF PROPERTY ACQUIRED BY FORECLOSURE. — (1). —In ATTEMPT TO CONVEY TO ENSURE PROPERTY'S PRESERVATION AND USE any case in which historic property is obtained pursuant to subsection (g), the Secretary shall attempt to convey the property to any governmental or nongovernmental entity under conditions that will ensure the property's continued preservation and use. If, after a reasonable time, the Secretary, in consultation with the Council, determines that there is no feasible and prudent means to convey the property and to ensure its continued preservation and use, the Secretary may convey the property at the fair market value of its interest in the property to any entity without restriction. (2). —Any funds obtained by the Secretary in connection with the DISPOSITION OF FUNDS conveyance of any historic property pursuant to paragraph (1) shall be deposited in the Historic Preservation Fund and shall remain available in the Historic Preservation Fund until appropriated by Congress to carry out this division. (i). —The Secretary ASSESSMENT OF FEES IN CONNECTION WITH INSURING LOANS may assess appropriate and reasonable fees in connection with insuring loans under this section. The fees shall be deposited in the Historic Preservation Fund and shall remain available in the Historic Preservation Fund until appropriated by Congress to carry out this division. (j). —Notwithstanding any other TREATMENT OF LOANS AS NON-FEDERAL FUNDS provision of law, any loan insured under this section shall be treated as non-Federal funds for the purposes of satisfying any requirement of any other provision of law under which Federal funds to be used for any project or activity are conditioned on the use of non-Federal funds by the recipient for payment of any portion of the costs of the project or activity. (k) INELIGIBILITY OF DEBT OBLIGATION FOR PURCHASE OR COMMITMENT TO. —No debt PURCHASE BY, OR SALE OR ISSUANCE TO, FEDERAL FINANCING BANK[Release Point 118-106] | usc54118-106.pdf |
obligation that is made or committed to be made, or that is insured or committed to be insured, by the Secretary under this section shall be eligible for purchase by, or commitment to purchase by, or sale or issuance to, the Federal Financing Bank. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3206. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 303901 16 U. S. C. 470d. Pub. L. 89-665, title I, §104, Oct. 15, 1966, 80 Stat. 917; Pub. L. 96-515, title II, §204, Dec. 12, 1980, 94 Stat. 2994. The text of 16 U. S. C. 470d(j) is omitted as unnecessary. In subsection (d), the words "pursuant to section 470h of this title and subsections (g) and (i) of this section, as in effect on December 12, 1980" are omitted as unnecessary and obsolete. The cross reference to subsection (i) should be to subsection (h). In subsection (g)(1), the word "part" is translated as "section" for clarity because 16 U. S. C. 470d is the only provision of the part that relates to insuring loans. In subsection (h)(2), the words "in addition to the amounts covered into such fund pursuant to section 470h of this title and subsection (i) of this section" are omitted as unnecessary. The cross reference to subsection (i) should be to subsection (h). In subsection (i), the words "in addition to the amounts covered into such fund pursuant to section 470h of this title and subsection (g) of this section" are omitted as unnecessary. §303902. Training in, and dissemination of information concerning, professional methods and techniques for preservation of historic property The Secretary shall develop and make available to Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations pursuant to the World Heritage Convention, training in, and information concerning, professional methods and techniques for the preservation of historic property and for the administration of the historic preservation program at the Federal, State, and local level. The Secretary shall also develop mechanisms to provide information concerning historic preservation to the general public including students. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3208. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 303902 16 U. S. C. 470a(i). Pub. L. 89-665, title I, §101(i), formerly §101(h), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2992; redesignated as[Release Point 118-106] | usc54118-106.pdf |
Transmittal of legislative recommendations, testimony, or comments to any officer or 304107. International Centre for the Study of the Preservation and Restoration of Cultural Property. 304106. Administration. 304105. Compensation of members of Council. 304104. Cooperation between Council and instrumentalities of executive branch of Federal Government. 304103. Duties of Council. 304102. Establishment; vacancies. 304101. Sec. §101(i), Pub. L. 102-575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4758. §303903. Preservation education and training program The Secretary, in consultation with the Council and other appropriate Federal, tribal, Native Hawaiian, and non-Federal organizations, shall develop and implement a comprehensive preservation education and training program. The program shall include— (1) standards and increased preservation training opportunities for Federal workers involved in preservation-related functions; (2) preservation training opportunities for other Federal, State, tribal and local government workers, and students; (3) technical or financial assistance, or both, to historically black colleges and universities, to tribal colleges, and to colleges with a high enrollment of Native Americans or Native Hawaiians, to establish preservation training and degree programs; and (4) where appropriate, coordination with the National Center for Preservation Technology and Training of— (A) distribution of information on preservation technologies; (B) provision of training and skill development in trades, crafts, and disciplines related to historic preservation in Federal training and development programs; and (C) support for research, analysis, conservation, curation, interpretation, and display related to preservation. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3208. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 303903 16 U. S. C. 470a(j). Pub. L. 89-665, title I, §101(j), as added Pub. L. 102-575, title XL, §4008, Oct. 30, 1992, 106 Stat. 4758. In paragraph (1), the word "new" is omitted as unnecessary. In paragraph (2), the word "increased" is omitted as unnecessary. SUBDIVISION 3—ADVISORY COUNCIL ON HISTORIC PRESERVATION CHAPTER 3041—ADVISORY COUNCIL ON HISTORIC PRESERVATION [Release Point 118-106] | usc54118-106.pdf |
Effectiveness of Federal grant and assistance programs. 304112. Reimbursements from State and local agencies. 304111. Report by Secretary to Council. 304110. Budget submission. 304109. Regulations, procedures, and guidelines. 304108. agency of the United States prior to submission to Congress. §304101. Establishment; vacancies (a). —There is established as an independent agency of the United States ESTABLISHMENT Government an Advisory Council on Historic Preservation, which shall be composed of the following members: (1) A Chairman appointed by the President selected from the general public. (2) The Secretary. (3) The Architect of the Capitol. (4) The Secretary of Agriculture and the heads of 7 other agencies of the United States (other than the Department of the Interior), the activities of which affect historic preservation, designated by the President. (5) One Governor appointed by the President. (6) One mayor appointed by the President. (7) The President of the National Conference of State Historic Preservation Officers. (8) The General Chairman of the National Association of Tribal Historic Preservation Officers. (9) The Chairman of the National Trust. (10) Four experts in the field of historic preservation appointed by the President from architecture, history, archeology, and other appropriate disciplines. (11) Three members from the general public, appointed by the President. (12) One member of an Indian tribe or Native Hawaiian organization who represents the interests of the Indian tribe or Native Hawaiian organization of which he or she is a member, appointed by the President. (b). —Each member of the Council specified in paragraphs DESIGNATION OF SUBSTITUTES (2) to (5) and (7) through (9) of subsection (a) may designate another officer of the department, agency, or organization to serve on the Council instead of the member, except that, in the case of paragraphs (2) and (4), no officer other than an Assistant Secretary or an officer having major department-wide or agency-wide responsibilities may be designated. (c). —Each member of the Council appointed under paragraphs (10) through TERM OF OFFICE (12) of subsection (a) shall serve for a term of 4 years from the expiration of the term of the member's predecessor. The members appointed under paragraphs (5) and (6) shall serve for the term of their elected office but not in excess of 4 years. An appointed member, other than the Chairman of the Council, may not serve more than 2 terms. An appointed member whose term has expired shall serve until that member's successor has been appointed. (d). —A vacancy in the Council shall not affect its powers, but shall be filled, not VACANCIES later than 60 days after the vacancy commences, in the same manner as the original appointment (and for the balance of the unexpired term). (e). —(1) After January 20, 2017, the Chairman shall— CHAIRMAN (A) be appointed by the President, by and with the advice and consent of the Senate; (B) serve at the will of the President; (C) serve full time; and (D) be compensated at the rate provided for Level V of the Executive Schedule Pay Rates under section 5316 of title 5. (2) The Chairman shall serve for a term of 4 years and may be reappointed once, for a total of not more than 8 years of service as Chairman, except that a Chairman whose appointment has expired[Release Point 118-106] | usc54118-106.pdf |
under this paragraph shall serve until his or her successor has been appointed. The term of a Chairman shall start (regardless of actual appointment date) on January 20 after each general Presidential election. The first Chairman appointed after the date of enactment of this paragraph shall have a first term commencing on January 20, 2017, and ending on January 19, 2021. (3) The Chairmen before the first appointment of a Chairman in accordance with paragraph (1) of this subsection shall receive $100 per diem when engaged in the performance of the duties of the Council, and shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council. (f). —The President shall designate a Vice Chairman DESIGNATION OF VICE CHAIRMAN from the members appointed under paragraph (5), (6), (10), or (11) of subsection (a). The Vice Chairman shall perform the functions of the Chairman during the absence or disability of the Chairman or when the office is vacant. (g). —Thirteen members of the Council shall constitute a quorum. QUORUM (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3209; Pub. L. 114-289, title V, §501(a)-(c)(1), Dec. 16, 2016, 130 Stat. 1489. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304101 16 U. S. C. 470i. Pub. L. 89-665, title II, §201, Oct. 15, 1966, 80 Stat. 917; Pub. L. 91-243, §1(b) through (e), May 9, 1970, 84 Stat. 204; Pub. L. 93-54, §1(c), July 1, 1973, 87 Stat. 139; Pub. L. 94-422, title II, §201(5), Sept. 28, 1976, 90 Stat. 1320; Pub. L. 96-515, title III, §301(a) through (f), Dec. 12, 1980, 94 Stat. 2998; Pub. L. 102-575, title XL, §§4016, 4019(b), Oct. 30, 1992, 106 Stat. 4763, 4765; Pub. L. 104-333, div. I, title V, §509(c)(1), (2), Nov. 12, 1996, 110 Stat. 4157; Pub. L. 109-453, §1(d), Dec. 22, 2006, 120 Stat. 3367. In subsection (a)(9), the words "the disciplines of" are omitted as unnecessary. EDITORIAL NOTES REFERENCES IN TEXT The date of enactment of this paragraph, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 114-289, which was approved Dec. 16, 2016. AMENDMENTS 2016—Subsec. (a)(8) to (12). Pub. L. 114-289, §501(a), added par. (8) and redesignated former pars. (8) to (11) as (9) to (12), respectively. Subsec. (b). Pub. L. 114-289, §501(c)(1)(A), substituted "and (7) through (9)" for ", (7), and (8)". Subsec. (c). Pub. L. 114-289, §501(c)(1)(B), substituted "under paragraphs (10) through (12)" for "under paragraphs (1) and (9) to (11)" and "An appointed member, other than the Chairman of the Council, may not serve more than 2 terms. " for "An appointed member may not serve more than 2 terms. " Subsec. (e). Pub. L. 114-289, §501(b)(2), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 114-289, §501(b)(1), (3), (c)(1)(C), redesignated subsec. (e) as (f) and substituted "paragraph (5), (6), (10), or (11)" for "paragraph (5), (6), (9), or (10)" and "shall perform the functions" for "may act in place". Former subsec. (f) redesignated (g). [Release Point 118-106] | usc54118-106.pdf |
Subsec. (g). Pub. L. 114-289, §501(b)(1), (c)(1)(D), redesignated subsec. (f) as (g) and substituted "Thirteen members" for "Twelve members". §304102. Duties of Council (a). —The Council shall—DUTIES (1) advise the President and Congress on matters relating to historic preservation, recommend measures to coordinate activities of Federal, State, and local agencies and private institutions and individuals relating to historic preservation, and advise on the dissemination of information pertaining to those activities; (2) encourage, in cooperation with the National Trust and appropriate private agencies, public interest and participation in historic preservation; (3) recommend the conduct of studies in such areas as— (A) the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State and local governments; and (B) the effects of tax policies at all levels of government on historic preservation; (4) advise as to guidelines for the assistance of State and local governments in drafting legislation relating to historic preservation; (5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field of historic preservation; (6) review the policies and programs of Federal agencies and recommend to Federal agencies methods to improve the effectiveness, coordination, and consistency of those policies and programs with the policies and programs carried out under this division; and (7) inform and educate Federal agencies, State and local governments, Indian tribes, other nations and international organizations and private groups and individuals as to the Council's authorized activities. (b). —The Council annually shall submit to the President a comprehensive ANNUAL REPORT report of its activities and the results of its studies and shall from time to time submit additional and special reports as it deems advisable. Each report shall propose legislative enactments and other actions as, in the judgment of the Council, are necessary and appropriate to carry out its recommendations and shall provide the Council's assessment of current and emerging problems in the field of historic preservation and an evaluation of the effectiveness of the programs of Federal agencies, State and local governments, and the private sector in carrying out this division. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3210. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304102 16 U. S. C. 470j. Pub. L. 89-665, title II, §202, Oct. 15, 1966, 80 Stat. 918; Pub. L. 96-515, title III, §301(g), Dec. 12, 1980, 94 Stat. 2999. §304103. Cooperation between Council and instrumentalities of executive branch of Federal Government The Council may secure directly from any Federal agency information, suggestions, estimates, and statistics for the purpose of this chapter. Each Federal agency may furnish information, suggestions, estimates, and statistics to the extent permitted by law and within available funds. [Release Point 118-106] | usc54118-106.pdf |
(Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3211. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304103 16 U. S. C. 470k. Pub. L. 89-665, title II, §203, Oct. 15, 1966, 80 Stat. 918. The words "Federal agency" are substituted for "department, bureau, agency, board, commission, office, independent establishment or instrumentality of the executive branch of the Federal Government" to eliminate unnecessary words and for consistency in the revised chapter. §304104. Compensation of members of Council The members of the Council specified in paragraphs (2), (3), and (4) of section 304101(a) of this title shall serve without additional compensation. The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101. The other members of the Council shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3211; Pub. L. 114-289, title V, §501(c)(2), Dec. 16, 2016, 130 Stat. 1490. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304104 16 U. S. C. 470. l Pub. L. 89-665, title II, §204, Oct. 15, 1966, 80 Stat. 918; Pub. L. 91-243, §1(f), May 9, 1970, 84 Stat. 204; Pub. L. 94-422, title II, §201(6), Sept. 28, 1976, 90 Stat. 1321; Pub. L. 96-515, title III, §301(h), Dec. 12, 1980, 94 Stat. 2999. EDITORIAL NOTES AMENDMENTS 2016—Pub. L. 114-289 inserted "The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101. " after "without additional compensation. " §304105. Administration (a). —There shall be an Executive Director of the Council who shall be EXECUTIVE DIRECTOR appointed by the Chairman with the concurrence of the Council in the competitive service at a rate within the General Schedule, in the competitive service at a rate that may exceed the rate prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5, or in the Senior Executive Service under section 3393 of title 5. The Executive Director shall report directly to the Chairman and perform such functions and duties as the Chairman may prescribe. (b) GENERAL COUNSEL AND APPOINTMENT OF OTHER ATTORNEYS. — (1). —The Council shall have a General Counsel, who shall be GENERAL COUNSEL appointed by the Executive Director. The General Counsel shall report directly to the Executive[Release Point 118-106] | usc54118-106.pdf |
Director and serve as the Council's legal advisor. (2). —The Executive Director shall appoint other APPOINTMENT OF OTHER ATTORNEYS attorneys as may be necessary to— (A) assist the General Counsel; (B) represent the Council in court when appropriate, including enforcement of agreements with Federal agencies to which the Council is a party; (C) assist the Department of Justice in handling litigation concerning the Council in court; and (D) perform such other legal duties and functions as the Executive Director and the Council may direct. (c). —The APPOINTMENT AND COMPENSATION OF OFFICERS AND EMPLOYEES Executive Director of the Council may appoint and fix the compensation of officers and employees in the competitive service who are necessary to perform the functions of the Council at rates not to exceed that prescribed for the highest rate for grade 15 of the General Schedule under section 5332 of title 5. The Executive Director, with the concurrence of the Chairman, may appoint and fix the compensation of not to exceed 5 employees in the competitive service at rates that exceed that prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 or in the Senior Executive Service under section 3393 of title 5. (d). —The APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL Executive Director may appoint and fix the compensation of such additional personnel as may be necessary to carry out the Council's duties, without regard to the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5. (e). —The Executive Director may procure expert EXPERT AND CONSULTANT SERVICES and consultant services in accordance with section 3109 of title 5. (f) FINANCIAL AND ADMINISTRATIVE SERVICES. — (1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR PRIVATE ENTITY. —Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Secretary or, at the discretion of the Council, another agency or private entity that reaches an agreement with the Council, for which payments shall be made in advance, or by reimbursement, from funds of the Council in such amounts as may be agreed on by the Chairman of the Council and the head of the agency or the authorized representative of the private entity that will provide the services. (2). —When FEDERAL AGENCY REGULATIONS RELATING TO COLLECTION APPLY a Federal agency affords those services, the regulations of that agency under section 5514(b) of title 5 for the collection of indebtedness of personnel resulting from erroneous payments shall apply to the collection of erroneous payments made to or on behalf of a Council employee, and regulations of that agency under sections 1513(d) and 1514 of title 31 for the administrative control of funds shall apply to appropriations of the Council. The Council shall not be required to prescribe those regulations. (g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES. — (1). —Any Federal agency may provide the Council, PROVIDED BY FEDERAL AGENCY with or without reimbursement as may be agreed on by the Chairman and the agency, with such funds, personnel, facilities, and services under its jurisdiction and control as may be needed by the Council to carry out its duties, to the extent that the funds, personnel, facilities, and services are requested by the Council and are otherwise available for that purpose. Any funds provided to the Council pursuant to this subsection shall be obligated by the end of the fiscal year following the fiscal year in which the funds are received by the Council. (2) OBTAINING ADDITIONAL PROPERTY, FACILITIES, AND SERVICES AND. —To the extent of available appropriations, the Council RECEIVING DONATIONS OF MONEY may obtain by purchase, rental, donation, or otherwise additional property, facilities, and services as may be needed to carry out its duties and may receive donations of money for that purpose. The[Release Point 118-106] | usc54118-106.pdf |
Executive Director may accept, hold, use, expend, and administer the property, facilities, services, and money for the purposes of this division. (h). —Any RIGHTS, BENEFITS, AND PRIVILEGES OF TRANSFERRED EMPLOYEES employee in the competitive service of the United States transferred to the Council under section 207 of the National Historic Preservation Act (Public Law 89-665) retains all the rights, benefits, and privileges pertaining to the competitive service held prior to the transfer. (i) 10 5. —The Council is exempt from chapter 10 of EXEMPTION FROM CHAPTER OF TITLE title 5. (j). —Subchapter II of chapter 5 PROVISIONS THAT GOVERN OPERATIONS OF COUNCIL and chapter 7 of title 5 shall govern the operations of the Council. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3211; Pub. L. 114-289, title V, §501(c)(3), Dec. 16, 2016, 130 Stat. 1490; Pub. L. 117-286, §4(a)(331), Dec. 27, 2022, 136 Stat. 4342. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304105(a) through (g)16 U. S. C. 470m. Pub. L. 89-665, title II, §205, Oct. 15, 1966, 80 Stat. 919; Pub. L. 91-243, §1(g), May 9, 1970, 84 Stat. 204; Pub. L. 94-422, title II, §201(7), Sept. 28, 1976, 90 Stat. 1321; Pub. L. 96-515, title III, §301(i), Dec. 12, 1980, 94 Stat. 2999; Pub. L. 104-333, div. I, title V, §509(c)(4), Nov. 12, 1996, 110 Stat. 4158; Pub. L. 106-176, title I, §109, Mar. 10, 2000, 114 Stat. 26; Pub. L. 109-453, §1(e), Dec. 22, 2006, 120 Stat. 3367. 304105(h) 16 U. S. C. 470p. Pub. L. 89-665, title II, §§208, 209, as added Pub. L. 94-422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1322. 304105(i), (j) 16 U. S. C. 470q. In subsection (a), the words "at a rate within the Executive Schedule" are added to retain the ability to hire an Executive Director within the General Schedule. The words "in the competitive service at a rate that may exceed the rate prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5, or in the Senior Executive Service under section 3393 of title 5" are added for consistency with the intent of the source provision language as it existed in 1966, which included all Federal employees. The language is updated to reflect the existence of the Senior Executive Service and senior level employees above grade 15. In subsection (c), the words "that exceed that prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 or in the Senior Executive Service under section 3393 of title 5" are substituted for "not to exceed that now or hereafter prescribed for the highest rate of grade 15 of the General Schedule under section 5332 of title 5" for consistency with the intent of the source provision language as it existed in 1966, which included all Federal employees. The language is updated to reflect the existence of the Senior Executive Service and senior level employees above grade 15. In subsection (d), the words "chapter 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949" because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the 1st section of which enacted Title 5, United States Code. In subsection (f)(1), the word "Secretary" is substituted for "Department of the Interior" because of 43 U. S. C. 1451. [Release Point 118-106] | usc54118-106.pdf |
EDITORIAL NOTES REFERENCES IN TEXT Section 207 of the National Historic Preservation Act, referred to in subsec. (h), is section 207 of Pub. L. 89-665, as added Pub. L. 94-422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1322, which related to transfer of personnel and property by Department of the Interior to Advisory Council on Historic Preservation and was classified to section 470o of Title 16, Conservation, prior to repeal by Pub. L. 113-287, §7, Dec. 19, 2014, 128 Stat. 3272. AMENDMENTS 2022—Subsec. (i). Pub. L. 117-286 substituted "Chapter 10 of Title 5" for "Federal Advisory Committee Act" in heading and "chapter 10 of title 5. " for "the Federal Advisory Committee Act (5 U. S. C. App. ). " in text. 2016—Subsec. (a). Pub. L. 114-289 substituted "report directly to the Chairman" for "report directly to the Council" and "duties as the Chairman may prescribe" for "duties as the Council may prescribe". §304106. International Centre for the Study of the Preservation and Restoration of Cultural Property (a). —The participation of the United States as a AUTHORIZATION OF PARTICIPATION member in the International Centre for the Study of the Preservation and Restoration of Cultural Property is authorized. (b). —The Council shall recommend to the Secretary of State, after OFFICIAL DELEGATION consultation with the Smithsonian Institution and other public and private organizations concerned with the technical problems of preservation, the members of the official delegation that will participate in the activities of the International Centre for the Study of the Preservation and Restoration of Cultural Property on behalf of the United States. The Secretary of State shall appoint the members of the official delegation from the persons recommended to the Secretary of State by the Council. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3213. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304106 16 U. S. C. 470n. Pub. L. 89-665, title II, §206, as added Pub. L. 91-243, §2, May 9, 1970, 84 Stat. 204; Pub. L. 93-54, §1(b), July 1, 1973, 87 Stat. 139; Pub. L. 94-422, title II, §201(8), Sept. 28, 1976, 90 Stat. 1322; Pub. L. 96-199, title I, §114, Mar. 5, 1980, 94 Stat. 71; Pub. L. 106-208, §5(b), May 26, 2000, 114 Stat. 319. The text of 16 U. S. C. 470n(c) is omitted as obsolete. §304107. Transmittal of legislative recommendations, testimony, or comments to any officer or agency of the United States prior to submission to Congress No officer or agency of the United States shall have any authority to require the Council to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of the recommendations, testimony, or comments to Congress. When the Council voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the Council shall[Release Point 118-106] | usc54118-106.pdf |
include a description of the actions in its legislative recommendations, testimony, or comments on legislation that it transmits to Congress. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3213. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304107 16 U. S. C. 470r. Pub. L. 89-665, title II, §210, as added Pub. L. 94-422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1322; Pub. L. 96-515, title III, §301(k), Dec. 12, 1980, 94 Stat. 2999. §304108. Regulations, procedures, and guidelines (a). —The Council may promulgate regulations as it considers necessary to govern IN GENERAL the implementation of section 306108 of this title in its entirety. (b). —The Council shall by regulation PARTICIPATION BY LOCAL GOVERNMENTS establish such procedures as may be necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section 306108 of this title that affect the local governments. (c). —The Council, with the EXEMPTION FOR FEDERAL PROGRAMS OR UNDERTAKINGS concurrence of the Secretary, shall promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from any or all of the requirements of this division when the exemption is determined to be consistent with the purposes of this division, taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic property. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3214. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304108(a), (b) 16 U. S. C. 470s. Pub. L. 89-665, title II, §211, as added Pub. L. 94-422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1322; Pub. L. 96-515, title III, §301( ), Dec. 12,l 1980, 94 Stat. 2999; Pub. L. 102-575, title XL, §4018, Oct. 30, 1992, 106 Stat. 4763. 304108(c) 16 U. S. C. 470v. Pub. L. 89-665, title II, §214, as added Pub. L. 96-515, title III, §302(a), Dec. 12, 1980, 94 Stat. 3000. §304109. Budget submission (a). —The Council shall submit its budget annually as TIME AND MANNER OF SUBMISSION a related agency of the Department of the Interior. (b). —Whenever the TRANSMITTAL OF COPIES TO CONGRESSIONAL COMMITTEES Council submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit copies of that estimate or request to the Committee on Natural[Release Point 118-106] | usc54118-106.pdf |
Resources and Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and Committee on Appropriations of the Senate. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3214. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304109(a) 16 U. S. C. 470t(a) (1st sentence). Pub. L. 89-665, title II, §212(a) (1st sentence), (b), as added Pub. L. 94-422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1323; Pub. L. 96-205, title VI, §608(a)(3), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title III, §302(b), Dec. 12, 1980, 94 Stat. 3000; Pub. L. 103-437, §6(d)(29), Nov. 2, 1994, 108 Stat. 4584. 304109(b) 16 U. S. C. 470t(b). §304110. Report by Secretary to Council To assist the Council in discharging its responsibilities under this division, the Secretary at the request of the Chairman shall provide a report to the Council detailing the significance of any historic property, describing the effects of any proposed undertaking on the affected property, and recommending measures to avoid, minimize, or mitigate adverse effects. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3214. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304110 16 U. S. C. 470u. Pub. L. 89-665, title II, §213, as added Pub. L. 96-515, title III, §302(a), Dec. 12, 1980, 94 Stat. 3000. §304111. Reimbursements from State and local agencies Subject to applicable conflict of interest laws, the Council may receive reimbursements from State and local agencies and others pursuant to agreements executed in furtherance of this division. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3214. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304111 16 U. S. C. 470v-1. Pub. L. 89-665, title II, §215, as added Pub. L. 104-333, div. I, title V, §509(c)(3), Nov. 12, 1996, 110 Stat. 4157. §304112. Effectiveness of Federal grant and assistance programs[Release Point 118-106] | usc54118-106.pdf |
Historic light station sales. 305106. Description of property. 305105. Terms of conveyance. 305104. Selection of eligible entity and conveyance of historic light stations. 305103. Duties of Secretary in providing a national historic light station program. 305102. Definitions. 305101. Sec. (a). —The Council may enter into a cooperative agreement with COOPERATIVE AGREEMENTS any Federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of the administration of the program in meeting the purposes and policies of this division. The cooperative agreement may include provisions that modify the selection criteria for a grant or assistance program to further the purposes of this division or that allow the Council to participate in the selection of recipients, if those provisions are not inconsistent with the grant or assistance program's statutory authorization and purpose. (b). —The Council may— REVIEW OF GRANT AND ASSISTANCE PROGRAMS (1) review the operation of any Federal grant or assistance program to evaluate the effectiveness of the program in meeting the purposes and policies of this division; (2) make recommendations to the head of any Federal agency that administers the program to further the consistency of the program with the purposes and policies of this division and to improve its effectiveness in carrying out those purposes and policies; and (3) make recommendations to the President and Congress regarding the effectiveness of Federal grant and assistance programs in meeting the purposes and policies of this division, including recommendations with regard to appropriate funding levels. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3214. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 304112 16 U. S. C. 470v-2. Pub. L. 89-665, title II, §216, as added Pub. L. 109-453, §1(g), Dec. 22, 2006, 120 Stat. 3368. SUBDIVISION 4—OTHER ORGANIZATIONS AND PROGRAMS CHAPTER 3051—HISTORIC LIGHT STATION PRESERVATION §305101. Definitions In this chapter: (1). —The term "Administrator" means the Administrator of General ADMINISTRATOR Services. (2). —The term "eligible entity" means— ELIGIBLE ENTITY (A) any department or agency of the Federal Government; or (B) any department or agency of the State in which a historic light station is located, the local government of the community in which a historic light station is located, a nonprofit corporation, an educational agency, or a community development organization that— (i) has agreed to comply with the conditions set forth in section 305104 of this title and to have the conditions recorded with the deed of title to the historic light station; and[Release Point 118-106] | usc54118-106.pdf |
(ii) is financially able to maintain the historic light station in accordance with the conditions set forth in section 305104 of this title. (3) FEDERAL AID TO NAVIGATION. — (A). —The term "Federal aid to navigation" means any device, operated and IN GENERAL maintained by the United States, external to a vessel or aircraft, intended to assist a navigator to determine position or safe course, or to warn of dangers or obstructions to navigation. (B). —The term "Federal aid to navigation" includes a light, lens, lantern, INCLUSIONS antenna, sound signal, camera, sensor, piece of electronic navigation equipment, power source, or other piece of equipment associated with a device described in subparagraph (A). (4). —The term "historic light station" includes the light tower, HISTORIC LIGHT STATION lighthouse, keeper's dwelling, garages, storage sheds, oil house, fog signal building, boat house, barn, pumphouse, tramhouse support structures, piers, walkways, underlying and appurtenant land and related real property and improvements associated with a historic light station that is a historic property. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3215. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305101 16 U. S. C. 470w-7(e). Pub. L. 89-665, title III, §308(e), as added Pub. L. 106-355, §2, Oct. 24, 2000, 114 Stat. 1388. The text of 16 U. S. C. 470w-7(e)(5) is omitted as unnecessary. In paragraph (3)(A), the words "that is a historic property" are substituted for "provided that the 'historic light station' shall be included in or eligible for inclusion in the National Register of Historic Places" because of the definition of "historic property" in section 300308 of the new title. §305102. Duties of Secretary in providing a national historic light station program To provide a national historic light station program, the Secretary shall— (1) collect and disseminate information concerning historic light stations; (2) foster educational programs relating to the history, practice, and contribution to society of historic light stations; (3) sponsor or conduct research and study into the history of light stations; (4) maintain a listing of historic light stations; and (5) assess the effectiveness of the program established by this chapter regarding the conveyance of historic light stations. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3216. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305102 16 U. S. C. 470w-7(a). Pub. L. 89-665, title III, §308(a), as added Pub. L. 106-355, §2, Oct. 24, 2000, 114 Stat. 1385. [Release Point 118-106] | usc54118-106.pdf |
§305103. Selection of eligible entity and conveyance of historic light stations (a). —The Secretary and the Administrator shall maintain a process PROCESS AND POLICIES and policies for identifying, and selecting, an eligible entity to which a historic light station could be conveyed for education, park, recreation, cultural, or historic preservation purposes, and to monitor the use of the light station by the eligible entity. (b) APPLICATION REVIEW. — (1). —The Secretary shall— IN GENERAL (A) review all applications for the conveyance of a historic light station, when the agency with administrative jurisdiction over the historic light station has determined the property to be excess property (as that term is defined in section 102 of title 40); and (B) forward to the Administrator a single approved application for the conveyance of the historic light station. (2). —When selecting an eligible entity, the Secretary shall consult with the CONSULTATION State Historic Preservation Officer of the State in which the historic light station is located. (c) CONVEYANCE OR SALE OF HISTORIC LIGHT STATIONS. — (1). —Except as provided in paragraph (2), after the CONVEYANCE BY ADMINISTRATOR Secretary's selection of an eligible entity, the Administrator shall convey, by quitclaim deed, without consideration, all right, title, and interest of the United States in and to a historic light station, subject to the conditions set forth in section 305104 of this title. The conveyance of a historic light station under this chapter shall not be subject to the Mc Kinney-Vento Homeless Assistance Act (42 U. S. C. 11301 et seq. ) or section 416(d) of the Coast Guard Authorization Act of 1998 (Public Law 105-383, 14 U. S. C. 93 note). 1 (2) HISTORIC LIGHT STATION LOCATED WITHIN A SYSTEM UNIT OR A REFUGE WITHIN NATIONAL WILDLIFE REFUGE SYSTEM. — (A). —A historic light station located within the APPROVAL OF SECRETARY REQUIRED exterior boundaries of a System unit or a refuge within the National Wildlife Refuge System shall be conveyed or sold only with the approval of the Secretary. (B). —If the Secretary approves the conveyance of a CONDITIONS OF CONVEYANCE historic light station described in subparagraph (A), the conveyance shall be subject to the conditions set forth in section 305104 of this title and any other terms or conditions that the Secretary considers necessary to protect the resources of the System unit or wildlife refuge. (C). —If the Secretary approves the sale of a historic light station CONDITIONS OF SALE described in subparagraph (A), the sale shall be subject to the conditions set forth in paragraphs (1) to (4) and (8) of subsection (a), and subsection (b), of section 305104 of this title and any other terms or conditions that the Secretary considers necessary to protect the resources of the System unit or wildlife refuge. (D). —The Secretary is encouraged to enter into COOPERATIVE AGREEMENTS cooperative agreements with appropriate eligible entities with respect to historic light stations described in subparagraph (A), as provided in this division, to the extent that the cooperative agreements are consistent with the Secretary's responsibilities to manage and administer the System unit or wildlife refuge. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3216. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305103 16 U. S. C. 470w-7(b). Pub. L. 89-665, title III, §308(b), as added Pub. L. 106-355, §2, Oct. 24,[Release Point 118-106] | usc54118-106.pdf |
2000, 114 Stat. 1385; Pub. L. 106-400, §2, Oct. 30, 2000, 114 Stat. 1675. EDITORIAL NOTES REFERENCES IN TEXT The Mc Kinney-Vento Homeless Assistance Act, referred to in subsec. (c)(1), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§11301 et seq. ) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables. Section 416(d) of the Coast Guard Authorization Act of 1998, referred to in subsec. (c)(1), which was formerly set out as a note under section 93 of Title 14, Coast Guard, was transferred and is now set out as a note under section 504 of Title 14. See References in Text note below. 1 §305104. Terms of conveyance (a). —The conveyance of a historic light station shall be made subject to any IN GENERAL conditions, including the reservation of easements and other rights on behalf of the United States, that the Administrator considers necessary to ensure that— (1) the Federal aids to navigation located at the historic light station in operation on the date of conveyance remain the personal property of the United States and continue to be operated and maintained by the United States for as long as needed for navigational purposes; (2) there is reserved to the United States the right to remove, replace, or install any Federal aid to navigation located at the historic light station as may be necessary for navigational purposes; (3) the eligible entity to which the historic light station is conveyed shall not interfere or allow interference in any manner with any Federal aid to navigation or hinder activities required for the operation and maintenance of any Federal aid to navigation without the express written permission of the head of the agency responsible for maintaining the Federal aid to navigation; (4)(A) the eligible entity to which the historic light station is conveyed shall, at its own cost and expense, use and maintain the historic light station in accordance with this division, the Secretary of the Interior's Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws; and (B) any proposed changes to the historic light station shall be reviewed and approved by the Secretary in consultation with the State Historic Preservation Officer of the State in which the historic light station is located, for consistency with section 800. 5(a)(2)(vii) of title 36, Code of Federal Regulations and the Secretary's Standards for Rehabilitation contained in section 67. 7 of title 36, Code of Federal Regulations; (5) the eligible entity to which the historic light station is conveyed shall make the historic light station available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions; (6) the eligible entity to which the historic light station is conveyed shall not sell, convey, assign, exchange, or encumber the historic light station, any part of the historic light station, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens or lantern, unless the sale, conveyance, assignment, exchange, or encumbrance is approved by the Secretary; (7) the eligible entity to which the historic light station is conveyed shall not conduct any commercial activity at the historic light station, at any part of the historic light station, or in[Release Point 118-106] | usc54118-106.pdf |
connection with any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, in any manner, unless the commercial activity is approved by the Secretary; and (8) the United States shall have the right, at any time, to enter the historic light station without notice, for purposes of operating, maintaining, and inspecting any aid to navigation and for the purpose of ensuring compliance with this section, to the extent that it is not possible to provide advance notice. (b). —Any eligible entity to which a historic light MAINTENANCE OF AID TO NAVIGATION station is conveyed shall not be required to maintain any Federal aid to navigation associated with a historic light station, except any private aid to navigation permitted to the eligible entity under section 83 of title 14. 1 (c). —In addition to any term or condition established pursuant to this section, the REVERSION conveyance of a historic light station shall include a condition that the historic light station, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens or lantern, at the option of the Administrator, shall revert to the United States and be placed under the administrative control of the Administrator, if— (1) the historic light station, any part of the historic light station, or any associated historic artifact ceases to be available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions that shall be set forth in the eligible entity's application; (2) the historic light station or any part of the historic light station ceases to be maintained in a manner that ensures its present or future use as a site for a Federal aid to navigation; (3) the historic light station, any part of the historic light station, or any associated historic artifact ceases to be maintained in compliance with this division, the Secretary of the Interior's Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws; (4) the eligible entity to which the historic light station is conveyed sells, conveys, assigns, exchanges, or encumbers the historic light station, any part of the historic light fixture, or any associated historic artifact, without approval of the Secretary; (5) the eligible entity to which the historic light station is conveyed conducts any commercial activity at the historic light station, at any part of the historic light station, or in conjunction with any associated historic artifact, without approval of the Secretary; or (6) at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic light station or any part of the historic light station is needed for national security purposes. (d). —On LIGHT STATIONS ORIGINALLY CONVEYED UNDER OTHER AUTHORITY receiving notice of an executed or intended conveyance by an owner that received from the Federal Government under authority other than this division a historic light station in which the United States retains a reversionary or other interest and that is conveying it to another person by sale, gift, or any other manner, the Secretary shall review the terms of the executed or proposed conveyance to ensure that any new owner is capable of or is complying with any and all conditions of the original conveyance. The Secretary may require the parties to the conveyance and relevant Federal agencies to provide information as is necessary to complete the review. If the Secretary determines that the new owner has not complied or is unable to comply with those conditions, the Secretary shall immediately advise the Administrator, who shall invoke any reversionary interest or take other action as may be necessary to protect the interests of the United States. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3217. ) HISTORICAL AND REVISION NOTES Revised[Release Point 118-106] | usc54118-106.pdf |
Section Source (U. S. Code) Source (Statutes at Large) 305104 16 U. S. C. 470w-7(c)(1) through (3). Pub. L. 89-665, title III, §308(c)(1) through (3), as added Pub. L. 106-355, §2, Oct. 24, 2000, 114 Stat. 1386. 16 U. S. C. 470w-7(c)(4). Pub. L. 89-665, title III, §308(c)(4), as added Pub. L. 108-293, title VI, §627, Aug. 9, 2004, 118 Stat. 1066. EDITORIAL NOTES REFERENCES IN TEXT Section 83 of title 14, referred to in subsec. (b), was redesignated section 542 of title 14 by Pub. L. 115-282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 83 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115-282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard. See References in Text note below. 1 §305105. Description of property (a). —The Administrator shall prepare the legal description of any historic light IN GENERAL station conveyed under this chapter. The Administrator, in consultation with the Secretary of Homeland Security and the Secretary, may retain all right, title, and interest of the United States in and to any historical artifact, including any lens or lantern, that is associated with the historic light station and located at the historic light station at the time of conveyance. Wherever possible, the historical artifacts should be used in interpreting the historic light station. In cases where there is no method for preserving lenses and other artifacts and equipment in situ, priority should be given to preservation or museum entities most closely associated with the historic light station, if they meet loan requirements. (b). —Artifacts associated with, but not located at, a historic light station at the time ARTIFACTS of conveyance shall remain the property of the United States under the administrative control of the Secretary of Homeland Security. (c). —All conditions placed with the quitclaim deed of title to the historic light COVENANTS station shall be construed as covenants running with the land. (d). —No submerged land shall be conveyed under this chapter. SUBMERGED LAND (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3219. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305105 16 U. S. C. 470w-7(d). Pub. L. 89-665, title III, §308(d), as added Pub. L. 106-355, §2, Oct. 24, 2000, 114 Stat. 1388. In subsection (a), the words "Secretary of Homeland Security" are substituted for "Commandant, United States Coast Guard" because of 6 U. S. C. 112(a)(2), 468(b) and (h), 551(d), and 552(d) and the Department of Homeland Security Reorganization Plan of November 25, 2002 (H. Doc. No. 108-16, 108th Cong., 1st Sess. (6 U. S. C. 542 note)). [Release Point 118-106] | usc54118-106.pdf |
Service preservation centers and offices. 305306. General provisions. 305305. Preservation grants. 305304. Preservation Technology and Training Board. 305303. National Center for Preservation Technology and Training. 305302. Definitions. 305301. Sec. §305106. Historic light station sales (a) IN GENERAL. — (1). —If no applicant is approved for the conveyance of a historic WHEN SALE MAY OCCUR light station pursuant to sections 305101 through 305105 of this title, the historic light station shall be offered for sale. (2). —Terms of the sales— TERMS OF SALE (A) shall be developed by the Administrator; and (B) shall be consistent with the requirements of paragraphs (1) to (4) and (8) of subsection (a), and subsection (b), of section 305104 of this title. (3). —Conveyance COVENANTS TO BE INCLUDED IN CONVEYANCE DOCUMENTS documents shall include all necessary covenants to protect the historical integrity of the historic light station and ensure that any Federal aid to navigation located at the historic light station is operated and maintained by the United States for as long as needed for that purpose. (b) NET SALE PROCEEDS. — (1). —Net sale proceeds from the disposal of a historic DISPOSITION AND USE OF FUNDS light station— (A) located on public domain land shall be transferred to the National Maritime Heritage Grants Program established under chapter 3087 in the Department of the Interior; and (B) under the administrative control of the Secretary of Homeland Security— (i) shall be credited to the Coast Guard's Operating Expenses appropriation account; and (ii) shall be available for obligation and expenditure for the maintenance of light stations remaining under the administrative control of the Secretary of Homeland Security. (2). —The funds referred to in paragraph (1)(B) shall remain AVAILABILITY OF FUNDS available until expended and shall be available in addition to funds available in the Coast Guard's Operating Expense appropriation for that purpose. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3220. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305106 16 U. S. C. 470w-8. Pub. L. 89-665, title III, §309, as added Pub. L. 106-355, §3, Oct. 24, 2000, 114 Stat. 1389. In subsection (b)(1)(B), the words "Secretary of Homeland Security" are substituted for "Coast Guard" because of 6 U. S. C. 112(a)(2), 468(b) and (h), 551(d), and 552(d) and the Department of Homeland Security Reorganization Plan of November 25, 2002 (H. Doc. No. 108-16, 108th Cong., 1st Sess. (6 U. S. C. 542 note)). CHAPTER 3053—NATIONAL CENTER FOR PRESERVATION TECHNOLOGY AND TRAINING [Release Point 118-106] | usc54118-106.pdf |
§305301. Definitions In this chapter: (1). —The term "Board" means the Preservation Technology and Training Board BOARD established pursuant to section 305303 of this title. (2). —The term "Center" means the National Center for Preservation Technology and CENTER Training established pursuant to section 305302 of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3220. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305301 16 U. S. C. 470x-1. Pub. L. 89-665, title IV, §402, as added Pub. L. 102-575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4766. §305302. National Center for Preservation Technology and Training (a). —There is established within the Department of the Interior a National ESTABLISHMENT Center for Preservation Technology and Training. The Center shall be located at Northwestern State University of Louisiana in Natchitoches, Louisiana. (b). —The purposes of the Center shall be to— PURPOSES (1) develop and distribute preservation and conservation skills and technologies for the identification, evaluation, conservation, and interpretation of historic property; (2) develop and facilitate training for Federal, State, and local resource preservation professionals, cultural resource managers, maintenance personnel, and others working in the preservation field; (3) take steps to apply preservation technology benefits from ongoing research by other agencies and institutions; (4) facilitate the transfer of preservation technology among Federal agencies, State and local governments, universities, international organizations, and the private sector; and (5) cooperate with related international organizations including the International Council on Monuments and Sites, the International Center for the Study of Preservation and Restoration of Cultural Property, and the International Council on Museums. (c). —The purposes shall be carried out through research, professional training, PROGRAMS technical assistance, and programs for public awareness, and through a program of grants established under section 305304 of this title. (d). —The Center shall be headed by an Executive Director with EXECUTIVE DIRECTOR demonstrated expertise in historic preservation appointed by the Secretary with advice of the Board. (e). —The Secretary shall provide the Center assistance in ASSISTANCE FROM SECRETARY obtaining such personnel, equipment, and facilities as may be needed by the Center to carry out its activities. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3221. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305302 16 U. S. C. 470x-2. Pub. L. 89-665, title IV, §403, as added Pub. L. 102-575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4766. [Release Point 118-106] | usc54118-106.pdf |
§305303. Preservation Technology and Training Board (a). —There is established a Preservation Technology and Training Board. ESTABLISHMENT (b). —The Board shall—DUTIES (1) provide leadership, policy advice, and professional oversight to the Center; (2) advise the Secretary on priorities and the allocation of grants among the activities of the Center; and (3) submit an annual report to the President and Congress. (c). —The Board shall be comprised of— MEMBERSHIP (1) the Secretary; (2) 6 members appointed by the Secretary, who shall represent appropriate Federal, State, and local agencies, State and local historic preservation commissions, and other public and international organizations; and (3) 6 members appointed by the Secretary on the basis of outstanding professional qualifications, who represent major organizations in the fields of archeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3221. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305303 16 U. S. C. 470x-3. Pub. L. 89-665, title IV, §404, as added Pub. L. 102-575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4766; Pub. L. 106-208, §5(a)(14), May 26, 2000, 114 Stat. 319. In subsection (c)(1), the words "or the Secretary's designee" are omitted as unnecessary because of section 2 of Reorganization Plan No. 3 of 1950 (5 U. S. C. App., 43 U. S. C. 1451 note). §305304. Preservation grants (a). —The Secretary, in consultation with the Board, shall provide preservation IN GENERAL technology and training grants to eligible applicants with a demonstrated institutional capability and commitment to the purposes of the Center, in order to ensure an effective and efficient system of research, information distribution, and skills training in all the related historic preservation fields. (b) GRANT REQUIREMENTS. — (1). —Grants provided under this section shall be allocated in such a fashion as ALLOCATION to reflect the diversity of the historic preservation fields and shall be geographically distributed. (2). —No grant recipient may receive LIMIT ON AMOUNT A RECIPIENT MAY RECEIVE more than 10 percent of the grants allocated under this section within any year. (3). —The total administrative costs, direct and LIMIT ON ADMINISTRATIVE COSTS indirect, charged for carrying out grants under this section may not exceed 25 percent of the aggregate costs. (c). —Eligible applicants may include— ELIGIBLE APPLICANTS (1) Federal and non-Federal laboratories; (2) accredited museums; (3) universities;[Release Point 118-106] | usc54118-106.pdf |
(4) nonprofit organizations; (5) System units and offices and Cooperative Park Study Units of the System; (6) State Historic Preservation Offices; (7) tribal preservation offices; and (8) Native Hawaiian organizations. (d). —Grants shall be awarded in accordance with accepted STANDARDS AND METHODS professional standards and methods, including peer review of projects. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3222. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305304 16 U. S. C. 470x-4. Pub. L. 89-665, title IV, §405, as added Pub. L. 102-575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4767. The text of 16 U. S. C. 470x-4(e) is omitted as unnecessary. §305305. General provisions (a). —The Center may accept— ACCEPTANCE OF GRANTS AND TRANSFERS (1) grants and donations from private individuals, groups, organizations, corporations, foundations, and other entities; and (2) transfers of funds from other Federal agencies. (b). —Subject to appropriations, the CONTRACTS AND COOPERATIVE AGREEMENTS Center may enter into contracts and cooperative agreements with Federal, State, local, and tribal governments, Native Hawaiian organizations, educational institutions, and other public entities to carry out the Center's responsibilities under this chapter. (c). —Funds appropriated for the Center shall be in addition to funds ADDITIONAL FUNDS appropriated for Service programs, centers, and offices in existence on October 30, 1992. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3222. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305305 16 U. S. C. 470x-5. Pub. L. 89-665, title IV, §406, as added Pub. L. 102-575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4767. In subsection (c), the text of 16 U. S. C. 470x-5(c) (1st sentence) is omitted as unnecessary. §305306. Service preservation centers and offices To improve the use of existing Service resources, the Secretary shall fully utilize and further develop the Service preservation (including conservation) centers and regional offices. The Secretary shall improve the coordination of the centers and offices within the Service, and shall, where appropriate, coordinate their activities with the Center and with other appropriate parties. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3222. ) HISTORICAL AND REVISION NOTES[Release Point 118-106] | usc54118-106.pdf |
Annual report. 305505. Matching grants to Committee. 305504. Activities and functions. 305503. Cooperative agreement to operate museum. 305502. Definitions. 305501. Sec. Revised Section Source (U. S. Code) Source (Statutes at Large) 305306 16 U. S. C. 470x-6. Pub. L. 89-665, title IV, §407, as added Pub. L. 102-575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4768. CHAPTER 3055—NATIONAL BUILDING MUSEUM §305501. Definitions In this chapter: (1). —The term "building arts" includes all practical and scholarly aspects of BUILDING ARTS prehistoric, historic, and contemporary architecture, archeology, construction, building technology and skills, landscape architecture, preservation and conservation, building and construction, engineering, urban and community design and renewal, city and regional planning, and related professions, skills, trades, and crafts. (2). —The term "Committee" means the Committee for a National Museum of COMMITTEE the Building Arts, Incorporated, a nonprofit corporation organized and existing under the laws of the District of Columbia, or its successor. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3223. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305501 16 U. S. C. 470w-5(f). Pub. L. 89-665, title III, §306(f), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3003. §305502. Cooperative agreement to operate museum To provide a national center to commemorate and encourage the building arts and to preserve and maintain a nationally significant building that exemplifies the great achievements of the building arts in the United States, the Secretary and the Administrator of General Services shall enter into a cooperative agreement with the Committee for the operation of a National Building Museum in the Federal building located in the block bounded by Fourth Street, Fifth Street, F Street, and G Street, Northwest in Washington, District of Columbia. The cooperative agreement shall include provisions that— (1) make the site available to the Committee without charge; (2) provide, subject to available appropriations, such maintenance, security, information, janitorial, and other services as may be necessary to ensure the preservation and operation of the site; and (3) prescribe reasonable terms and conditions by which the Committee can fulfill its responsibilities under this division. [Release Point 118-106] | usc54118-106.pdf |
(Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3223. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305502 16 U. S. C. 470w-5(a) (1st sentence), (b). Pub. L. 89-665, title III, §306(a) (1st sentence), (b), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3002, 3003. The words "Administrator of General Services" are substituted for "Administrator of the General Services Administration" to use the correct title of the Administrator. §305503. Activities and functions The National Building Museum shall— (1) collect and disseminate information concerning the building arts, including the establishment of a national reference center for current and historic documents, publications, and research relating to the building arts; (2) foster educational programs relating to the history, practice, and contribution to society of the building arts, including promotion of imaginative educational approaches to enhance understanding and appreciation of all facets of the building arts; (3) publicly display temporary and permanent exhibits illustrating, interpreting and demonstrating the building arts; (4) sponsor or conduct research and study into the history of the building arts and their role in shaping our civilization; and (5) encourage contributions to the building arts. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3223. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305503 16 U. S. C. 470w-5(a) (last sentence). Pub. L. 89-665, title III, §306(a) (last sentence), (b), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3003. §305504. Matching grants to Committee The Secretary shall provide matching grants to the Committee for its programs related to historic preservation. The Committee shall match the grants in such a manner and with such funds and services as shall be satisfactory to the Secretary, except that not more than $500,000 may be provided to the Committee in any one fiscal year. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3224. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305504 16 U. S. C. 470w-5(c). Pub. L. 89-665, title III, §306(c), Pub. L. 96-515, title V, §501, Dec. 12,[Release Point 118-106] | usc54118-106.pdf |
Standards and guidelines. 306131. Contracts for management of historic property. 306122. Lease or exchange. 306121. Documentation of decisions respecting undertakings. 306114. Anticipatory demolition. 306113. Waiver of provisions in event of natural disaster or imminent threat to national security. 306112. Environmental impact statement. 306111. Annual preservation awards program. 306110. Costs of preservation as eligible project costs. 306109. Effect of undertaking on historic property. 306108. Planning and actions to minimize harm to National Historic Landmarks. 306107. Review of plans of transferees of surplus federally owned historic property. 306106. Agency programs and projects. 306105. Agency Preservation Officer. 306104. Recordation of historic property prior to alteration or demolition. 306103. Preservation program. 306102. Assumption of responsibility for preservation of historic property. 306101. Sec. 1980, 94 Stat. 3003. The word "grant" is substituted for "grants-in-aid" for clarity and consistency in the revised division. See page 48 of H. Rept. 96-1457 (96th Cong., 2d Sess., 1980). §305505. Annual report The Committee shall submit an annual report to the Secretary and the Administrator of General Services concerning its activities under this chapter and shall provide the Secretary and the Administrator of General Services with such other information as the Secretary may consider necessary or advisable. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3224. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 305505 16 U. S. C. 470w-5(e). Pub. L. 89-665, title III, §306(e), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3003. SUBDIVISION 5—FEDERAL AGENCY HISTORIC PRESERVATION RESPONSIBILITIES CHAPTER 3061—PROGRAM RESPONSIBILITIES AND AUTHORITIES SUBCHAPTER I—IN GENERAL SUBCHAPTER II—LEASE, EXCHANGE, OR MANAGEMENT OF HISTORIC PROPERTY SUBCHAPTER III—PROTECTION AND PRESERVATION OF RESOURCES [Release Point 118-106] | usc54118-106.pdf |
SUBCHAPTER I—IN GENERAL §306101. Assumption of responsibility for preservation of historic property (a) IN GENERAL. — (1). —The head of each Federal agency shall assume AGENCY HEAD RESPONSIBILITY responsibility for the preservation of historic property that is owned or controlled by the agency. (2). —Prior to acquiring, constructing, or USE OF AVAILABLE HISTORIC PROPERTY leasing a building for purposes of carrying out agency responsibilities, a Federal agency shall use, to the maximum extent feasible, historic property available to the agency, in accordance with Executive Order No. 13006 (40 U. S. C. 3306 note). (3). —Each Federal agency shall undertake, consistent with NECESSARY PRESERVATION the preservation of historic property, the mission of the agency, and the professional standards established pursuant to subsection (c), any preservation as may be necessary to carry out this chapter. (b) GUIDELINES FOR FEDERAL AGENCY RESPONSIBILITY FOR AGENCY-OWNED. —In consultation with the Council, the Secretary shall promulgate HISTORIC PROPERTY guidelines for Federal agency responsibilities under this subchapter (except section 306108). (c) PROFESSIONAL STANDARDS FOR PRESERVATION OF FEDERALLY OWNED OR. —The Secretary shall establish, in consultation with the CONTROLLED HISTORIC PROPERTY Secretary of Agriculture, the Secretary of Defense, the Smithsonian Institution, and the Administrator of General Services, professional standards for the preservation of historic property in Federal ownership or control. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3224. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306101(a) 16 U. S. C. 470h-2(a)(1). Pub. L. 89-665, title I, §110(a)(1), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2996; Pub. L. 102-575, title XL, §4012(1), Oct. 30, 1992, 106 Stat. 4760; Pub. L. 106-208, §4, May 26, 2000, 114 Stat. 318. 306101(b) 16 U. S. C. 470a(g). Pub. L. 89-665, title I, §101(g), (h), formerly §101(f), (g), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2992; redesignated as §101(g), (h), Pub. L. 102-575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4758. 306101(c) 16 U. S. C. 470a(h). In subsection (a)(3), the cross reference is treated as a cross reference to 16 U. S. C. 470a(h), restated as[Release Point 118-106] | usc54118-106.pdf |
subsection (c) of this section, rather than 16 U. S. C. 470a(g), restated as subsection (b) of this section, to correct an error in the source provision. In subsection (c), the words "Administrator of General Services" are substituted for "Administrator of the General Services Administration" to use the correct title of the Administrator. EXECUTIVE DOCUMENTS EX. ORD. NO. 13287. PRESERVE AMERICA Ex. Ord. No. 13287, Mar. 3, 2003, 68 F. R. 10635, provided: 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 ([former] 16 U. S. C. 470 ) [see 54 U. S. C. 300301 etet seq. seq. ] (NHPA) and the National Environmental Policy Act [of 1969] (42 U. S. C. 4321 ), it is herebyet seq. ordered: SECTION 1.. It is the policy of the Federal Government to provide leadership in Statement of Policy 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.. When carrying out its mission activities, each agency, where Building Preservation Partnerships 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.. (a) Accurate information on the state of Improving Federal Agency Planning and Accountability 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 ([former] 16 U. S. C. 470h-2(a)(2)) [see 54 U. S. C. 306102], 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 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 [former] (16 U. S. C. 470h-2 & 470[h]-3 [see 54 U. S. C. 306101 to 306107, 306109 to 306114, 306121, 306122]) 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[Release Point 118-106] | usc54118-106.pdf |
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 [see 54 U. S. C. 306104]. 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.. (a) Each agency shall ensure that the Improving Federal Stewardship of Historic Properties 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. (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.. For the purposes of this order, the term "historic property" means any prehistoric or Definitions 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 ([former] 16 U. S. C. 470w(5)) [see 54 U. S. C. 300308]. 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.. This order is intended only to improve the internal management of the Federal Judicial Review Government and it is not intended to, and does not, create any right or benefit, substantive or procedural,[Release Point 118-106] | usc54118-106.pdf |
enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. GEORGE W. BUSH. §306102. Preservation program (a). —Each Federal agency shall establish (except for programs or ESTABLISHMENT undertakings exempted pursuant to section 304108(c) of this title), in consultation with the Secretary, a preservation program for the identification, evaluation, and nomination to the National Register, and protection, of historic property. (b). —The program shall ensure that— REQUIREMENTS (1) historic property under the jurisdiction or control of the agency is identified, evaluated, and nominated to the National Register; (2) historic property under the jurisdiction or control of the agency is managed and maintained in a way that considers the preservation of their historic, archeological, architectural, and cultural values in compliance with section 306108 of this title and gives special consideration to the preservation of those values in the case of property designated as having national significance; (3) the preservation of property not under the jurisdiction or control of the agency but potentially affected by agency actions is given full consideration in planning; (4) the agency's preservation-related activities are carried out in consultation with other Federal, State, and local agencies, Indian tribes, Native Hawaiian organizations carrying out historic preservation planning activities, and the private sector; and (5) the agency's procedures for compliance with section 306108 of this title— (A) are consistent with regulations promulgated by the Council pursuant to section 304108(a) and (b) of this title; (B) provide a process for the identification and evaluation of historic property for listing on the National Register and the development and implementation of agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, regarding the means by which adverse effects on historic property will be considered; and (C) provide for the disposition of Native American cultural items from Federal or tribal land in a manner consistent with section 3(c) of the Native American Graves Protection and Repatriation Act (25 U. S. C. 3002(c)). (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3225. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306102 16 U. S. C. 470h-2(a)(2). Pub. L. 89-665, title I, §110(a)(2), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2996; Pub. L. 102-575, title XL, §4012(2), Oct. 30, 1992, 106 Stat. 4760. In subsection (a), the words "except for programs and undertakings exempted" are substituted for "unless exempted" for clarity. In subsection (b)(2), the words "as are listed in or may be eligible for the National Register" are omitted as unnecessary because of the definition of "historic property" in section 300308 of the new title. §306103. Recordation of historic property prior to alteration or demolition Each Federal agency shall initiate measures to ensure that where, as a result of Federal action or[Release Point 118-106] | usc54118-106.pdf |
assistance carried out by the agency, a historic property is to be substantially altered or demolished— (1) timely steps are taken to make or have made appropriate records; and (2) the records are deposited, in accordance with section 302107 of this title, in the Library of Congress or with such other appropriate agency as the Secretary may designate, for future use and reference. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3226. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306103 16 U. S. C. 470h-2(b). Pub. L. 89-665, title I, §110(b), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. §306104. Agency Preservation Officer The head of each Federal agency (except an agency that is exempted under section 304108(c) of this title) shall designate a qualified official as the agency's Preservation Officer who shall be responsible for coordinating the agency's activities under this division. Each Preservation Officer may, to be considered qualified, satisfactorily complete an appropriate training program established by the Secretary under section 306101(c) of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3226. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306104 16 U. S. C. 470h-2(c). Pub. L. 89-665, title I, §110(c), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2996; Pub. L. 102-575, title XL, §4006(b), Oct. 30, 1992, 106 Stat. 4757. §306105. Agency programs and projects Consistent with the agency's missions and mandates, each Federal agency shall carry out agency programs and projects (including those under which any Federal assistance is provided or any Federal license, permit, or other approval is required) in accordance with the purposes of this division and give consideration to programs and projects that will further the purposes of this division. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3226. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306105 16 U. S. C. 470h-2(d). Pub. L. 89-665, title I, §110(d), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. [Release Point 118-106] | usc54118-106.pdf |
§306106. Review of plans of transferees of surplus federally owned historic property The Secretary shall review and approve the plans of transferees of surplus federally owned historic property not later than 90 days after receipt of the plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3226. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306106 16 U. S. C. 470h-2(e). Pub. L. 89-665, title I, §110(e), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. §306107. Planning and actions to minimize harm to National Historic Landmarks Prior to the approval of any Federal undertaking that may directly and adversely affect any National Historic Landmark, the head of the responsible Federal agency shall to the maximum extent possible undertake such planning and actions as may be necessary to minimize harm to the landmark. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3226. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306107 16 U. S. C. 470h-2(f). Pub. L. 89-665, title I, §110(f), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. §306108. Effect of undertaking on historic property The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, shall take into account the effect of the undertaking on any historic property. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3227. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306108 16 U. S. C. 470f. Pub. L. 89-665, title I, §106, Oct. 15, 1966, 80 Stat. 917; Pub. L. 94-422, title II, §201(3), Sept. 28, 1976, 90 Stat. 1320. [Release Point 118-106] | usc54118-106.pdf |
The words "historic property" are substituted for "district, site, building, structure, or object that is included in or eligible for inclusion in the National Register" because of the definition of "historic property" in section 300308 of the new title. §306109. Costs of preservation as eligible project costs A Federal agency may include the costs of preservation activities of the agency under this division as eligible project costs in all undertakings of the agency or assisted by the agency. The eligible project costs may include amounts paid by a Federal agency to a State to be used in carrying out the preservation responsibilities of the Federal agency under this division, and reasonable costs may be charged to Federal licensees and permittees as a condition to the issuance of the license or permit. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3227. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306109 16 U. S. C. 470h-2(g). Pub. L. 89-665, title I, §110(g), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. §306110. Annual preservation awards program The Secretary shall establish an annual preservation awards program under which the Secretary may make monetary awards in amounts of not to exceed $1,000 and provide citations for special achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic property. The program may include the issuance of annual awards by the President to any citizen of the United States recommended for the award by the Secretary. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3227. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306110 16 U. S. C. 470h-2(h). Pub. L. 89-665, title I, §110(h), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2997. The words "historic property" are substituted for "historic resources" for consistency because the defined term in the new division is "historic property". §306111. Environmental impact statement Nothing in this division shall be construed to— (1) require the preparation of an environmental impact statement where the statement would not otherwise be required under the National Environmental Policy Act of 1969 (42 U. S. C. 4321 et seq. ); or (2) provide any exemption from any requirement respecting the preparation of an environmental impact statement under that Act. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3227. ) HISTORICAL AND REVISION NOTES[Release Point 118-106] | usc54118-106.pdf |
Revised Section Source (U. S. Code) Source (Statutes at Large) 306111 16 U. S. C. 470h-2(i). Pub. L. 89-665, title I, §110(i), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2997. EDITORIAL NOTES REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq. ) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. §306112. Waiver of provisions in event of natural disaster or imminent threat to national security The Secretary shall promulgate regulations under which the requirements of this subchapter (except section 306108) may be waived in whole or in part in the event of a major natural disaster or an imminent threat to national security. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3227. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306112 16 U. S. C. 470h-2(j). Pub. L. 89-665, title I, §110(j), as added Pub. L. 96-515, title II, §206, Dec. 12, 1980, 94 Stat. 2997. §306113. Anticipatory demolition Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant that, with intent to avoid the requirements of section 306108 of this title, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, has allowed the significant adverse effect to occur, unless the agency, after consultation with the Council, determines that circumstances justify granting the assistance despite the adverse effect created or permitted by the applicant. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3227. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306113 16 U. S. C. 470h-2(k). Pub. L. 89-665, title I, §110(k), as added Pub. L. 102-575, title XL, §4012(3), Oct. 30, 1992, 106 Stat. 4760. §306114. Documentation of decisions respecting undertakings[Release Point 118-106] | usc54118-106.pdf |
With respect to any undertaking subject to section 306108 of this title that adversely affects any historic property for which a Federal agency has not entered into an agreement pursuant to regulations issued by the Council, the head of the agency shall document any decision made pursuant to section 306108 of this title. The head of the agency may not delegate the responsibility to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been executed with respect to an undertaking, the agreement shall govern the undertaking and all of its parts. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3228. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306114 16 U. S. C. 470h-2( ). l Pub. L. 89-665, title I, §110( ), asl added Pub. L. 102-575, title XL, §4012(3), Oct. 30, 1992, 106 Stat. 4761; Pub. L. 106-208, §5(a)(8), May 26, 2000, 114 Stat. 319. The words "historic property" are substituted for "property included in or eligible for inclusion in the National Register" because of the definition of "historic property" in section 300308 of the new title. The words "to document a decision pursuant to this section" are substituted for "pursuant to such section" for clarity. The language was not intended to limit agency authority to delegate responsibilities under section 106 of the National Historic Preservation Act (Public Law 89-665, 80 Stat. 917). The words "agreement pursuant to regulations issued by the Council" are substituted for "a section 106 memorandum", and the word "agreement" is substituted for "memorandum", for clarity and for consistency in the new section. SUBCHAPTER II—LEASE, EXCHANGE, OR MANAGEMENT OF HISTORIC PROPERTY §306121. Lease or exchange (a). —Notwithstanding any other provision of law, AUTHORITY TO LEASE OR EXCHANGE each Federal agency, after consultation with the Council— (1) shall, to the extent practicable, establish and implement alternatives (including adaptive use) for historic property that is not needed for current or projected agency purposes; and (2) may lease historic property owned by the agency to any person or organization, or exchange any property owned by the agency with comparable historic property, if the agency head determines that the lease or exchange will adequately ensure the preservation of the historic property. (b). —Notwithstanding any other provision of law, the proceeds of a PROCEEDS OF LEASE lease under subsection (a) may be retained by the agency entering into the lease and used to defray the costs of administration, maintenance, repair, and related expenses incurred by the agency with respect to that property or other property that is on the National Register that is owned by, or are under the jurisdiction or control of, the agency. Any surplus proceeds from the leases shall be deposited in the Treasury at the end of the 2d fiscal year following the fiscal year in which the proceeds are received. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3228. ) HISTORICAL AND REVISION NOTES[Release Point 118-106] | usc54118-106.pdf |
Revised Section Source (U. S. Code) Source (Statutes at Large) 306121(a) 16 U. S. C. 470h-3(a). Pub. L. 89-665, title I, §111(a), as added Pub. L. 96-515, title II, §207, Dec. 12, 1980, 94 Stat. 2997; Pub. L. 102-575, title XL, §4013, Oct. 30, 1992, 106 Stat. 4761. 306121(b) 16 U. S. C. 470h-3(b). Pub. L. 89-665, title I, §111(b), as added Pub. L. 96-515, title II, §207, Dec. 12, 1980, 94 Stat. 2997. STATUTORY NOTES AND RELATED SUBSIDIARIES HISTORIC LEASE PROCESS SIMPLIFICATION Pub. L. 105-391, title VIII, §802(b), Nov. 13, 1998, 112 Stat. 3523, provided that: "The Secretary is directed to simplify, to the maximum extent possible, the leasing process for historic properties with the goal of leasing available structures in a timely manner. " [For "Secretary" as used in section 802(b) of Pub. L. 105-391, set out above, as meaning the Secretary of the Interior, see section 2 of Pub. L. 105-391, Nov. 13, 1998, 112 Stat. 3498, which was classified to section 5901 of Title 16, Conservation, prior to repeal by Pub. L. 113-287. ] §306122. Contracts for management of historic property The head of any Federal agency having responsibility for the management of any historic property may, after consultation with the Council, enter into a contract for the management of the property. The contract shall contain terms and conditions that the head of the agency considers necessary or appropriate to protect the interests of the United States and ensure adequate preservation of the historic property. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3228. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306122 16 U. S. C. 470h-3(c). Pub. L. 89-665, title I, §111(c), as added Pub. L. 96-515, title II, §207, Dec. 12, 1980, 94 Stat. 2997. SUBCHAPTER III—PROTECTION AND PRESERVATION OF RESOURCES §306131. Standards and guidelines (a) STANDARDS. — (1). —Each Federal agency that is responsible for the protection of historic IN GENERAL property (including archeological property) pursuant to this division or any other law shall ensure that— (A) all actions taken by employees or contractors of the agency meet professional standards under regulations developed by the Secretary in consultation with the Council, other affected agencies, and the appropriate professional societies of archeology, architecture, conservation, history, landscape architecture, and planning;[Release Point 118-106] | usc54118-106.pdf |
(B) agency personnel or contractors responsible for historic property meet qualification standards established by the Office of Personnel Management in consultation with the Secretary and appropriate professional societies of archeology, architecture, conservation, curation, history, landscape architecture, and planning; and (C) records and other data, including data produced by historical research and archeological surveys and excavations, are permanently maintained in appropriate databases and made available to potential users pursuant to such regulations as the Secretary shall promulgate. (2). —The standards referred to in paragraph (1)(B) shall consider the CONSIDERATIONS particular skills and expertise needed for the preservation of historic property and shall be equivalent requirements for the disciplines involved. (3). —The Office of Personnel Management shall revise qualification standards for REVISION the disciplines involved. (b). —To promote the preservation of historic property eligible for listing on the GUIDELINES National Register, the Secretary shall, in consultation with the Council, promulgate guidelines to ensure that Federal, State, and tribal historic preservation programs subject to this division include plans to— (1) provide information to the owners of historic property (including architectural, curatorial, and archeological property) with demonstrated or likely research significance, about the need for protection of the historic property, and the available means of protection; (2) encourage owners to preserve historic property intact and in place and offer the owners of historic property information on the tax and grant assistance available for the donation of the historic property or of a preservation easement of the historic property; (3) encourage the protection of Native American cultural items (within the meaning of section 2 of the Native American Graves Protection and Repatriation Act (25 U. S. C. 3001)) and of property of religious or cultural importance to Indian tribes, Native Hawaiian organizations, or other Native American groups; and (4) encourage owners that are undertaking archeological excavations to— (A) conduct excavations and analyses that meet standards for federally-sponsored excavations established by the Secretary; (B) donate or lend artifacts of research significance to an appropriate research institution; (C) allow access to artifacts for research purposes; and (D) prior to excavating or disposing of a Native American cultural item in which an Indian tribe or Native Hawaiian organization may have an interest under subparagraph (B) or (C) of section 3(a)(2) of the Native American Graves Protection and Repatriation Act (25 U. S. C. 3002(a)(2)(B), (C)), give notice to and consult with the Indian tribe or Native Hawaiian organization. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3229; Pub. L. 114-289, title VI, §601(f), Dec. 16, 2016, 130 Stat. 1491. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 306131 16 U. S. C. 470h-4. Pub. L. 89-665, title I, §112, as added Pub. L. 102-575, title XL, §4014, Oct. 30, 1992, 106 Stat. 4761; Pub. L. 106-208, §5(a)(9), May 26, 2000, 114 Stat. 319. In subparagraphs (A) and (B) of subsection (a)(1), the words "the disciplines involved, specifically" are omitted as unnecessary. In subsection (a)(3), the words "within 2 years after October 20, 1992" are omitted as obsolete. [Release Point 118-106] | usc54118-106.pdf |
Privately donated funds. 307108. Donations and bequests of money, personal property, and less than fee interests in historic property. 307107. Authorization for expenditure of appropriated funds. 307106. Attorney's fees and costs to prevailing parties in civil actions. 307105. Inapplicability of division to White House, Supreme Court building, or United States Capitol. 307104. Access to information. 307103. Effective date of regulations. 307102. World Heritage Convention. 307101. Sec. In subsection (b)(1), the word "property" is substituted for "resources" for consistency because the defined term in the new division is "property". EDITORIAL NOTES AMENDMENTS 2016—Subsec. (a)(3). Pub. L. 114-289 substituted "Office of Personnel Management" for "Office of Management and Budget". SUBDIVISION 6—MISCELLANEOUS CHAPTER 3071—MISCELLANEOUS §307101. World Heritage Convention (a). —In carrying out this section, the Secretary of the Interior AUTHORITY OF SECRETARY may act directly or through an appropriate officer in the Department of the Interior. (b). —The Secretary shall direct and coordinate PARTICIPATION BY UNITED STATES participation by the United States in the World Heritage Convention in cooperation with the Secretary of State, the Smithsonian Institution, and the Council. Whenever possible, expenditures incurred in carrying out activities in cooperation with other nations and international organizations shall be paid for in such excess currency of the country or area where the expense is incurred as may be available to the United States. (c). —The Secretary NOMINATION OF PROPERTY TO WORLD HERITAGE COMMITTEE shall periodically nominate property that the Secretary determines is of international significance to the World Heritage Committee on behalf of the United States. No property may be nominated unless it has previously been determined to be of national significance. Each nomination shall include evidence of such legal protections as may be necessary to ensure preservation of the property and its environment (including restrictive covenants, easements, or other forms of protection). Before making any nomination, the Secretary shall notify the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (d) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE COMMITTEE. —No non-Federal property may be REQUIRES WRITTEN CONCURRENCE OF OWNER nominated by the Secretary to the World Heritage Committee for inclusion on the World Heritage List unless the owner of the property concurs in the nomination in writing. (e). —Prior to the approval of any CONSIDERATION OF UNDERTAKING ON PROPERTY undertaking outside the United States that may directly and adversely affect a property that is on the World Heritage List or on the applicable country's equivalent of the National Register, the head of a[Release Point 118-106] | usc54118-106.pdf |
Federal agency having direct or indirect jurisdiction over the undertaking shall take into account the effect of the undertaking on the property for purposes of avoiding or mitigating any adverse effect. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3230. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 307101(a) no source. 307101(b) through (d)16 U. S. C. 470a-1. Pub. 96-515, title IV, §401, Dec. 12, 1980, 94 Stat. 3000; Pub. L. 103-437, §6(d)(28), Nov. 2, 1994, 108 Stat. 4584. 307101(e) 16 U. S. C. 470a-2. Pub. L. 96-515, title IV, §402, Dec. 12, 1980, 94 Stat. 3000. Subsection (a) is added for clarity because of the definition of "Secretary" in section 300316 of the new title. §307102. Effective date of regulations (a). —No final regulation of the Secretary shall PUBLICATION IN FEDERAL REGISTER become effective prior to the expiration of 30 calendar days after it is published in the Federal Register during which either or both Houses of Congress are in session. (b). —The regulation DISAPPROVAL OF REGULATION BY RESOLUTION OF CONGRESS shall not become effective if, within 90 calendar days of continuous session of Congress after the date of promulgation, both Houses of Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows: "That Congress disapproves the regulation promulgated by the Secretary dealing with the matter of , which regulation was transmitted to Congress on ," the blank spaces in the resolution being appropriately filled. (c) FAILURE OF CONGRESS TO ADOPT RESOLUTION OF DISAPPROVAL OF. —If at the end of 60 calendar days of continuous session of Congress after the date REGULATION of promulgation of a regulation, no committee of either House of Congress has reported or been discharged from further consideration of a concurrent resolution disapproving the regulation, and neither House has adopted such a resolution, the regulation may go into effect immediately. If, within the 60 calendar days, a committee has reported or been discharged from further consideration of such a resolution, the regulation may go into effect not sooner than 90 calendar days of continuous session of Congress after its promulgation unless disapproved as provided for. (d). —For purposes of this section— SESSIONS OF CONGRESS (1) continuity of session is broken only by an adjournment sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of 60 and 90 calendar days of continuous session of Congress. (e) CONGRESSIONAL INACTION OR REJECTION OF RESOLUTION OF DISAPPROVAL. —Congressional inaction on or rejection of a NOT DEEMED APPROVAL OF REGULATION resolution of disapproval shall not be deemed an expression of approval of the regulation. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3231. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large)[Release Point 118-106] | usc54118-106.pdf |
307102 16 U. S. C. 470w-6. Pub. L. 89-665, title III, §307, as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3004; Pub. L. 103-437, §6(d)(29), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104-333, div. I, title VIII, §814(d)(1)(O), (2)(E), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 106-176, title I, §120(a)(2), Mar. 10, 2000, 114 Stat. 28; Pub. L. 106-208, §5(a)(11)-(13), May 26, 2000, 114 Stat. 319. §307103. Access to information (a). —The head of a Federal agency, or AUTHORITY TO WITHHOLD FROM DISCLOSURE other public official receiving grant assistance pursuant to this division, after consultation with the Secretary, shall withhold from disclosure to the public information about the location, character, or ownership of a historic property if the Secretary and the agency determine that disclosure may— (1) cause a significant invasion of privacy; (2) risk harm to the historic property; or (3) impede the use of a traditional religious site by practitioners. (b). —When the head of a Federal agency or other public official ACCESS DETERMINATION determines that information should be withheld from the public pursuant to subsection (a), the Secretary, in consultation with the Federal agency head or official, shall determine who may have access to the information for the purpose of carrying out this division. (c). —When information described in subsection (a) has CONSULTATION WITH COUNCIL been developed in the course of an agency's compliance with section 306107 or 306108 of this title, the Secretary shall consult with the Council in reaching determinations under subsections (a) and (b). (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3231. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 307103 16 U. S. C. 470w-3. Pub. L. 89-665, title III, §304, as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3002; Pub. L. 102-575, title XL, §4020, Oct. 30, 1992, 106 Stat. 4765. §307104. Inapplicability of division to White House, Supreme Court building, or United States Capitol Nothing in this division applies to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3232. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large)[Release Point 118-106] | usc54118-106.pdf |
307104 16 U. S. C. 470g. Pub. L. 89-665, title I, §107, Oct. 15, 1966, 80 Stat. 915. §307105. Attorney's fees and costs to prevailing parties in civil actions In any civil action brought in any United States district court by any interested person to enforce this division, if the person substantially prevails in the action, the court may award attorney's fees, expert witness fees, and other costs of participating in the civil action, as the court considers reasonable. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3232. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 307105 16 U. S. C. 470w-4. Pub. L. 89-665, title III, §305, as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3002. §307106. Authorization for expenditure of appropriated funds Where appropriate, each Federal agency may expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this division, except to the extent that appropriations legislation expressly provides otherwise. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3232. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 307106 16 U. S. C. 470w-1. Pub. L. 89-665, title III, §302, as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3002. §307107. Donations and bequests of money, personal property, and less than fee interests in historic property (a). —The Secretary may accept donations and bequests MONEY AND PERSONAL PROPERTY of money and personal property for the purposes of this division and shall hold, use, expend, and administer the money and personal property for those purposes. (b). —The Secretary may accept gifts LESS THAN FEE INTEREST IN HISTORIC PROPERTY or donations of less than fee interests in any historic property where the acceptance of an interest will facilitate the conservation or preservation of the historic property. Nothing in this section or in any provision of this division shall be construed to affect or impair any other authority of the Secretary under other provision of law to accept or acquire any property for conservation or preservation or for any other purpose. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3232. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large)[Release Point 118-106] | usc54118-106.pdf |
307107 16 U. S. C. 470w-2. Pub. L. 89-665, title III, §303, as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3002. §307108. Privately donated funds (a). —In furtherance of the purposes of this PROJECTS FOR WHICH FUNDS MAY BE USED division, the Secretary may accept the donation of funds that may be expended by the Secretary for projects to acquire, restore, preserve, or recover data from any property included on the National Register, as long as the project is owned by a State, any unit of local government, or any nonprofit entity. (b) CONSIDERATION OF FACTORS RESPECTING EXPENDITURE OF FUNDS. — (1). —In expending the funds, the Secretary shall give due consideration to— IN GENERAL (A) the national significance of the project; (B) its historical value to the community; (C) the imminence of its destruction or loss; and (D) the expressed intentions of the donor. (2) FUNDS AVAILABLE WITHOUT REGARD TO MATCHING REQUIREMENTS. —Funds expended under this subsection shall be made available without regard to the matching requirements established by sections 302901 and 302902(b) of this title, but the recipient of the funds shall be permitted to utilize them to match any grants from the Historic Preservation Fund. (c). —The Secretary may transfer unobligated funds TRANSFER OF UNOBLIGATED FUNDS previously donated to the Secretary for the purposes of the Service, with the consent of the donor, and any funds so transferred shall be used or expended in accordance with this division. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3232. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 307108 16 U. S. C. 470h-1. Pub. L. 89-665, title I, §109, as added Pub. L. 96-244, §1, May 19, 1980, 94 Stat. 346. In subsection (a), the word "included" is substituted for "listed" for consistency in the revised subtitle. DIVISION B—ORGANIZATIONS AND PROGRAMS SUBDIVISION 1—ADMINISTERED BY NATIONAL PARK SERVICE STATUTORY NOTES AND RELATED SUBSIDIARIES JAPANESE AMERICAN WORLD WAR II HISTORY NETWORK Pub. L. 117-328, div. DD, title VI, §645, Dec. 29, 2022, 136 Stat. 5615, provided that: "(a). —The Secretary [of the Interior] shall establish, within the National Park Service, ESTABLISHMENT a program to be known as the 'Japanese American World War II History Network' (referred to in this section as the 'Network'). [Release Point 118-106] | usc54118-106.pdf |
"(b). —In carrying out the Network, the Secretary shall— DUTIES OF SECRETARY "(1) review studies and reports to complement and not duplicate studies of Japanese American World War II history and Japanese American experiences during World War II, including studies related to relocation centers and confinement sites, that are underway or completed; "(2) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information relating to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites; "(3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (d); and "(4)(A) create and adopt an official, uniform symbol or device for the Network; and "(B) issue regulations for the use of the symbol or device adopted under subparagraph (A). "(c). —The Network shall encompass the following elements: ELEMENTS "(1) All units and programs of the National Park Service that are determined by the Secretary to relate to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites. "(2) With the consent of the property owner, other Federal, State, local, Tribal, and privately owned properties that— "(A) relate to Japanese American World War II history and Japanese experiences during the war, including relocation centers and confinement sites; "(B) have a verifiable connection to Japanese American World War II history and Japanese experiences during the war, including relocation and confinement sites; and "(C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places. "(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to Japanese American World War II history and the experiences of Japanese Americans during the war, including relocation centers and confinement sites. "(d). —To achieve the COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING purposes of this section and to ensure effective coordination of the Federal and non-Federal elements of the Network described in subsection (c) with units of the National Park System and programs of the National Park Service, including the Japanese American Confinement Sites Program, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Indian Tribes, regional governmental bodies, and private entities. "(e). —The authority of the Secretary under this section shall expire 7 years after the date of SUNSET enactment of this Act [Dec. 29, 2022]. " HISTORIC CONFINEMENT SITES Pub. L. 109-441, Dec. 21, 2006, 120 Stat. 3288, as amended by Pub. L. 111-88, div. A, title I, §119, Oct. 30, 2009, 123 Stat. 2929; Pub. L. 117-328, div. DD, title VI, §644, Dec. 29, 2022, 136 Stat. 5614, provided that: "SECTION. 1. PRESERVATION OF HISTORIC CONFINEMENT SITES. "(a). —The Secretary shall create a program within the National Park PRESERVATION PROGRAM Service to encourage, support, recognize, and work in partnership with citizens, Federal agencies, State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations for the purpose of identifying, researching, evaluating, interpreting, protecting, restoring, repairing, and acquiring historic confinement sites in order that present and future generations may learn and gain inspiration from these sites and that these sites will demonstrate the Nation's commitment to equal justice under the law. "(b) GRANTS. — "(1). —The Secretary, after consultation with State, local, and tribal governments, other CRITERIA public entities, educational institutions, and private nonprofit organizations (including organizations involved in the preservation of historic confinement sites), shall develop criteria for making grants under paragraph (2) to assist in carrying out subsection (a). "(2). —Not later than 180 days after the date on which funds are made PROVISION OF GRANTS available to carry out this Act, the Secretary shall, subject to the availability of appropriations, make grants to the entities described in paragraph (1) only in accordance with the criteria developed under that paragraph. "(c) PROPERTY ACQUISITION. — "(1). —Federal funds made available under this section may be used to acquire AUTHORITY[Release Point 118-106] | usc54118-106.pdf |
non-Federal property for the purposes of this section, in accordance with section 3, only if that property is within the areas described in paragraph (2). "(2). —The property referred to in paragraph (2) [probably should be PROPERTY DESCRIPTIONS "(1)"] is the following: "(A) Jerome, depicted in Figure 7. 1 of the Site Document. "(B) Rohwer, depicted in Figure 11. 2 of the Site Document. "(C) Topaz, depicted in Figure 12. 2 of the Site Document. "(D) Honouliuli, located on the southern part of the Island of Oahu, Hawaii, and within the land area bounded by H1 to the south, Route 750 (Kunia Road) to the east, the Honouliuli Forest Reserve to the west, and Kunia town and Schofield Barracks to the north. "(E) Heart Mountain, depicted in Figure 6. 3 of the Site Document. "(3). —The authority granted in this subsection shall not NO EFFECT ON PRIVATE PROPERTY constitute a Federal designation or have any effect on private property ownership. "(d). —The Secretary shall require a 50 percent non-Federal match MATCHING FUND REQUIREMENT for funds provided under this section. "(e). —This Act shall have no force or effect on and after the date that is 2 SUNSET OF AUTHORITY years after the disbursement to grantees under this section of the total amount of funds authorized to be appropriated under section 4. "SEC. 2. DEFINITIONS. "For purposes of this Act the following definitions apply: "(1). —(A) The term 'historic confinement sites' means the 10 HISTORIC CONFINEMENT SITES internment camp sites referred to as Gila River, Granada, Heart Mountain, Jerome, Manzanar, Minidoka, Poston, Rohwer, Topaz, and Tule Lake and depicted in Figures 4. 1, 5. 1, 6. 1, 7. 1, 8. 4, 9. 2, 10. 6, 11. 2, 12. 2, and 13. 2, respectively, of the Site Document; and "(B) other historically significant locations, as determined by the Secretary, where Japanese Americans were detained during World War II. "(2). —The term 'Secretary' means the Secretary of the Interior. SECRETARY "(3). —The term 'Site Document' means the document titled 'Confinement and SITE DOCUMENT Ethnicity: An Overview of World War II Japanese American Relocation Sites', published by the Western Archeological and Conservation Center, National Park Service, in 1999. "(4). —The term 'Japanese JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS American Confinement Education Grants' means competitive grants, awarded through the Japanese American Confinement Sites Program, for Japanese American organizations to educate individuals, including through the use of digital resources, in the United States on the historical importance of Japanese American confinement during World War II, so that present and future generations may learn from Japanese American confinement and the commitment of the United States to equal justice under the law. "(5). —The term 'Japanese American organization' JAPANESE AMERICAN ORGANIZATION means a private nonprofit organization within the United States established to promote the understanding and appreciation of the ethnic and cultural diversity of the United States by illustrating the Japanese American experience throughout the history of the United States. "SEC. 3. PRIVATE PROPERTY PROTECTION. "No Federal funds made available to carry out this Act may be used to acquire any real property or any interest in any real property without the written consent of the owner or owners of that property or interest in property. "SEC. 4. AUTHORIZATION OF APPROPRIATIONS. "(a). —There are authorized to be appropriated to the Secretary $80,000,000 to carry out this IN GENERAL Act. Such sums shall remain available until expended. "(b) JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS. — "(1). —Of the amounts made available under this section, not more than $10,000,000 IN GENERAL shall be awarded as Japanese American Confinement Education Grants to Japanese American organizations. Such competitive grants shall be in an amount not less than $750,000 and the Secretary shall give priority consideration to Japanese American organizations with fewer than 100 employees. "(2) MATCHING REQUIREMENT. — "(A). —Except as provided in subparagraph (B), for funds awarded under this FIFTY PERCENT subsection, the Secretary shall require a 50 percent match with non-Federal assets from non-Federal sources, which may include cash or durable goods and materials fairly valued, as determined by the[Release Point 118-106] | usc54118-106.pdf |
Battlefield restoration grant program. 308105. Battlefield interpretation modernization grant program. 308104. Battlefield acquisition grant program. 308103. Preservation assistance. 308102. Definition. 308101. Sec. Secretary. "(B). —The Secretary may waive all or part of the matching requirement under WAIVER subparagraph (A), if the Secretary determines that— "(i) no reasonable means are available through which an applicant can meet the matching requirement; and "(ii) the probable benefit of the project funded outweighs the public interest in the matching requirement. " CHAPTER 3081—AMERICAN BATTLEFIELD PROTECTION PROGRAM EDITORIAL NOTES AMENDMENTS 2019—Pub. L. 116-94, div. P, title VII, §703(b), Dec. 20, 2019, 133 Stat. 3196, added items 308104 and 308105. §308101. Definition In this chapter, the term "Secretary" means the Secretary, acting through the American Battlefield Protection Program. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3233. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308101 16 U. S. C. 469k-1(c)(1)(D). Pub. L. 111-11, title VII, subtitle D, §7301(c)(1)(D), Mar. 30, 2009, 123 Stat. 1213. STATUTORY NOTES AND RELATED SUBSIDIARIES PURPOSE Pub. L. 111-11, title VII, §7301(a), Mar. 30, 2009, 123 Stat. 1213, provided that: "The purpose of this section [enacting former section 469k-1 of Title 16, Conservation] is to assist citizens, public and private institutions, and governments at all levels in planning, interpreting, and protecting sites where historic battles were fought on American soil during the armed conflicts that shaped the growth and development of the United States, in order that present and future generations may learn and gain inspiration from the ground where Americans made their ultimate sacrifice. " §308102. Preservation assistance (a). —Using the established national historic preservation program to the extent IN GENERAL practicable, the Secretary shall encourage, support, assist, recognize, and work in partnership with[Release Point 118-106] | usc54118-106.pdf |
citizens, Federal, State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations in identifying, researching, evaluating, interpreting, and protecting historic battlefields and associated sites on a national, State, and local level. (b). —To carry out subsection (a), the Secretary may use a FINANCIAL ASSISTANCE cooperative agreement, grant, contract, or other generally adopted means of providing financial assistance. (c). —There is authorized to be appropriated to AUTHORIZATION OF APPROPRIATIONS carry out this section $3,000,000 for each fiscal year, to remain available until expended. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3233. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308102 16 U. S. C. 469k-1(b). Pub. L. 111-11, title VII, subtitle D, §7301(b), Mar. 30, 2009, 123 Stat. 1213. §308103. Battlefield acquisition grant program (a). —In this section, the term "eligible site" means a site— DEFINITION (1) that is not within the exterior boundaries of a System unit; and (2) that is identified in the document entitled "Report on the Nation's Civil War Battlefields", prepared by the Civil War Sites Advisory Commission, and dated July 1993. (b). —The Secretary shall establish a battlefield acquisition grant program ESTABLISHMENT under which the Secretary may provide grants to State and local governments to pay the Federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those eligible sites. (c). —A State or local government may acquire an interest in an NONPROFIT PARTNERS eligible site using a grant under this section in partnership with a nonprofit organization. (d). —The non-Federal share of the total cost of acquiring an interest in NON-FEDERAL SHARE an eligible site under this section shall be not less than 50 percent. (e). —An interest in an eligible site acquired under this section LIMITATION ON LAND USE shall be subject to section 200305(f)(3) of this title. (f). —There is authorized to be appropriated to the AUTHORIZATION OF APPROPRIATIONS Secretary to provide grants under this section $18,000,000 for each of fiscal years 2020 through 2028. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3234; Pub. L. 113-76, div. G, title IV, §429, Jan. 17, 2014, 128 Stat. 345; Pub. L. 113-235, div. F, title IV, §421, Dec. 16, 2014, 128 Stat. 2449; Pub. L. 113-291, div. B, title XXX, §3050, Dec. 19, 2014, 128 Stat. 3799; Pub. L. 116-94, div. P, title VII, §702, Dec. 20, 2019, 133 Stat. 3195. ) AMENDMENT NOT SHOWN IN TEXT This section was derived from section 469k-1(c)(1)(A) to (C), (2) to (6) of Title 16, Conservation, which was amended by Pub. L. 113-76, div. G, title IV, §429, Jan. 17, 2014, 128 Stat. 345; Pub. L. 113-235, div. F, title IV, §421, Dec. 16, 2014, 128 Stat. 2449; and Pub. L. 113-291, div. B, title XXX, §3050, Dec. 19, 2014, 128 Stat. 3799. For applicability of those amendments to this section, see section 6(b) of Pub. L. 113-287, set out as a Transitional and Savings Provisions note preceding section 100101 of this title. Subsec. (c)(6) of former section 469k-1 of Title 16 [restated in subsec. (f) of this section] was amended by Pub. L. 113-76 by striking "2013" and inserting "2014" and by Pub. L. 113-235 by striking "2014" and inserting "2021". [Release Point 118-106] | usc54118-106.pdf |
Subsec. (c) of former section 469k-1 of Title 16 was amended by Pub. L. 113-291 as follows: (1) In paragraph (1)— (A) by striking subparagraph (A) [restated in subsec. (a)(2) of this section] and inserting the following: "(A) BATTLEFIELD REPORT. —The term 'battlefield report' means, collectively— "(i) the report entitled 'Report on the Nation's Civil War Battlefields', prepared by the Civil War Sites Advisory Commission, and dated July 1993; and "(ii) the report entitled 'Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States', prepared by the National Park Service, and dated September 2007. "; and (B) in subparagraph (C)(ii) [restated in subsec. (a)(2) of this section], by striking "Battlefield Report" and inserting "battlefield report"; (2) In paragraph (2) [restated in subsec. (b) of this section], by inserting "eligible sites or" after "acquiring"; (3) In paragraph (3) [restated in subsec. (c) of this section], by inserting "an eligible site or" after "acquire"; (4) In paragraph (4) [restated as subsec. (d) of this section], by inserting "an eligible site or" after "acquiring"; (5) In paragraph (5) [restated as subsec. (e) of this section], by striking "An" and inserting "An eligible site or an"; (6) By redesignating paragraph (6) [restated as subsec. (f) of this section] as paragraph (9); (7) By inserting after paragraph (5) [restated as subsec. (e) of this section] the following new paragraphs: "(6) WILLING SELLERS. —Acquisition of land or interests in land under this subsection shall be from willing sellers only. "(7) REPORT. —Not later than 5 years after the date of the enactment of this paragraph, the Secretary shall submit to Congress a report on the activities carried out under this subsection, including a description of— "(A) preservation activities carried out at the battlefields and associated sites identified in the battlefield report during the period between publication of the battlefield report and the report required under this paragraph; "(B) changes in the condition of the battlefields and associated sites during that period; and "(C) any other relevant developments relating to the battlefields and associated sites during that period. "(8) PROHIBITION ON LOBBYING. —None of the funds provided pursuant to this section shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress. "; and (8) In paragraph (9) [restated as subsec. (f) of this section] (as redesignated), by striking "2014" and inserting "2021". HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308103(a) 16 U. S. C. 469k-1(c)(1)(A), (C). Pub. L. 111-11, title VII, subtitle D, §7301(c)(1)(A) through (C), (2) through (6), Mar. 30, 2009, 123 Stat. 1213. 308103(b) 16 U. S. C. 469k-1(c)(1)(B), (2). 308103(c) 16 U. S. C. 469k-1(c)(1)(B), (3). 308103(d) 16 U. S. C. 469k-1(c)(4) through[Release Point 118-106] | usc54118-106.pdf |
Definition. 308301. Sec. through (f) (6). In subsection (f), reference to fiscal years 2009 to 2011 is omitted as obsolete. EDITORIAL NOTES AMENDMENTS 2019—Subsec. (f). Pub. L. 116-94 substituted "$18,000,000 for each of fiscal years 2020 through 2028" for "$10,000,000 for each of fiscal years 2012 and 2013". §308104. Battlefield interpretation modernization grant program (a). —The Secretary shall establish a battlefield interpretation modernization ESTABLISHMENT grant program under which the Secretary may provide competitive grants to States, Tribes, local governments, and nonprofit organizations for projects and programs that deploy technology to modernize battlefield interpretation and education. (b). —The Secretary may make grants under this section for Revolutionary ELIGIBLE SITES War, War of 1812, and Civil War battlefield sites eligible for assistance under the battlefield acquisition grant program established under section 308103(b). (c). —The Federal share of the cost of a project or program funded through a FEDERAL SHARE grant provided under the program established under subsection (a) shall be not more than 50 percent of the total cost of the applicable project or program. (d). —There is authorized to be appropriated to the AUTHORIZATION OF APPROPRIATIONS Secretary to provide grants under this section $1,000,000 for each of fiscal years 2020 through 2028. (Added Pub. L. 116-94, div. P, title VII, §703(a), Dec. 20, 2019, 133 Stat. 3195. ) §308105. Battlefield restoration grant program (a). —The Secretary shall establish a battlefield restoration grant program ESTABLISHMENT (referred to in this section as the "program") under which the Secretary may provide grants to States, Tribes, local governments, and nonprofit organizations for projects that restore day-of-battle conditions on land preserved under the battlefield acquisition grant program established under section 308103(b). (b). —The Secretary may make grants under this section for Revolutionary ELIGIBLE SITES War, War of 1812, and Civil War battlefield sites eligible for assistance under the battlefield acquisition grant program established under section 308103(b). (c). —The Federal share of the cost of a restoration project funded through a FEDERAL SHARE grant provided under the program shall be not more than 50 percent of the total cost of the project. (d). —All restoration work carried out through a grant awarded RESTORATION STANDARDS under the program shall be performed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties under part 68 of title 36, Code of Federal Regulations (or successor regulations). (e). —There is authorized to be appropriated to the AUTHORIZATION OF APPROPRIATIONS Secretary to provide grants under this section $1,000,000 for each of fiscal years 2020 through 2028. (Added Pub. L. 116-94, div. P, title VII, §703(a), Dec. 20, 2019, 133 Stat. 3196. ) CHAPTER 3083—NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM [Release Point 118-106] | usc54118-106.pdf |
Authorization of appropriations. 308304. Preservation and interpretation of Underground Railroad history, historic sites, and structures. 308303. Program. 308302. §308301. Definition In this chapter, the term "national network" means the National Underground Railroad Network to Freedom established under section 308302 of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3234. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308301 no source. STATUTORY NOTES AND RELATED SUBSIDIARIES PURPOSES OF PUB. L. 105-203 Pub. L. 105-203, §2(b), July 21, 1998, 112 Stat. 679, provided that: "The purposes of this Act [see 54 U. S. C. 308301 et seq. ] are the following: "(1) To recognize the importance of the Underground Railroad, the sacrifices made by those who used the Underground Railroad in search of freedom from tyranny and oppression, and the sacrifices made by the people who helped them. "(2) To authorize the National Park Service to coordinate and facilitate Federal and non-Federal activities to commemorate, honor, and interpret the history of the Underground Railroad, its significance as a crucial element in the evolution of the national civil rights movement, and its relevance in fostering the spirit of racial harmony and national reconciliation. " §308302. Program (a). —The Secretary shall establish ESTABLISHMENT; RESPONSIBILITIES OF SECRETARY in the Service the National Underground Railroad Network to Freedom. Under the national network, the Secretary shall— (1) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and (3) create and adopt an official, uniform symbol or device for the national network and issue regulations for its use. (b). —The national network shall encompass the following elements: ELEMENTS (1) All System units and programs of the Service determined by the Secretary to pertain to the Underground Railroad. (2) Other Federal, State, local, and privately owned properties pertaining to the Underground Railroad that have a verifiable connection to the Underground Railroad and that are included on, or determined by the Secretary to be eligible for inclusion on, the National Register of Historic Places. (3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to the Underground Railroad. (c). —To COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING[Release Point 118-106] | usc54118-106.pdf |
achieve the purposes of this chapter and to ensure effective coordination of the Federal and non-Federal elements of the national network with System units and programs of the Service, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance— (1) to the heads of other Federal agencies, States, localities, regional governmental bodies, and private entities; and (2) in cooperation with the Secretary of State, to the governments of Canada, Mexico, and any appropriate country in the Caribbean. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3234. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308302 16 U. S. C. 469-1. l Pub. L. 105-203, §3, July 21, 1998, 112 Stat. 679; Pub. L. 110-229, title III, subtitle G, §361(a)(1), May 8, 2008, 122 Stat. 801. In subsection (a), the words "a program to be known as" are omitted as unnecessary. The words "national network" are substituted for "program" because of the definition of "national network" in section 308301 of this title and for consistency with subsections (b) and (c). §308303. Preservation and interpretation of Underground Railroad history, historic sites, and structures (a). —The Secretary may make grants in accordance with AUTHORITY TO MAKE GRANTS this section for the preservation and restoration of historic buildings or structures associated with the Underground Railroad, and for related research and documentation to sites, programs, or facilities that have been included in the national network. (b). —Any grant made under this section shall provide that— GRANT CONDITIONS (1) no change or alteration may be made in property for which the grant is used except with the agreement of the property owner and the Secretary; (2) the Secretary shall have the right of access at reasonable times to the public portions of the property for interpretive and other purposes; and (3) conversion, use, or disposal of the property for purposes contrary to the purposes of this chapter, as determined by the Secretary, shall result in a right of the United States to compensation equal to all Federal funds made available to the grantee under this chapter. (c). —The Secretary may obligate funds made available for a MATCHING REQUIREMENT grant under this section only if the grantee agrees to match, from funds derived from non-Federal sources, the amount of the grant with an amount that is equal to or greater than the grant. The Secretary may waive the requirement if the Secretary determines that an extreme emergency exists or that a waiver is in the public interest to ensure the preservation of historically significant resources. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3235. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308303 16 U. S. C. 469-2. l Pub. L. 105-203, §4, as added Pub. L. 106-291, title I, §150(h), Oct. 11, 2000, 114 Stat. 959; Pub. L. [Release Point 118-106] | usc54118-106.pdf |
110-229, title III, subtitle G, §361(a)(2), May 8, 2008, 122 Stat. 801. STATUTORY NOTES AND RELATED SUBSIDIARIES NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER Pub. L. 106-291, title I, §150(b), Oct. 11, 2000, 114 Stat. 956, provided that: "(1). —Congress finds that— FINDINGS "(A) the National Underground Railroad Freedom Center (hereinafter 'Freedom Center') is a nonprofit organization incorporated under the laws of the State of Ohio in 1995; "(B) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through development of a national cultural institution in Cincinnati, Ohio, that will house an interpretive center, including museum, educational, and research facilities, all dedicated to communicating to the public the importance of the quest for human freedom which provided the foundation for the historic and inspiring story of the Underground Railroad; "(C) the city of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom Center; "(D) the Freedom Center will be a national center linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and to a constituency that reaches across the United States, Canada, Mexico, the Caribbean and beyond; and "(E) the Freedom Center has reached an agreement with the National Park Service to pursue a range of historical and educational cooperative activities related to the Underground Railroad, including but not limited to assisting the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act [see 54 U. S. C. 308301 et seq. ]. "(2). —The purposes of this section are— PURPOSES "(A) to promote preservation and public awareness of the history of the Underground Railroad; "(B) to assist the Freedom Center in the development of its programs and facilities in Cincinnati, Ohio; and "(C) to assist the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (112 Stat. 679; [former] 16 U. S. C. 469l and following) [see 54 U. S. C. 308301 et seq. ]. " §308304. Authorization of appropriations (a). —There is authorized to be appropriated to carry out this chapter $2,500,000 for AMOUNTS each fiscal year, of which— (1) $2,000,000 shall be used to carry out section 308302 of this title; and (2) $500,000 shall be used to carry out section 308303 of this title. (b). —No amount may be appropriated for the purposes of this chapter except to the LIMITATION Secretary for carrying out the responsibilities of the Secretary as set forth in this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3235. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308304 16 U. S. C. 469-3. l Pub. L. 105-203, §5, as added Pub. L. 110-229, title III, subtitle G, §361(a)(3), May 8, 2008, 122 Stat. 801. [Release Point 118-106] | usc54118-106.pdf |
Sunset. 308404. Cooperative agreements and memoranda of understanding. 308403. African American Civil Rights Network. 308402. Definition of network. 308401. Sec. CHAPTER 3084—AFRICAN AMERICAN CIVIL RIGHTS NETWORK EDITORIAL NOTES AMENDMENTS 2019—Pub. L. 116-9, title II, §2407(a), Mar. 12, 2019, 133 Stat. 750, substituted "African American Civil Rights Network" for "U. S. Civil Rights Network" in chapter heading and in item 308402. §308401. Definition of network 1 In this chapter, the term "Network" means the African American Civil Rights Network established under section 308402(a). (Added Pub. L. 115-104, §3(a), Jan. 8, 2018, 131 Stat. 2260. ) STATUTORY NOTES AND RELATED SUBSIDIARIES PURPOSES Pub. L. 115-104, §2, Jan. 8, 2018, 131 Stat. 2260, provided that: "The purposes of this Act [enacting this chapter] are— "(1) to recognize— "(A) the importance of the African American civil rights movement; and "(B) the sacrifices made by the people who fought against discrimination and segregation; and "(2) to authorize the National Park Service to coordinate and facilitate Federal and non-Federal activities to commemorate, honor, and interpret— "(A) the history of the African American civil rights movement; "(B) the significance of the civil rights movement as a crucial element in the evolution of the Civil Rights Act of 1964 (42 U. S. C. 2000a et seq. ); and "(C) the relevance of the African American civil rights movement in fostering the spirit of social justice and national reconciliation. " So in original. Probably should be capitalized. 1 §308402. African American Civil Rights Network (a). —The Secretary shall establish, within the Service, a program to be known as IN GENERAL the "African American Civil Rights Network". (b). —In carrying out the Network, the Secretary shall— DUTIES OF SECRETARY (1) review studies and reports to complement and not duplicate studies of the historical importance of the African American civil rights movement that may be underway or completed, such as the Civil Rights Framework Study; (2) produce and disseminate appropriate educational materials relating to the African American civil rights movement, such as handbooks, maps, interpretive guides, or electronic information; (3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and (4)(A) create and adopt an official, uniform symbol or device for the Network; and (B) issue regulations for the use of the symbol or device adopted under subparagraph (A). (c). —The Network shall encompass the following elements: ELEMENTS[Release Point 118-106] | usc54118-106.pdf |
(1) All units and programs of the Service that are determined by the Secretary to relate to the African American civil rights movement during the period from 1939 through 1968. (2) With the consent of the property owner, other Federal, State, local, and privately owned properties that— (A) relate to the African American civil rights movement; (B) have a verifiable connection to the African American civil rights movement; and (C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places. (3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to the African American civil rights movement. (Added Pub. L. 115-104, §3(a), Jan. 8, 2018, 131 Stat. 2261; amended Pub. L. 116-9, title II, §2407(a), Mar. 12, 2019, 133 Stat. 750. ) EDITORIAL NOTES AMENDMENTS 2019—Pub. L. 116-9 substituted "African American Civil Rights Network" for "U. S. Civil Rights Network" in section catchline and subsec. (a). STATUTORY NOTES AND RELATED SUBSIDIARIES REFERENCES Pub. L. 116-9, title II, §2407(c), Mar. 12, 2019, 133 Stat. 750, provided that: "Any reference in any law (other than in this section [amending this section and analyses preceding section 100101 and preceding section 308401 of this title]), regulation, document, record, map, or other paper of the United States to the 'U. S. Civil Rights Network' shall be considered to be a reference to the 'African American Civil Rights Network'. " §308403. Cooperative agreements and memoranda of understanding To achieve the purposes of this chapter and to ensure effective coordination of the Federal and non-Federal elements of the Network described in section 308402(c) with System units and programs of the Service, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to the heads of other Federal agencies, States, units of local government, regional governmental bodies, and private entities. (Added Pub. L. 115-104, §3(a), Jan. 8, 2018, 131 Stat. 2261. ) §308404. Sunset This program shall expire on the date that is 7 years after the date of enactment of this chapter. (Added Pub. L. 115-104, §3(a), Jan. 8, 2018, 131 Stat. 2261. ) EDITORIAL NOTES REFERENCES IN TEXT The date of enactment of this chapter, referred to in text, is the date of enactment of Pub. L. 115-104, which was approved Jan. 8, 2018. CHAPTER 3085—NATIONAL WOMEN'S RIGHTS HISTORY PROJECT[Release Point 118-106] | usc54118-106.pdf |
National women's rights history project partnerships network. 308502. National women's rights history project national registry. 308501. Sec. §308501. National women's rights history project national registry (a). —The Secretary may make annual grants to State historic preservation offices IN GENERAL for not more than 5 years to assist the State historic preservation offices in surveying, evaluating, and nominating to the National Register of Historic Places women's rights history properties. (b). —In making grants under subsection (a), the Secretary shall give priority to ELIGIBILITY grants relating to properties associated with the multiple facets of the women's rights movement, such as politics, economics, education, religion, and social and family rights. (c). —The Secretary shall ensure that the National Register travel itinerary website UPDATES entitled "Places Where Women Made History" is updated to contain— (1) the results of the inventory conducted under subsection (a); and (2) any links to websites related to places on the inventory. (d). —The Federal share of the cost of any activity carried out COST-SHARING REQUIREMENT using any assistance made available under this section shall be 50 percent. (e). —There is authorized to be appropriated to the AUTHORIZATION OF APPROPRIATIONS Secretary to carry out this section $1,000,000 for each of fiscal years 2012 and 2013. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3236. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308501 16 U. S. C. 469m(b). Pub. L. 111-11, title VII, subtitle B, §7111(b), Mar. 30, 2009, 123 Stat. 1200. In subsection (e), reference to fiscal years 2009 to 2011 is omitted as obsolete. §308502. National women's rights history project partnerships network (a). —The Secretary may make matching grants and give technical assistance for GRANTS development of a network of governmental and nongovernmental entities (referred to in this section as the "network"), the purpose of which is to provide interpretive and educational program development of national women's rights history, including historic preservation. (b) MANAGEMENT OF NETWORK. — (1). —Through a competitive process, the Secretary shall designate a IN GENERAL nongovernmental managing entity to manage the network. (2). —The nongovernmental managing entity designated under paragraph (1) COORDINATION shall work in partnership with the Director and State historic preservation offices to coordinate operation of the network. (c) COST-SHARING REQUIREMENT. — (1). —The Federal share of the cost of any activity carried out using any IN GENERAL assistance made available under this section shall be 50 percent. (2). —Matching grants for historic STATE HISTORIC PRESERVATION OFFICES preservation specific to the network may be made available through State historic preservation offices. [Release Point 118-106] | usc54118-106.pdf |
Private property protection. 308605. Cooperative agreements and memoranda of understanding. 308604. Authority to make grants. 308603. United States African-American Burial Grounds Preservation Program. 308602. Definitions. 308601. Sec. (d). —There is authorized to be appropriated to the AUTHORIZATION OF APPROPRIATIONS Secretary to carry out this section $1,000,000 for each of fiscal years 2012 and 2013. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3236. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308502 16 U. S. C. 469m(c). Pub. L. 111-11, title VII, subtitle B, §7111(c), Mar. 30, 2009, 123 Stat. 1200. In subsection (b)(1), the words "nongovernmental managing entity" are substituted for "nongovernmental managing network" for consistency. In subsection (d), reference to fiscal years 2009 to 2011 is omitted as obsolete. CHAPTER 3086—UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM §308601. Definitions In this chapter: (1). —The term "burial ground" means any natural or prepared physical BURIAL GROUND location, whether originally below, on, or above the surface of the earth, into which human remains are deposited as a part of the death rite or ceremony of a culture. (2). —The term "historic", with respect to a property, means a property that can HISTORIC reasonably be considered to date back at least 50 years. (3). —The term "Program" means the United States African-American Burial PROGRAM Grounds Preservation Program established under section 308602(a). (Added Pub. L. 117-328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5613. ) §308602. United States African-American Burial Grounds Preservation Program (a). —The Secretary shall establish within the Service, in accordance with this IN GENERAL chapter, a program to be known as the "United States African-American Burial Grounds Preservation Program". (b). —In carrying out the Program, the Secretary, in consultation with DUTIES OF SECRETARY the National Trust for Historic Preservation and members of the African-American heritage community, shall develop a program for the provision of grants in accordance with section 308603(a). (c). —The Secretary may accept monetary donations to further the purposes of this DONATIONS chapter. (d). —Burial grounds shall only be CONSENT OF PRIVATE PROPERTY OWNER REQUIRED considered for a grant under the Program— (1) with the consent of the property owner; and[Release Point 118-106] | usc54118-106.pdf |
Policy. 308701. Sec. (2) at the request of an individual, landowner, private or nonprofit organization, State, Tribal, or local government, or other entity. (Added Pub. L. 117-328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5613. ) §308603. Authority to make grants (a). —The Secretary may make grants to other Federal agencies, State, local, and IN GENERAL Tribal governments, other public entities, educational institutions, historic preservation groups, and private nonprofit organizations in accordance with this chapter for— (1) the identification of historic African-American burial grounds that may qualify for the Program; (2) the preservation and restoration of African-American burial grounds; (3) the interpretation of African-American burial grounds; and (4) related research and documentation for historic African-American burial grounds. (b) FUNDING. — (1). —There is authorized to be appropriated to the Secretary to carry out this IN GENERAL section $3,000,000 for each of fiscal years 2023 through 2027. (2). —Any amounts made available for a fiscal year under paragraph (1) that AVAILABILITY are not used during that fiscal year shall be available for use under this section during any subsequent fiscal year. (Added Pub. L. 117-328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5613. ) §308604. Cooperative agreements and memoranda of understanding The Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Tribal governments, regional governmental bodies, nonprofit organizations, educational institutions, and private entities— (1) to achieve the purposes of this chapter; and (2) to ensure effective coordination of the Federal elements and non-Federal elements provided a grant or other assistance under the Program with System units and programs of the Service. (Added Pub. L. 117-328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5614. ) §308605. Private property protection Nothing in this chapter— (1) authorizes the Secretary to require or affect the management or use of private property without the written consent of the owner of the private property; (2) prohibits the Secretary from providing land management guidance or requirements relating to private property as a condition of a grant provided to the owner of the private property under this chapter; or (3) shall be construed as creating any new regulatory burden on any Federal, State, Tribal, or private entity. (Added Pub. L. 117-328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5614. ) CHAPTER 3087—NATIONAL MARITIME HERITAGE [Release Point 118-106] | usc54118-106.pdf |
Applicability of other authorities. 308707. Regulations. 308706. Designation of America's National Maritime Museum. 308705. Funding. 308704. National Maritime Heritage Grants Program. 308703. Definitions. 308702. §308701. Policy It shall be the policy of the Federal Government, in partnership with the States and local governments and private organizations and individuals, to— (1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our historic maritime resources can exist in productive harmony; (2) provide leadership in the preservation of the historic maritime resources of the United States; (3) contribute to the preservation of historic maritime resources and give maximum encouragement to organizations and individuals undertaking preservation by private means; and (4) assist State and local governments to expand their maritime historic preservation programs and activities. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3237. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308701 16 U. S. C. 5402. Pub. L. 103-451, §3, Nov. 2, 1994, 108 Stat. 4770. §308702. Definitions In this chapter: (1). —The term "National Trust" means the National Trust for Historic NATIONAL TRUST Preservation in the United States established under section 312102 of this title. (2). —The term "private nonprofit organization" PRIVATE NONPROFIT ORGANIZATION means any person that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U. S. C. 501(a)) and described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U. S. C. 501(c)(3)). (3). —The term "Program" means the National Maritime Heritage Grants Program PROGRAM established under section 308703(a) of this title. (4). —The term "State Historic Preservation STATE HISTORIC PRESERVATION OFFICER Officer" means a State Historic Preservation Officer appointed pursuant to section 302301(1) of this title by the chief executive official of a State having a State Historic Preservation Program approved by the Secretary under that section. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3237. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308702 16 U. S. C. 5406. Pub. L. 103-451, §7, Nov. 2, 1994, 108 Stat. 4777. The definition of "Committee" is omitted as obsolete. [Release Point 118-106] | usc54118-106.pdf |
§308703. National Maritime Heritage Grants Program (a). —There is established in the Department of the Interior the National ESTABLISHMENT Maritime Heritage Grants Program, to foster in the American public a greater awareness and appreciation of the role of maritime endeavors in our Nation's history and culture. The Program shall consist of— (1) annual grants to the National Trust for subgrants administered by the National Trust for maritime heritage education projects under subsection (b); and (2) grants to State Historic Preservation Officers for maritime heritage preservation projects carried out or administered by those Officers under subsection (c). (b) GRANTS FOR MARITIME HERITAGE EDUCATION PROJECTS. — (1). —The Secretary, subject to paragraph (2), and the GRANTS TO NATIONAL TRUST availability of amounts for that purpose under section 308704(b)(1)(A) of this title, shall make an annual grant to the National Trust for maritime heritage education projects. (2). —Amounts received by the National Trust as an annual grant under this USE OF GRANTS subsection shall be used to make subgrants to State and local governments and private nonprofit organizations to carry out education projects that have been approved by the Secretary under subsection (f) and that consist of— (A) assistance to any maritime museum or historical society for— (i) existing and new educational programs, exhibits, educational activities, conservation, and interpretation of artifacts and collections; (ii) minor improvements to educational and museum facilities; and (iii) other similar activities; (B) activities designed to encourage the preservation of traditional maritime skills, including— (i) building and operation of vessels of all sizes and types for educational purposes; (ii) special skills such as wood carving, sail making, and rigging; (iii) traditional maritime art forms; and (iv) sail training; (C) other educational activities relating to historic maritime resources, including— (i) maritime educational waterborne-experience programs in historic vessels or vessel reproductions; (ii) maritime archeological field schools; and (iii) educational programs on other aspects of maritime history; (D) heritage programs focusing on maritime historic resources, including maritime heritage trails and corridors; or (E) the construction and use of reproductions of historic maritime resources for educational purposes, if a historic maritime resource no longer exists or would be damaged or consumed through direct use. (c) GRANTS FOR MARITIME HERITAGE PRESERVATION PROJECTS. — (1). —The Secretary, acting GRANTS TO STATE HISTORIC PRESERVATION OFFICERS through the National Maritime Initiative of the Service and subject to paragraph (2), and the availability of amounts for that purpose under section 308704(b)(1)(A) of this title, shall make grants to State Historic Preservation Officers for maritime heritage preservation projects. (2). —Amounts received by a State Historic Preservation Officer as a grant USE OF GRANTS under this subsection shall be used by the Officer to carry out, or to make subgrants to local governments and private nonprofit organizations to carry out, projects that have been approved by the Secretary under subsection (f) for the preservation of historic maritime resources through—[Release Point 118-106] | usc54118-106.pdf |
(A) identification of historic maritime resources, including underwater archeological sites; (B) acquisition of historic maritime resources for the purposes of preservation; (C) repair, restoration, stabilization, maintenance, or other capital improvements to historic maritime resources, in accordance with standards prescribed by the Secretary; and (D) research, recording (through drawings, photographs, or otherwise), planning (through feasibility studies, architectural and engineering services, or otherwise), and other services carried out as part of a preservation program for historic maritime resources. (d). —To qualify for a CRITERIA FOR DIRECT GRANT AND SUBGRANT ELIGIBILITY subgrant from the National Trust under subsection (b), or a direct grant to or a subgrant from a State Historic Preservation Officer under subsection (c), a person shall— (1) demonstrate that the project for which the direct grant or subgrant will be used has the potential for reaching a broad audience with an effective educational program based on American maritime history, technology, or the role of maritime endeavors in American culture; (2) match the amount of the direct grant or subgrant, on a 1-to-1 basis, with non-Federal assets from non-Federal sources, which may include cash or donated services fairly valued as determined by the Secretary; (3) maintain records as may be reasonably necessary to fully disclose— (A) the amount and the disposition of the proceeds of the direct grant or subgrant; (B) the total cost of the project for which the direct grant or subgrant is made; and (C) other records as may be required by the Secretary, including such records as will facilitate an effective accounting for project funds; (4) provide access to the Secretary for the purposes of any required audit and examination of any records of the person; and (5) be a unit of State or local government, or a private nonprofit organization. (e) PROCEDURES, TERMS, AND CONDITIONS. — (1). —An application for a subgrant under subsection (b), or a APPLICATION PROCEDURES direct grant or subgrant under subsection (c), shall be submitted under procedures prescribed by the Secretary. (2). —A person may not receive a subgrant under subsection (b), TERMS AND CONDITIONS or a direct grant or subgrant under subsection (c), unless the person agrees to assume, after completion of the project for which the direct grant or subgrant is awarded, the total cost of the continued maintenance, repair, and administration of any property for which the subgrant will be used in a manner satisfactory to the Secretary. (f) ALLOCATION OF, AND LIMITATION ON, GRANT FUNDING. — (1). —To the extent feasible, the Secretary shall ensure that the amount made ALLOCATION available under subsection (b) for maritime heritage education projects is equal to the amount made available under subsection (c) for maritime heritage preservation projects. (2). —The amount provided by the Secretary in a fiscal year as grants under this LIMITATION section for projects relating to historic maritime resources owned or operated by the Federal Government shall not exceed 40 percent of the total amount available for the fiscal year for grants under this section. (g). —The Secretary PUBLICATION OF DIRECT GRANT AND SUBGRANT INFORMATION shall publish annually in the Federal Register and otherwise as the Secretary considers appropriate— (1) a solicitation of applications for direct grants and subgrants under this section; (2) a list of priorities for the making of those direct grants and subgrants; (3) a single deadline for the submission of applications for those direct grants and subgrants; and (4) other relevant information. [Release Point 118-106] | usc54118-106.pdf |
(h) DIRECT GRANT AND SUBGRANT ADMINISTRATION. — (1) RESPONSIBILITY. — (A). —The National Trust is responsible for administering subgrants for NATIONAL TRUST maritime heritage education projects under subsection (b). (B). —The Secretary is responsible for administering direct grants for SECRETARY maritime heritage preservation projects under subsection (c). (C). —State Historic Preservation STATE HISTORIC PRESERVATION OFFICERS Officers are responsible for administering subgrants for maritime heritage preservation projects under subsection (c). (2). —The appropriate responsible party under paragraph (1) shall administer direct ACTIONS grants or subgrants by— (A) publicizing the Program to prospective grantees, subgrantees, and the public at large, in cooperation with the Service, the Maritime Administration, and other appropriate government agencies and private institutions; (B) answering inquiries from the public, including providing information on the Program as requested; (C) distributing direct grant and subgrant applications; (D) receiving direct grant and subgrant applications and ensuring their completeness; (E) keeping records of all direct grant and subgrant awards and expenditures of funds; (F) monitoring progress of projects carried out with direct grants and subgrants; and (G) providing to the Secretary such progress reports as may be required by the Secretary. (i). —The Secretary, the ASSISTANCE OF MARITIME PRESERVATION ORGANIZATIONS National Trust, and the State Historic Preservation Officers may, individually or jointly, enter into cooperative agreements with any private nonprofit organization with appropriate expertise in maritime preservation issues, or other qualified maritime preservation organizations, to assist in the administration of the Program. (j). —The Secretary shall submit to the Committee on Commerce, REPORT TO CONGRESS Science, and Transportation of the Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives an annual report on the Program, including— (1) the total number of grant applications submitted and approved under the Program in the period covered by the report; (2) a detailed description of each project funded under the Program in the period covered by the report; (3) the results or accomplishments of each such project; and (4) recommended priorities for achieving the policy set forth in section 308701 of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3238; Pub. L. 114-328, div. C, title XXXV, §3507(b), (c), Dec. 23, 2016, 130 Stat. 2778. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308703 16 U. S. C. 5403. Pub. L. 103-451, §4, Nov. 2, 1994, 108 Stat. 4770. The text of 16 U. S. C. 5403(j) is omitted as obsolete. In subsection (a), the text of 16 U. S. C. 5403(a)(3) is omitted as obsolete. In subsections (b)(1) and (c)(1), the references are to paragraph (2) to correct errors in the source provisions. [Release Point 118-106] | usc54118-106.pdf |
In subsection (d)(4), the word "records" is substituted for "books, documents, papers, and records" to eliminate unnecessary words. In subsection (f), the text of 16 U. S. C. 5403(f)(1) is omitted as obsolete. In subsection (g), the text of 16 U. S. C. 5403(g)(2) is omitted as obsolete. In subsection (h)(2), the text of 16 U. S. C. 5403(h)(5) and (6) is omitted as obsolete. EDITORIAL NOTES AMENDMENTS 2016—Subsec. (c)(1). Pub. L. 114-328, §3507(b), substituted "under section 308704(b)(1)(A)" for "under section 308704(b)(1)(B)". Subsec. (j). Pub. L. 114-328, §3507(c)(1), in introductory provisions, substituted "the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives" for "Congress". Subsec. (j)(1). Pub. L. 114-328, §3507(c)(3), added par. (1). Former par. (1) redesignated (2). Subsec. (j)(2). Pub. L. 114-328, §3507(c)(2), (4), redesignated par. (1) as (2) and inserted "detailed" before "description". Former par. (2) redesignated (3). Subsec. (j)(3), (4). Pub. L. 114-328, §3507(c)(2), redesignated pars. (2) and (3) as (3) and (4), respectively. §308704. Funding (a) AVAILABILITY OF FUNDS FROM SALE AND SCRAPPING OF OBSOLETE VESSELS. — (1). —Notwithstanding any other provision of law, the amount of funds credited IN GENERAL in a fiscal year to the Vessel Operations Revolving Fund established by section 50301(a) of title 46 that is attributable to the sale of obsolete vessels in the National Defense Reserve Fleet that are scrapped or sold under section 57102, 57103, or 57104 of title 46 shall be available until expended as follows: (A) Fifty percent shall be available to the Administrator of the Maritime Administration for such acquisition, maintenance, repair, reconditioning, or improvement of vessels in the National Defense Reserve Fleet as is authorized under other Federal law. (B) Twenty five percent shall be available to the Administrator of the Maritime Administration for the payment or reimbursement of expenses incurred by or on behalf of State maritime academies or the United States Merchant Marine Academy for facility and training ship maintenance, repair, and modernization, and for the purchase of simulators and fuel. (C) The remainder shall be available to the Secretary to carry out the Program, as provided in subsection (b). (2). —Paragraph (1) does not apply to amounts credited to the Vessel APPLICABILITY Operations Revolving Fund before July 1, 1994. (b) USE OF AMOUNTS FOR PROGRAM. — (1) ALLOCATION. — (A). —Except as provided in subparagraph (B) and paragraph (2), of the IN GENERAL amounts available each fiscal year for the Program under subsection (a)(1)(C)— (i) 50 percent shall be used for grants under section 308703(b); and (ii) 50 percent shall be used for grants under section 308703(c). (B) SET ASIDE. — (i). —Not less than 25 percent of the amounts available each fiscal year for IN GENERAL the Program under subsection (a)(1)(C) shall be used for the preservation and presentation to the public of the maritime heritage property of the Maritime Administration. [Release Point 118-106] | usc54118-106.pdf |
(ii). —The Secretary may provide amounts used for the DIRECT TRANSFERS preservation and presentation to the public of the maritime heritage property of the Maritime Administration through direct transfers to the Maritime Administration. (iii). —The Maritime Administrator may waive the application of clause (i) for WAIVER any fiscal year. (2) ADMINISTRATIVE EXPENSES. — (A). —Not more than 15 percent or $500,000, whichever is less, of the amount IN GENERAL available for the Program under subsection (a)(1)(C) for a fiscal year may be used for expenses of administering the Program. (B). —Of the amount available under subparagraph (A) for a fiscal year— ALLOCATION (i) one half shall be allocated to the National Trust for expenses incurred in administering grants under section 308703(b) of this title; and (ii) one half shall be allocated as appropriate by the Secretary to the Service and participating State Historic Preservation Officers. (c) DISPOSAL OF VESSELS. — (1). —The Secretary of Transportation shall dispose (by sale or by purchase REQUIREMENT of disposal services) of all vessels described in paragraph (2)— (A) in accordance with a priority system for disposing of vessels, as determined by the Secretary, that shall include provisions requiring the Maritime Administration to— (i) dispose of all deteriorated high priority ships that are available for disposal within 12 months of their designation as available for disposal; and (ii) give priority to the disposition of those vessels that pose the most significant danger to the environment or cost the most to maintain; (B) in the manner that provides the best value to the Federal Government, except in any case in which obtaining the best value would require towing a vessel and the towing poses a serious threat to the environment; and (C) in accordance with the plan of the Department of Transportation for disposal of those vessels and requirements under sections 57102 to 57104 of title 46. (2). —The vessels referred to in paragraph (1) are the vessels in DESCRIPTION OF VESSELS the National Defense Reserve Fleet after July 1, 1994, that— (A) are not assigned to the Ready Reserve Force component of the National Defense Reserve Fleet; and (B) are not specifically authorized or required by statute to be used for a particular purpose. (d). —Amounts available under this section shall TREATMENT OF AVAILABLE AMOUNTS not be considered in any determination of the amounts available to the Department of the Interior. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3241; Pub. L. 114-328, div. C, title XXXV, §3507(a), Dec. 23, 2016, 130 Stat. 2777. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308704 16 U. S. C. 5405. Pub. L. 103-451, §6, Nov. 2, 1994, 108 Stat. 4776; Pub. L. 105-85, div. A, title X, §1026(c), Nov. 18, 1997, 111 Stat. 1878; Pub. L. 106-398, §1 [div. C, title XXXV, §3502(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-490;[Release Point 118-106] | usc54118-106.pdf |
Pub. L. 110-181, div. C, title XXXV, §3514, Jan. 28, 2008, 122 Stat. 594; Pub. L. 111-84, div. C, title XXXV, §3509, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111-383, div. A, title X, §1075(n), Jan. 7, 2011, 124 Stat. 4378. The text of 16 U. S. C. 5405(b)(2) is omitted as obsolete. In subsection (a)(1)(C), before subparagraph (i), the words "whether collected before or after October 28, 2009" are omitted as obsolete. EDITORIAL NOTES AMENDMENTS 2016—Subsec. (a)(1)(C). Pub. L. 114-328, §3507(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) related to availability of remainder of funds. Subsec. (b)(1). Pub. L. 114-328, §3507(a)(2), amended par. (1) generally. Prior to amendment, par. (1) related to use of amounts for certain projects under the National Maritime Heritage Grants Program. STATUTORY NOTES AND RELATED SUBSIDIARIES PILOT PROGRAM ON EXPORT OF OBSOLETE VESSELS FOR DISMANTLEMENT AND RECYCLING Pub. L. 107-314, div. C, title XXXV, §3504(c), (d), Dec. 2, 2002, 116 Stat. 2755, 2756, provided that the Secretary of Transportation, Secretary of State, and Administrator of the Environmental Protection Agency would jointly carry out, during fiscal year 2003, one or more pilot programs through the Maritime Administration to explore the feasibility and advisability of various alternatives for exporting obsolete vessels in the National Defense Reserve Fleet for purposes of the dismantlement and recycling of such vessels and the Secretary of Transportation shall submit to Congress a report on the pilot programs including a description of their activities and recommendations for further legislative or administrative action as the Secretary considers appropriate. SCRAPPING OF NATIONAL DEFENSE RESERVE FLEET VESSELS Pub. L. 106-398, §1 [div. C, title XXXV, §3502(b)-(f)], Oct. 30, 2000, 114 Stat. 1654, 1654A-490 to 1654A-492, as amended by Pub. L. 109-163, div. C, title XXXV, §3505(a), Jan. 6, 2006, 119 Stat. 3551; Pub. L. 112-81, div. C, title XXXV, §3504, Dec. 31, 2011, 125 Stat. 1717; Pub. L. 112-239, div. C, title XXXV, §3502, Jan. 2, 2013, 126 Stat. 2222, provided that: "(b). —The Secretary of Transportation may scrap obsolete SELECTION OF SCRAPPING FACILITIES vessels pursuant to section 6(c)(1) of the National Maritime Heritage Act of 1994 ([former] 16 U. S. C. 5405(c)(1)) [see 54 U. S. C. 308704(c)(1)] through qualified scrapping facilities, using the most expeditious scrapping methodology and location practicable. Scrapping facilities shall be selected under that section on a best value basis consistent with the Federal Acquisition Regulation, as in effect on the date of contract award, without any predisposition toward foreign or domestic facilities taking into consideration, among other things, the ability of facilities to scrap vessels— "(1) at least cost to the Government; "(2) in a timely manner; "(3) giving consideration to worker safety and the environment; and "(4) in a manner that minimizes the geographic distance that a vessel must be towed when towing a vessel poses a serious threat to the environment. "(c) COMPREHENSIVE MANAGEMENT PLAN. — "(1). —The Secretary of Transportation shall prepare, REQUIREMENT TO DEVELOP PLAN publish, and submit to the Congress by not later than 180 days after the date of the enactment of this Act [probably should be "this subsection", Jan. 6, 2006] a comprehensive plan for management of the vessel disposal program of the Maritime Administration in accordance with the recommendations made in the Government Accountability Office in report number GAO-05-264, dated March 2005. "(2). —The plan shall— CONTENTS OF PLAN[Release Point 118-106] | usc54118-106.pdf |
"(A) include a strategy and implementation plan for disposal of obsolete National Defense Reserve Fleet vessels (including vessels added to the fleet after the enactment of this paragraph) in a timely manner, maximizing the use of all available disposal methods, including dismantling, use for artificial reefs, donation, and Navy training exercises; "(B) identify and describe the funding and other resources necessary to implement the plan, and specific milestones for disposal of vessels under the plan; "(C) establish performance measures to track progress toward achieving the goals of the program, including the expeditious disposal of ships commencing upon the date of the enactment of this paragraph; "(D) develop a formal decisionmaking framework for the program; and "(E) identify external factors that could impede successful implementation of the plan, and describe steps to be taken to mitigate the effects of such factors. "(d) IMPLEMENTATION OF MANAGEMENT PLAN. — "(1). —Subject to the availability of appropriations, the Secretary REQUIREMENT TO IMPLEMENT shall implement the vessel disposal program of the Maritime Administration in accordance with— "(A) the management plan submitted under subsection (c); and "(B) the requirements set forth in paragraph (2). "(2). —In the procurement of services under the vessel UTILIZATION OF DOMESTIC SOURCES disposal program of the Maritime Administration, the Secretary shall— "(A) use full and open competition; and "(B) utilize domestic sources to the maximum extent practicable. "(e) FAILURE TO SUBMIT PLAN. — "(1) PRIVATE MANAGEMENT CONTRACT FOR DISPOSAL OF MARITIME. —The Secretary of Transportation, subject to the availability of ADMINISTRATION VESSELS appropriations, shall promptly award a contract using full and open competition to expeditiously implement all aspects of disposal of obsolete National Defense Reserve Fleet vessels. "(2). —This subsection shall apply beginning 180 days after the date of the enactment APPLICATION of this subsection [Jan. 6, 2006], unless the Secretary of Transportation has submitted to the Congress the comprehensive plan required under subsection (c). "(f). —The Maritime Administrator shall, upon request, provide briefings to the Committee on BRIEFINGS Transportation and Infrastructure, the Committee on Natural Resources, and the Committee on Armed Services of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate, on the progress made in recycling vessels, problems encountered with recycling vessels, issues relating to vessel recycling, and other issues relating to vessel recycling and disposal. " §308705. Designation of America's National Maritime Museum (a). —America's National Maritime Museum shall be composed of the museums IN GENERAL designated by law to be museums of America's National Maritime Museum on the basis that the museums— (1) house a collection of maritime artifacts clearly representing the Nation's maritime heritage; and (2) provide outreach programs to educate the public about the Nation's maritime heritage. (b). —The following museums (meeting the criteria specified in INITIAL DESIGNATION subsection (a)) are designated as museums of America's National Maritime Museum: (1) The Mariners' Museum, located at 100 Museum Drive, Newport News, Virginia. (2) The South Street Seaport Museum, located at 207 Front Street, New York, New York. (c). —The designation FUTURE DESIGNATION OF OTHER MUSEUMS NOT PRECLUDED of the museums referred to in subsection (b) as museums of America's National Maritime Museum does not preclude the designation by law of any other museum that meets the criteria specified in subsection (a) as a museum of America's National Maritime Museum. (d). —Any reference in any law, map, regulation, document, paper, REFERENCE TO MUSEUMS or other record of the United States to a museum designated by law to be a museum of America's National Maritime Museum shall be deemed to be a reference to that museum as a museum of[Release Point 118-106] | usc54118-106.pdf |
Authorization of appropriations. 308905. Guidelines and regulations. 308904. Grants. 308903. Establishment. 308902. Definitions. 308901. Sec. America's National Maritime Museum. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3242. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308705 16 U. S. C. 5409. Pub. L. 105-261, div. A, title X, §1068, Oct. 17, 1998, 112 Stat. 2135. §308706. Regulations The Secretary, after consultation with the National Trust, the National Conference of State Historic Preservation Officers, and appropriate members of the maritime heritage community, shall prescribe appropriate guidelines, procedures, and regulations to carry out the chapter, including direct grant and subgrant priorities, the method of solicitation and review of direct grant and subgrant proposals, criteria for review of direct grant and subgrant proposals, administrative requirements, reporting and recordkeeping requirements, and any other requirements the Secretary considers appropriate. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3243. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308706 16 U. S. C. 5407. Pub. L. 103-451, §8, Nov. 2, 1994, 108 Stat. 4778. The words "within 1 year after November 2, 1994" are omitted as obsolete. §308707. Applicability of other authorities The authorities contained in this chapter shall be in addition to, and shall not be construed to supersede or modify those contained in division A of this subtitle. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3243. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308707 16 U. S. C. 5408. Pub. L. 103-451, §9, Nov. 2, 1994, 108 Stat. 4778. CHAPTER 3089—SAVE AMERICA'S TREASURES PROGRAM [Release Point 118-106] | usc54118-106.pdf |
§308901. Definitions In this chapter: (1). —The term "collection" means a collection of intellectual and cultural COLLECTION artifacts, including documents, sculpture, and works of art. (2). —The term "eligible entity" means a Federal entity, State, local, or ELIGIBLE ENTITY tribal government, educational institution, or nonprofit organization. (3). —The term "historic property" has the meaning given the term in HISTORIC PROPERTY section 300308 of this title. (4). —The term "nationally significant", in reference to a NATIONALLY SIGNIFICANT collection or historic property, means a collection or historic property that meets the applicable criteria for national significance, in accordance with regulations promulgated by the Secretary pursuant to section 302103 of this title. (5). —The term "program" means the Save America's Treasures Program PROGRAM established under section 308902(a) of this title. (6). —The term "Secretary" means the Secretary, acting through the Director. SECRETARY (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3243. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308901 16 U. S. C. 469 (b). o Pub. L. 111-11, title VII, subtitle D, §7303(b), Mar. 30, 2009, 123 Stat. 1216. In paragraph (4), the words "in reference to a collection or historic property" are added for clarity. §308902. Establishment (a). —There is established in the Department of the Interior the Save America's IN GENERAL Treasures Program. (b). —In consultation and partnership with the National Endowment for the Arts, PARTICIPANTS the National Endowment for the Humanities, the Institute of Museum and Library Services, the National Trust for Historic Preservation in the United States, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, and the President's Committee on the Arts and the Humanities, the Secretary shall use the amounts made available under section 308905 of this title to provide grants to eligible entities for projects to preserve nationally significant collections and historic property. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3244. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308902 16 U. S. C. 469 (a), (c)(1). o Pub. L. 111-11, title VII, subtitle D, §7303(a), (c)(1), Mar. 30, 2009, 123 Stat. 1216, 1217. In subsection (a), the words "The purpose of this section is to authorize within the Department of the Interior the Save America's Treasures Program" are omitted as unnecessary. The words "to be carried out by the Director of the National Park Service" are omitted because the definition of "Secretary" in section 308901 of the new title provides that the Secretary acts through the Director and because this is the only place in the chapter where the Director is mentioned. In subsection (b), the words "subject to paragraph (6)(A)(ii)" are omitted as unnecessary. [Release Point 118-106] | usc54118-106.pdf |
§308903. Grants (a). —Of the amounts made available for grants under section DETERMINATION OF GRANTS 308905 of this title, not less than 50 percent shall be made available for grants for projects to preserve collections and historic property, to be distributed through a competitive grant process administered by the Secretary, subject to the selection criteria established under subsection (d). (b). —To be considered for a grant under the program an eligible APPLICATION FOR GRANTS entity shall submit to the Secretary an application containing such information as the Secretary may require. (c) COLLECTIONS AND HISTORIC PROPERTY ELIGIBLE FOR GRANTS. — (1). —A collection or historic property shall be provided a grant under the IN GENERAL program only if the Secretary determines that the collection or historic property is— (A) nationally significant; and (B) threatened or endangered. (2). —A determination by the Secretary regarding the national ELIGIBLE COLLECTIONS significance of a collection under paragraph (1)(A) shall be made in consultation with the organizations described in section 308902(b) of this title, as appropriate. (3). —To be eligible for a grant under the program, a ELIGIBLE HISTORIC PROPERTY historic property shall, as of the date of the grant application— (A) be listed on the National Register of Historic Places at the national level of significance; or (B) be designated as a National Historic Landmark. (d) SELECTION CRITERIA. — (1). —The Secretary shall not provide a grant under this chapter to a project for a IN GENERAL collection or historic property unless the project— (A) eliminates or substantially mitigates the threat of destruction or deterioration of the collection or historic property; (B) has a clear public benefit; and (C) is able to be completed on schedule and within the budget described in the grant application. (2). —In providing grants under this chapter, the Secretary may give preference PREFERENCE to projects that carry out the purposes of both the program and the Preserve America Program. (3). —In providing grants under this chapter, the Secretary shall provide only one LIMITATION grant to each project selected for a grant. (e) CONSULTATION AND NOTIFICATION BY SECRETARY. — (1) CONSULTATION. — (A). —Subject to subparagraph (B), the Secretary shall consult with the IN GENERAL organizations described in section 308902(b) of this title in preparing the list of projects to be provided grants for a fiscal year under the program. (B). —If an organization described in section 308902(b) of this title has LIMITATION submitted an application for a grant under the program, the organization shall be recused by the Secretary from the consultation requirements under subparagraph (A) and section 308902(b) of this title. (2). —Not later than 30 days before the date on which the Secretary provides NOTIFICATION grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy[Release Point 118-106] | usc54118-106.pdf |
and Natural Resources and Committee on Appropriations of the Senate and the Committee on Natural Resources and Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year. (f) COST-SHARING REQUIREMENT. — (1). —The non-Federal share of the cost of carrying out a project provided a IN GENERAL grant under this chapter shall be not less than 50 percent of the total cost of the project. (2). —The non-Federal share required under paragraph (1) FORM OF NON-FEDERAL SHARE shall be in the form of— (A) cash; or (B) donated supplies or related services, the value of which shall be determined by the Secretary. (3). —The Secretary shall ensure that each applicant for a grant has the REQUIREMENT capacity and a feasible plan for securing the non-Federal share for an eligible project required under paragraph (1) before a grant is provided to the eligible project under the program. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3244. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308903 16 U. S. C. 469 (c)(2) througho (7). Pub. L. 111-11, title VII, subtitle D, §7303(c)(2) through (7), Mar. 30, 2009, 123 Stat. 1217. In subsections (b) and (c), the word "competitive" is omitted for consistency in the chapter. In subsection (e)(1)(A), the words "by the Secretary" are omitted as unnecessary. In subsection (e)(1)(B), the word "organization" is substituted for "entity" for consistency. §308904. Guidelines and regulations The Secretary shall develop any guidelines and prescribe any regulations that the Secretary determines to be necessary to carry out this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3245. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 308904 16 U. S. C. 469 (d). o Pub. L. 111-11, title VII, subtitle D, §7303(d), Mar. 30, 2009, 123 Stat. 1218. §308905. Authorization of appropriations There is authorized to be appropriated to carry out this chapter $50,000,000 for each fiscal year, to remain available until expended. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3245. ) HISTORICAL AND REVISION NOTES Revised[Release Point 118-106] | usc54118-106.pdf |
Sites and structures that commemorate former Presidents. 309101. Sec. Section Source (U. S. Code) Source (Statutes at Large) 308905 16 U. S. C. 469 (e). o Pub. L. 111-11, title VII, subtitle D, §7303(e), Mar. 30, 2009, 123 Stat. 1218. CHAPTER 3091—COMMEMORATION OF FORMER PRESIDENTS §309101. Sites and structures that commemorate former Presidents (a). —The Secretary may conduct a survey of sites that the Secretary considers exhibit SURVEY qualities most appropriate for the commemoration of each former President. The survey may— (1) include sites associated with the deeds, leadership, or lifework of a former President; and (2) identify sites or structures historically unrelated to a former President but that may be suitable as a memorial to honor that President. (b). —The Secretary shall, from time to time, prepare and transmit to the Committee on REPORTS Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate reports on individual sites and structures identified in a survey under subsection (a), together with the Secretary's recommendation as to whether the site or structure is suitable for establishment as a national historic site or national memorial to commemorate a former President. Each report shall include pertinent information with respect to the need for acquisition of land and interests in land, the development of facilities, and the operation and maintenance of the site or structure and the estimated cost of the operation and maintenance. (c). —If during the 6-month period ESTABLISHMENT AS NATIONAL HISTORIC SITE following the transmittal of a report pursuant to subsection (b) neither Committee has by vote of a majority of its members disapproved a recommendation of the Secretary that a site or structure is suitable for establishment as a national historic site, the Secretary may by appropriate order establish the site or structure as a national historic site, including the land and interests in land identified in the report accompanying the recommendation of the Secretary. (d) . —The Secretary may acquire the ACQUISTION 1OF LAND AND INTERESTS IN LAND land and interests in land by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange. (e). —Nothing in this section shall be construed as diminishing the EFFECT OF SECTION authority of the Secretary under chapter 3201 of this title or as authorizing the Secretary to establish any national memorial, creation of which is expressly reserved to Congress. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3246. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 309101 16 U. S. C. 467b(a) through (c). Pub. L. 96-199, title I, §120(a) through (c), Mar. 5, 1980, 94 Stat. 73; Pub. L. 103-437, §6(d)(26), Nov. 2, 1994, 108 Stat. 4584. In subsection (d), the words "and he shall administer the site in accordance with sections 1, 2, 3, and 4 of this title, as amended and supplemented, and sections 461 to 467 of this title, as amended" are omitted as[Release Point 118-106] | usc54118-106.pdf |
Authorization of appropriations. 311105. Regulations. 311104. Designation of Preserve America Communities. 311103. Establishment. 311102. Definitions. 311101. Sec. unnecessary because a site established under this section is a System unit that the Secretary administers under 16 U. S. C. 1, 2, 3, 4, and 461 to 467, restated as section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, and 102101, and chapter 3201 of the new title. So in original. Probably should be " ". 1ACQUISITION SUBDIVISION 2—ADMINISTERED JOINTLY WITH NATIONAL PARK SERVICE CHAPTER 3111—PRESERVE AMERICA PROGRAM §311101. Definitions In this chapter: (1). —The term "Council" means the Advisory Council on Historic Preservation. COUNCIL (2). —The term "heritage tourism" means the conduct of activities to HERITAGE TOURISM attract and accommodate visitors to a site or area based on the unique or special aspects of the history, landscape (including trail systems), and culture of the site or area. (3). —The term "program" means the Preserve America Program established under PROGRAM section 311102(a). (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3247. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 311101 16 U. S. C. 469n(b). Pub. L. 111-11, title VII, subtitle D, §7302(b), Mar. 30, 2009, 123 Stat. 1214. §311102. Establishment (a). —There is established in the Department of the Interior the Preserve America IN GENERAL Program, under which the Secretary, in partnership with the Council, may provide competitive grants to States, local governments (including local governments in the process of applying for designation as Preserve America Communities under section 311103 of this title, Indian tribes, communities designated as Preserve America Communities under section 311103 of this title, State historic preservation offices, and tribal historic preservation offices to support preservation efforts through heritage tourism, education, and historic preservation planning activities. (b) ELIGIBLE PROJECTS. — (1). —The following projects shall be eligible for a grant under this chapter: IN GENERAL (A) A project for the conduct of— (i) research on, and documentation of, the history of a community; and[Release Point 118-106] | usc54118-106.pdf |
(ii) surveys of the historic resources of a community. (B) An education and interpretation project that conveys the history of a community or site. (C) A planning project (other than building rehabilitation) that advances economic development using heritage tourism and historic preservation. (D) A training project that provides opportunities for professional development in areas that would aid a community in using and promoting its historic resources. (E) A project to support heritage tourism in a Preserve America Community designated under section 311103 of this title. (F) Other nonconstruction projects that identify or promote historic properties or provide for the education of the public about historic properties that are consistent with the purposes of this chapter. (2). —In providing grants under this chapter, the Secretary shall provide only one LIMITATION grant to each eligible project selected for a grant. (c). —In providing grants under this chapter, the Secretary may give preference to PREFERENCE projects that carry out the purposes of both the program and the Save America's Treasures Program. (d) CONSULTATION AND NOTIFICATION. — (1). —The Secretary shall consult with the Council in preparing the list of CONSULTATION projects to be provided grants for a fiscal year under the program. (2). —Not later than 30 days before the date on which the Secretary provides NOTIFICATION grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy and Natural Resources and Committee on Appropriations of the Senate and the Committee on Natural Resources and Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year. (e) COST-SHARING REQUIREMENT. — (1). —The non-Federal share of the cost of carrying out a project provided a IN GENERAL grant under this chapter shall be not less than 50 percent of the total cost of the project. (2). —The non-Federal share required under paragraph (1) FORM OF NON-FEDERAL SHARE shall be in the form of— (A) cash; or (B) donated supplies and related services, the value of which shall be determined by the Secretary. (3). —The Secretary shall ensure that each applicant for a grant has the REQUIREMENT capacity to secure, and a feasible plan for securing, the non-Federal share for an eligible project required under paragraph (1) before a grant is provided to the eligible project under the program. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3247. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 311102 16 U. S. C. 469n(c). Pub. L. 111-11, title VII, subtitle D, §7302(c), Mar. 30, 2009, 123 Stat. 1214. §311103. Designation of Preserve America Communities (a). —To be considered for designation as a Preserve America Community, a APPLICATION community, tribal area, or neighborhood shall submit to the Council an application containing such[Release Point 118-106] | usc54118-106.pdf |
information as the Council may require. (b). —To be designated as a Preserve America Community under the program, a CRITERIA community, tribal area, or neighborhood that submits an application under subsection (a) shall, as determined by the Chairman of the Council, in consultation with the Secretary, meet criteria required by the Chairman of the Council and, in addition, consider— (1) protection and celebration of the heritage of the community, tribal area, or neighborhood; (2) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; and (3) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs. (c) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRESERVATION. —The Council shall establish an expedited process for Preserve America Community ACTIVITIES designation for local governments previously certified for historic preservation activities under section 302502 of this title. (d). —The Chairman of the Council, in consultation with the Secretary, shall GUIDELINES establish any guidelines that are necessary to carry out this section. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3248; Pub. L. 114-289, title V, §501(d), Dec. 16, 2016, 130 Stat. 1490. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 311103 16 U. S. C. 469n(d). Pub. L. 111-11, title VII, subtitle D, §7302(d), Mar. 30, 2009, 123 Stat. 1215. EDITORIAL NOTES AMENDMENTS 2016—Subsec. (b). Pub. L. 114-289 substituted "Chairman of the Council" for "Council" in two places in introductory provisions. Subsec. (d). Pub. L. 114-289 substituted "Chairman of the Council" for "Council". §311104. Regulations The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3248. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 311104 16 U. S. C. 469n(e). Pub. L. 111-11, title VII, subtitle D, §7302(e), Mar. 30, 2009, 123 Stat. 1216. §311105. Authorization of appropriations There is authorized to be appropriated to carry out this chapter $25,000,000 for each fiscal year, to[Release Point 118-106] | usc54118-106.pdf |
Consultation with National Park System Advisory Board. 312106. Powers. 312105. Board of trustees. 312104. Principal office. 312103. Establishment and purposes. 312102. Definitions. 312101. Sec. remain available until expended. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3249; Pub. L. 113-291, div. B, title XXX, §3033(e), Dec. 19, 2014, 128 Stat. 3777. ) AMENDMENT NOT SHOWN IN TEXT This section was derived from section 469n(f) of Title 16, Conservation, which was amended by Pub. L. 113-291, div. B, title XXX, §3033(e), Dec. 19, 2014, 128 Stat. 3777. For applicability of that amendment to this section, see section 6(b) of Pub. L. 113-287, set out as a Transitional and Savings Provisions note preceding section 100101 of this title. Former section 469n(f) of Title 16 was amended by Pub. L. 113-291 by inserting ", except that the amount authorized to be appropriated to carry out this section not appropriated as of the date of enactment of the First State National Historical Park Act shall be reduced by $6,500,000" before period at end. HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 311105 16 U. S. C. 469n(f). Pub. L. 111-11, title VII, subtitle D, §7302(f), Mar. 30, 2009, 123 Stat. 1216. EDITORIAL NOTES REFERENCES IN TEXT The date of enactment of the First State National Historical Park Act, referred to in Amendment Not Shown in Text note above, probably means the date of enactment of section 3033 of Pub. L. 113-291, which provided for the establishment of the First State National Historical Park and was approved Dec. 19, 2014. See section 410rrr of Title 16, Conservation. No act with the title First State National Historical Park Act has been enacted. SUBDIVISION 3—ADMINISTERED BY OTHER THAN NATIONAL PARK SERVICE CHAPTER 3121—NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES §312101. Definitions In this chapter: (1). —The term "Board" means the board of trustees of the National Trust. BOARD (2). —The term "National Trust" means the National Trust for Historic NATIONAL TRUST Preservation in the United States established under section 312102 of this title. [Release Point 118-106] | usc54118-106.pdf |
(Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3249. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312101 no source. §312102. Establishment and purposes (a). —To further the policy enunciated in chapter 3201 of this title, and to ESTABLISHMENT facilitate public participation in the preservation of sites, buildings, and objects of national significance or interest, there is established a charitable, educational, and nonprofit corporation to be known as the National Trust for Historic Preservation in the United States. (b). —The purposes of the National Trust shall be to— PURPOSES (1) receive donations of sites, buildings, and objects significant in American history and culture; (2) preserve and administer the sites, buildings, and objects for public benefit; (3) accept, hold, and administer gifts of money, securities, or other property of any character for the purpose of carrying out the preservation program; and (4) execute other functions vested in the National Trust by this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3249. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312102 16 U. S. C. 468. Oct. 26, 1949, ch. 735, §1, 63 Stat. 927. §312103. Principal office The National Trust shall have its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident of the District of Columbia. The National Trust may establish offices in other places as it may consider necessary or appropriate in the conduct of its business. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3249. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312103 16 U. S. C. 468a. Oct. 26, 1949, ch. 735, §2, 63 Stat. 927. The words "inhabitant and" are omitted as unnecessary. §312104. Board of trustees (a). —The affairs of the National Trust shall be under the general direction of a MEMBERSHIP board of trustees composed as follows: (1) The Attorney General, the Secretary, and the Director of the National Gallery of Art, ex officio. (2) Not fewer than 6 general trustees who shall be citizens of the United States. (b). —The Attorney General and the Secretary, when DESIGNATION OF ANOTHER OFFICER[Release Point 118-106] | usc54118-106.pdf |
it appears desirable in the interest of the conduct of the business of the Board and to such extent as they consider it advisable, may, by written notice to the National Trust, designate any officer of their respective departments to act for them in the discharge of their duties as a member of the Board. (c) GENERAL TRUSTEES. — (1). —The number of general trustees shall be fixed by the Board NUMBER AND SELECTION and shall be chosen by the members of the National Trust from its members at any regular meeting of the National Trust. (2). —The respective terms of office of the general trustees shall be as TERM OF OFFICE prescribed by the Board but in no case shall exceed a period of 5 years from the date of election. (3). —A successor to a general trustee shall be chosen in the same manner and SUCCESSOR shall have a term expiring 5 years from the date of the expiration of the term for which the predecessor was chosen, except that a successor chosen to fill a vacancy occurring prior to the expiration of a term shall be chosen only for the remainder of that term. (d). —The chairman of the Board shall be elected by a majority vote of the members CHAIRMAN of the Board. (e). —No compensation shall be paid to the COMPENSATION AND REIMBURSEMENT members of the Board for their services as such members, but they shall be reimbursed for travel and actual expenses necessarily incurred by them in attending board meetings and performing other official duties on behalf of the National Trust at the direction of the Board. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3249. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312104 16 U. S. C. 468b. Oct. 26, 1949, ch. 735, §3, 63 Stat. 928; July 28, 1953, ch. 255, 67 Stat. 228. §312105. Powers (a). —To the extent necessary to enable it to carry out the functions vested in it by IN GENERAL this chapter, the National Trust has the general powers described in this section. (b). —The National Trust has succession until dissolved by Act of Congress, in SUCCESSION which event title to the property of the National Trust, both real and personal, shall, insofar as consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the National Trust, pass to and become vested in the United States. (c). —The National Trust may sue and be sued in its corporate name. SUE AND BE SUED (d). —The National Trust may adopt, alter, and use a corporate seal that CORPORATE SEAL shall be judicially noticed. (e). —The National Trust may adopt a CONSTITUTION, BYLAWS, AND REGULATIONS constitution and prescribe such bylaws and regulations, not inconsistent with the laws of the United States or of any State, as it considers necessary for the administration of its functions under this chapter, including among other matters, bylaws and regulations governing visitation to historic properties, administration of corporate funds, and the organization and procedure of the Board. (f). —The National Trust may accept, hold, and administer gifts and PERSONAL PROPERTY bequests of money, securities, or other personal property of any character, absolutely or in trust, for the purposes for which the National Trust is created. Unless otherwise restricted by the terms of a gift or bequest, the National Trust may sell, exchange, or otherwise dispose of, and invest or reinvest in investments as it may determine from time to time, the moneys, securities, or other property given or bequeathed to it. The principal of corporate funds and the income from those funds and all other[Release Point 118-106] | usc54118-106.pdf |
revenues received by the National Trust from any source shall be placed in such depositories as the National Trust shall determine and shall be subject to expenditure by the National Trust for its corporate purposes. (g). —The National Trust may acquire by gift, devise, purchase, or otherwise, REAL PROPERTY absolutely or in trust, and hold and, unless otherwise restricted by the terms of the gift or devise, encumber, convey, or otherwise dispose of, any real property, or any estate or interest in real property (except property within the exterior boundaries of a System unit), as may be necessary and proper in carrying into effect the purposes of the National Trust. (h) CONTRACTS AND COOPERATIVE AGREEMENTS RESPECTING PROTECTION,. —The National Trust may contract and PRESERVATION, MAINTENANCE, OR OPERATION make cooperative agreements with Federal, State, or local agencies, corporations, associations, or individuals, under terms and conditions that the National Trust considers advisable, respecting the protection, preservation, maintenance, or operation of any historic site, building, object, or property used in connection with the site, building, object, or property for public use, regardless of whether the National Trust has acquired title to the property, or any interest in the property. (i). —The National Trust may ENTER INTO CONTRACTS AND EXECUTE INSTRUMENTS enter into contracts generally and execute all instruments necessary or appropriate to carry out its corporate purposes, including concession contracts, leases, or permits for the use of land, buildings, or other property considered desirable either to accommodate the public or to facilitate administration. (j). —The National Trust may appoint and prescribe OFFICERS, AGENTS, AND EMPLOYEES the duties of officers, agents, and employees as may be necessary to carry out its functions, and fix and pay compensation to them for their services as the National Trust may determine. (k). —The National Trust may generally do any and all lawful acts necessary or LAWFUL ACTS appropriate to carry out the purposes for which the National Trust is created. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3250. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312105 16 U. S. C. 468c. Oct. 26, 1949, ch. 735, §4, 63 Stat. 928. In subsection (h), the words "local agencies" are substituted for "municipal departments or agencies" for consistency in the revised title and with other titles of the United States Code. §312106. Consultation with National Park System Advisory Board In carrying out its functions under this chapter, the National Trust may consult with the National Park System Advisory Board on matters relating to the selection of sites, buildings, and objects to be preserved and protected pursuant to this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3251. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312106 16 U. S. C. 468d. Oct. 26, 1949, ch. 735, §5, 63 Stat. 929. The words "National Park System Advisory Board" are substituted for "Advisory Board on National Parks, Historic Sites, Buildings, and Museums" because the Board was renamed when section 3 of the Act of August 21, 1935 (known as the Historic Sites, Buildings, and Antiquities Act (ch. 593, 49 Stat. 667)) was amended by section 9 of Public Law 91-383, as added by section 2 of Public Law 94-458 (90 Stat. 1940). [Release Point 118-106] | usc54118-106.pdf |
Reports. 312305. Duties and powers; administrative support. 312304. Establishment. 312303. Declaration of national interest. 312302. Definition. 312301. Sec. CHAPTER 3123—COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE ABROAD §312301. Definition In this chapter, the term "Commission" means the Commission for the Preservation of America's Heritage Abroad established under section 312303 of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3252. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312301 no source. §312302. Declaration of national interest Because the fabric of a society is strengthened by visible reminders of the historical roots of the society, it is in the national interest to encourage the preservation and protection of the cemeteries, monuments, and historic buildings associated with the foreign heritage of United States citizens. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3252. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312302 16 U. S. C. 469j(a). Pub. L. 99-83, title XIII, §1303(a), Aug. 8, 1985, 99 Stat. 280. §312303. Establishment (a). —There is established a commission to be known as the Commission for ESTABLISHMENT the Preservation of America's Heritage Abroad. (b). —The Commission shall consist of 21 members appointed by the President, 7 MEMBERSHIP of whom shall be appointed after consultation with the Speaker of the House of Representatives and 7 of whom shall be appointed after consultation with the President pro tempore of the Senate. (c) TERM. — (1). —Except as provided in paragraph (2), a member of the Commission shall IN GENERAL be appointed for a term of 3 years. (2). —A member appointed to fill a vacancy on the Commission shall serve for the VACANCY remainder of the term for which the member's predecessor was appointed. (3). —A member may retain membership on MEMBER UNTIL SUCCESSOR APPOINTED the Commission until the member's successor has been appointed. (d). —The President shall designate the Chairman of the Commission from among CHAIRMAN[Release Point 118-106] | usc54118-106.pdf |
its members. (e). —The Commission shall meet at least once every 6 months. MEETINGS (f) COMPENSATION AND EXPENSES. — (1). —Members of the Commission shall receive no pay on account of their COMPENSATION service on the Commission. (2). —While away from their homes or regular places of business in the EXPENSES performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as individuals employed intermittently in the Government service are allowed expenses under section 5703 of title 5. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3252. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312303(a) 16 U. S. C. 469j(b). Pub. L. 99-83, title XIII, §1303(b), (d) through (f), Aug. 8, 1985, 99 Stat. 280. 312303(b) through (f)16 U. S. C. 469j(d) through (f). In subsection (c), the text of 16 U. S. C. 469j(d)(2)(B) is omitted as obsolete. §312304. Duties and powers; administrative support (a). —The Commission shall—DUTIES (1) identify and publish a list of cemeteries, monuments, and historic buildings located abroad that are associated with the foreign heritage of United States citizens from eastern and central Europe, particularly cemeteries, monuments, and buildings that are in danger of deterioration or destruction; (2) encourage the preservation and protection of those cemeteries, monuments, and historic buildings by obtaining, in cooperation with the Secretary of State, assurances from foreign governments that the cemeteries, monuments, and buildings will be preserved and protected; and (3) prepare and disseminate reports on the condition of, and the progress toward preserving and protecting, those cemeteries, monuments, and historic buildings. (b) POWERS. — (1) HOLD HEARINGS, REQUEST ATTENDANCE, TAKE TESTIMONY, AND RECEIVE. —The Commission or any member it authorizes may, for the purposes of carrying EVIDENCE out this chapter, hold such hearings, sit and act at such times and places, request such attendance, take such testimony, and receive such evidence, as the Commission considers appropriate. (2). —The Commission may appoint such personnel APPOINT PERSONNEL AND FIX PAY (subject to the provisions of title 5 governing appointments in the competitive service) and may fix the pay of such personnel (subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5), as the Commission considers desirable. (3). —The Commission may PROCURE TEMPORARY AND INTERMITTENT SERVICES procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay then in effect under section 5376 of title 5. (4). —On request of the Commission, the head of DETAIL PERSONNEL TO COMMISISON 1 any Federal department or agency, including the Secretary of State, may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this chapter. [Release Point 118-106] | usc54118-106.pdf |
(5). —The Commission may secure directly from any department or SECURE INFORMATION agency of the United States, including the Department of State, any information necessary to enable it to carry out this chapter. On the request of the Chairman of the Commission, the head of the department or agency shall furnish the information to the Commission. (6). —The Commission may accept, use, and dispose of gifts or GIFTS OR DONATIONS donations of money or property. (7). —The Commission may use the United States mails in the same manner USE OF MAILS and on the same conditions as other departments and agencies of the United States. (c). —The Administrator of General Services shall provide to the ADMINISTRATIVE SUPPORT Commission on a reimbursable basis administrative support services as the Commission may request. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3252. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312304(a) 16 U. S. C. 469j(c). Pub. L. 99-83, title XIII, §1303(c), (g), Aug. 8, 1985, 99 Stat. 280, 281. 312304(b) 16 U. S. C. 469j(g). In subsection (a)(2), the word "Secretary" is substituted for "Department" because of 22 U. S. C. 2651 and 2651a(a). In subsection (b)(3), the words "under section 5376 of title 5" are substituted for "for grade GS-18 of the General Schedule (5 U. S. C. 5332(a))" because of section 529 [title I, §101(c)(1)] of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101-509, 5 U. S. C. 5376 note). So in original. Probably should be " ". 1COMMISSION §312305. Reports As soon as practicable after the end of each fiscal year, the Commission shall transmit to the President a report that includes— (1) a detailed statement of the activities and accomplishments of the Commission during the fiscal year; and (2) any recommendations of the Commission for legislation and administrative actions. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3253. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312305 16 U. S. C. 469j(h). Pub. L. 99-83, title XIII, §1303(h), Aug. 8, 1985, 99 Stat. 282. The words "and to each House of Congress" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U. S. C. 1113 note). See the 4th item on page 174 of House Document No. 103-7. CHAPTER 3125—PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA[Release Point 118-106] | usc54118-106.pdf |
Costs for identification, surveys, evaluation, and data recovery with respect to historic property. 312508. Assistance to Secretary by Federal agencies responsible for construction projects. 312507. Administration. 312506. Notice of dam construction. 312505. Progress reports by Secretary on surveys and work undertaken as result of surveys. 312504. Survey and recovery by Secretary. 312503. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction projects. 312502. Definition. 312501. Sec. §312501. Definition In this chapter, the term "State" includes a State, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3254. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312501 16 U. S. C. 469c-1. Pub. L. 86-523, §8, as added Pub. L. 96-205, title VI, §608(b)(2), Mar. 12, 1980, 94 Stat. 92. The words "the Trust Territory of the Pacific Islands" are omitted as obsolete. See note at 48 U. S. C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U. S. C. 1801 note), the Compact of Free Association between the Government of the United States of America and the Governments of the Marshall Islands and the Federated States of Micronesia (48 U. S. C. 1901 note), and the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U. S. C. 1931 note). §312502. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction projects (a) ACTIVITY OF FEDERAL AGENCY. — (1). —When any Federal agency finds, or is notified, in NOTIFICATION OF SECRETARY writing, by an appropriate historical or archeological authority, that its activities in connection with any Federal construction project or federally licensed project, activity, or program may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, the agency shall notify the Secretary, in writing, and shall provide the Secretary with appropriate information concerning the project, program, or activity. (2). —The agency— RECOVERY, PROTECTION, AND PRESERVATION OF DATA (A) may request the Secretary to undertake the recovery, protection, and preservation of the data (including preliminary survey, or other investigation as needed, and analysis and publication of the reports resulting from the investigation); or (B) may, with funds appropriated for the project, program, or activity, undertake those activities. (3). —Copies of reports of any investigations made pursuant to AVAILABILITY OF REPORTS this section shall be submitted to the Secretary, who shall make them available to the public for[Release Point 118-106] | usc54118-106.pdf |
inspection and review. (b) ACTIVITY OF PRIVATE PERSON, ASSOCIATION, OR PUBLIC ENTITY. — (1). —When any Federal agency provides financial assistance RECOVERY BY SECRETARY by loan, grant, or otherwise to any private person, association, or public entity, the Secretary, if the Secretary determines that significant scientific, prehistorical, historical, or archeological data might be irrevocably lost or destroyed, may, with funds appropriated expressly for this purpose— (A) conduct, with the consent of all persons, associations, or public entities having a legal interest in the property, a survey of the affected site; and (B) undertake the recovery, protection, and preservation of the data (including analysis and publication). (2). —The Secretary shall, unless otherwise agreed to in writing, COMPENSATION compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or any nonfederally owned land. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3254. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 312502 16 U. S. C. 469a-1. Pub. L. 86-523, §3, as added Pub. L. 93-291, §1(3), May 24, 1974, 88 Stat. 174. §312503. Survey and recovery by Secretary (a). —The Secretary, on notification, in writing, by any Federal or State agency or IN GENERAL appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data are being or may be irrevocably lost or destroyed by any Federal or federally assisted or licensed project, activity, or program, shall, if the Secretary determines that the data are significant and are being or may be irrevocably lost or destroyed and after reasonable notice to the agency responsible for funding or licensing the project, activity, or program— (1) conduct or cause to be conducted a survey and other investigation of the areas that are or may be affected; and (2) recover and preserve the data (including analysis and publication) that, in the opinion of the Secretary, are not being, but should be, recovered and preserved in the public interest. (b). —No survey or recovery work shall be WHEN SURVEY OR RECOVERY NOT REQUIRED required pursuant to this section that, in the determination of the head of the responsible agency, would impede Federal or federally assisted or licensed projects or activities undertaken in connection with any emergency, including projects or activities undertaken in anticipation of, or as a result of, a natural disaster. (c). —The Secretary shall initiate the survey or recovery effort INITIATION OF SURVEY within— (1) 60 days after notification pursuant to subsection (a); or (2) such time as may be agreed on with the head of the agency responsible for funding or licensing the project, activity, or program in all other cases. (d). —The Secretary shall, unless otherwise agreed to in COMPENSATION BY SECRETARY writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or nonfederally owned land. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3255. )[Release Point 118-106] | usc54118-106.pdf |